Procedure for Registering Association of Apartment Ownership in West Bengal

PRACTICE AND PROCEDURE FOR FILLING

FORM A, FORM C UNDER THE WEST BENGAL

APARTMENT OWNERSHIP RULES, 1974 AND

FORM 1 UNDER THE WEST BENGAL APARTMENT

OWNERSHIP BYE-LAWS, 1974

Under West Bengal Apartment Ownership Act, 1972 

Filling of Form A :

(a) Whom to submit Form A: To the Competent Authority under the West Bengal apartment Ownership Act, 1972.

(b) Where to submit Form A:  Law and Promoter Cell, 3^rd Floor, ‘C’ Wing, New Secretariat Building, 1, Kiran Shankar Roy Road, Kolkata 700 001. Telephone No. (033) 22420801.

(c) Documents and papers to be submitted for filing Form A:

(1) Forwarding letter addressed to the Competent Authority under the West Bengal Apartment Ownership Act, 1972 stating the fact that he is submitting the property under the West Bengal apartment Ownership Act, 1972 by way of filing Form A which may be accepted.

 (2) Declaration under Form A in Non-Judicial Stamp Paper of Rs. 10(ten) duly affirmed before a Notary (2 sets). – One set will be retained by the Competent Authority after accepting it and other copy will be returned to the applicant after accepting the same.

 (3) Photocopy of the Title Deeds of the Declarant duly attested by a Notary are to be enclosed.  In case of prospective buyer he may enclose photocopy of the Agreement for Sale Deed duly attested by Notary.

 (4) Photocopy of Sanctioned Plan of the building duly attested by Notary.

 (5) A fee commensurate with the total value of the apartments of the building (i.e. if there are 8 flats of value Rs. 10,00,000/- each the total value of the Apartments will be Rs. 80,00,000/0_ is to be deposited with the Reserve Bank of India in T.R. Form No. 7 under the appropriate head of account.  The T.R.Form No. 7 and computerised receipt of the Reserve Bank of India (both original) and 1 set photocopy of botjh are to be enclosed.

 (i) Amount of Fees :

(a) Upto Rs. 25 lakhs – Rs. 1000/-

(b) Above Rs. 25 lakhs upto Rs. 50 lakhs – Rs. 2000/-

(c)  Above Rs. 50 lakhs upto Rs. 1 crore   – Rs. 4000/-

(d) Above 1 crore upto Rs. 5 crores – Rs. 5000/-

(e) Above Rs. 5 crores – Rs. 10,000/-

(ii) Appropriate Head of Account :

“0216 – Housing – 02 – Urban Housing – 800 – Othen

Receipts – 008 – Receipt under the West Bengal Apartment

Ownership Act, 1972 – 16 – Other Fees”

(iii) Account Code : 0216 – 02 – 80000816.

(iv) Name of the Treasury : Kolkata P.A.O. – II

–      A specimen of duly filled in T. R. Form No. 7 is given below:

West Bengal Form No. 2380H

T. R. FORM NO. 7

[See sub-rule (2)(b) of T.R. 3.06]

Challan for Deposit of money in the account of

GOVERNMENT OF WEST BENGAL

1. Name of the Bank of Branch  :  R.B.I., Kolkata
2. (a) Name of the Treasury       :  Kol., P.A.O. – II

(b)   Treasury Code :

1. Account Code :

(14-Digit must be filled up properly)

1. Detail Head of Account : “0216 – Housing – 02 – Urban Housing – 800 – Other Receipts – 800 – Receipt under the West Bengal Apartment Ownership Act, 1972 – 16 – Other Fees. Code : 0216 – 02 – 80000816”.
2. (a) Amount : Rs. 250/-

           (b)  In words : Rupees Two hundred fifty only.

    3. By whom tendered : Name & Address : XYZ,   ABC Road, Kolkata – 1.

1. Name / Designation & Address of the Departmental Officer on whose behalf/favour money is paid : Competent Authority, Under the West Bengal apartment Ownership Act, 1972, Govt. of West Bengal, Deptt. of Housing, Law Cell, New Secretariat Building, 1 Kiran Shankar Road, Kolkata 700001.

2. (a) Particulars and Authority of Deposit : Fees for Form – ‘C’ Instrument executed Apartment Owner(s) Under Sub-clause (i) of Clause (b) of Sub-Section (3) of Section 4 of the West  Bengal Apartment Ownership Act, 1972.

