BIHAR APARTMENT OWNERSHIP (AMENDMENT) ACT 2011

{
    "id": 3450,
    "slug": "bihar-apartment-ownership-amendment-act-2011",
    "title": "BIHAR APARTMENT OWNERSHIP (AMENDMENT) ACT 2011",
    "short_title": "Bihar Apartment Ownership (Amendment) Act, 2011",
    "act_number": "1",
    "act_year": 2012,
    "act_type": "STATE",
    "location": "Bihar",
    "law_status": "valid",
    "enactment_date": "2012-01-04",
    "description": "Bihar Apartment Ownership (Amendment) Act, 2011",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "AN\n???\nTO AMEND THE BIHAR APARTMENT OWNERSHIP ACT, 2006 (BIHAR ACT 28, 2006)\nBE it enacted by the legislature of the State of Bihar in the sixty second year of the\nRepublic of India as follows:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement",
            "chapter": null,
            "content": "1. Short title, extent and commencement.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1(1)",
            "chapter": null,
            "content": "(1) This Act may be called the\nBihar Apartment Ownership (Amendment) Act, 2011.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1(2)",
            "chapter": null,
            "content": "(2) It shall extend to the whole of the state of Bihar.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "1",
            "title": "Section 1(3)",
            "chapter": null,
            "content": "(3) It shall come into force at once.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "2",
            "title": "Section 2. Amendment of Section 3 of Bihar Act 28, 2006",
            "chapter": null,
            "content": "2. Amendment of Section 3 of Bihar Act 28, 2006 - In Section-3 of the said Act\nthe following amendments shall be made-After clause (x) of Section 3 of the said\nAct the following new clauses (y) and (z) shall be added respectively :-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "3",
            "title": "Section 3(y)",
            "chapter": null,
            "content": "(1) \"(y) \"Completion Certificate\" means a certificate given by the\nPromoter/Developer/Builder to the Competent Authority in the prescribed\nform regarding completion of the project as per sanctioned plan and in\nconformity with all conditions of laws and rules with an intention to obtain\noccupancy permission from the Competent Authority.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "3",
            "title": "Section 3(z)",
            "chapter": null,
            "content": "\"(z) \"Occupancy permission\" means the permission in writing given by the\nCompetent Authority, on receipt of the Completion Certificate and being\nsatisfied after due inspection of the apartment that all conditions have been\ncomplied with, permitting the use of Apartment or a part thereof.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "3",
            "title": "Section 3(o)",
            "chapter": null,
            "content": "(2) Clause (o) of Section 3 shall be substituted by the following :-\n\"(o) \"Local Authority\" means an institution of self government constituted\nunder Section-12 of the Bihar Municipal Act, 2007 as amended from time\nto time and includes a Municipal Corporation, a Municipal Council, a\nNagar Panchayat and any Development and Planning Authority\nconstituted under any law.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2(3)",
            "chapter": null,
            "content": "(3) In clause (i) of Section 3 the said Act the words \"including setback area\"\nshall be added after the words \"land and the building\".",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "3",
            "title": "Section 3. Amendment of Sectio -6 of the Bihar Act 28, 2006",
            "chapter": null,
            "content": "3. Amendment of Sectio -6 of the Bihar Act 28, 2006- Following amendments\nshall be made in Section-6 of the said Act, namely :-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "3",
            "title": "Section 3(1)",
            "chapter": null,
            "content": "(1) In Section - 6, after the words \"the bye-laws\" the words \"decisions of the\nAssociation of Apartment owners regarding sharing of common\nexpenses, Common Profits, service charges\" shall be added.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "3",
            "title": "Section 3(2)",
            "chapter": null,
            "content": "(2) Section- 6 of the said Act shall be renumbered as Section 6(1).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "6",
            "title": "Section 6(2)",
            "chapter": null,
            "content": "(3)\nAfter Section - 6(1) of the said Act the following new sub-sections (2),\n(3) and (4) shall be added respectively :-\n(2) In case the Manager or Board on behalf of the Association of\nApartment Owners or, in proper case, an aggrieved Apartment Owner,\nis not able to recover sums due for damages, or for inductive relief, or\nboth, the Manager or Board on behalf of the Association of Apartment\nOwners may make an application to the Competent Authority who\nshall cause such recovery to be made in the manner prescribed in\nRules.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "6",
            "title": "Section 6(3)",
            "chapter": null,
            "content": "\"(3) The Manager or Board on behalf of Association of Apartment owner\nmay make an application to the Competent Authority for the\ncollection of the share of common expenses and service charge from\nthe Apartment Owner who defaults on such payment and inspite of\nthe efforts of the Association or the Manager or the Board refuses to\npay his share for six months, and the Competent Authority shall get\nthe amount equal to the share recovered from the apartment owner\nin the manner prescribed in Rules.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "6",
            "title": "Section 6(4)",
            "chapter": null,
