Rajasthan Apartment Ownership Act
Rajasthan Apartment Ownership Act
Rajasthan Apartment Ownership Act
1. Short title and commencement.- (1) These rules may be called the
Rajasthan Apartment Ownership Rules, 2020.
(2) They shall come into force from the date of their publication in the Official
Gazette.
(a) "Act" means the Rajasthan Apartment Ownership Act, 2015 (Act No. 12 of
2019);
(c) "Built Up Area" means the inner measurements of the apartment at the
floor level, including projections and balconies, as increased by the
thickness of the walls, but does not include the common areas shared
with other apartments, including any open terrace so shared;
(2) Words and expressions used in these rules but not defined shall have the same
meaning as assigned to them in the Act.
(2) For making amendment in the declaration referred to in sub-rule (1), the promoter
shall make a written application to the Competent Authority with such fees as may be
specified by the State Government, from time to time, specifying therein the
circumstances and reasons for amendment and such application shall be supported by
an affidavit of the promoter or 'If a person authorised by him along with the necessary
documents.
(3) The Competent Authority, on receipt of the application under sub-rule (2) shall
issue a written notice to the association of the apartment owners of the building, if
such a association has been duly formed and shall also cause the publication of a
public notice in two daily newspapers circulating in that locality inviting objection.
(4) Association of the apartment owners or any person may file objections within
three months from [he date of publication of notice in newspaper. On receipt of the
objections, if any, the Competent Authority shall, after giving an opportunity of being
heard to the objector, association of apartment owners and promoter, pass such order
thereon as it deems fit.
(5) A true copy of the order passed under sub-rule (4) shall be sent by the Competent
Authority to the promoter, association of the apartment owners and objector.
(i) Name of the allottee or transferee with their father's/ husband's name,
age, caste, permanent and temporary address, along with the
description availabie for their identification;
(ii) Complete description of the land on which building and other the
common areas, other community and commercial facilities and other
facilities, as the case may be, are located and nature of the lam; about
free-hold or lease-hold, and if lease-hold, the period of such lease
remained with their conditions, details of sub-lease of the with
remained period with their conditions and intimation about
Composition fees;
(iii) A copy of the floor plan of the building, showing their layout plan,
location and number of apartments, as approved by the local authority;
(vi) Description of the common areas and facilities and the percentage of
undivided interest appertaining to the apartment in the common areas
and facilities;
(vii) Description of the limited common areas and facilities, if any, stating
to which apartments their use is reserved;
(viii) Description about the apartment or their part, as the case may be,
about their independent use as residence or office or any
profession, or occupation, trade or business or such other type and
with details of their direct exit to a public street, road or highway, or
to a common area leading to such street, purpose of any vehicle. In
case of non-residential use of the apartment of a building the
percentage of non-residential use of such apartment;
(xi) Name of the person to receive service of process, together with the
particulars of the residence or place of business of such person;
(xii) Delivery receipt of the certified copy of the deed of transfer of the
apartment by the allottee or transferee with endorsement of his name
on such deed of transfer;
(2) The deed of transfer of apartment and their respective applications shall be kept in
the bounded Book and volumes with proper classification and Index according to their
convenience. A separate register having brief details of them shall also be kept and
maintained by the Competent Authority in the From-C.
(2) The Competent Authority shall have powers for issuing commissions for the
examination of witness, appointment of commissioner for site inspection and any
other matters incidental thereto for the purpose of reaching justified and correct
conclusion in the matter pending before him.
10. Appeal against the orders of the Competent Authority.- Appeal under
section 26 of the Act against the orders of the Competent Authority may be filed in
Form-E along with fees as may be specified by the State Government, from time to
time.
(2) The bye-laws of the association of the apartment owners may be amended with the
prior approval of the Competent Authority. The Competent Authority may, with
keeping in view of more beneficial enjoyment of the properties by the apartment
owners regarding common area and facility and their democratic functioning, after
inviting objections from the persons likely affected thereby, allow such amendments
as an exceptional case after recording reasons to do so.
(3) The existing bye-laws of the associations of apartment owners which has been
duly registered under the provisions of the Rajasthan Societies Registration Act, 1958
(Act No. 28 of 1958) before commencement of these rules shall be continue for a
period of six month from the date of commencement of these rules and such
associations of the apartment owners or resident welfare association or in any other
name what so ever, shall amend the bye-laws as per the provision of the Au. and rules
made theirunder, otherwise the Model bye-Jaws made by the State Government shall
be applicable on such association.
