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Section 4

UP Apartment (Promotion of construction and maintenance) Rule,-2011State Rules of Uttar Pradesh · 2010

(1) The declaration submitted by a promoter under rule 3 may be amended at any time, by the promoter, If,-

(a) the declaration suffers from any clerical or arithmetical mistake or error arising therein from any accidental slip or omission; or

(b) the amendment is necessitated by reason of any revision in the sanctioned plan of the building; or

(c) the proposed amendment is just and reasonable;

provided that the amendment made by the promoter shall not violate the building bye-laws, sanctioned building plan or the contractual obligation of the promoter.

(2) For making amendment in the declaration referred to in sub-rule (1) the promoter shall move a written application to the Competent Authority with such fees as may be determined by the Competent Authority, specifying therein the circumstances and reasons for amending it and such application shall be supported by an affidavit of the promoter or of a person authorized on his behalf 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 and shall also cause the publication of a public notice in two daily newspapers circulating in that locality.

(4) On receipt of the objections, if any, received within 30 days from the date of publication of notice under sub-rules (3) 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 as expeditiously as possible.

(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 or to the objector as the case may be.

4 Grant of permission for prosecution (sub section-4 of section 25)

Where this provision sits

ActUP Apartment (Promotion of construction and maintenance) Rule,-2011
Section4
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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