            "content": "\"(4) All dues for damages, or for inductive relief, or both, and dues of\ncommon expenses and service charges against an Apartment Owners\nshall be treated as arrear of property tax and shall be recoverable as\nsuch.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "4",
            "title": "Section 4. Amendment of Section-7 of The Bihar Act 28, 2006",
            "chapter": null,
            "content": "4. Amendment of Section-7 of The Bihar Act 28, 2006. - In Section-7 of the said\nAct the following amendments shall be made, namely :-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "7",
            "title": "Section 7(1a)",
            "chapter": null,
            "content": "(1) A new subsection (1a) shall be inserted after subsection (1) of Section 3 :-\n\"(1a) Every promoter or developer or builder shall get itself registered with\nsuch Authority and in such manner as prescribed in Rules.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "7",
            "title": "Section 7(2)(i)",
            "chapter": null,
            "content": "(2) Clause (i) of Sub-Section (2) of Section-7 shall be substituted by the\nfollowing:-\n\"(i) Not allow allottee to enter into possession of Apartment or a part\nthereof until the Completion Certificate is given by the Builder to the\nCompetent Authority, and a 'Occupancy Permission' is granted by him\nand no allottee shall take the possession of the Apartment or a part\nthereof until Occupancy Permission has been duly granted by the\nCompetent Authority.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "5",
            "title": "Section 5. Amendment of Section 8 of The Bihar Act, 28, 2006",
            "chapter": null,
            "content": "5. Amendment of Section 8 of The Bihar Act, 28, 2006. The following new\nsub-section (1a) shall be inserted after subsection (1) namely:- (1a)\"Every Owner\nshall become a member of a cooperative society or a company constituted by person\ntaking the Apartment for managing the affairs of the Apartment.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "6",
            "title": "Section 6. Amendment of Section 17 of the Bihar Act 28, 2006",
            "chapter": null,
            "content": "6. Amendment of Section 17 of the Bihar Act 28, 2006. - In Section-17 of the\nsaid Act following amendments shall be made namely :-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "6",
            "title": "Section 6(1)",
            "chapter": null,
            "content": "(1) In Section 17(1) the words \"with fine which may extend to two thousand\nrupees\" shall be substituted by the words \"with fine which may extend to\none lakh rupees\".",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "6",
            "title": "Section 6(2)",
            "chapter": null,
            "content": "(2) In Section 17(1) clause (d) shall be added after clause (c).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "17",
            "title": "Proviso to Section 17(1)",
            "chapter": null,
            "content": "(3) The following proviso shall be added to Section 17 (1) :-\n\"Provided that if any Promoter contravenes the provision of Section 7(2)\n(f) he shall, after the lapse of a period of six months from the date on\nwhich the possession of the Apartment was to be given, be\npunished with a fine as may be provided in the rules for every\nsubsequent month of delay and the fine thus collected shall be paid to\nthe owner/allottee of the Apartment.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "6",
            "title": "Section 6(4)",
            "chapter": null,
            "content": "(4) In Section 17(3), the words \"which may extend to two lakh\nrupees\" shall be added after the words \"with fine\" and the words \"apart from\nthe construction being stopped and the violation being ordered to be\nremoved\" after the words \"or with both.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "17A",
            "title": "Section 17A",
            "chapter": null,
            "content": "(5) The following new Section 17A and Section 17B shall be added\nAfter Section 17, namely :-\n\"17A - Any Owner who contravenes the provisions of Section 7(2) (i)\nshall be punishable with a fine which may extend to fifty thousand\nrupees.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "17B",
            "title": "Section 17B",
            "chapter": null,
            "content": "\"17B The fine imposed under Section 17A shall be treated and\nrealizable as tax on property.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "7",
            "title": "Section 7. Amendment of Section-32 of the Bihar Act 28, 2006",
            "chapter": null,
            "content": "7. Amendment of Section-32 of the Bihar Act 28, 2006. In Section 32 of the\nsaid Act, the following new clauses (i) and (j) shall be added to Section -32(1)\nrespectively :-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "32",
            "title": "Section 32(1)(i)",
            "chapter": null,
            "content": "\"(i) To impose penalty upon developer, promoter, apartment owner,\nAssociation of Apartment Owners, Managers or Board who in any way\nviolates the approved building plan of the Apartment or any premises\nunder the Bihar Apartment Ownership Act, 2006 and Rules or bye-\nlaws made thereunder.\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "32",
            "title": "Section 32(1)(j)",
            "chapter": null,
            "content": "\"(j) To receive 'Completion Certificate', conduct inspection, order\r\nremedies and modifications and issue \"Occupancy Permission\".\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        }
    ],
    "metadata": {
        "Act ID": "201201",
        "Act Number": "1",
        "Enactment Date": "2012-01-04",
        "Act Year": "2012",
        "Short Title": "Bihar Apartment Ownership (Amendment) Act, 2011",
        "Department": "Law Department, Government of Bihar",
        "Type": "STATE",
        "Location": "Bihar"
    },
    "updated_at": "2026-09-29 21:55:17"
}