Form-A
(see rule 3)
FORM OF DECLARATION
Date:
Place:
Promoter Details:
1. Name:
2. Registered Address:
3. Local! Postal Address:
4. Date of Incorporation (if applicable):
5. Name/designation of Authorised Signatory:
(1) The Promoter owns /holds the land as lessee which is fully described and detailed
in Annexure A to this declaration.
(2) The Promoter has constructed on the parcel of land, described in Annexure A to
this declaration, an Apartment Building/Group Housing scheme, detailed below:-
I
3. Date of sanction
4.
f---
Municipal No.1 House No. of the property
5. Municipal Ward of the property
6. Postal address of the property
7. Name of Architect! Structural
Engineer
I--If---------ill-
i 8. I Height of the building .
9. Scheme whether residential or
commercial (mixed used)
(3) That the said property consists of the apartments detailed in Annexure-B to this
declaration. The various apartments of the scheme are capable of individual utilization
on account of having their own exit to common areas and facilities of the
building/property scheme and the apartment will be sold to one or more persons, each
person obtaining a particular and exclusive property riohts thereto and each apartment
constituting a heritable and transferable immovable property within the meaning of
any law for the time being in force in the State, hereinafter referred to as tne
Apartment', and also an undivided interest in the general and/or limited common
areas and facilities of the building/property scheme, as listed in this declaration deed,
necessary for their adequate use and enjoyment, and referred to as,-
(4) That the aforesaid building has a total floor area of square meters on all
floors, of which square meters will constitute the apartments and remaining
00 00 •••••••
00 00 oosquare meters will constitute the 'common areas and facilities' and ....
00 00.00
square meters constitute 'limited common areas and facilities', which have been
detailed in Annexure-C hereto.
3. Independent areas
(6) That the right, title and interest of each apartment owner and his proportionate
share in the profits and common expenses for the common areas and facilities, as well
as the proportionate representation for voting purpose in the m=-ting of the
association of apartment owners of the Condominium
is based on the proportionate value of each apartment to the total value of all
apartments.
(8) That for the purpose of stamp duty and registration fees payable on the deed of
transfer of apartment, we value of the,-
(a) land of each apartment would be computed on the basis of the percentage of
the undivided share so that the aggregate of the land component of all of the
apartments of the building is equivalent to the total value of the land of the
building;
(b )the consti uction of each apat tment would be also computed on the basis of the
percentage of the undivided share as it bears to the total covered area.
(9) That the common areas and facilities as well as the limited common areas and
facilities shall remain undivided and no apartment owner shall bring any action for
their partition or division thereof.
(10) That the percentage of the undivided interest in the common areas and facilities
as well as the limited common areas and facilities established herein shall not be
changed except with the unanimous consent of all the apartment owners and approval
of the Competent Authority.
(11) That the undivided interest in the 'common areas and facilities as well as the
'limited common areas and facilities shall not be separated from the apartment to
which they pertain and shall be deemed conveyed or encumbered with the unit even
though such interest is not expressly mentioned or described in the conveyance or
other instrument.
(12) That neither the dedication of the property to the plan of apartment ownership
herein shall not be revoked, nor the property removed from plan of apartment
ownership, or any of the provisions herein amended unless all the apartment owners
and the mortgagees of all the mortgages covering the units unanimously agree to such
revocation, or amendment or removal of the property from the plan by only registered
instruments;
(13) That if the property, subject to the plan of Apartment Ownership is totally or
substantially damaged or destroyed, the repair, reconstruction, or disposition of the
property shall be as per law.
(14) That where an apartment is sold pursuant to the recovery of the mortgage
money, then neither the mortgagee nor the purchaser who derives title to be apartment
.at such sale or his successors or assigns v}1Jl1 be liable for assessments by the
association which became due prior to the acquisition of the title by such acquirer but
the association of apartment owners would be entitled to recover the amount
subsequent to the date of acquisition of title by such acquirer.
(15) That the independent areas, declared herein in the Annexure-F are not included
as common areas for the joint use of the apartment and the promoter would be at
liberty to sell them or to construct thereupon without interference of other apartment
owners.
(16) That the promoter shall maintain the common areas and facilities til! the
asscciat: or; :s formed and shall be entitled to collect the maintenance charges
Rs. per month from the owners of each apartment.
