The Uttar Pradesh Apartment (Promotion of construction, Ownership & Maintenance) Act,-2010

English — official source version

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366 

THE UTTAR PRADESH APARTMENT (PROMOTION OF 
CONSTRUCTION, OWNERSHIP AND MAINTENANCE) 

ACT, 2010 

 (U.P. Act no. 16 of 2010) 

Amended by  

U. P. Act no. 30 of 2016. 
 

[As passed by Uttar Pradesh Legislature and assented to  by 
Governor under Article 200 of Constitution of India dated March 18, 
2010, published in Uttar Pradesh Gazette Extraordinary on March 19, 
2010 and came into force from July 21, 2010.] 

to provide for the ownership of an individual apartment in a 
building of an undivided interest in the common areas and facilities 
appurtenant to such apartment and to make such apartment and interest 
heritable and transferable and for matters connected therewith or incidental 
thereto. 

AN  
ACT 

IT IS HEREBY enacted in the Sixty first Year of the Republic of India 
as follows:-  

 

 
 
Short title, 
extent and 

commencement 

CHAPTER-I  

Preliminary 
1. (1) This Act may be called the Uttar Pradesh Apartment 

(Promotion of Construction, Ownership, and Maintenance) Act, 2010. 

(2) It extends to the whole of .State of Uttar Pradesh. 

(3) It shall come into force on such date as the State Government 

may, by notification in the official Gazette, appoint. 

 

 

 

Application [2. The provisions of this Act shall apply to all buildings having 
four or more apartments in any building constructed or converted into 
apartment and land attached to the apartment, whether freehold or held 
on lease excluding shopping malls, multiplexes and commercial complexes 
which are maintained as single unit by the promoter or the maintnance 

agency.]1 

 

Definitions 3. In this Act, unless the context otherwise requires, 
(a) "allottee" in relation to an apartment, means the person to 

whom such apartment has been allotted, sold or otherwise 
transferred by the promoter; 

[(b) "Apartment" means a part of any property, intended for any 
type of independent use, including enclosed spaces located on one or 
more floors or any part or parts thereof, in a building to be used for 
residential or official purposes or for the purpose of practicing any 
profession, or for carrying on any occupation, trade or business 
(excluding shopping malls and multiplexes) or for such other use as 
may De prescribed, and with a direct exit to a public street, road or to 
a common area leading to such street, road and includes any garage 
or room (whether or not adjacent to the building in which such 
apartment is located) provided by the promoter for use by the owner 
of such apartment for parking or, as the case may be, for the 

residence of any domestic aide employed in such apartment;]2 

 

 (c) "apartment number" means the number, letter or 

combination thereof, designating an apartment; 

(d) "apartment owner" means the person or persons owning 

an apartment or the promoter or his nominee in case of unsold 

apartments and an undivided interest in the common areas and 

facilities appurtenant to such apartment in the percentage 

specified in the Deed of Apartment and includes the lessee of the 

land on which the building containing such apartment has been 

constructed, where the lease of such land is for a period of thirty 

years or more; 

 

 
1. Subs. by s. 2 of U.P. Act No. 30 of 2016. 
2. Subs. by s. 3(b) of U.P. Act No. 30 of 2016 



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 (e) "association of apartment owners" means all the 

owners of the apartments therein, acting as a group in 

accordance with the bye-laws; 

(f) "board" means the Board of Management of an 

Association of Apartment Owners elected by its members 

under the bye-laws; 

(g) "building" means a building constructed on any land, 

containing four or more apartments, or two or more buildings 

in any area designated as a block, each containing two or 

more apartments with a total of four or more apartments in_ 

all such buildings; 
 Provided that an independent house constructed in a row 

with independent entry and exit, whether or not adjoining to 

other independent houses, shall not constitute a building. 

(h) "bye-laws" means the bye-laws made under this Act; 

(i) "common areas and facilities" means 

(i) the land on which the building is located and all 

easements, rights and appurtenances belonging to the 

land and the building; 

 [(ii) the foundations, columns, girders, beams, 

supports, main walls, roofs/terraces and halls of common 

use, corridors, lobbies, stairs, stairways, fire-escapes and 

entrances and exits of the building;]1 
 [(iii) the basements (areas of common use only), 

cellars, yards, parks, gardens, community centers and 

common parking areas.]2 

(iv) the premises for the lodging of janitors or persons 

employed for the management of the property; 

(v) installations of central services, such as, power, 

light, gas, hot and cold water, heating, refrigeration, air 

conditioning, including sewerage; 

(vi) the elevators, tanks, pumps, motors, fans, cable 

pipe line (TV, gas, electricity etc.) rain water harvesting 

system, compressors, ducts and in general all apparatus 

and installations existing for common use; 

[(vii) such other common areas and community 

facilities as may be specified in the bye-laws, and]3 

(viii) all other parts of the property necessary or 

convenient to its existence, maintenance and safety, or 

normally in common use; 
 (j) "common expenses" means 

(i) expenses of administration, maintenance, repair 

or replacement of the common areas and facilities, 

utilities, equipments and machineries and all other sums 

assessed against the owners of apartment by the 

Association of Apartment Owners. 

(ii) expenses declared as common expenses by the 

provisions of this Act or by the bye-laws, or agreed upon 

by the Association of Apartment Owners; 

(k) "common profits" means the balance of all income, 

rents, profits, and revenues from the common areas and 

facilities remaining after the deduction of the common 

expenses; 

 
1. Subs. by s. 3 (b) of Act No. 30 of 2016. 

2. Subs. by s. 3 (b) of Act No. 30 of 2016. 
3. Subs. by s. 3 (b) of Act No. 30 of 2016. 



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(l) "competent authority" means any person or authority 

authorised by the government by notification to perform the 

functions of the competent authority under this Act for such 

areas as may be specified in the notification; 

(m) "declaration" means declaration referred to in section 12; 

(n) "deed of apartment" means the Deed of Apartment 

referred to in section 14; 

(o) "government" means the Government of Uttar 

Pradesh; 

(p) "independent areas" means the areas which have been 

declared but not included as common areas for joint use of 

apartments and may be sold by the promoter without the 

interference of other apartment owners; 

(q) "joint family" means a Hindu undivided family, and in 

the case of other persons, a group or unit, the members of 

which are by custom, joint in possession or residence; 

