Competent Authority and its functions
(1) The State
Government shall, by notification in the Official Gazette, authorize
any officer or authority to perform all or any of the functions of the
Competent Authority under this Act and different officers or
authorities may be authorized for different areas.
(2) The Competent Authority may, on an application made
to it,-
(i) approve the percentage of undivided interest in
the common areas and facilities to which each
apartment owner is entitled under sub-section (3)
of section 4;
(ii) decide under section 7, action for recovery of
sums due for damages or grant injunctive relief,
or both;
(iii) permit, under first proviso to sub-section (1) of
section 12 further time to the promoter to execute
Deed of Apartment;
(iv) receive, under sub-section (2) of section 12, the
certified copies of the Deed of Apartment and all
endorsements;
(v) impose penalty under sub-section (4) of section
12;
(vi) hear and dispose of an application under subsection (5) of section 12;
(vii) record succession to any apartment on the
certified copy of the Deed of the Apartment and
to decide any dispute relating therewith under
sub-section (6) and to send true copies of such
Deed of Apartment to the concerned Registrar
for registration under sub-section (7) of section
12;
(viii) allow, under section 16, further time beyond sixty
days to any Association to repair, reconstruct or
re-build a property which is damaged or
destroyed;
(ix) ensure compliance by promoters, Associations
and apartment owners of the provisions of this
Act and the rules made thereunder by issue of
suitable directions;
70
(x) issue directions to Associations and apartment
owners consistent with the provisions of this Act
and the rules made thereunder;
(xi) resolve any other dispute which may arise under
the provisions of this Act;
(xii) perform any other functions which the State
Government may, by notification in the Official
Gazette, entrust to the Competent Authority from
time to time.
(3) Every application under sub-section (2) shall be made
in such form and manner and shall be accompanied by such fee as
may be prescribed.
(4) Every application received by the Competent Authority
shall, as far as possible, be disposed of by it within a period of one
hundred eighty days from the date of its receipt and if any
application is not disposed of within the aforesaid period, the
Competent Authority shall record reasons therefor.
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