Chapter VII The Authorities under the Act

1. (1) The State Government shall, by notification in the Official Gazette, authorize any officer or authority to perform all or any of the functions of the Competent Authority under this Act and different officers or authorities may be authorized for different areas.
2. (2) The Competent Authority may, on an application made to it,-
   • (i) approve the percentage of undivided interest in the common areas and facilities to which each apartment owner is entitled under sub-section (3) of section 4;
   • (ii) decide under section 6, action for recovery of sums due for damages or grant injunctive relief, or both;
   • (iii) permit, under first proviso to sub-section (1) of section 11 further time to the promoter to execute Deed of Transfer of Apartment;
   • (iv) receive, under sub-section (2) of section 11, the certified copies of the Deed of Transfer of Apartment and all endorsements;
   • (v) impose penalty under sub-section (4) of section 11;
   • (vi) hear and dispose of an application under sub-section (5) of section 11;
   • (vii) record succession to any apartment on the certified copy of the Deed of Transfer of Apartment and to decide any dispute relating therewith under sub-section (6) and to send true copies of such Deed of Transfer of Apartment to the concerned Registrar for registration under sub-section (7) of section 11;
   • (viii) allow, under section 15, further time beyond sixty days to any Association to repair, reconstruct or re-build a property which is damaged or destroyed;
   • (ix) ensure compliance by promoters, Associations and apartment owners of the provisions of this Act and the rules made thereunder by issue of suitable directions;
   • (x) issue directions to Associations and apartment owners consistent with the provisions of this Act and this rules made thereunder;
   • (xi) resolve any other dispute which may arise under the provisions of this Act;
   • (xii) perform any other functions which the State Government may, by notification in the Official Gazette, entrust to the Competent Authority from time to time.
3. (3) Every application under sub-section (2) shall be made in such form and manner and shall be accompanied by such fee as may be prescribed.
4. (4) Every application received by the Competent Authority shall, as far as possible, be disposed of by it within a period of one hundred eighty days from the date of its receipt and if any application is not disposed of within the aforesaid period, the Competent Authority shall record reasons therefor.

The Competent Authority shall, for the purposes of discharging its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit, in respect of the following matters, namely:-

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) issuing commissions for the examination of witness;
4. (d) executing its decree or order;
5. (e) any other matter which may be prescribed, and any proceeding before the Competent Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860), and the Competent Authority shall be deemed to be a civil court for the purposes of section 195, but not for the purposes of Chapter XXVI, of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).

1. (1) The State Government may, by notification in the Official Gazette, appoint an officer or an authority as Appellate Authority, with the power to decide appeals against the orders of the Competent Authority under this Act: Provided that the State Government may appoint more than one officer or authority under this sub-section and distribute the work among them in such manner as it deems fit.
2. (2) Notwithstanding anything contained in any law for time being in force but subject to the provisions of sub-section (6) of section 11, any person aggrieved by any order of the Competent Authority under this Act may, within a period of thirty days of communication of the order to him, prefer an appeal to the Appellate Authority.
3. (3) Every appeal under sub-section (2) shall be made in such form and manner and shall be accompanied by such fee as may be prescribed.
4. (4) The Appellate Authority may, after giving an opportunity to be heard to the parties and to the Competent Authority, pass such order, as it deems fit, either confirming, modifying or setting aside the order of the Competent Authority, and the order of the Appellate Authority shall be final.
5. (5) An appeal under this section shall, as far as possible, be disposed of by the Appellate Authority within a period of one hundred eighty days from the date of its filing and if an appeal is not disposed of within the aforesaid period, the Appellate Authority shall record reasons therefor.
6. (6) The Appellate Authority shall have, for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit, in respect of the following matters, namely:-
   • (a) receiving evidence;
   • (b) issuing commissions for examination of witnesses;
   • (c) requisitioning any public record; and
   • (d) any other matter, which may be prescribed, and any proceeding before the Appellate Authority shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196 of the Indian Penal Code, 1860 (Central Act No. 45 of 1860), and the Appellate Authority shall be deemed to be a civil court of the purpose of section 195, but not for the purposes of Chapter XXVI, of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).