The Assam Apartments (Construction and Transfer of Ownership) Act, 2006

Registered No. 768/97
THE ASSAM GAZETTE
EXTRAORDINARY
PUBLISHED BY THE AUTHORITY
315 f w p , CTTW 3, 8 ’ -sretPR, 2007, 16 ^ll^T, 1929 (*Rs)
No. 315 Dispur, Monday, 8th October, 2007, 16th Asvina, 1929 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH
NOTIFICATION
The Sth October, 2007
No. LGL. 194/2005/36. -T h e  followingAct of the Assam Legislative Assembly which 
received the assent of the President is hereby published for general information.

THE ASSAM GAZETTE. EXTRAORDINARY, OCTOBER 8, 2007
ASSAM ACT NO. XXI OF 2007
(Received the assent of the President on 24th September, 2007)
THE ASSAM APARTMENTS (CONSTRUCTION AND TRANSFER OF  
OWNERSHIP) ACT, 2006
AN
ACT
to provide for the construction and transfer of apartment and to provide for ownership 
right for an individual apartment to the purchaser/lease holder and make such right as heritable 
and transferable.
Preamble Whereas it is expedient to provide for the regulation of the 
haphazard and unplanned construction of apartment/ buildings in the 
areas covered by Guwahati Metropolitan Development area and all urban 
areas of Assam, to specify modalities of transfer of such apartment 
buildings and for the matters connected therewith and incidental thereto 
and to regulate the promotion of construction and sale of apartments in 
multistoried buildings on ownership basis and to provide for transferability 
and heritability by the individual purchaser not only for particular 
apartment but also the fractional interest to it on the common area and 
facilities.
It is hereby enacted in the Fifty-seventh Year of the Republic of 
India as follows
Short title, extent 
and commence­
ment
1. (1) This Act may be called as Assam Apartments (Construction 
and Transfer of Ownership) Act,2006.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State
Government may, by notification in the Official Gazette, 
appoint, in respect of the areas, cities and towns as may be 
specified in such notifications ;
Provided that different dates may be appointed for 
different areas, cities and towns or group of areas or cities or 
towns as the Government may deem fit and proper.
Application of
the Act.
2. (1) This Act shall apply to every apartment and / or building defined
as such under section 3 of this A ct;
Provided that sole owner or all the owners of every such 
building shall submit the same to the provisions of this Act by 
duly executing and registering a declaration setting out the 
particulars referred to in section 12.
(2) This Act shall also apply to all the promoters/ builders/ land 
owners/ purchasers and construction of all apartment buildings 
undertaken by such promoters /builders/ land owners/ 
purchasers who are required to execute and submit declaration 
before the Competent Authority in such manner as may be 
prescribed that he intends to submit the property wherein the 
apartment is or to be located, to the provisions of this Act.
 
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
Definitions
2107
3. In this Act unless the context otherwise requires, -
(a) "apartment" means part of a property intended for any type of
independent use, including one or more rooms or enclosed 
spaces located on one more floor or part or parts thereof in a 
building intended to be used for residential, commercial or 
business or such other type of independent use as may be 
prescribed and with a direct exit to a public street, road, or 
highway or to a common area leading to such street, road, or 
highway;
(b) "Association of Apartment Owner" or "Society of Apartment
Owner" means the Association formed in accordance with the 
provisions made in the bye-laws ;
(c) "building" means any construction for whatsoever purpose and of 
whatsoever materials and every part thereof, whether used as 
human habitation or not and includes plinth walls, chimney, 
drainage work, fixed platforms, verandah, balcony, cornice or 
projection or anything affixed thereto or any walls, earth bank, 
fence or other construction enclosing or delimiting or intended to 
enclose or delimit any land or space;
(d) "Common areas and facilities” includes,
(1) the land on which the building is located and all 
assessments along with free spaces,
(2) the foundations, columns, girders, beams, supports, main 
walls, roofs, halls, corridors, lobbies, stairs, stairways, fire 
escapes and entrances and exits at the building,
(3) the basements, cellars, yards, guard wall, gardens, 
parking areas, shopping centres, schools, garages, 
storages spaces, common hall and common room,
(4) the premises for lodging of janitors or person employed for 
the management of property,
(5) installations of common services, such as power, light, 
gas, hot and cold water, heating and refrigerating and air 
conditioning if centrally designed, sewerage etc.,
(6) the elevators, tanks, pumps, motors, fans, compressor, 
pipes and ducts and in general all installations existing for 
common use,
(7) such other common facilities as may be specially provided 
for in the declaration,
(8) all other parts of the property necessary or convenient to 
its existence, maintenance and safety, or normally in 
common use ;
(e) "common expenses” means expenses of administration, 
maintenance, repair or replacement of the common area and 
facilities and all other sums assessed against the apartment 
owners by the Association of Apartment Owners ;
(f) ‘common profits’ means the balance of all income, rents, profits 
and revenues from the common area and facilities remaining after 
the deduction of common expenses ;
(g) “Competent Authority” means the Guwahati Municipal Corporation 
and Guwahati Metropolitan Development Authority respectively 
and in respect of other towns and areas, such officer or Authority 
as may be notified by the Government from time to time ;
(h) “declaration" means the instrument by which property is submitted

