24. Act to be binding on apartment owners, tenants, etc.—(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 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 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 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.
25. Power to exempt stamp duty, registration fee and court fees and power to refund.—(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 date of commencement of this Act,—
(a) the stamp duty with which, under any law relating to stamp duty for the time being 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 in 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.
26. Removal of doubts.—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.
27. Power to make rules.—(1) The Central Government may, by 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 conditions of any lease or sub-lease;
(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;
16
(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.