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West Ben. Act XVI of 1972.

notifications · 1972 · West Bengal

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

Text

West Ben. Act XVI of 1972. GOVERNMENT OF WEST BENGAL LAW DEPARTMENT Legislative West Bengal Act XXXIV of 20011 THE WEST BENGAL APARTMENT OWNERSHIP (AMENDMENT) ACT, 2001. [Passed by the West Bengal Legislature.] [Assent of the President of India was first published in the Kolkata Gazette, Extraordinary, of the 7th March, 2003.] 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 Fifty-second Year of the Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Act may be called theWest Bengal Apartment Ownership (Amendment) Act, 2001. (2) It shall come into force at once. 2. For section 2 of the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the principal Act), the following section shall be substituted:— · "Application 2. This. Act shall apply to every building which is of the Act. or is proposed to be used, mainly for residential purposes, and the sole owner or all the owners of every such building shall submit the same to the provisions of this Act by duly executing and registering a declaration setting out the particulars referred to in section 10: Provided that the State Government may exempt, by a general or special order, any such owner for submitting such building to the provisions of this Act: 'For proceedings of the West Bengal Legislative Assembly, see the proceedings of the ,neeting of that Assembly held on the 12th December, 2001. Short title and commencement. Substitution of new section for section 2 of West Ben. Act XVI of 1972. Amendment of section 16A. (Section 3.) Provided further that notwithstanding such exemptions, the other provisio

Rule TOC

1 · (1) This Act may be called theWest Bengal Apartment Ownership (Amendment) Act, 2001.
2 · For section 2 of the West Bengal Apartment Ownership Act, 1972 (hereinafter referred to as the principal Act), the following section shall be substituted:— ·
2 · It has also been noticed that provision of penalty made in section 16A of the said Act does not apply to the sole owner of a building who escapes even violating the provisions of relevant sections of the said Act. Further, in section 16A of the said Act there is no provision of penalty for violation of section 2 of the said Act.
3 · In view of the above, the State Government has decided to amend section 2 and section 16A of the said Act so that the provisions of the said Act become imperative to the few, who decline to submit their property under the said Act, if the majority owners of the building submit the same. The sole owner may also be penalised for violating the provisions of relevant sections of the said Act.
4 · The Bill has, accordingly, been framed with the above objects in view.
5 · The Bill does not involve any additional burden on the State Exchequer.