2108 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
Ownership 
of apartments.
to the provisions of this Act, as hereinafter provided ;
(1 ) "Government” means the Government of Assam ;
(j) "limited Common area and facilities” means those common area 
and facilities may be duly noted in the declaration as reserved for 
use of certain apartment or apartments to the exclusion of other 
apartments ;
(k) "owner” in relation to any property or part thereof or apartment 
includes -
(i) any person owning such property or part thereof or an 
apartment, or
(ii) any person deemed to be owning such property or apartment, 
or
(ili) any promoter, or
(iv)a lessee of such property or part thereof or apartment, where 
the lease is for a period of thirty years or more :
Provided that any person who has executed an agreement 
for purchase or for taking lease for a period of thirty years or more, of any 
property or part thereof or apartment and has paid the consideration or 
part thereof, shall be deemed to be owning such property or part thereof 
or apartment, even though the document for purchase or lease of such 
property or part thereof or apartment has not been registered :
Provided further that where a society, company or other 
association of individuals is the owner of the property, the Manager, 
Director, President, Secretary or other officers of the society, company or 
other association of individuals shall be deemed to be the owner of such 
property within the meaning of the provisions of this A ct;
(l) “property” comprises the land, the building and the common areas
and facilities ;
(m) “ promoter” or “ builder” means a person who has already 
constructed or intends to construct apartments for the purpose of 
transfer of such apartments building by a sale, lease or 
otherwise to any other persons, Government and Undertakings 
and includes his successor or assign ;
(n) “person” includes a company, firm, a joint family, other 
association of persons and group housing co-operative society 
as the case may be ;
(o) “prescribed" means prescribed by rules made under this Act.
4. (1) Every person to whom an apartment is sold or leased by the 
promoter on or after the commencement of this Act, shall, subject 
to the provisions of this Act, be entitled to the exclusive ownership 
and possession of the apartment so sold or leased to him.
(2) Every person to whom any apartment was sold or leased by the 
promoter before the commencement of this Act, shall, subject to 
the provisions of this Act, be entitled on and from such 
commencement to the exclusive ownership and possession of 
such apartment so sold or leased to him.
(3) Every person who becomes entitled to the exclusive ownership 
and possession of an apartment under sub-section (1) or sub­
section (2) shall be Entitled to such percentage of undivided 
interest in the comndon areas and facilities as may be specified in 
the declaration and such percentage shall be computed by taking, 
as a basis, the value of the Apartment in relation to the value of the 
property.

THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2109
An apartment to 
be transferable 
and heritable 
property
5. (1) An apartment together with its undivided interest on the common 
area and facilities, shall constitute heritable and transferable 
immovable property within the meaning of the relevant law for 
the time being in force.
Provided that no apartment and the percentage of 
undivided interest in the common area and facilities of apartment 
shall be partitioned or sub-divided for any purpose whatsoever 
unless the property is withdrawn from the provisions of this Act 
under section 14.
(2) Notwithstanding anything contained in the Transfer of Property 
Act, 1882, or in any other law for the time being in force, but 
subject to the provisions of section 14 of this Act, any person 
shall be the owner of the apartment, by, -
(a) purchase through a registered sale deed duly registered 
under section 17 of Registration Act, 1908.
(b) taking lease for a period of not less than thirty years or more 
of an apartment comprised in a property, by a registered 
deed of lease registered under Section 17 of the 
Registration Act, 1908.
(3) To effect sale or purchase or lease for more than one year of the 
said apartment, the Competent Authority shall determine and 
fix the proper market value of the apartments for sale or 
purchase and the annual rent for the purpose of transfer of the 
apartment on lease to the intending buyers or lease holders as 
the case may be, so that during transaction none of the parties 
i.e. the seller or the buyer or the lease holder as the case may 
be, could conceal proper valuation of the apartment to evade 
due payment of stamp duty and registration fee.
Central
Act, 4 of
1862
Central
Act, 16 
of 1908.
Central
Act, 16 
of 1908.
Benamidar of an 
apartment to be 
deemed to be 
the real owner 
thereof
Common areas 
and facilities.
(4) An instrument of sale or purchase or lease shall be registered in 
such manner and within such period as may be prescribed, 
undertaking to comply strictly with the bye-laws and with 
covenants, conditions and restriction set forth in the 
declaration.
6. Where an apartment is transferred to one person for a consideration 
paid or provided by any other person for his own benefit, the transferee 
shall not withstanding anything in the Transfer of Property Act, 1882 or 
in any other law for the time being in force, be deemed to be the real 
owner of such apartment, and no court shall entertain any claim of the 
person, paying or providing the consideration, for title in such 
apartment on the ground that he did not intend to pay or provide such 
consideration for the benefit of the transferee and that the transferee is 
benamidar, or on any other ground.
7. (1) Each apartment owner shall be entitled to an undivided interest in
the common areas and facilities in the percentage expressed in 
the declaration, Such percentage shall be computed by taking, 
as basis, the value of the apartment in relation to the value of the 
property, and such percentage shall reflect the limited common 
area and facilities.
Central
Act 4 of 
1882

x -2110 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
Compliance with 
bye-laws, 
covenants etc.
■  ■
(2) The percentage of the undivided interest of each apartment owner
in the common areas and facilities as expressed in the 
declaration shall not be altered without the consent of all the 
apartment owners expressed in an amended declaration duly 
executed and registered as provided in this Act. The percentage 
of individual interest in the common areas and facilities shall not 
be separated from the apartment to which it appertains and shall 
be deemed to be conveyed or encumbered with the apartment 
even though such interest is not expressly mentioned in the 
conveyance or other instrument.
(3) The common areas and facilities shall remain undivided and no
apartment owner or any other person shall bring any action for 
partition or division of any part thereof, unless the property has 
been withdrawn from the provisions of this Act under section 14.
(4) Each apartment owner shall use the common areas and facilities
for the purpose for which they are intended without effecting or 
encroaching upon the lawful rights of other apartment owners.
(5) The works relating to the maintenance, repair and replacement of
the common areas and facilities and the making of any additions 
or improvement thereto shall be carried out in accordance with 
the provisions of this Act and the Bye-Laws made there under 
and other building bye-laws in force for according building 
construction permission.
(6) The Association of Apartment Owners or the Society of Apartment
Owners shall have irrevocable right to be exercised by the 
Secretary 1 President of the society on behalf of the association 
or society as the case may be, considers necessary to have 
access to each apartment from time to time during reasonable 
hours, as may be necessary for the maintenance, repair and 
replacement of any of the common areas and facilities therein or 
accessible there from or for making emergency repairs therein to 
prevent any damage to the common areas and facilities or to 
other apartments.
8. Each apartment owner shall comply strictly with the bye-laws, 
covenants, conditions and restrictions set forth in the declaration. 
Failure to comply with any of the same shall be a ground for an action 
to recover damages or for other relief at the instance of the President 
and Secretary on behalf of the Association or Society of Apartment 
Owners or in a proper case by an aggrieved apartment owner.
Certain work 
prohibited
9. No apartment owner shall do any work which would be prejudicial to 
the soundness or safety of the property or would reduce the value 
thereof or impair any easement or hereditament or shall add any 
materials structure or excavate an additional leasement or cellar 
without first obtaining the consent, in writing of all the other apartment 
owners.
Encumbrances 
against 
apartments
10. During the period the property remains subject to this Act, no 
encumbrance of any nature shall be created against the property. 
During such period an encumbrance may, however, be created only 
against each apartment and the percentage of undivided interest 
from the common areas and facilities of the apartment, in the same 
manner as in relation to any other separate part of the property 
subject to individual ownership.

THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
Common profit 
and expenses
Contents of 
declaration
A declaration or 
an instrument to 
be submitted 
before the 
competent 
Authority and to 
be dealt with by 
him.
2111
11. Common profits of the property shall be distributed among and the 
common expenses shall be charged to the apartment owners 
according to the percentages of the undivided interest in the 
common areas and facilities.
12. (1) The declaration referred to in section 2 shall be submitted in such
form and in such manner, as may be prescribed, before the 
Competent Authority and shall contain the following 
particulars, namely
(a) Description of the property ;
(b) Nature of Interest of the owner or owners in the property ;
(c) Existing encumbrance if any, affecting the property;
(d) Description of each apartment containing its location, actual 
built up area, numbers of rooms, immediate common area to 
which it has access and any other data necessary for its 
proper identification;
(e) Description of common areas and facilities;
(f) Description of the limited common areas and facilities, if any, 
stating to which apartment their use is reserved ;
(g) Value of the property and each apartment and the percentage 
of undivided interest of the common areas and facilities 
appertaining to each apartment and its owner;
(h) Such other particulars as may be prescribed.
(2) The declaration referred to in sub-section (1) may be amended under 
such circumstances and in such manner as may be prescribed ;
13. (1) Any declaration referred to in section 2 or any amendment thereto 
as any instrument referred to in sub-section (4) of section 5 
shall, in the first instance be submitted, in duplicate, within 
fourteen 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 the sub-section (1), the Competent 
Authority shall, -
(a) after holding such inquiry, if any as it may consider 
necessary for the purpose, examine the declaration, the 
amendment or the instrument, as the case may be, to be 
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 therefore, 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 from the date of return.
(d) In case of rejection, forthwith communicate the order of 
rejection to the owner or owners.

2112 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
Withdrawal from 
provisions of the 
Act
(3) Any person, being aggrieved by an order of rejection under sub­
section (2), may within thirty days from the date of such order 
appeal before the State Government, whose order on appeal 
shall be final;
Provided that the appellate authority may allow, on 
sufficient grounds being shown in this behalf, to file an appeal 
after a period of thirty days, if it is satisfied that the delay was 
caused due to a situation which was beyond the control of the 
aggrieved person.
(4) Any order referred to in clause (b) of sub-section (2) or in sub­
section (3) shall not be called in question in any court of law.
14. (1) All the apartment owners in respect of a building, may withdraw a 
property from the provisions of this Act at a time by an 
instrument executed to the effect, upon which the property 
shall be deemed to be the owner in common by the apartment 
owners and the share of each such owner in the property shall 
be the percentage of undivided interest previously owned by „ 
such owner in the common area and facilities.
(2) Any encumbrance affecting any of the apartments shall be 
deemed to be transferred in accordance with the existing 
property to the percentage of the undivided interest of the 
apartment owner in the property as provided in this Act.
Withdrawal is no 
bar for re­
submission of 
property to the 
Act.
15. The withdrawal of the property from the provisions of this Act under 
sub-section (1) of section 14 shall in no way be a bar for subsequent 
re-submission of the property to the provisions of this Act.
Instruments of 
declaration etc.
compulsory 
registerable
Bye-Laws
16. All instruments relating to the declaration or any amendment thereto
referred to in sub-section (2) Of section 12 or the withdrawal of a 
property from the provisions of this Act as referred to in sub-section 
(4) of section 5 shall be deemed to be instruments compulsorily 
registerable within the meaning of clause (b) of sub-section (1) of 
section 17 of the Registration Act, 1908.
17. (1) Every property shall be administered in accordance with such
bye-laws as may be framed by the Competent Authority with 
the prior approval of the State Government.
(2) The bye-laws shall provide for the following amongst other 
matters, namely -
(a) the manner in which the Association of Apartment Owners is 
to be formed, the election of member of Board or society 
from among the apartment owners, the number of persons 
constituting the Board, the number of members of such 
Board or society to retire annually, the powers and duties of 
the Board or society, the honorarium, if any, of the members 
of the Board or Society, the method of removal from office of 
the members of the Board or Society, the power of the 
Board or Society to engage the services of a Secretary or 
Manager, delegation of power and duties to such Secretary 
or Manager,
(b) method of calling meeting of the apartment owners and the 
number to constitute a quorum,
Central 
Act No.
16 of
1908.

THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2113
(c) election of a President who shall preside over the meetings 
of the Board or Society and of the Association of Apartment 
Owners,
(d) Maintenance, repair and replacement of the common areas 
and facilities and payments thereof;.
(e) manner of collecting share of the common expenses from the
apartment owners;
(f) any other matter considered to be necessary for the 
administration of the property ;
Separate 
assessment
18. Notwithstanding anything to the contrary in any other law for the time 
being in force, each apartment or a property, Including its percentage 
of undivided interest in the common areas and facilities thereof, the 
owner of which does not own any other apartment in such property, 
shall be deemed to be a separate unit for the purpose of assessment 
of municipal rates and taxes.
Charges for 
common 
expenses of the 
property 
Liability for 
unpaid common 
expenses
19. All sums assessed by the Association of Apartment Owners for the
common expenses charge-able to any apartment shall constitute a 
charge on such apartment prior to all other charges, except charge, 
if any on the apartment as payment of municipal rates and taxes.
20. Upon the sale of an apartment, the purchaser of the apartment shall
be jointly and severally liable with the vendor for all unpaid 
assessments against the latter for his share of the common 
expenses up to the time of the sale.
Removal of 
doubts
21. For removal of doubts, it is hereby declared that the provisions of 
Transfer of Property Act, 1882, shall, in so far as they are not 
inconsistent with the provisions of this Act, apply to every apartment 
together with its undivided interest in the common areas and facilities 
as these provisions apply in relation to any other immovable property 
and the provision of the Act shall have effect Notwithstanding 
anything to the contrary contained in any other law.
Central 
Act No.
4 of
1882
Act to apply to 
housing Board 
and Housefed
22. The provisions of the Act shall also apply to the apartment being 
constructed by Assam State Housing Board, Housefed and any 
other Government or Semi Government Department and 
organizations.
General
Liabilities of 
promoters
23. All the promoters or builders who intend to construct an apartment 
building shall submit before a Competent Authority details about 
themselves and about building to be undertaken by them in following 
manner. The Competent Authority shall display the same on notice 
board for the benefit of intending buyers of apartment. The 
Competent Authority after satisfying itself with the contents of said 
disclosures may allow the promoter to go ahead with the 
construction
(a) Make full and true disclosure in writing of the nature of his 
interest in the land and on the building, if any, in which the 
apartments are to be constructed, and plan and specifications 
approved by the Local Authority as the case may be, or by the 
Urban Development Authority of the entire building of which the 
apartment forms a part;
(b) Make full and true disclosure in writing of all encumbrances, if 
any affecting such land or building ;
(c) Disclosure and allow inspection of plans and the specification of

2114 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
Agreement 
before accepting 
advance 
payment
No additions or 
alterations after 
disclosure of 
plans etc.
the entire building of which the proposed apartments form part 
and furnish copies thereof.
(d) Disclosure in writing the particulars in respect of the materials, 
which have been or are proposed to be used in the construction 
of the building together with the details of all agreements entered 
into by him with the architects and contractors.
(e) Specifying in writing the date by which possession of the 
apartment is to be handed over to such transferee.
(f) Supplying in writing a list of all apartment which have already 
been taken or agreed to be taken together with their distinctive 
numbers, names and address of the transferee either actual or 
intended, the prices paid or charges by or upon the area and any 
other particulars or may be prescribed.
(g) Make a full and true disclosure in writing of all outgoings including 
ground rent, if any, municipal or other local taxes, taxes on 
income, water charges and electricity charges, revehue 
assessment, interest on any mortgage or other encumbrance, if 
any, in relation to the land, building and the apartments.
(h) Make a full and true disclosure in writing of such other 
information and documents including true copies of such 
documents as may be prescribed.
(i) Deposit Earnest money @ Rs.0.5% of the apartment building, 
construction cost (excluding land cost) in the form of bank 
guarantee, fixed deposit at Nationalize Bank as the case may 
be, with the Competent Authority of which 0.5% shall be 
returned after the ,year from the date of completion of the 
building, subject to conditions that no complaints regarding 
construction defects is received within one year. The defects if 
any shall be rectified by the promoters or builders at his own 
cost. If defects are not rectified by the promoters immediately, 
the same shall be rectified by the buyers by utilizing the earnest 
money. In such event the earnest money shall be forfeited.
24. (1) Not withstanding anything contained in any other law for the time 
being in force, a promoter or a builder who intends to transfer 
any apartment shall before accepting any changes from an 
intending transferee as advance payment or deposit, enter into a 
written agreement for sale with such transferee which shall be 
registered.under clause (b) of sub-section(l) of section 17 of the 
Registration Act, 1908.
(2) On completion of the apartment building the prorrfcter or builder of 
apartment shall execute a registered deed of sale in favour of 
transferee as per provision of Registration Act, 1908. The 
execution and registration of the sale deed to be completed in 
such a manner and within a period as may be prescribed, from 
the date of handing over possession of the apartment to the 
transferee and full sum of consideration amount is received by 
the promoter/ builder. The transferor and transferee are bound to 
quote the value in the sale deed as fixed by Competent Authority 
as per Assam Public Works Department Schedule of Rates.
J >
25. After the plans, specifications and the nature of the fixture, fittings 
and amenities are disclosed to an intending transferee under section 
23, the promoter or builder shall not make any alteration therein.
(j) if it affects a single apartment, without the previous consent in writing 
of that transferee who intends to take the said apartment, and
(ii) if it affects more than one apartment, without the previous consent in 
Writing of all the transferees who intends to take those apartments.
Central
Act. 16 
of 1908

THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2115
Offences by 
promoter and 
builder
26. Any promoter who knowingly makes a false disclosure in respect of 
any of the matters referred to in clause (a), (b), (g) and (h) at section 
23 or contravenes the provisions of section 25, shall on conviction, 
be punished with imprisonment for a term which may extend to one 
year, or with fine which may extend up to fifty thousand rupees, or 
with both.•
Offences by 
companies
27. (1) If the promoter or a builder committing an offence under this Act 
is a company, every person at the time of the offence was 
committed in charges of and was responsible to the company for 
the conduct of the business of the company, as well as the 
company, shall be deemed to be guilty of the offence and shall 
be liable to be proceeded against and punished accordingly.
(2) Notwithstanding anything contained in sub-section (1), where an 
offence under this Act, has been committed with the consent or 
connivance of or Ip attributable to any negligence on the part of 
any Director or Manager, Secretary or other Officer, shall be 
deemed to be guilty of that offence and liable to be proceeded 
against and punished accordingly.
Explanation : For the purposes of this Section
a) 'Company’ means a body corporate and includes a 
firm or other association of individuals.
b) ‘Director* in relation to a firm means a partner in the 
firm.
Indemnity 28. No suit or other legal proceeding shall lie against the Government and 
no suit, prosecution or other legal proceeding shall lie against any 
Officer or Servant of the Government for anything which is in good 
faith done or intended to be done under this Act or the rules made 
thereunder.
Cognizance of 
offence
29. No court shall take cognizance of any offence under this Act except 
on complaint made with previous sanction of the Competent 
Authorities.
Power to remove 
difficulties
30. If any difficulty arises in giving effect to the provisions of this Act, the 
State Government may make such order or do such thing, not 
inconsistant with the provisions of this Act, as appears to it to be 
necessary on expedient for removing the difficulty.
*
Delivery of 
possession to 
the purchaser or 
lessee free of 
encumbrances
31. (1) A promoter or builder shall on payment of the amount due by a 
purchaser or lessee in respect of the price of the apartment, 
execute and register a proper conveyance of the apartment in 
accordance with the agreement executed under this Act after • 
discharging all encumbrances including the liability, if any, under 
the Assam Value Added Tax Act, 2003, and give possession of 
the apartment to the transferee.
(2). The Registering Authority shall not register any such 
instrument of transfer unless the promoter produces 
the relevant documents in support of non-encumbrance 
or payment of tax etc. in respect of the apartment.
Assam 
Act No.
8 of
2005