 (r) "local authority" means the Development Authority 

established under the Uttar Pradesh Urban Planning and 

Development Act, 1973 or Controlling Authority established 

under the Uttar Pradesh (Regulation  of   Building   

Operations)   Act,   1958   or  Special  Area Development 

Authority established under the Uttar Pradesh Special Area 

Development Authorities Act, 1986 or the Uttar Pradesh 

Housing and Development Board established under the Uttar 

Pradesh Housing and Development Board Act,1965 or the 

Industrial Area Development Authority established under the 

Uttar Pradesh Industrial Area Development Authorities Act, 

1976 or the Uttar Pradesh Cooperative Housing Federation 

established under the Uttar Pradesh Cooperative Housing 

Societies Act, 1965 or the Municipal Corporation constituted 

under the Uttar Pradesh Municipal Corporations Act, 1959 

or the municipality established under the Uttar Pradesh 

Municipalities Act, 1916, having jurisdiction over the site of 

property; 

  (s) "limited common areas and facilities" means those 

common areas and facilities which are designated in writing 

by the promoter before the allotment, sale or other transfer of 

any apartment as reserved for use of certain apartment or 

apartments to the exclusion of the other apartments; 

 

 (t) "manager" means the Manager of an Association of 

Apartment Owners appointed under the bye-laws; 

[(tt) ‘Multiplex’ means a movie theater complex with 

multiple screens, shopping area, food court and ancillary 

services within a single building constructed on a land area 

admeasuring 4000 sqm. or more.]1 

(u) "person" includes a firm and a joint family, and also 

includes a group housing co-operative society; 

(v) “Prescribed” means prescribed by rules made under 

this Act; 

(w) "promoter" means a person, company, firm, 

Association or co-operative society, as the case may be, by 

which, or by whom the building has been constructed; 

 

 
1. Ins. by s. 3 ( c ) of U.P. Act No. 30 of  2016. 



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 (x) "property" means the land, the building, and all 

improvements and structures thereon, and all easements, 
rights and appurtenances belonging thereto, and all articles 

of personal property intended for use in connection 

therewith, which have been, or are intended to be 

submitted to the provisions of this Act; 

 

 [(y) ‘Shopping Mall’ means a large enclosed shopping 

area or complex constructed on a land area admeasuring 
4000 sqm. or more having independent retail stores, food 

court and ancillary services.]1 

 

 

 

General liabilities 

of promoter 

CHAPTER–II 

Duties and Liabilities of  Promoters 

4. (1) Any promoter who intends to sell an apartment, shall 
make a full and true disclosure in writing of following to an 

intending purchaser and the Competent Authority: 
(a) rights and his title to the land and the building in which 

the apartments have been or proposed to be constructed; 

 

 (b) all encumbrances. if any, on such land or building, 
and any right, title, interest or claim of any person in or, 
over such land or building; 

(c) the plans and specifications approved. by or 
submitted for approval to the local authority of the entire 
building of which such apartment forms part; 

(d) detail of all common areas and facilities as per the 
approved lay-out plan or building plan; 

[(dd) built-up area and common area of an  

apartment.]2 
(e) the nature of fixtures, fittings, and amenities, which 

have been or proposed to be provided; 

 

(f) the details of the design and specifications of works 
or and standards of the material which have been or are 
proposed to be used in the construction of the building, 
together with the details of all structural, architectural 
drawings, layout plans, no objection certificate from Fire 
Department, external and internal services plan of 
electricity, sewage, drainage and water supply system etc. to 
be made available with the Association; 

(g) all outgoings, including ground rent, municipal or 
other local taxes, water and electricity charges, revenue 
assessments, maintenance and other charges, interest on 
any mortgage or other encumbrance, if any, in respect of 
such land, building and apartments; 

 (h) such other information and documents as may be 
prescribed. 
(2) Every promoter shall, 

(a) specify in writing the date by which, construction of 
the apartment is to be completed subject to force majeure 
clause and intimation sent to such purchaser; 

(b) declare the penalty for delay in completion of the 
building and also penalty in the event of non-payment of 
instalment by the purchaser; 

(c) declare the conditions for cancellation or withdrawal 
of allotment and the extent of compensation either way in 
the event of violations of any of the conditions; 

(d) give on demand by the intending purchaser, on 
payment of photocopying charges, true copies of the 
documents referred to in this section; 

 
1. Ins. by s. 3 (d) of U.P. Act No. 30 of 2016. 
2. Ins. by s. 4 (a) of U.P. Act No. 30 of 2016.  



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

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(3) Where a building or apartment is proposed to be 

constructed by a promoter, the Jal Sansthan or the Uttar Pradesh 

Power Corporation Limited or the local authority, may supply water 

and electricity respectively on a temporary basis on intimation of 

approval of the plan by the prescribed sanctioning authority: 

Provided that the Jal Sansthan or the Uttar Pradesh Power 

Corporation Limited or the local authority may, on an intimation from 

the prescribed sanctioning authority, disconnect such supply of 

water and electricity as the case may be, if the promoter proceeds 

with the construction of building contrary to the approved plan, 

except for such deviations as are within the permissible limits: 

Provided further that no such disconnection of supply of 

water and electricity, as the case may be, shall be made by the Jal 

Sansthan or Uttar Pradesh Power Corporation Limited or Local 

Authorities without first giving a show cause notice and providing 

opportunity of hearing for intended disconnection and also recording 

reasons in writing thereof. 

[(4) After plans, specifications and other particulars specified 

in this section as sanctioned by the prescribed sanctioning authority 

are disclosed to the purchaser to whom allotment letter in respect of 

an apartment is issued, the promoter may make such additions or 

alternations except any change in the location and character of parks 

and green areas earmarked in the originally approved pln, as may be 

necessary due to architectural and structural reasons duly 

recommended and verified by authorized Architect or Engineer after 

proper declaration and intimation to the said purchaser. 

Provided that the promoter shall not make any alterations in 

the plans, specifications and other particulars without obtaining the 

permission of the prescribed santioning authority. 

Provided further that after completion fully or partially of a 

project or of a particular phase of a project, the promoter shall not  

make any alterations in any building or common areas and facilities 

in respect of which completion of certificate has been issued.]1 

 (5) An apartment may be transferred by the promoter to any 

person only after obtaining the completion certificate from the 

prescribed sanctioning authority concerned as per building bye-laws. 

The completion certificate shall be obtained by promoter from 

prescribed authority [within the period specified for completion of the 

project in the development permit or the builing permit as the case  

may be.]2. Provided that if the construction work is not completed 

within the stipulated period with the permission of the prescribed 

authority. 

Provided furthar that if the completion certificate is not issued 

by the prescribed sanctioning authority within three months of 

submission of the application by the promoter complete with all 

certificates and other documents required, the same shall be deemed 

to have been issued after the expiry of three months. 

Explanation: For the purposes of this sub-section 

"completion" means the completion of the construction works of a 

building as a whole or the completion of an independent block of 

such building, as the case may be. 

