Chapter VIII Miscellaneous

1. (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 and all promoters, 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 rules and the byelaws made thereunder: Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by any allottee or other person in common areas and facilities from any promoter before the commencement of this Act.
2. (2) All agreements, divisions and determinations lawfully made by the Association in accordance with the provisions of this Act and the bye-laws shall be deemed to be binding on all apartment owners.

1. (1) If a promoter or an Association or an apartment owner contravenes any provision of this Act or the rules made thereunder, or commits the breach of any provision of bye-law of the Association or of the terms and conditions of the Deed of Transfer of Apartment, or does anything detrimental to the health or safety of the public, the Competent Authority may issue, either suo motu or on an application from any person affected, a notice to such promoter or Association or an apartment owner to show cause why penalty should not be imposed and if no sufficient cause is shown, the Competent Authority may impose for each breach or contravention, a penalty of maximum one per cent of the price of the apartment or one thousand rupees, whichever is greater, and a further minimum penalty for each apartment of one hundred rupees for each day till the breach or contravention continues.
2. (2) The penalty under sub-section (1) may be recovered as an arrear of land revenue in case a promoter or an Association or an apartment owner on which such penalty is imposed fails to pay such penalty within a time, as determined by the Competent Authority, not exceeding fifteen days.

No suit, prosecution or other legal proceeding shall lie against the Appellate Authority or the Competent Authority or any other person authorized by the Appellate Authority or Competent Authority for anything which is done or intended to be done in good faith in pursuance of this Act or any rule, bye-laws or order made thereunder.

The Appellate Authority, the Competent Authority and officers and other employees working under the Appellate Authority and Competent Authority shall be deemed to be public servant within the meaning of section 21 of Indian Penal Code, 1860 (Central Act No. 45 of 1860).

No court or other authority shall have, or be entitled to exercise, any jurisdiction, power or authority in relation to the matters for which Competent Authority or the Appellate Authority has, or is entitled to exercise, jurisdiction, power or authority under this Act.

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

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act.
2. (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 type of independent uses, other than the uses specified in clause (b) of section 3, which may be made of an apartment;
   • (b) the other community and commercial facilities under sub-clause (vii) of clause (i) of section 3;
   • (c) the percentage of non-residential use in a building under the second proviso of sub-section (3) of section 4;
   • (d) scales of compositions fee under sub-section (3) of section 7;
   • (e) the form and manner in which applications to the Competent Authority shall be made and the form and manner for endorsement on Deed of Transfer of Apartment under sub-section (5) of section 11;
   • (f) the form in which the Register of Deeds of Transfer of Apartments and the index relating thereto shall be kept and the particulars which such register shall contain as required by sub-section (2) of section 12;
   • (g) the form and manner of making application by the promoter for registration of the Association under sub-section (2) of section 13;
   • (h) the model bye-laws under sub-section (5) of section 13;
     • (i) the form and manner of application to be filed to the Competent Authority and the fee to be accompanied with such application under sub-section (3) of section 24;
   • (j) the matters under clause (e) of section 25, in respect of which the Competent Authority shall have powers of a civil court;
   • (k) the form and manner of appeal to be filed to the Appellate Authority and the fee to be accompanied with such appeal under sub-section (3) of section 26;
   • (l) the matters under clause (d) of sub-section (6) of section 26, in respect of which the Appellate Authority shall have powers of a civil court;
   • (m) any other matter which is required to be, or may be, prescribed.
3. (3) All rules made under this Act shall be laid, as soon as may be after they are made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which they are so laid or the session immediately following, the House of the State Legislature makes any modification in any such rule or resolves that any such rule should not be made, the rules 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 thereunder.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, as occasion may require, by order, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary for the purpose of removing the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) The provisions made by order under sub-section (1) shall have effect as if enacted in this Act, and any such order may be made so as to have retrospective effect from any date not earlier than the date of the commencement of this Act: Provided that no person shall be deemed to be guilty of an offence by reason of so much of any notification as makes any provision thereof retrospective to any date before the making thereof.
3. (3) Every order made under this section shall be laid, as soon as may be, before the House of the State Legislature and provisions of sub-section (3) of section 33 shall apply to such order mutatis mutandis.