Amendment of Section 3 of Bihar Act 28, 2006

In Section-3 of the said Act the following amendments shall be made :—After clause (x) of Section 3 of the said Act the following new clauses (y) and (z) shall be added respectively :- (1) "(y) "Completion Certificate" means a certificate given by the Promoter/Developer/Builder to the Competent Authority in the prescribed form regarding completion of the project as per sanctioned plan and in conformity with all conditions of laws and rules with an intention to obtain occupancy permission from the Competent Authority." "(z) "Occupancy permission" means the permission in writing given by the Competent Authority, on receipt of the Completion Certificate and being satisfied after due inspection of the apartment that all conditions have been complied with, permitting the use of Apartment or a part thereof." (2) Clause (o) of Section 3 shall be substituted by the following :- "(o) "Local Authority" means an institution of self government constituted under Section-12 of the Bihar Municipal Act, 2007 as amended from time to time and includes a Municipal Corporation, a Municipal Council, a Nagar Panchayat and any Development and Planning Authority constituted under any law." (3) In clause (i) of Section -3 the said Act the words "including setback area" shall be added after the words "land and the building". 3. Amendment of Sectio -6 of the Bihar Act 28, 2006- Following amendments shall be made in Section-6 of the said Act, namely :- ?बहार गजट (असाधारण), 9 tuojh 2012 (1) In Section - 6, after the words "the bye-laws" the words "decisions of the Association of Apartment owners regarding sharing of common expenses, Common Profits, service charges" shall be added. (2) Section- 6 of the said Act shall be renumbered as Section 6(1). (3) After Section - 6(1) of the said Act the following new sub-sections (2), (3) and (4) shall be added respectively :- " (2) In case the Manager or Board on behalf of the Association of Apartment Owners or, in proper case, an aggrieved Apartment Owner, is not able to recover sums due for damages, or for inductive relief, or both, the Manager or Board on behalf of the Association of Apartment Owners may make an application to the Competent Authority who shall cause such recovery to be made in the manner prescribed in Rules." "(3) The Manager or Board on behalf of Association of Apartment owner may make an application to the Competent Authority for the collection of the share of common expenses and service charge from the Apartment Owner who defaults on such payment and inspite of the efforts of the Association or the Manager or the Board refuses to pay his share for six months, and the Competent Authority shall get the amount equal to the share recovered from the apartment owner in the manner prescribed in Rules." "(4) All dues for damages, or for inductive relief, or both, and dues of common expenses and service charges against an Apartment Owners shall be treated as arrear of property tax and shall be recoverable as such." 4. Amendment of Section-7 of The Bihar Act 28, 2006. - In Section-7 of the said Act the following amendments shall be made, namely :- (1) A new subsection (1a) shall be inserted after subsection (1) of Section 3 :- "(1a) Every promoter or developer or builder shall get itself registered with such Authority and in such manner as prescribed in Rules." (2) Clause (i) of Sub-Section (2) of Section-7 shall be substituted by the following:- "(i) Not allow allottee to enter into possession of Apartment or a part thereof until the Completion Certificate is given by the Builder to the Competent Authority, and a 'Occupancy Permission' is granted by him and no allottee shall take the possession of the Apartment or a part thereof until Occupancy Permission has been duly granted by the Competent Authority."

1. (3) In clause (i) of Section -3 the said Act the words "including setback area" shall be added after the words "land and the building". 3. Amendment of Sectio -6 of the Bihar Act 28, 2006- Following amendments shall be made in Section-6 of the said Act, namely :- ?बहार गजट (असाधारण), 9 tuojh 2012
2. (1) In Section - 6, after the words "the bye-laws" the words "decisions of the Association of Apartment owners regarding sharing of common

expenses, Common Profits, service charges" shall be added.

(2) Section- 6 of the said Act shall be renumbered as Section 6(1).

1. (3) After Section - 6(1) of the said Act the following new sub-sections (2),
2. (3) and (4) shall be added respectively :- " (2) In case the Manager or Board on behalf of the Association of Apartment Owners or, in proper case, an aggrieved Apartment Owner, is not able to recover sums due for damages, or for inductive relief, or both, the Manager or Board on behalf of the Association of Apartment Owners may make an application to the Competent Authority who shall cause such recovery to be made in the manner prescribed in Rules." "(3) The Manager or Board on behalf of Association of Apartment owner may make an application to the Competent Authority for the collection of the share of common expenses and service charge from the Apartment Owner who defaults on such payment and inspite of

the efforts of the Association or the Manager or the Board refuses to pay his share for six months, and the Competent Authority shall get the amount equal to the share recovered from the apartment owner in the manner prescribed in Rules." "(4) All dues for damages, or for inductive relief, or both, and dues of common expenses and service charges against an Apartment Owners shall be treated as arrear of property tax and shall be recoverable as such." 4. Amendment of Section-7 of The Bihar Act 28, 2006. - In Section-7 of the said Act the following amendments shall be made, namely :-

1. (1) A new subsection (1a) shall be inserted after subsection (1) of Section 3 :- "(1a) Every promoter or developer or builder shall get itself registered with such Authority and in such manner as prescribed in Rules."
2. (2) Clause (i) of Sub-Section (2) of Section-7 shall be substituted by the following:- "(i) Not allow allottee to enter into possession of Apartment or a part thereof until the Completion Certificate is given by the Builder to the Competent Authority, and a 'Occupancy Permission' is granted by him and no allottee shall take the possession of the Apartment or a part thereof until Occupancy Permission has been duly granted by the Competent Authority."