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West Ben. Act XVI of 1972.

d7cb69d8f5f02798211d3d3fd6fb4f3863b7e184 · 1972 · West Bengal

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Parent: The West Bengal Apartment Ownership Act, 1972 (afc0766fd6de42f8acb523ae5a7841dbbad54e24)

Text

West Ben. Act XVI of 1972. West Ben. Act LIX of 1980. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XXVIII of 1996 THE WEST BENGAL APARTMENT OWNERSHIP (AMENDMENT) ACT, 1996. [Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Calcutta Gazette, Extraordinary, of the 10th November, 1998.] [10th November, 1998.] An Act to amend the West Bengal Apartment Ownership Act, 1972. WHEREAS it is expedient to amend the West Bengal Apartment Ownership Act, 1972, for the purposes and in the manner hereinafter appearing; It is hereby enacted in the Forty-seventh Year of the Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Act may be called the West Bengal Apartment Ownership (Amendment) Act, 1996. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. 2. In clause (a) of section 3 of the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the principal Act),— for the words "residential unit;", the words "residential unit, and includes a flat." shall be substituted, and the following Explanation shall be added at the end:— `Explanation.—"Flat" shall mean a separate residential unit, whether self-contained or not, used or intended to be used for any of the purposes referred to in sub-clauses (a) to (i) of clause (2) of section 390 of the Calcutta Municipal Corporation Act, 1980;'. 3. In sub-section (2) of section 5 of the principal Act, for the words "without the consent of all the apartment owners expressed", the words "without the written consent of all the apartment owners. Addition or alteration, if any, is to be expressed subsequently" shall be substituted. Short title and commencement. Amendment o

Rule TOC

1 · (1) This Act may be called the West Bengal Apartment Ownership (Amendment) Act, 1996.
2 · In clause (a) of section 3 of the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the principal Act),—
3 · In sub-section (2) of section 5 of the principal Act, for the words "without the consent of all the apartment owners expressed", the words "without the written consent of all the apartment owners. Addition or alteration, if any, is to be expressed subsequently" shall be substituted.
4 · In section 7 of the principal Act, the words "or shall add any material structure or excavate any additional basement or cellar" shall be omitted.
6 · In sub-section (1) of section 16A of the principal Act, for the words "he shall,", the words, figures and letter "or if such owner stands in the way of submitting the property to the provisions of this Act and does not futnish the particulars or documents as required for execution of Declaration in accordance with the provisions of section 10A and the rules made under this Act, he shall," shall be substituted.
7 · After section 16A of the principal Act, the following section shall be inserted:—
West Ben. Act XVI of 1972. — The West Bengal Apartment Ownership Act, 1972 — Roop's Law Assist Statutes