 
1. Subs.  by s. 4(b) of U.P. Act No. 30 of 2016. 
2. Subs.  by s. 4(c) of U.P. Act No. 30 of 2016. 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

376 

  (6) After obtaining the completion certificate as provided in 

sub-section (5) and handing over physical'possession of the 
apartments to the allottees, it shall be the responsibility of the 

promoter to hand over the possession of the common areas and 

facilities and also the originals of the plans and documents to the 

Association of apartment owners formed and registered under sub-

section (2) of section-14. 

[Provided that handing over of physical possession of the 

common areas and facilities under this sub-section shall be 
completed within a period of one year from the date of issue of 

completion certificate or the date by which sixty percent of the 

apartments have been handed over to the owners, whichever is 

earlier, subject to the condition that the promoter shall be 

responsible for the sale and transfer of the balance apartments.]1 

(7) The promoter shall maintain the common areas and 
facilities till the Association is formed in accordance with the 

conditions laid down in sub section (2) of section-14 and shall be 

entitled to levy proportionate maintenance charges as specified in the 

declaration. 

(8) The promoter shall be responsible upto two years after 

handing over the apartments regarding construction and structural 

defects in the building constructed by him and he shall get such 

defects removed at his own cost, failing which he shall liable to pay 

compensation for the losses incurred by him for such defects. 

 

 (9) The promoter shall pay all local taxes including house tax, 
water tax, sewer tax, until and unless subleases have been executed 

in favour of the apartment owners. 

 

 CHAPTER–III 

Rights and Obligations of Apartment owners 

 

Rights of 

Apartment 

Owners 

5. (1) Every person to whom any apartment is sold or 

otherwise transferred by the promoter shall subject to the other 

provisions of this Act, be entitled to the exclusive ownership and 

possession of the apartment so sold or otherwise transferred to him. 

(2) Every person who becomes entitled to the exclusive 

ownership and possession of all apartment shall be entitled to such 

percentage of undivided interest in the common areas and facilities 

as may be specified in the Deed of Apartment and such percentage 

shall be computed by taking, as a basis, the area of the apartment in 

relation to the aggregate area of all apartments of the building. 

(3) (a) The percentage of the undivided interest of each 

apartment owner in the common areas and facilities shall have a 

permanent character, and shall not be altered without the written 

consent of all the apartment owners and approval of the competent 

authority. 

(b) The percentage of the undivided 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 apartment, even though such interest is not 

expressly mentioned in the conveyance or other instrument. 

(4) The common areas and facilities shall not be transferred 

and remain undivided and no apartment owner or any other person 

shall bring any action for partition or division of any part thereof, 

and any covenant to the contrary shall be void. 

 

 
1. Subs. by s. 4(d) of U.P. Act No. 30 of  2016. 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

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(5) Each apartment owner may use the common areas and 

facilities in accordance with the purposes for which they are intended 

without hindering or encroaching upon the lawful rights of the other 

apartment owners. 

(6) The necessary work relating to maintenance, repair and 

modification or relocation of the common areas and facilities and the 

making of any additions or improvements thereto, shall be carried out 

only in accordance with the provisions of this Act and the bye-laws. 

(7) The Association of Apartment Owners shall have the 

irrevocable right, to be exercised by the Board or Manager to have 

access to each apartment from time to time during reasonable hours 

for the maintenance, repairs or replacement of any of the common 

areas or facilities therein, or accessible therefrom, or for making 

emergency repairs therein necessary to prevent damage to the 

common areas and facilities or to any other apartment or apartments. 

Obligation of 

Apartment 

Owners 

6. (1) Each apartment owner shall comply strictly with the 

bye-laws and with the covenants, conditions and restrictions set forth 

in the Deed of Apartment, and failure to comply with any of them 

shall be a ground for action to recover sums due for damages, or for 

injunctive relief, or both, by the Manager or Board on behalf of the 

Association of Apartment Owners or in a proper case, by an aggrieved 

apartment owner. 

 

 

 

 

 

 

 

 

 

 

 

 

 

Apartment to be 

heritable and 

transferable 

 

 

 

 

 

 

 

 

(2) No apartment owner shall do any work which would be 

prejudicial to the soundness or safety of the property or reduce the 

value thereof or impair any easement or heriditament or shall add any 

material structure or excavate any additional basement or cellar or 

alter the external facade without first obtaining the consent of all the 

apartment owners. 

Explanation: In this section, reference to apartment owners 

shall be construed, in relation to a building in any block, pocket or 

other designated area, the apartment owners of the concerned 

building in such block, pocket or other designated area. 
 

CHAPTER–IV 

Ownership, Heritability and Transferability of Apartments 

7. Each apartment, together with the undivided interest in the 

common areas and facilities appurtenant to such apartment, shall, 

for all purposes constitute a heritable and transferable immovable 

property within the meaning of any law for the time being in force, 

and accordingly, an apartment owner may transfer his apartment and 

the percentage of undivided interest in the common areas and 

facilities appurtenant to such apartment by way of sale, mortgage, 

lease, gift, exchange or in any other manner whatsoever in the same 

manner, to the same extent and subject to the same rights, privileges, 

obligations, liabilities investigations, legal proceedings, remedies and 

to penalty, forfeiture or punishment as any other immovable property 

or make a bequest of the same under the law applicable to the 

transfer and succession of immovable property. 

 



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380 

 

 

 

 

 

 

 

 

Ownership of 

apartment shall 

be subject to 

conditions 

[Provided that where the allotment, sale or other transfer of 

any apartment has been made by any group housing co-operative 

society or association in favour of any member thereof, the 

transferability of such apartment and all other matters shall be 

regulated by the law, which may provide a transfer fee at a 

maximum rate of one percent in any case of the sale value, 

applicable to such group housing co-operative society or association 

whatsoever maintains the common areas and facilities. The transfer 

fee shall not be leviable in case of heritability.]1 

8. Where any allotment, sale or other transfer of any 

apartment has been made, whether before or after the 

commencement of this Act, in pursuance of any promise of payment, 

or part payment, of the consideration thereof, the allottee or 

transferee, as the case may be, shall not become entitled to the 

ownership and possession of that apartment or to a percentage of 

undivided interest in the common areas and facilities appurtenant to 

such apartment until full payment has been made of the 

consideration thereof together with interest, if any due thereon, and 

where any such allottee or transferee has been inducted into the 

possession of such apartment or any part thereof in pursuance of 

such allotment or transfer, he shall, until the full payment of the 

consideration has been made continue to remain in possession 

thereof on the same terms and conditions on which he was so 

inducted into possession of such apartment or part thereof. There 

shall not be any hidden charges. All sale consideration shall be fixed 

either at the time of agreement to sale or when the purchases are 

made final in writing as per provisions of this Act; 
Right of re-

entry 
9. (1) Where any land is given on lease by a person (hereafter 

in this section referred to as the lessor) to another person (hereafter 

in this section referred to as the lessee~ which term shall include a 

person in whose favour a sub-lease of such land has been granted)~ 

and any building has been constructed on such land by the lessee 
or by any other person authorised by him or claiming through him 

such lessee shall grant in respect of the land as  many   sub-leases  

as there  are apartments in  such  building  and  shall execute 

separate deeds of sub-lease in respect of such land in favour of each 

apartment owner before handing over the possession of apartment 

in such building to him. The lessor shall be duty bound to supply 

the plans and other legal documents to the lessee. 

