Each flat, together with its undivided interest in the common portions and common services, appurtenant to such flat, shall for all purposes constitute heritable and transferable immovable property within the mean ing of any law for the time being in force and accordingly, a flat owner may transfer, subject to the provision of these regulations and any law in force, his flat
CHAPTER V HIRE-PURCHASE TENANCYAND TRAIJSFER OF OWNERSHIP Chandigarh Housing Board (Allotment, Management and 547 Sale ofTenements) Regulations, 1979 amongst members inter se or between any party connected with the property by which the Agency and the constituent mcmbers are concerned in terms of agree ments with the Board, such dispute or difference of opinion shall be decided by the Chairman or by his authorised representative after hearing the parties con cerned and his decision shall be tinal.
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41. COlltrol by tile Board over the affairs oftile Agency. - The Chairman as the registering authority shall have the power t.o :-. .
(i) call for the information f~om the Ma~agtn~Commltte~or any constltuet:t member of the agency In connectIon ~vlth the affairs of the agency,
(ii) regulate the relat!ons betwe.en a constItuent I,!,ember an~ the agency;
(iii) call an extraordrnary meettng of the Managmg Com~lltt~e or of the general body orthe agency if in his opinion such a meeting IS necessary or desirable;
(iv) inspect on a complaint such record and account of the Agency as he may deem fit ; . . ., .
(v) issue any directive for securmg the effiCIent functlOl1Ing ofthe affatr of the Agency which shall be binding on the agency ;and . '
(vi) revoke registration of the Agency for good and suffiCIent reasons to . be recorded in writing. .
(2) Where the registration of an agenc.y has been ~evok~d III pursuance. of sub-regulation (vi) of this regulation, the Chalrmat~ may eIther dlre~t the fm'matIon of a new Registered Agency or take over functIOns of the Regtstered Agency himself. '. . .
. (3)Any dues payable to the Board by the Agency or ItS constItuent members shall be deemed as rent and shall be recoverable by the Board as arrears of land revenue. .
(4) If any dispute or difference of opinion ~riscs between. the PreSIdent of the Managing Committcc or the Managmg Comnllttee and constItuent member of Chandigarh Housing Board (Allotment, Management and Sale ofTenements) Regulations, 1979
38. Time Limit for Execution ofAgree1t!ellt. - The Agency shall with~n such period as may be prescribed by the C1~alrma.n execute the agreement JI1 regard to common portions and common servIces wIth the Board.
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39. Responsibility of registeretl agency abl!ut Services.. - The ~gency and each of its constituent member shall be responsIble for ensunng t~at .-
(a) No damage o. deterioration to the. prop~rty handed over 111 terms of the agreement under these regulatIons, tS c~used ; .
(b) no installation or equipment connected with or provIded as part of water supply, sewerage, storm water, drainage, electricity or other service shall be tampered with; .,
(c) no construction within the property shall be made otherwIse than wIth the prior sanction of the Board; . .
(d) no obstruction to a person duly auth~rtsed.sh~1I be cau~ed s~ as to create difficulties in the discharge of hIS dutIes m connectton WIth the matters arising out of the management of property; and.
(e) no obstruction to common portions shall be caused or mIsuse of the property shall be made such as : . - '.
(i) occupying common passages, ~ta.trcases, approaches and the lIke,
(ii) throwing garbage or refuse wlthm the prectnets of the propelty or outside it;
(iii) Keeping a vehicle so as to obstruct the frcc movement; and
(iv) creating insanitation or nuisance.
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40. Liability of Constituent Member. - TI.le liability .of .each constituent member shall be limited to the liability prescribed III the constItutIOn of the Agency as laid down inthese regulations.
546 - ~,' ;~> fi>i:.-' "i, I, q 548 Ch<inOigarh HousY~g~BOardtAljotrn~nt,; Mah1ige'rneJ[i an SaleofTenemi:mts) Regfilations,119' arid the p~rcent~g~'ofundiVided interestin~:~thec6'mm()rip6rtionshna' common sefVices appli~enant tosuchfl~tby way of sale~ mortgage, I~ase,gift, -exch~nge orin any 'Ot l1er manner whatsoever in the same -mariner, to the sameextehtran subject to the'sainerights, privileges and obligation, liabilities;investigatibhs;~~gal pr()ceedings, remedies and topenalty, forfeiture and punishment as any otnef7,i.m movable propert,Y'or make abequestofthe same under the laws applicable t()~He transfer and succession of immovable property : !~;
, Providedthatthe common portion and cbmmon services shall remain undi vided and no flat owner or any other perSon shall bring any action for-partitiorls;or division ofany part thereof: , ""
Provided further that each flat owner may use common portions and com monservices in a<:;cordance with the purpose forwhich they are intended wit@ut hindering or encroaching upon the lawful rights ,ofthe other flat owners. -';1 ***
48. DeCision ofthe Boardiobe finaL - If in or in connection with,-the exercise of its powers and discharge of its functions by the Board, any dispu~ arises between the Board and the Registered Agency, an allottee or a hirer; the decision ofthe Board on such dispute shall be final. ' -*** "'tt!