Regd. No. NW/CH-22 Regd. No. CHD/0092/2018-2020 PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021 1324 (PHGN 17, 1942 SAKA)
EXTRAORDINARY
Published by Authority
CHANDIGARH, MONDAY, MARCH 8, 2021
(PHALGUNA 17, 1942 SAKA)
PUNJAB VIDHAN SABHA SECRETARIAT
NOTIFICATION
The 8th March, 2021
No. 16-PLA-2021/18.-The Punjab Apartment Ownership
(Amendment) Bill, 2021 is hereby published for general information under the
proviso to rule 121 of the Rules of Procedure and Conduct of Business in the
Punjab Vidhan Sabha (Punjab Legislative Assembly):-
BILL NO. 16-PLA- 2021
THE PUNJAB APARTMENT OWNERSHIP (AMENDMENT)
BILL, 2021
A
BILL
further to amend the Punjab Apartment Ownership Act, 1995.
BE it enacted by the Legislature of the State of Punjab in the Seventy-
second year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Apartment Ownership
Short title and Commencement.
(Amendment) Act, 2021.
(2) It shall come into force on and with effect from the date of its
publication in the Official Gazette.
( 1324 )
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2. In the Punjab Apartment Ownership, 1995 (hereinafter referred to as
the principal Act), in section 3,-
Amendment in section 3 of Punjab Act 13 of 1995.
(i) after clause (b), the following clause shall be inserted, namely:-
"(ba) "apartment building" means a building constructed on
any land containing eight or more apartments, or two
or more adjacent buildings with a total of eight or
more apartments, or any existing building converted
into eight or more apartments;";
(ii) for clause (g), the following clause shall be substituted, namely:-
"(g) "building" includes any structure or erection or part of
a structure or erection which is intended to be used
for residential, commercial or for the purpose of any
business, occupation, profession or trade, or for any
other related purposes;";
(iii) for clause (j), the following clause shall be substituted, namely:-
"(j) "common areas and facilities" means,-
(i) the entire land of the project, or where the project is
developed in phases, the entire land of that phase;
(ii) the staircases, lifts, staircase and lift lobbies, fire
escapes, and common entrances and exits of buildings;
(iii) the common basements, terraces, parks, play areas,
open parking areas and common storage spaces;
(iv) the premises for the lodging of persons employed for
the management of the property including
accommodation for watch and ward staffs or for the
lodging of community service personnel;
(v) installations of central services such as electricity, gas,
water and sanitation, air-conditioning and incinerating,
system for water conservation and renewable energy;
(vi) the water tanks, sumps, motors, fans, compressors,
ducts and all apparatus connected with installations
for common use;
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(vii) all community and commercial facilities as provided
in the project; and
(viii) all other portions of the project necessary or convenient
for its maintenance, safety, etc., and in common use;";
and
(iv) for clause (t), the following clause shall be substituted, namely:-
"(t) "person" includes,-
(i) an individual;
(ii) a Hindu undivided family;
(iii) a company;
(iv) a firm under the Indian Partnership Act, 1932 or the
Limited Liability Partnership Act, 2008, as the case
may be;
(v) an association of persons or a body of individuals,
whether incorporated or not;
(vi) a co-operative society registered under the Punjab
Co-operative Societies Act, 1961 (Punjab Act No. 25
of 1961); and
(vii) any such other entity as the State Government may,
by notification, specify in this behalf;".
3. In the principal Act, in section (15), in sub-section (1), for the words
and signs "impose a penalty upto a maximum of five thousand rupees or five
Amendment in section 15 of Punjab Act 13 of 1995.
per cent of the price of the apartment, whichever is greater, for each apartment
for which there is a default together with a further minimum penalty for each
apartment of one hundred rupees for every day for which the default continues,
and the penalty may be recovered as an arrear of land revenue:", the following
words and signs shall be substituted, namely:-
"impose,-
(i) in case of promoter, a penalty, which may extend upto five
per cent of the estimated cost of the project; and
(ii) in case of apartment owner, a penalty, which may extend upto PUNJAB GOVT. GAZ. (EXTRA), MARCH 8, 2021 1327
(PHGN 17, 1942 SAKA)
five per cent of the cost of the apartment, and the penalty
may be recovered as an arrear of land revenue.".
4. In the principal Act, for section 17, the following section shall be
substituted, namely:-
Substitution of section 17 of Punjab Act 13 of 1995.
"17. (1) After obtaining occupation certificate and within three
months of majority of the apartments being allotted, sold,
Formation of association. or otherwise transferred, the promoter shall make an
application to the competent authority appointed under clause (m)
of section 3 of the principal Act for the registration of association,
with the persons who have taken apartments as members and if the
promoter fails to make such application, the allottees shall make such
application.
(2) If the promoter or the allottees, as the case may be, fail(s)
to make application for registration of the association within the period
mentioned in sub-section (1), the competent authority shall by an order,
direct the promoter or the allottees, as the case may be, to form an
association of residents in respect of the project within such period, as
may be specified in the order.
(3) The owner or allottee or occupier of any apartment shall
be a member of the association from the date he takes possession of
such apartment.
(4) The promoter of the project shall be an associate member
of the association in respect of apartment(s) meant for allotment or
sale, but not yet allotted or sold. When such apartment(s) is later on
allotted, sold or otherwise transferred, the allottee shall become a
member of the association and the promoter shall cease to be an
associate member of the association in respect of such apartment
from the date of possession.
(5) The responsibility for administration and management of the
apartments and maintenance and upkeep of common areas,
infrastructure and common services of the project shall devolve on
the association from the date specified by the competent authority in
the order passed under sub-section (13) of section 5 of the Punjab
Apartment and Property Regulation Act, 1995 (Punjab Act No. 14 of
1995).".
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5. In the principal Act, in section 37, for the words and signs "levy for
each breach or contravention and penalty for each apartment upto a maximum
Amendment in section 37 of Punjab Act 13 of 1995.
of one percent of the price of the apartment, or, one thousand rupees, whichever
is greater, and a further minimum penalty for each apartment of one hundred
rupees for each day during which the breach or contravention continues and if
the penalty so levied is not paid, it may be recovered as an arrear of land
revenue.", the following words and signs shall be substituted, namely:-
"levy for each breach or contravention,-
(i) in case of promoter, a penalty, which may extend upto five per
cent of the estimated cost of the project;
(ii) in case of apartment owner, a penalty, which may extend upto
five per cent of the cost of the apartment; and
(iii) in case of an association, a penalty of rupees ten thousand, and if
the breach or default is continuous, a penalty of rupees one thousand
for each day of the breach or default shall be levied, and if the penalty
so levied under clauses (i) to (iii) above is not paid by the promoter or
apartment owner or association, as the case may be, it may be
recovered as an arrear of land revenue.".
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STATEMENT OF OBJECTS AND REASONS
The Punjab Apartment Ownership Act, 1995 was enacted to provide
for the ownership of an individual apartment in a building together with and
undivided interest in the common areas and facilities appurtenant to such
apartment to make such apartment and interest heritable and transferable, to
enforce obligations on promoters and apartment owners, and to provide for
matters connected therewith or incidental thereto. After the enactment of the
Real Estate (Regulation and Development) Act, 2016, to harmonize the Punjab
Apartment Ownership Act, 1995 with the Real Estate (Regulation and
Development) Act, 2016, certain amendments in the Punjab Apartment
Ownership Act, 1995 have been proposed. Hence, the Punjab Apartment
Ownership (Amendment) Bill, 2021.
SUKHBINDER SINGH SARKARIA,
Housing and Urban Development, Minister, Punjab.