2116 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007
(3) The promoter or builder shall be solely responsible for transfer or of 
title of land of the Association / Society of the Apartment Owners 
immediately after saie of 60% of the flats. The right over the land 
as the builder or promoter shall cease to exist immediately after 
selling off 60% of the flats. No promoter or builder can carry out 
any business of profit by establishing business establishment in 
the common areas after selling off 60% of the flats.
Act to be binding 
on Apartment 
owners, tenants 
etc.
32. (1) All apartment owners, their tenant or employees or any other 
person that may in any manner use the property or any part 
thereof submitted to the provisions of section 2 shall be 
subject to this Act and the declaration or bye-laws shall be 
deemed to be binding on all the apartment owners.
(2) All agreements, decisions and determinations lawfully made by 
the Association of Apartment Owners in accordance with the 
voting percentage specified in the declaration or bye-laws shall 
be deemed to be binding on all the apartment owners.
(3) No apartment owner shall use the apartment for any purpose 
other than that for which the apartment has been constructed or 
permission was obtained.
President / 
Secretary to cut 
off, withhold, 
curtail or reduce 
essential supply 
or service
33. The President or Secretary of an Association or a Society of 
Apartment Owners may, after due notice of not less than seven 
days, for just and sufficient cause, cut off, withhold or in any 
manner curtail or reduce any essential supply or service enjoyed 
by an apartment owner.
Explanation : In this section, essential suddIv or service includes the 
supply of water, electricity, rights in passage and on stair cases and 
rights and conservancy of sanitary service.
Joint and
Several liability.
34. Upon the sate of any apartment, the purchaser of the apartment shall 
be jointly and severally liable with the vendor for all unpaid 
assessment against the tetter for his share of the common expenses 
upto the time of the sale without prejudice to the purchaser's right to 
recover the vendor the amount paid by him.
Insurance 35. The President or Secretary of an Association or a Society of 
Apartment Owners, if so required by the declaration or the bye-laws 
or by a majority of the apartment owners, shall have the authority to 
and shall obtain insurance coverage for the property against loss or 
damage by fire and such other hazards and under such terms and 
for such amounts as shall be required. Such insurance shall be in 
the name of the President or Secretary of the Association or Society 
of Apartment Owners as trustee for each of the apartment owners in 
the percentage established in the declaration.
Prohibition of 
selling ,  leasing 
and misuse of 
common areas 
or facilities
36. The promoters or owners of apartment shall not sell or tease out or 
misuse any common areas and facilities.
Owner to 
provide fire 
devices
37. Every owner of an apartment in a building consisting of a ground 
floor, together with three or more floors on it shall be required to 
provide ail the fire preventive devices in consultation with the 
Director General of Fire Service in the manner prescribed.

THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 8, 2007 2117
Electricity, water 
and drainage 
connection
38. Every owner of an apartment shall be entitled to have electricity, 
water and drainage connection on a permanent basis only on 
payment of such fee as may be prescribed and on production of a 
certificate from the Competent Authority to the effect that the 
apartment has been constructed in accordance with the sanctioned 
plan.
Provision of 
overhead tanks
39. Every owner of the apartment shall be provided with an overhead 
tank in the manner prescribed.
Provision for
Harvesting rain 
water
40. Every apartment / group housing scheme using underground water as 
their source of water shall provide provision for harvesting of rain 
water in the manner specified in the building bye-laws of that area or 
any other method approved by Competent Authority.
Act to override 
the agreements
41. If any conflict or inconsistency arises between any provision of this 
Act and any agreement entered into between the promoter and the 
apartment owners, the provisions of this Act shall have overriding 
effect over such agreement.
Power to make 
rules
42. (1) The State Government may make rules for carrying out the 
purpose of the Act.
(2) Every rule made under this section shall be laid, as soon as may 
be after it is made, before the Assam Legislative Assembly while 
it is in Session for a total period of fourteen days which may be 
comprised in one session or in two successive sessions, and if, 
before expiry of the session in which it is laid or the sessions 
immediately following, the Assam Legislative Assembly agree in 
making any modification in the rule or the Assam Legislative 
Assembly agree that the rule should not be made, the rule shall 
thereafter have effect only-in such modified form or be of no 
effect as the case may be ; so however that any such 
modification or annulment shall be without prejudice to the 
validity of anything previously done under that rule.
MOHD.A. HAQUE,
Secretary to the Government of Assam, 
Legislative Department.
GUWAHAT1-Printed and Published by the Dy. Director (P&S), Directorate of Ptg. & Sty., Assam, Guwahati-21, 
(Ex-Gazette) No. 629-500-400-8-10-2007.

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