Section 8 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

(1) Where any land is given on lease or ground rent by
a person includes firm, company, any local body, Trust,
Corporation, Development Authority etc. (hereafter in this section
referred to as the lessor) to another person (hereafter in this section
referred to as the lessee, which term shall include a person in
whose favour a sub-lease of such land has been granted), and any
building that has been constructed on such leasehold land by the
lessee or by any other person authorised by him or claiming
through him, such lessee shall grant in respect of the land as many
sub-leases as there are apartments in such building and shall
execute separate deeds of sub-lease in respect of such land in
favour of each apartment owner before handing over the
possession of apartment in such building to him. The lessor shall
be duty bound to supply the plans and other legal documents to the
lessee,-
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(a) in the case of a building constructed before the
commencement of this Act, within three months from
such commencement; or
(b) in the case of a building constructed after the
commencement of this Act, within three months from
the date on which the possession of any apartment is
such building is delivered to him:
Provided that the sub-lessee shall have the same
rights and liabilities as the lease to the extent of the area
given under sub-lease. That is the lessee has transferred all
his right to the sub-lessee including the right of transfer for
the remaining period of sub-lease and so forth:
Provided further that no sub-lease in respect of any
land shall be granted except on the same terms and
conditions on which the lease in respect of the land has
been granted by the lessor and no additional terms and
conditions shall be imposed by the lessee except with the
previous approval of the lessor.
(2) Where the lessee has any reason to suspect that there
has been any breach of the terms and conditions of the sub-lease
referred to in sub-section (1), he may himself inspect the land on
which the building containing the concerned apartment has been
constructed, or may authorize one or more persons to inspect such
land and make a report as to whether there had been any breach of
the terms and conditions of any sub-lease in respect of such land
and, if so, the nature and extent of such breach, and for this
purpose, it shall be lawful for the lessee or any person authorised
by him to enter in to, and to be in, the lane in relation to which
such breach has been or is suspected to have been committed.
(3) Where the lessee or any person authorized by him
makes an inspection of the land referred to in sub-section (1), he
shall record in writing his findings on such inspection [a true copy
of which shall be furnished to the apartment owner by whom such
breach of the terms and conditions of sub-lease in respect of the
land appurtenant to the apartment owned by him has been
committed (hereinafter referred to as the defaulting apartment
owner)] and where such findings indicate that there had been any
breach of the terms and conditions of the sub-lease in respect of
such land, the lessee may, by a notice in writing, require the
defaulting apartment owner to refrain from committing any breach
of the terms and conditions of the sub-lease in respect of such land,
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or to pay in lieu thereof such composition fees as may be specified
in the notice in accordance with such scales of composition fees as
may be prescribed.
(4) The defaulting apartment owner who is aggrieved by
any notice served on him by the lessee under sub-section (3) may
within thirty days from the date of service of such notice, prefer an
appeal to the Competent Authority either challenging the finding
of the lessee or any person authorized by him or disputing the
amount of composition fees as specified in the notice, and the
Competent Authority may, after giving the parties a reasonable
opportunity of being heard, confirm, alter or reverse those finding
or may confirm, reduce or increase the amount of composition fees
or set aside the notice.
(5) Where, on the breach of any terms and conditions of
any sub-lease in respect of any land, any composition fees become
payable, the defaulting apartment owners shall be deemed to have
been guilty of such breach and in default of payment thereof it
shall be lawful for the lessee to recover the amount of the
composition fees from the defaulting apartment owner as an arrear
of land revenue.
(6) Where any composition fees are paid whether in
pursuance of the notice served under sub-section (3) or in
accordance with the decision of the Competent Authority or
Appellate Authority on appeal, no further action shall be taken by
the lessee for the breach of the terms and conditions of the sublease in respect of the land in relation to which payment of such
composition fees has been made.
(7) Where any lessee omits or fails to take any action either
in accordance with the provisions of sub-section (2) or sub-section
(3) the lessor may, in the first instance, require the lessee by a notice in writing to take action against the defaulting apartment
owner under sub-section (2) or, as the case may be, under subsection (3) within a period of ninety days from the date of service
of such notice, and in the event of the omission or failure of the
lessee to do so within such period, the lessor may himself take
action as contained in sub-section (2) or sub-section (3) and the
provisions of sub-section (4) to sub-section (6) shall, as far as may
be, apply to any action taken by him as if such action has been
taken by the lessee.
(8) For the removal of doubts, it is hereby declared that no
work in any apartment by the owner thereof shall be deemed to be a breach of the terms of the sub-lease in respect of the land on
which the building containing such apartment has been constructed unless the work is prohibited by section 9.