Annexure-A
(Details of the land of the building to which the present declaration Relates)
S.No. Items
1. Location of the land of the Revenue village Specify
building
I Tehsil Specify
District Specify
South Specify
I East Specify
I -+- West Specify
~
~
6. Land whether freehold or Specify
leasehold
Annexure-B
(Details of Apartments)
Note:
1. Details of column 4 to 8 for all the Apartments as mentioned in the of column No.
(3) shall be mentioned.
2. The percentage of undivided share in the land is calculated on the basis of the
covered area of the apartment in relation to the total covered area of the apartments,
being the aggregate of column No. (4).
Annexure-C
Details of covered area of apartments and total covered area of common areas and
facilities /Iimitc:' corn:.nen area, and facilities
S.No. Particulars
(1) (2) (3) (4) (')
,.J (6)
(a) Total covered area of Specify
apartments at various x x x
floors
(b) (i) Total covered area of I specify
common areas & x x x I
facilitates.
(ii) Total covered area of specify
I limited common area x x x
I & facilities. --
(c) Total covered area of I s:-,ecify
I
the buiiding (Total x x x
I
of (a) +(bl,2) +(c)
J
I
Sum up
I I I
Annexure 0
Details of the common area and facili lies of the building to
which the present declaration relates
Part A
Annexure-E
Details of the limited common area and facilities of the building to
which the present declaration relates
Date:
Note: The term limited common areas and facilities means those common areas and
facilities which are designated in writing by the promoter before the
allotment, sale or transfer of any apartment as reserved for the use of certain
apartment or apartments to the exclusion of the other apartments.
Annexure-F
Details of the independent areas of the building to which the present declaration relates
c
J. Terrace attached to an apartment. Specify its area, location & No.
-
6. Covered garage/store Specify its area, location & No.
I
7
I. Any other I Specify it<:area, location & No.
I- I
Note: Independent area which means the areas which have been declared but not
included as common areas for joint use of apartments and may be sold by the
promoter without the interference of other apartment owners.
Annexure -G
[Specifications uf Construction]
r. Foundation:
2. Flooring:
3. Doors and Hardware:
4. Windows:
5. Internal Finish:
6. External Finish:
7. Sanitary ware and fittings:
8. Electrical:
9 Plumbing and water Line:
To
The Competent Authority
............. , Jaipur, Rajasthan
Sir,
I1We hereby apply for the making necessary entry in register of maintained for
registration of deed of transfer to the allottee or transferee my/our project situated at
____ Tehsil District State Rajasthan
10. I1We solemnly affirm and declare that the particulars given in herein are correct to
my lour knowledge and belief.
Yours faithfully,
Signature a.u.J eal uf lite
applicant( s)
Place:
Date:
Form-C
(see rule 8)
Register of deed of transfer of
---
S.No Project Transferor] Situated Block/ Floor Apartment details of I Name I Detai Is of
name I at Building No. registration of allottee! Bounded Book &
No of deed i Transferee Voliame
Form-D
(see rule 9)
Application to the Competent Authority
To
The Competent Authority
Application No .
1. Name, Father's: .
name Age and
Address of the
Applicant
Versus
2. Name, Father's: .
name, Age and
Address of the
Non-Applicant
3. Complete: .
Address and
description of the
premises of the
Application with
Apartment
number,
Block/Building
numberlfloor
4. Status of the: .
Applicant
5. Details of the: .
fee annexed
6 Issue involved: . .
about number of
apartments
7.(a) Date of: .
order under
challenge:
(b) With in
Limitation or not
(c) Application
with delay
condensation or
not
Place
date
Deponent
( )
Form- E
(see rule 10)
Appeal against the orders of the Competent Authority
Appeal No .
1. Name,
Father's name
Age and
Address of the
Applicant
Versus
2. Name;
Father's name,
Age and
Address of the
Non-Applicant
3. Complete
Address and
description of
the premises of
the Application
with Apartment
number,
Block/Building
number/ floor
4. Status of the
Applicant
5. Details of
the fee annexed
6. Issue
involved about
number of
apartments
7.(a) Dale of
order under
challenge:
(b) With in
Limitation or nc
( c) Application
with delay
condensation or
not
..
8. Materials : (i)
facts
(ii)
9. Grounds of : (a)
petition
(b)
(PW-
2) , .
(PW-
3) .
11. Interim
relief, if any,
prayed for
12. Final relief
prayed for
l3.
Yerification
Place
date
Deponent
( )
e Governor,
(Ma
Joint Secretar)\
Q~~r
M. N:i"eGovernment.