State Act

16

Section 16. Obligations of promoter regarding insurance of real estate project.

The West Bengal Housing Industry Regulation Act, 2017

Act no. 41 of 20172017Repealed 4 May 2021West Bengal (State Act)

This Act was repealed on 4 May 2021 by struck down as beyond the State's legislative power by the Supreme Court in Forum for People's Collective Efforts v. State of West Bengal (4 May 2021); it may still apply to matters that began before then.

16. (1) The promoter shall obtain all such insurances as may be notified by the State Government, including but not limited to insurance in respect of— (i) title of the land and building as a part of the real estate project; and (ii) construction of the real estate project. (2) The promoter shall be liable to pay the premium and charges in respect of the insurance specified in sub-section (1) and shall pay the same before transferring the insurance to the association of the allottees. (3) The insurance as specified under sub-section (1) shall stand transferred to the benefit of the allottee or the association of allottees, as the case may be, at the time of promoter entering into an agreement for sale with the allottee. (4) On formation of the association of the allottees, all documents relating to the insurance specified under sub-section (1) shall be handed over to the association of the allottees.