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( 1324 )

Regd. No. NW/CH-22

Regd. No. CHD/0092/2018-2020

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

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)

This Act may be called the Punjab Apartment Ownership

(Amendment) Act, 2021.

(2)

It shall come into force on and with effect from the date of its

publication in the Official Gazette.

Short title and

Commencement.

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In the Punjab Apartment Ownership, 1995 (hereinafter referred to as

the principal Act), in section 3,-

(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;

Amendment

in section 3 of

Punjab Act 13

of 1995.

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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;".

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

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

Amendment in

section 15 of

Punjab Act 13 of

1995.

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five per cent of the cost of the apartment, and the penalty

may be recovered as an arrear of land revenue.".

In the principal Act, for section 17, the following section shall be

substituted, namely:-

"17. (1) After obtaining occupation certificate and within three

months of majority of the apartments being allotted, sold,

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).".

Substitution of

section 17 of

Punjab Act 13 of

1995.

Formation of

association.

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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

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.".

Amendment in

section 37 of

Punjab Act 13 of

1995.

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2244/03-2021/Pb. Govt. Press, S.A.S. Nagar

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.

_________________

CHANDIGARH

SHASHI LAKHANPAL MISHRA,

THE 8^TH MARCH, 2021

SECRETARY.