State Act

13

Section 13. A declaration or an instrument to be submitted before the competent Authority and to be dealt with by him.

The Assam Apartments (Construction and Transfer of Ownership) Act, 2006

Act no. 21 of 20072007RepealedAssam (State Act)

This Act was repealed on a date we do not have by the Assam Repealing Act, 2022 (33 of 2022); it may still apply to matters that began before then.

13. (1) Any declaration referred to in section 2 or any amendment thereto as any instrument referred to in sub-section (4) of section 5 shall, in the first instance be submitted, in duplicate, within fourteen days from the date of its execution, to the Competent Authority along with copies of site plans, building plans and relevant title deeds. (2) On receipt of a declaration or an amendment thereto or an instrument referred to the sub-section (1), the Competent Authority shall, – (a) after holding such inquiry, if any as it may consider necessary for the purpose, examine the declaration, the amendment or the instrument, as the case may be, to be ascertain whether – (i) the property concerned comes within the purview of this Act, and (ii) the declaration, the amendment or the instrument is in order. (b) by an order in writing giving reasons therefore, accept or reject the declaration, the amendment or the instrument, and (c) in case of acceptance, immediately return the declaration, the amendment or the instrument, along with all the enclosures to the owner or owners, as the case may be, for registration, within fifteen days from the date of return. (d) In case of rejection, forthwith communicate the order of rejection to the owner or owners. (3) Any person, being aggrieved by an order of rejection under sub-section (2), may within thirty days from the date of such order appeal before the State Government, whose order on appeal shall be final ; Provided that the appellate authority may allow, on sufficient grounds being shown in this behalf, to file an appeal after a period of thirty days, if it is satisfied that the delay was caused due to a situation which was beyond the control of the aggrieved person. (4) Any order referred to in clause (b) of sub-section (2) or in sub-section (3) shall not be called in question in any court of law.