Indian Bare Acts



Year : 1986

(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any contract, undertaking or other instrument nd 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 provisions of this Act and the bye-laws and the rules made there under:

that nothing contained in this sub-section affect the right, title or interest acquired by any allotted or other person in common areas and facilities from any promoters on or before the 28th day of February, 1986.

(2) All agreements, divisions 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.

(1) The Central Government may, by notification in the Official Gazette, reduce or remit, whether prospectively or retrospectively from a date not earlier than the data of commencement of this Act,-

(a) The stamp duty with which, under any law relating to stamp duty for the time beeping in force, instruments or documents executed by or on behalf of a promoter, apartment owner or Association of Apartment Owners relating to any of the purposes of this Act are respectively chargeable;

(b) Any fee payable by or on behalf of any promoter, apartment owner or Association of Apartment Owners is relation to instruments or documents referred to in clause (a) under any law relating to registration of documents or to court fees, for the time being in force, and which the Central Government is competent to levy.

(2) The Central Government may refund the amount of any duty or fee paid in pursuance of any law referred to in sub-section (1) in such circumstances, to such extent and subject to such terms and conditions, if any, as that Government may, by order, determine.

For the removal of doubts, it is hereby declared that the provisions of the Transfer of Property Act, 1882(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.

(1) The Central Government may, be notification in the official Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) The purposes, other than the purposes specified in section 2, for which any multi-storeyed building may be utilised;

(b) The type of independent uses, other than the uses specified in clause (c) of section 3, which may be made of an apartment;

(c) The community and commercial facilities which may be included in common areas and facilities under sub-clause (vii) of clause (j) of section 3;

(d) The scales of composition fees which may be paid under section 8 for the breach of the terms and condition of any lease or sub-leas;

(e) The scales in accordance with which compensation, to be paid for the ejectment of an apartment owner from his apartment, shall be determined as required by sub-section (7) of section 8;

(f) The form and manner in which, and the period within which, an instrument referred to in clause (b) of section 9, shall be executed and registered;

(g) The form in which the Register of Deeds of Apartments under the Delhi Apartment Ownership Act, 1986 and the index relating thereto shall be kept and the particulars which such Register shall contain as required by sub-section (2) of section 14;

(h) Any other matter which is required to be, or may be, prescribed.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, or both Houses 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.
Last updated on April, 2016

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