*(b) T. V. No. & Date of A. C. Bill :

1. Accounts Officer by whom adjustable :         Accountant General (A & E),

Verified                                             West Bengal

Signature of Department/Treasury Officer

Depositor’s Signature                                   Treasury Receipted Challan No.

Date :                                                         Bank Scroll Serial No.

Received payment                                        Signature with seal of the Bank

Date :

*In respect of Challan relating to refund of unspent amount of A.C.Bill.

(6) In case the Declarant is the constituted attorney of the apartment owners he must enclose a photocopy of the Deed of Power of Attorney duly attested by a Notary

(b) Disposal of Form A by the Competent Authority:

If the Form A filed by the Declarant(s) is found in order the Competent Authority will accept the Form A and return one set of Form A duly endorsed as “Accepted” to the applicant(s).

(c) Registration of Form A :

The duly “Accepted” Form A must be registered under the Registration Act, 1908 with the Registrar / Sub-Registrar having jurisdiction over the property.

A photocopy of the registered Form A duly attested by a Notary is to be filed with the Competent Authority along with Form 1 for getting Registration No. of the Association of the Apartment Owners.

(B) Filling of Form C

(1) Forwarding letter to the Competent Authority under the West Bengal apartment Ownership Act, 1972 requesting him to accept Form C.

(2) Declaration under Form C in Non-Judicial Stamp Paper of Rs. 10(ten) duly affirmed before a Notary (2 Sets) – One set will be retained by the Competent Authority and other set duly “Accepted” will be returned to the Declarant(s).

(3) Photocopy of the Title Deed/Agreement for Sale Deed duly attested by Notary.

(4) Photocopy of the Sanctioned Plan duly attested by Notary.

(5) Fee in T.R. Form No. 7 under the head of account and other details as Sl. No. (5) of item No. (c)  of Form A.

(6) Amount of Fees :

(i) Upto Rs. 3 lakhs – Rs. 250/-

(ii) Above Rs. 3 lakhs but upto Rs. 7.5 lakhs – Rs. 400/-

(iii) Above Rs. 7.5 lakhs – Rs. 500/-

(7) Original copy of T.R. Form No. 7 and Reseve Bank of India Receipt thereof along with 1 set photocopy of the above.

(8)Photocopy of Registered Form A duly attested by Notary.

(9) In case the Declarant is the constituted attorney of the apartment owner he must enclose a copy of the Deed of Power of Attorney duly attested by Notary.

(10) When Form C is accepted one copy will be returned to the Declarant.

(11) The Declarant must get the Form C registered under the Registration Act, 1908.

(c)       Filling of Form 1

Form 1 under buy-law 3(2) is to be filed in plain paper along with a Xerox copy of the certified copy of the Registered Declaration under Form A shall be enclosed.

The names of all apartment owners shall be stated in Form 1 as per regulation 3 of the West Bengal Apartment Ownership Regulations, 1974.

   A specimen copy of Form – 1 given below:-

FORM NO 1

[See Bye-Law 3(2)]

To

The Competent Authority,

Under the West Bengal Apartment Ownership Act, 1972,

Law Cell, Deptt. of Housing, New Secretariat Buildings, 1^st Floor,

1, Kiran Shankar Rop Ropad, Kolkata 700 001.

Sir,

   I hereby communicate that a General Meeting duly held on ____ (date) presided over by the undersigned, the Association of Apartment Owners under the name and style of “ABC Flat OWNERS’ ASSOCIATION” for our property at Premises No. 111, ABC Road, Kolkata 700 000, Police Station ________ already submitted according to Provisions of the West Bengal Apartment Ownership Act, 1972, has been formed under bye-laws framed under the said Act with the following as members thereof:

Sl. No.     Name of the members    Member of the Apartment

                                                          In the building by him.

1.

2.

3.

4.

5.

It is further stated that the Declaration in Form No.    an approved by you was registered in the Office of the Assistant Registrars of Assurance – 1, Kolkata, vide being No.01659/07.  A Xerox copy of the certified copy of the Declaration obtained from the Registration Office, Kolkata is attached herewith for your ready reference.

  Now, I would request you to register our Association and send the Registration number of our society to us.

Dated  : _____

Place   : Kolkata                                           Sd/-

                                                  Signature of the Apartment Owner

                                                  Presiding the General Meeting held

                                                  On _________________________.