The West Bengal Apartment ( Regulation Of Construction And Transfer ) Act, 1972

GOVERNMENT OF WEST BENGAL 
LEGISLATIVE DEPARTMENT 
West Bengal Act XVII of 1972 
THE WEST BENGAL APARTMENT (REGULATION 
OF CONSTRUCTION AND TRANSFER) ACT, 1972. 
[Passed by the West Bengal Legislature.] 
[Assent of the President was first published in the Calcutta Gazette, 
Extraordinary, of the 5th July, 1972.] 
[5th July, 1972.] 
West Ben. 
Act XVI of 
1972. 
An Act to regulate the construction and transfer of apartment. 
WHEREAS it is expedient to regulate the construction and transfer of 
apartment; 
It is hereby enacted in the Twenty-third Year of the Republic of India, 
by the Legislature of West Bengal, as follows :- 
1. (1) This Act may be called the West Bengal Apartment 
(Regulation of Construction and Transfer) Act, 1972. 
Short title, 
extent and 
commence-
!tent. 
(2) It extends to the whole of West Bengal. 
(3) This section shall come into force at once; and the remaining 
provisions of this Act shall come into force in such areas, and on such dates 
as the State Government may, by notification in the Official Gazette, 
appoint; and different dates may be appoined for different areas. 
2. This Act applies only to an apartment, the promoter in respect of 
which executes and submits a Declaration before a-Competent authority 
in such manner as may be prescribed that he intends to submit the property 
wherein the apartment is or is to be located to the provisions of the West 
Bengal Apartment Ownership Act, 1972. 
3. In this Act, unless the context otherwise requires,— 	 Defmitions. 
(1) (a) "Declaration" means the instrument by which the property 
is submitted to the provisions of this Act; 
(b) "prescribed " means prescribed by rules made under this Act; 
(c) "promoter" means a person who has already constructed or 
intends to construct apartments for the purpose of selling 
them to other persons and includes the Government; 
Application 
of the Ad, 
119 
The West Bengal Apartment (Regulation of Construction and Transfer) 
Act, 1972. 
[West Ben. Act 
(Sections 4, 5.) 
(2) the expressions "apartment", "building","Competent authority" 
and "property" shall have the same meanings assigned to 
them respectively in the West Bengal Apartment Ownership West Ben. 
Act, 1972. 	 Act XVI of 
1972. 
General 
liabilities of 
promoters. 
Agreement 
to precede 
advance 
payment. 
4. Any promoter who intends to sell an apartment, shall, on demand 
by an intending transferee— 
(a) make full and true disclosure in writing of the nature of his 
interest in the land on, and the building, if any, in which the 
apartments are or are to be constructed; 
(b) make full and true disclosure in writing of all encumbrances, 
if any, affecting such land or building; 
(c) disclose and give inspection of the plans and specifications of 
the entire building of which the proposed apartments form 
part and furnish copies thereof; 
(d) disclose in writing the nature of fixtures, fittings and amenities 
which have been or are proposed to be provided; 
(e) disclose in writing the particulars as respects 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; 
(f) specify in writing the date by which possession of the apartment 
is to be handed over to such transferee; 
(g) supply in writing a list of all the apartments which have already 
been taken or agreed to be taken, together with their distinctive 
numbers, names and addresses of the transferees either 
actual or intended, the prices paid or charged by or upon 
them and any other particulars as may be prescribed; 
(h) 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 changes and electricity changes. 
revenue assessment, interest on any mortgage or other 
encumbrances, if any, in relation to the land, building and the 
apartments; 
(i) make a full and true disclosure in writing of such other 
information and documents including true copies of such 
documents as may be prescribed. 
5. Notwithstanding anything contained in any other law, a promoter 
who intends to transfer any apartment shall, before accepting any sum 
from an intending transferee as advance payment or deposit, enter into a 
written agreement for sale with such transferee which shall be registered 
as a document compulsorily registrable under clause (b) of sub-section 
(1) of section 17 of the Registration Act, 1908. 	 16 of 1908. 
120 
The West Bengal Apartment (Regulation of Construction and Transfer) 
Act, 1972. 
XVII of 1972.] 
(Sections 6-9.) 
6. After the plans, specifications and the nature of the fixtures, No additions 
after 
tealrterations fittings and amenities are disclosed to an intending transferee under or  
section 4 the promoter shall not make any alteration therein— 	 disclosure 	of 
plans, etc. 
(i) 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 intend to take 
those apartments. 
7. Any promoter who knowingly makes a false disclosure in respect Offences by 
of any of the matters referred to in clauses (a), (b), (g) or (h) of section 4 promoter. 
or contravenes the provisions of section 6, shall, on conviction, be 
punished with imprisonment for a term which may extend to one year or 
with fine which may extend to two thousand rupees, or with both. 
8. (1) If the promoter committing an offence under this Act is a Offences by 
company, every person who at the time the offence was committed was in companies. 
charge 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 : 
Provided that nothing contained in this sub-section shall render any 
such person liable to such punishment as provided in this Act if he proves 
that the offence was committed without his knowledge or that he exercised 
all due diligence to prevent the commission of such offence. 
(2) Notwithstanding anything contained in sub-section (1), where an 
offence under this Act has been committed with the consent or connivance 
of, or is attributable to, any negligence on the part of, any director, 
manager, secretary or other officer of the company, such director, manager, 
secretary or other officer shall be deemed to be guilty of that offence and 
shall be 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; and 
(b) "director" in relation to a firm means a partner in the firm. 
9. The State Government may make rules for carrying out the Power to 
purposes of this Act. 	 make rules. 
121 
Indemnity. 
Bar to juris-
diction. 
Power to 
remove 
difficulties. 
The West Bengal Apartment (Regulation of Construction and Transfer) 
Act, 1972. 
[West Ben. Act XVII of 1972.] 
(Sections 10-12.) 
10. No suit or other legal proceedings shall lie against the Government 
and no suit, prosecution or other legal proceedings 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. 
11. No Court shall take cognizance of any offence under this Act 
except on complaint made with the previous sanction of the Competent 
authority. 
12. If any difficulty arises in giving effect to the provisions of this Act, 
the State Government may make such order or do such things, not 
inconsistent with the provisions of this Act, as appears to it to be necessary 
or expedient for removing the difficulty. 
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