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Section 13: A declaration or an instrument to be submitted before the competent authority and to be dealt with by him

The Himachal Pradesh Apartment Ownership Act,1978State Act of Himachal Pradesh · Act 41 of 1978

(1) Any declaration H.P. APARTMENT OWNERSHIP ACT, 1978 7 referred to in section 2 or any amendment thereto or any instrument referred to in sub-section (3) of section 5, shall, in the first instance, be submitted, in duplicate, within fifteen days from the date of its execution, to the competent authority along with copies of site plans, building plans and relevant title deeds.

(2) On receipt of a declaration or an amendment thereto or an instrument referred to in sub-section (1), the competent authority shall,-

(a) after holding such inquiry, as it may consider necessary for the purpose, examine the declaration, the amendment or the instrument, as the case may be, to ascertain whether-

(i) the property concerned comes within the purview of this Act, and

(ii) the declaration, the amendment or the instrument is in order;

(b) by an order in writing, giving reasons therefor, accept or reject the declaration, the amendment or the instrument; and

(c) in case of acceptance, immediately return the declaration, the amendment or the instrument along with all the enclosures to the owner or owners, as the case may be, for registration, within fifteen days of the date of return.

(3) Any person, being aggrieved by an order of rejection, may, within thirty days from the date of such order or within such further period as the appellate authority may allow on sufficient ground being shown, appeal to the State Government, whose order on the appeal shall be final.

(4) Any order referred to in clause (b) of sub-section (2) or in sub-section (3) shall not be called into question in any court of law.

Where this provision sits

ActThe Himachal Pradesh Apartment Ownership Act,1978
Section13
Marginal noteA declaration or an instrument to be submitted before the competent authority and to be dealt with by him
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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