Promoter to submit declaration.

(1) A declaration shall be submitted by the promoter to the Competent Authority in respect of the building, whether constructed before or after the commencement of this Act, within 30 days of issue of Occupancy Certificate, in such form and in such manner as may be prescribed. (2) Where the Apartments have already been handed over to the apartment owners before commencement of this Act, and the promoter of such apartment is unable to submit the declaration which is beyond his control, the Competent Authority shall, after giving opportunities of hearing to the promoter and association of the owners, allow the association of allottees to submit the declaration in such form and in such manner with such particulars as may be prescribed. (3) The declaration referred to in sub-section (1) and sub-section (2) shall contain the following particulars, namely:– (i) details of the land including the right, title and interest thereon on which the building is constructed and encumbrances, if any, over such land and whether the land is free hold or lease hold; (ii) approved plan of the project from the Authority Competent to approve the said plan; (iii) description of the building stating the number of storeys and basements, the number of apartments and the principal materials of which it is constructed; (iv) the apartment number of each apartment, and a statement of its location, its carpet area, number of rooms, number of bathrooms, number of balconies and sit outs, immediate common area to which it has access, and any other data necessary for its proper identification; (v) description of the common areas and facilities including number of lifts; (vi) value of the property of each apartment, and the undivided interest in the common areas and facilities appertaining to each apartment and its owner for all purposes, including voting; (vii) a statement that the apartment and such undivided interest are not encumbered in any manner whatsoever on the date of the declaration; (viii) statement of the purposes for which the building and each of the apartments are intended and restricted as to use;