Vidhi Codex

section 24

Competent Authority and its functions

The Rajasthan Apartment Ownership Act, 2015
General201534 sections8 chapters
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Chapter VII The Authorities under the Act

Statutory text
  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.

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