 

 Provided that no sub-lease in respect of any land shall be 
granted except on the same terms and conditions on which the lease 

in respect of the land has been granted by the lessor and no 

additional terms and conditions shall be imposed by the lessee 

except with the previous approval of the lessor. 

(2) Where the lessee has any reason to suspect that there 

had been any breach of the terms and conditions of the sub-lease 

referred to in sub-section (1), he may himself inspect the land on 
which the building containing the concerned apartment has been 

constructed, or may authorise one or more persons to inspect such 

land and make a report as to whether there had been any breach of 

the terms and conditions of any sub-lease in respect of such land 

and,  if so, the nature and extent of such breach~ and for this 
purpose, it shall be lawful for the lessee or any person authorised by 

him to enter into, and to be in, the land in relation to which such 

breach has been or is suspected to have been committed. 

 

 
1. Subs. by s. 5 of U.P. Act No. 30 of 2016. 



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 (3) Where the lessee or any person authorised by him makes an 

inspection of the land referred to in sub-section (1), he shall record in 

writing his findings on such inspection [a true copy of which shall be 

furnished to the apartment owner by whom such breach of the terms 

and conditions of sub-lease in respect of the land appurtenant to the 

apartment owned by him has been committed (hereinafter referred to 

as the defaulting apartment owner)] and where such findings indicate 

that there had been any breach of the terms and conditions of the sub-

lease in respect of such land, the lessee may, by a notice in writing, 

require the defaulting apartment owner to refrain from committing any 

breach of the terms and conditions of the sub-lease in respect of such 

land~ or to pay in lieu thereof such composition fees as may be 

specified in the notice in accordance with such scales of composition 

fees as may be prescribed. 

(4) The defaulting apartment owner who is aggrieved by any 

notice served on him by the lessee under sub-section (3) may, within 

thirty days from the date of service of such notice, prefer an appeal to 

the Court of the District Judge having jurisdiction (hereinafter referred 

to as the District Court), either challenging the finding of the lessee or 

any person authorised by him or disputing the amount of composition 

fees as specified in the notice, and the District Court may, after giving 

the parties a reasonable opportunity of being heard, confirm, alter or 

reverse those finding or may confirm, reduce or increase the amount of 

composition fees or set aside the notice. 

 

 (5) Where, on the breach of any terms and conditions of any 

sub-lease in respect of any land, any composition fees become payable, 

the defaulting apartment owner shall be deemed to have been guilty of 

such breach and in default of payment thereof it shall be lawful for the 

lessee to recover the amount of the composition fees from the 

defaulting apartment owner as arrears of land revenue. 

(6) Where any composition fees are paid whether in pursuance 

of the notice served under sub-section (3) or in accordance with the 

decision of the District Court or a higher court on appeal, no further 

action shall be taken by the lessee for the breach of the terms and 

conditions of the sub-lease in respect of the land in relation to which 

payment of such composition fees has been realised. 

(7) If the defaulting apartment owner omits or fails to refrain 

from committing any breach of the terms and conditions of the sub-

lease in respect of the land or, as the case may be, omits or fails to pay 

the composition fees in lieu thereof 

(i) in accordance with the notice issued by the lessee under 

sub section (3); or 

(ii) where the finding of the lessee or the person authorised 

to inspect the land about any breach of the terms and 

conditions of any sublease in respect of the land or the amount 

of composition fees specified in the notice issued by the lessee 

are altered by the District Court on appeal or by any higher 

court on further appeal, in accordance with the decision of the 

District Court or such higher court, as the case may be; the 

lessee shall be entitled, 

(a) where no appeal has been preferred under sub-section 

(4), within sixty days from the date of service of the notice 

under sub-section (3), or 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

384 

 (b) where an appeal has been preferred under sub-

section (4), within sixty days from the date on which the 

appeal is finally disposed of by the District Court or, where 

any further appeal is preferred to a higher court, by such 

higher court,  

to exercise the right of re-entry in respect of the 

undivided interest of the lessee in the land appurtenant to 

the apartment owned by the defaulting apartment owner, 

and where such right of re-entry cannot be exercised except 

by the ejectment of the defaulting apartment owner from his 

apartment, such right of re-entry shall include a right to 

eject the defaulting apartment owner from the concerned 

apartment: 

Provided that no such ejectment shall be made unless 

the defaulting apartment owner has been paid by the lessee 

such amount as compensation for such ejectment as may 

be determined in accordance with the prescribed scales of 

compensation. . 

(8) No appeal preferred under sub-section (4) shall be 

admitted, unless twenty-five per cent of the composition fees 

specified in the notice served on the defaulting apartment owner 

has been deposited to the credit of the District Court in savings 

bank account to be opened by the District Court in any branch of 

an approved bank: 

 

 Provided that the District Court may, on sufficient cause 

being shown, either remit or reduce the amount of such deposit, 

and the interest accruing on such deposit, shall ensure to the credit 

of defaulting apartment owner by whom such deposit has been 

made: 

 

 Provided further that the amount of such deposit together 

with the interest due thereon shall be distributed by the District 

Court in accordance with the decision in such appeal, or where any 

further appeal has been preferred against such decision, in 

accordance with the decision in such further appeal. 

(9) The defaulting apartment owner, who is aggrieved by the 

amount offered to be paid to him under the proviso to sub-section 

(7) as compensation for ejectment from his apartment may, within 

thirty days from the date of such offer, prefer an appeal to the 

District Court and the District Court may, after giving the parties a 

reasonable opportunity of being heard, maintain, increase or reduce 

the amount of compensation. 

(10) On the ejectment of the defaulting apartment owner 

from the apartment under sub-section (7), the lessee by whom such 

ejectment has been made may make a fresh allotment of the 

concerned apartment to any other person on such terms and 

conditions as he may think fit. 

