Chapter V AUTHORITIES UNDER THE ACT

(1) The competent authority shall have the following powers and duties: (a) to permit further time to the promoter to execute Deed of Apartment; (b) to receive the certified copies relating to Deed of Apartment instruments or undertaking, deeds of lease, document of transfer of Apartment and management and endorsements thereon and hire purchase agreement; (c) to impose penalty upon developers, promoters, Apartment owners for any delay or failure to execute instruments in favour of purchasers of Apartments, to issue certificate to Registration officer; (d) to direct association of Apartment owners repair damaged property and to, allow further time to an association of Apartment owners to repair, reconstruct or rebuild a property which is damaged/ destroyed; (e) to ensure compliance, by the promoters, Association of Apartment Owners of the obligations under the Act, Rules or Bye-Laws, by issuance of proper directions; (f) to issue directions consistent with the Act, Rules and bye-laws to the Associations of Apartment owners; (g) any other function which the government may by notification entrust to the competent authority; and (h) Three percent in registration charge would be payable to concerned authority. (2) In discharging his function under the Act, the competent Authority with have the powers of a Civil Court under the Code of Civil procedure 1908 while trying a suit.

(1) The Commissioner of the Division will be the Appellate Authority who will hear appeals against the orders of the Competent Authority. (a) Any person aggrieved by any order of the Competent Authority under this Act, may, within a period of thirty days of the Communication of the order to him, prefer an appeal to the Appellate Authority in such form and manner as may be prescribed. (b) The Appellate Authority, after giving opportunity to be heard to the parties, may pass such order, as Appellate Authority shall deem fit, either confirming, modifying or setting aside the order of the Competent Authority, and shall record its reasons in writing. The order of the Appellate Authority shall be final and conclusive. (c) In discharging its functions, the Appellate Authority shall have all the powers under the Code of Civil Procedure 1908 while deciding an appeal.

If an association of Apartment owners, Manager or Board of Managers is not performing its function, the Competent Authority may give suitable directions.

No Apartment owner may exempt himself/ herself from liability for his/ her contribution towards the Common expenses, by waiver of use or enjoyment of any of the Common areas and facilities or by the abandonment of his/ her Apartment.

All Apartment owners, tenants of such owners, employees of owners and tenants or any other person who may in any manner use property or any part thereof submitted under the provisions of this Act, shall be subject to this Act and to the Deed of Apartment and the bye-laws of the Association of Apartment owners adapted pursuant to the provisions of this Act. All agreements decision and determination law-fully made by the Association of Apartment owners in accordance with the Deed of Apartment or bye-laws shall be deemed to be binding on all Apartment owners.

For the removable of doubts it is hereby declared that the provisions of the Transfer of property Act, 1882, shall, in so far as they are not inconsistent with the provisions of this Act, apply to every Apartment and its undivided interest in the Common areas and facilities appurtenant to such Apartment as those provisions apply in relation to any immovable property, and not withstanding anything contrary to any contract the provisions of this Act shall take effect.

(1) The Bihar Apartment Ownership Act, 2004 (Bihar Act 6, 2004) is hereby repealed. (2) Notwithstanding such repeal, any thing done or any action taken in exercise of any power conferred by or under the said “The Bihar Apartment Ownership Act, 2004” shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act was in force on the day on which such things was done or action taken.