(11) Where any lessee omits or fails to take any action either 

in accordance with the provisions of sub-section (2) or sub-section 

(3) or sub-section (7) the lessor may, in the first instance, require 

the lessee by a notice in writing to take action against the 

defaulting apartment owner under subsection (2) or sub-section (3) 

or, as the case may be, under sub-section (7), within a period of 

ninety days from the date of service of such notice, and in the event 

of the  omission or  failure of the lessee to do so within such period,  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

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Purchase or 

person taking 
lease of 
apartments from 
apartment 

owners to 
execute an 
undertaking 

the lessor may himself take action as contained in sub-section (2) 

or sub-section (3) or sub-section (7), and the provisions of sub-

section (4) to sub-section (6) and sub-section (8) to sub-section (10), 

shall, as far as may apply to any action taken by him as if such 

action had been taken by the lessee. 

(12) For the removal of doubts, it is hereby declared that no 

work in any apartment by the owner thereof shall be deemed to be 

a breach of the terms of the sub-lease in respect of the land on 

which the building containing such apartment has been 

constructed unless the work is prohibited by sub-section (2) of 

section 6. 

10. Notwithstanding anything contained in the Transfer of 

Property Act, 1882 (Act No.4 of 1882), or in any other law for the 

time being in force, any person acquiring any apartment from any 

apartment owner by gift, exchange, purchase or otherwise, or 

taking lease of an apartment from an apartment owner for a period 

of thirty years or more, shall 

(a) In respect of the said apartment, be subject to the 

provisions of this Act; and 

 

 (b) Execute and register an instrument in such form, 

in such manner and within such period as may be 

prescribed giving an undertaking to comply with the 

covenants, conditions and restrictions, subject to which 

such apartment is owned by the apartment owner 

aforesaid. 

Encumbrances 

against 

apartments 

 

11. (1) the owner of each apartment may create any 

encumbrance, only against the apartment owned by him by 

executing an instrument and registering it in the office of the 

registering authority and the percentage of the   undivided   interest   

in  the common areas and  facilities appurtenant to such apartment 

in the same manner and to the same extent as may be created in 

relation to any other separate parcel of property subject to individual 

ownership: 

 

 Provided that where any such encumbrance is created, the 

apartment in relation to which such encumbrance has been created 

shall not be partitioned or sub-divided. 

(2) In the event of a charge or any encumbrance against two 

or more apartments becoming effective, the apartment owners of the 

separate apartments may remove their apartments and the 

percentage of the undivided interest in the common areas and 

facilities appurtenant to such apartments from the charge or 

encumbrance on payment of the fractional or proportional amounts 

attributable to each of the apartments affected and on such 

payment, the apartment and the percentage of undivided interest in 

the common areas and facilities appurtenant thereto shall be free of 

the charge or encumbrance so removed: 

Provided that such partial payment shall not prevent the 

person having a charge or any of the encumbrance from proceeding 

to enforce the rights, in relation to the amount not so paid, against 

any other apartment and the percentage of undivided interest in the 

common areas and facilities appurtenant to such apartment. 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

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 CHAPTER–V 

Declaration of building and deed of apartment 

Contents of 

Declaration 
12. (1) The declaration shall be submitted by a promoter in 

the office of the competent authority in respect of a building 

constructed after the commencement of this Act in such form, 

within such period and in such manner as may be prescribed and 

shall contain full and true particulars of the following, namely : 

(a) description of the land on which the building and 

improvements are, or are to be located, and whether the 

land is free hold or lease hold; 

(b) description of the building stating the number of 

stories and basements, the number of apartments and 

principal materials of which it is or is to be constructed; 

(c) the number of each apartment and a statement of 

its location, approximate area, number of rooms and the 

immediate common area to which it has access and any 

other data necessary for its proper identification; 

(d) description of the common areas and facilities; 

(e) description of the common areas and facilities if any, 

stating to which apartments, their use is reserved; 

(f) value of the property and of each apartment, and the 

percentage of undivided interest in the common areas and 

the facilities appertaining to each apartment and its owner 

for all purposes, including voting; 

 (g) particulars of encumbrances, if any, on the property 

of apartment and its undivided interest at the date of the 

declaration; 

(h) such other particulars as may be prescribed. 

[Provided that such declaration shall not be required for 

the buildings completed prior to commencement of the Uttar 

Pradesh Apartment (Promoton of Construction, Ownership 

and Maintenanc) (Amendment) Act, 2016. 

Provided further that the amended declaration shall not 

be required to be filled every time whenever a plan is 

amended or revised after obtaining the permission of the 

prescribed sanctioning authority but, the final declaration 

shall be filled at the time of applying for completion fully or 

partially of the project as the case may be.]1 

(2) The declaration referred to in sub-section (1) may be 

amended under such circumstances and in such manner as may be 

prescribed. 

Registration of 

Deed of 

Apartment 

[13. No promoter or an apartment owner shall transfer or 

hand over the possession of any apartment constructed after the 

commencement of the Uttar Pradesh Apartment (Promotion of 

Construction. Ownership and Maintenance) Act, 2010 without 

executing an appropriate transfer deed and also getting it registered 

under the provisions of the Registration Act, 1908.]2 

 
1. Ins. by s. 6  of U.P. Act No. 30 of 2016. 
2. Subs. by s. 7  of  U.P. Act No. 30 of 2016. 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

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 CHAPTER–VI 

Association of Apartment Owners and Bye-laws for the 
Registration of the affairs of such Association 

Association of 

apartment owners 
and bye-laws 
relating thereto 

14. (1) There shall be an Association of Apartment Owners 

for the administration of the affairs in relation to the apartments 

and the property appertaining thereto and for the management of 

common areas and facilities : 

Provided that where any area has been demarcated for the 

construction of buildings, whether such area is called a block or 

pocket or by any other name, there shall be a single Association of 

Apartment Owners in such demarcated area. 

 [(2) It shall be the joint responsibility of the promoter and 

the apartment owners to form an Association. The promoter shall 

get the Association  registered  when  such  number  of  apartments  
have been handed over to the owners which is necessary to form an 

association or sixty percent of apartments, whichever is more, by 

way of sale, transfer or possession provided the building has been 

completed along with all infrastructure services and completion 

certificate obtained from the concerned local authority: 

Provided that in case of an independent area or an 
independent commercial area the promoter may form a separate 

Association for its management, if required.]1 

(3) In a case, where an association of the apartments owners 

of a building has not been formed, on the intended date of execution 

of a deed of apartment in. favour of prospective apartment owner, it 
shall be obligatory for a prospective apartment owner to become 

member of the association within a period of 4 weeks on receipt of a 

written intimation about the formation of such association. 

(4) Where an association of an apartment owners exist on 

the intended date of transfer of an apartment, it will be obligatory 

for the prospective apartment owner to become member of such 

association before execution of a deed of an apartment in his 

favour. 

(5) On formation of the Association of the Apartment Owners 

under sub-section (2) above, the management of the affairs of the 

apartments regarding their common areas and facilities shall be 

deemed to be transferred from the promoter to the Association 

which shall thereupon maintain them: 

Provided that till all the apartments are sold or transferred, 
the promoter shall proportionately share the maintenance cost of 

common areas and facilities. 

[Provided further that the amount collected by the promoter 

towards interest-free maintenance security shall also be transferred 

to the Association at the time of handing over of the common areas 

and facilities.]2 

 (6) The Government may by notification in the gazette frame 

model byelaws in accordance with which property referred to in 

sub-section (1) shall be administered by the Association of 

Apartment Owners and the Association shall, at its first meeting, 

make its bye-laws in accordance with the model bye-laws so framed, 

and in making its bye-laws the Association of Apartment Owners 

shall not make any departure from, variation of, addition to, or 

omission from, the model bye-laws aforesaid except with the prior 

approval of the competent authority. 

 

 
1. Subs. by s. 8 (a)  of U.P. Act No. 30 of 2016. 
2. Ins. by s. 8 (b) of U.P. Act No. 30 of 2016. 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

392 

 (7) The model bye-laws framed under sub-section (5) shall 

provide for the following, among other matters, namely: 

(a) the manner in which the Association of Apartment 

Owners is to be formed; 

(b) the election, from among apartment owners, of a Board 

of Management by the members of the Association of Apartment 

Owners; 

(c) the number of apartment owners constituting the Board, 

the composition of the Board and that one-third of members of 

the Board shall retire annually; 

(d) the powers and duties of the Board; 

(e) the honorarium, if any, of the members of the Board; 

(f) the method of removal from office of the members of the 

Board; 

 

 (g) the powers of the Board to engage the services of a 

Manager;  

(h) delegation of powers and duties of the Board to such 

Manager; 

 

 (i) method of calling meetings of the Association of 

Apartment Owners and the number of members of such 

Association of Apartment Owners; 

(j) election of a President of the Association of Apartment 

Owners from among the apartment owners, who shall preside 

over the meeting of the Board and of the Association of 

Apartment Owners; 

(k) election of a Secretary to the Association of Apartment 

Owners from among the apartment owners, who shall be an ex-

officio member of the Board and shall keep two separate minutes 

books, one for the Association of the Apartment Owners and the 

other for the Board, pages of each of which shall be consecutively 

numbered and authenticated by the President of the Association of 

Apartment Owners, and shall. record, in the respective minutes 

books, the resolutions adopted by the Association of Apartment 

Owners or the Board, as the case may be; 

(1) election of a Treasurer from among the apartment 

owners, who shall keep the financial records of the Association of 

Apartment Owners as also of the Board; 

(m) maintenance, repair and replacement of the common 

areas and facilities and payment therefor; 
(n) manner of collecting from the apartment owners or any 

other occupant of apartments, share of the common expenses; 

(o) resignation and removal of persons employed for the 

maintenance, repair and replacement of the common areas and 

facilities; 

(p) restrictions with regard to the use and maintenance of 

the apartments and the use of the common areas and facilities, 

as may be necessary to prevent unreasonable interference in the 

use of each apartment and of the common areas and facilities by 

the several apartment owners; 

(q) any matter which may be required by the Competent 

Authority to be provided for in the bye-laws for the proper or 

better administration of the property; 

(r) such other matters as are required to be, or may be, 

provided for in the bye-laws. 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

394 

 (8) The bye-laws framed under sub-section (5) may also 

contain provisions, not inconsistent with this Act– 

(a) enabling the Board to retain certain area of the 

building for commercial purposes and to grant lease of the 

areas so retained, and to apply the proceeds of such lease for 

the reduction of the common expenses for maintaining the 

building, common areas and facilities, and if any surplus is 

left after meeting such expenses, to distribute such surplus to 

the apartment owners as income; 

(b) relating to the audit of the accounts of the Association 

of Apartment Owners and of the Board, and of the 

administration of the property; 

(c) specifying the times at which and the manner in which 

annual general meetings and special general meetings of the 

Association of Apartment Owners shall be held and conducted; 

(d) specifying the time at which and the manner in which, 

the annual report relating to the activities of the Association of 

Apartment Owners shall be submitted; 

 (e) specifying the manner in which the income derived and 

expenditure incurred by the Association of. Apartment Owners 

shall be dealt with or as the case may be, accounted for. 

Insurance 15. (1) The Board or Manager– 

(a) shall have, if requested so to do by a mortgagee having 

a first mortgage covering an apartment, the authority to, and 

(b) shall, if required so to do by the bye-laws or by a 

majority of the apartment owners, 

Obtain insurance for the property against loss or damage by fire 

or other hazards under such terms and for such amounts as requested 

or required. 

 (2) Such insurance coverage shall be written on the property in 

the name of such Board or Manager as trustee for each of the 

apartment owners in the percentages specified in the bye-laws. 

 

 

 
 

 

Disposition of 

property, 
destruction 
or damage 

(3) The premia payable in respect of every such insurance shall 

be common expenses. 

(4) The provisions of sub-section (1) to (3) shall be without 

prejudice to the right of each of the apartment owner to insure his 

own apartment for his benefit. 

16. If within sixty days of the date of damage or destruction to 

all, or part of any property, or within such further time as the 

competent authority may, having regard to the circumstances of the 

case, allow, the Association of Apartment Owners does not determine 

to repair, reconstruct or re-build such property, then, and in that 

event, 

(a) the property shall be deemed to be owned in common 

by the apartment owners; 

(b) the undivided interest in the property owned in 

common, which shall appertain to each apartment owner, 

shall be the percentage of the undivided interest previously 

owned by such owner in the common areas and facilities; 

(c)  any encumbrances affecting any of the apartments 

shall be deemed to be transferred in accordance with the 

existing priority to the percentage of the undivided interest of 

the apartment owner in the property. 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

396 

 

 

 

 

 

 

 
Action 

(d) the property shall be subject to an action for partition at 

the suit of any apartment owners in which event, the net 

proceeds of sale together with the net proceeds of the insurance 

on the property, if any, shall be considered as one fund and 

shall be divided amongst all the apartment owners in the 

percentage equal to the percentage of undivided interest owned 

by each apartment owner in the property after paying out, all 

the respective shares of the apartment owners to extent 

sufficient for the purpose and all charges on the undivided 

interest in the property owned by each apartment owner. 

17. (1) Without prejudice to the rights of any apartment owner, 

action may be brought by the Board or Manager, in either case in the 

discretion of the Board on behalf of two or more of the apartment 

owners as their respective interest may appear, with respect to any 

cause of action relating to the common areas and facilities or more than 

one apartment. 

(2) The service of process on two or more apartment owners in 

any action relating to the common areas and facilities or more than one 

apartment may be made on the person, designated in the bye-laws to 

receive service of process. 

 

 CHAPTER–VII 

Common Profits, Common Expenses and Other Matters 

 

Common 
profits, 
common 
expenses and 

other matters 

18. (1) The common profits of the property shall be distributed 

among, and the common expenses shall be charged to, the apartment 

owners according to the percentage of the undivided interest of the 

apartment owners in the common areas and facilities. 

 

 

 

 

 

 

 

 

Apartment 
owner not to 
be exempt 
from liability 
for contribu-
tion by waiver 
of the use of 
the common 
areas and 
facilities 
 

Common 

expenses to be 
a charge on 
the apartment 

(2) Where the apartment owner is not in the occupation of the 

apartment owned by him the liability to the common expenses 

payable in respect of such apartment shall be the joint and several 

liability of the apartment owner and the person in occupation of the 

apartment. 

19. No apartment owner may exempt himself from liability for 

his contribution towards the common expenses by waiver of the use of 

enjoyment of any of the common areas and facilities, or by the 

abandonment of his apartment 

 

 

 

20. (l) All sums assessed by the Association of Apartment 

Owners, but unpaid for the share of the common expenses chargeable 

to any apartment, other charges except only- 

 

 

 

 

 

 

 

 

 

 

 

(i) the charge, if any, on the apartment for payment of 

Government and Municipal taxes; and 

(ii) all the sums unpaid on a first mortgage of the 

apartment. 

(2) The Association of Apartment Owners may approach the 

Competent Authority with a request for recovery of amount lying unpaid 

for a period of more than 12 months and which is due towards the 

common expenses payable in respect of an apartment, and the 

Competent Authority, on being satisfied, shall take appropriate action for 

its recovery from the owner of that apartment as arrears of land revenue. 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

398 

Separate 

assessment 

 

 

 

 

 

 
 

 

 

 

 

Board to cut 
off, withhold, 
curtail or 

reduce 
essential 
supply of 
service 

 

21. (1) Notwithstanding anything to the contrary contained in 

any law relating to local authorities, each apartment and its 

percentage of undivided interest in the common areas and facilities 

appurtenant to such apartment shall be deemed to be separate 

property for the purpose of assessment of tax on lands and building 

leviable under such law and shall be assessed and taxed accordingly; 

and for this purpose a local authority shall make suitable regulations 

to carry out the provisions of this section. 

(2) Neither the building nor the property nor the common 

areas and facilities referred to in sub-section (1), shall be deemed to 

be separate properties for the purpose of the levy of such taxes. 

22. (1) If an apartment owner; 

(a) either willfully violates or evidently threatens to 

violates the provision of sub-section (1) or sub-section (2) of 

section 6, or .  

(b) fails to pay the common expenses, which are payable 

by him under this Act for a period of more than 6 months, 

 

 the general body of the Association of Apartment Owners 

concerned may, after giving notice of not less than seven days to such 

apartment owner, may pass a resolution to cut off withhold or in any 

manner curtail or reduce, any essential supply or service enjoyed by 

such apartment owner: 

Provided that such Association of Owners shall not take any 

action in. furtherance of the resolution referred to above unless a 

certified copy is sent each to the competent Authority and the 

concerned Apartment owner by registered or speed post and one 

month expires from the date of its being sent and its copy is displayed 

at some conspicuous place of the building. 

Explanation: It is clarified that the power to take action under 

this sub section shall not prejudice the other rights and remedies of 

the Association of Apartment Owners available under this Act or 

under any other law for the time being in force. 

(2) If an apartment owner is aggrieved by an action under sub-

section (1), he may prefer an appeal to the Competent Authority 

within a period of 15 days from the date of the receipt of the copy of 

the resolution, and the Competent Authority shall after affording 

sufficient opportunity to the parties pass such orders most 

expeditiously as he deems fit. 

 

Joint and 

several 
liability of 
vendor etc., 
for unpaid 

common 
expenses 
 
 

 
 
 
 

 
 
 
 

 
 
 
 

23. (1) Upon the sale, bequest or other transfer of an 

apartment, the purchaser of the apartment or the grantee or legatee 

or the transferee, as the case may be, shall be jointly and severally 

liable with the vendor or the transferor for all unpaid assessment 
against the vendor or transferor for his share of the common expenses 

up to the time of the sale, bequest or other transfer, without prejudice 

to the right of the purchaser, grantee, legatee or transferee to recover 

from the vendor or the transferor any amount paid by the purchaser, 

grantee or legatee or transferee thereof. 
(2) Any purchaser, grantee, legatee or transferee refereed to in 

sub-section (1) shall be entitled to a statement from the Board or 

Manager setting forth the amount of the unpaid assessment against 

the vendor or transferor, as the case may be, and such purchaser, 

grantee, legatee or transferee shall not be liable for, nor shall be 

subject to a charge for any unpaid share of common expenses against 
such apartment accrued prior to such sale, bequest or other transfer 

in excess of the amount set forth in the statement. 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

400 

 
 
 

Act to be 
binding on 
apartment 
owners, 

tenants, etc. 
 

CHAPTER–VIII  

Miscellaneous 

24. (1) All apartment owners, tenants of owners, employees of 

owners and tenants, or any other person who may, in any manner, 

use the property or any part thereof to which this Act applies, shall be 

subject to the provision of this Act and the bye-laws and the rules 

made thereunder : 

Provided that nothing contained in this sub-section shall effect 

the right, title or interest acquired by any allottee or other person in 

common areas and facilities from any promoter on or before the date 

of commencement of this Act. 

(2) All agreements, decisions and determinations lawfully made 

by the Association of Apartment Owners in accordance with the 

provisions of this Act and the bye-laws shall be deemed to be binding 

on all apartment owners 

 

Offence 25. (1) If any promoter, 

(a) transfers by way of sale or otherwise any land 

appurtenant to a building and such land was originally shown 

as common areas and facilities such as park, open space, path 

ways, circulation areas, etc. in the plan approved by the 

prescribed sanctioning authority, or 

 

  (b) illegally makes construction in contravention of the 

plan approved by the prescribed sanctioning authority beyond 

compoundable limits; 

he shall, on conviction, be punished with imprisonment 

for a term not less than three years which may extend to six 

years or with fine not less than three lakh rupees, which may 

extend to five lakh rupees or with both. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Offences by 

Companies 

Explanation: Above punishment shall not exonerate the 

promoter from his liability to restore the status of common areas and 

facilities as per the approved plan. 

(2) Notwithstanding anything contained in the Code of Criminal 

Procedure, 1973 it shall be lawful for a Metropolitan Magistrate or a 

Judicial Magistrate of the First Class to pass on any person convicted 

of an offence under this Act, a sentence of imprisonment or fine or 

both as provided in the relevant section of this Act, in exercise of 

powers under section 29 of the said Code. 

(3) If the owner of an apartment which is subject to the 

provisions of Chapter III contravenes– 

(a) the provisions of section -5, or 6 or 

(b) any bye-laws made under the provisions of this Act, 

he shall, on conviction, be punishable with fine not less 

than ten thousand rupees which may extend to Fifty thousand 

rupees and in case of a continuing contravention, to an 

additional fine which may extend to one thousand rupees for 

every day during which such contravention continues after the 

conviction. 

(4) No court shall take cognizance of an offence under this 

section, except on the written complaint by the board after a majority 

decision thereof and after obtaining prior permission of the Competent 

Authority in such manner as may be prescribed. 

26. (1) Where an offence under this Act has been committed by 

a company, every person who, at the time the offence was committed, 

was in charge of, and was responsible to, the company for the conduct 

of  the  business  of  the  company as well as the company,  shall  be  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

402 

 deemed to be guilty of the offence and shall be liable to be proceeded 

against and punished accordingly: 

Provided that nothing contained in this subsection shall render 

any such person liable to any punishment, 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 clause (1), where an 

offence under this Act has been committed by a company and it is 

proved that the offence has been committed with the consent or 

connivance of, or is attributable to any neglect on the part of, any 

director, manager, secretary or other officer of the company, such 

director, manager, secretary or other officer shall also 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 any body corporate and includes a 

firm or other association of individuals; and 

 

 
 

 

Control by 

State 

Government 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 

Exemptions 

 

 

 

 

 

 

 

 

 

 

(b) "director" in relation to a firm, means a partner in the 

firm. 

27. (1) The Competent Authority Shall carryout such directions 

as may be issued to it from time to time by the State Government for 

the efficient administration of this Act. 

(2) If in, or in connection with, the exercise of its powers and 

discharge of its functions by the Competent Authority under this Act 

any dispute arises between the Competent Authority and the State 

Government, the decision of the State Government on such dispute 

shall be final. 

(3) The State Government may, at any time, either on its own 

motion or on application made to it in this behalf, call for the records 

of any case disposed of or order passed by the Competent Authority for 

the purpose of the satisfying itself as to the legality or propriety of any 

order passed or direction issued and. may pass such order or issue 

such direction in relation thereto as it may think fit: 

Provided that the State Government shall not pass an order 

prejudicial to any person without affording such person a reasonable 

opportunity of being heard. 

(4) Every order of the State Government made in exercise of the 

powers conferred by this Act shall be final and shall not be called in 

question in any court. 

28. (1) Nothing in section 25 and 26 of this Act shall apply, if 

the promoter is– 

(a) a local authority or any other statutory body 

constituted for the development of land or housing; or 

(b) a company or a body wholly owned or controlled by the 

government created for development of land or housing or 

promotion of industry. 

(2) No suit, prosecution or other legal proceeding shall lie 

against the Government or any officer or other employee of the 

Government in respect of anything which is in good faith done or 

intended to be done by or under this Act. 

 



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

404 

Removal of 
doubts 
 

 
 
 

 
 

 
 
 
Power to 
make rules 
 

Overriding 
effect of this 
Act 

 

29. For the removal of doubts, it is hereby declared that the 

provisions of the Transfer of Property Act, 1882 (Act No. 4 of 1882), 

shall, in so far as they are not inconsistent with the provisions of this 

Act, apply to the transfer of any apartment, together with its undivided 

interest in the common areas and facilities appurtenant thereto, made 

by the owner of such apartment, whether such transfer is made by 

sale, lease, mortgage, exchange, gift or otherwise, as they apply to the 

transfer of any immovable property. 

30. The Government may, by notification in the Official 

Gazette, make rules to carry out the provisions of this Act. 

31. (1) The provisions of this Act shall have effect, 

notwithstanding anything inconsistent therewith contained in any 

other law for the time being in force; 

 

 

 
 
 
 

Power to 
exempt 
 
 

 

 
 

 

Removal of 
difficulties 

(2) Save as otherwise expressly provided in sub-section (1) the 

provisions of this Act, shall be in addition to, and not in derogation of 

any other law for the time being in force. 

32. If the Government is of the opinion that the operation of 

any provision of this Act causes any undue hardship, it may exempt, 

by a general or special order, any class of person or areas from the 

provisions of this Act. 

33. (1) The Government may, for the purpose of removing any 

difficulty, by a notified order, direct that the provisions of this Act, 

shall, during such period, as may be specified in the order, have effect 

subject to such adaptation whether by way of modification, addition or 

omission, as it may deem necessary or expedient: 

Provided that no order shall be made after a period of two years 

from the date of commencement of this Act, 

(2) No order made under this section shall be called in question 

in any court on the ground that no such difficulty existed or was 

required to be removed. . 

Repeal of 
U.P. Act no. 
50 of 1975. 

34.  The Uttar Pradesh Ownership of Flats Act, 1975 is hereby 

repealed. 

 

  



[The Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010]   

406 

STATEMENT OF OBJECTS AND REASONS 

Housing is a basic human necessity and the quality of the house as well as of 

its environment plays an important role in the growth of individuals, both physically 

and mentally. The widening gap between the rising urban population and the housing 

stock added every year has gradually reached such a critical stage that the problem of 

providing proper shelter and desirable standard of living seems very difficult to be 

solved. Moreover, majority of the citizen of urban areas of the State cannot think in 

terms of owing houses on individual basis because of the shortage of land in the urban 

areas. The efforts made by the Government as well as different agencies have not made 

much dent into the housing problem. 

Uttar Pradesh is predominantly an agricultural State; it is not advisable to use 

fertile lands more and more for housing purposes which ultimately will affect the 

production of food grains. It is essential that for solving housing problem economy in 

the use of land as well as in the use of capital investment should be observed, for which 

Group Housing development will have to be promoted. With a view to promoting the 

Group Housing, it has been decided to make a law to provide for the ownership of an 

individual apartment in a building of an undivided interest in the common areas and 

facilities appurtenant of such apartment and to make such apartment and interest 

heritable and transferable. 

The Uttar Pradesh Apartment (Promotion of Construction, Ownership and 

Maintenance) Bill, 2010 is introduced accordingly.