tee dellii apartm&nt o~  'iershil' bill, 1986  (~ be/  s introduced in 10k sabha)1 - page (11) , line, 4- from hot ton:;-after "court" ir)~ert '-"fees" 2 page 2, line 36,-for "mav" read "may" 3 page 3, lids 9\-w n(j)1t read !i(i)" 4-• page ~ 1 ':-il e 7,-for "sol dor" read "scld 0rll 5 page 5, line 15,-for "become" rea~ ''becomes ii 6 page 8, line 3,-:for "owners" read "owner l1 7 pag0 8, line 5,-j after "of" ins~tl "the" 8 page 8, line 6,-for "owners" read "owner" 9 page 8, line ~1,-for " a ii !:!t§£" as " 10 page 9, line 32,-i'qr "in" read "to" 11 page 13, line ~2,-aft e:r "ac cordinglyl, --and it 12 page 1j, lihl 31,-insert ''the''  for  t'the_liegistra,rff-·re~caz:n,ecj bagi st:t:a:z-u- --::::-::;;,-= 13 page 14, line 42,-     , after iiassociation" in3ert -"of apartment o'!mers ll 14 page 14, line 44,-after n~sociationll ~rt "of ""pal't:nent u'w'riers tf 15 page 1lt~ lines 45 and 46,-16 page 15, line 16,-ac-pter itpi'ov1ded" ~nsert "forti 17 page 18, line 1 from bottom,-for t1detedm1!tejy  ~~  jideterm  -18 page 19, l1ne  26,- for_ t!sect:¥>n 3 ti read ,~'&ectionbj' 1~ page 24, line 2 frow bottoll,-,before,~·""·  insert"or" 1m,; dellii;  i , , ",  ci fflq ;dewli apartment ownership,bill, 1_  arrangbment of clauses chapter i puliminary c),aus1 short title; extent and commencement 2 application 3 definitions  chapter ii ownership herrrability and transferability of ap,am'mbn'l'84 ownership of apartments 5 apartment to be heritable and transferable 6 ownership of apartment subject to conditions 7 compliance with the covenants and bye-laws 8 right of re-entry 9 purchasers or persons taking lease of apartments from apart ment owners to execute an undertaking 10 benamidar of the apartment to be deemed to be the real owner 11 certain works prohibited 12 encumbrances against apartment!!  chapl'er iii dad of apartment and its registration13 contents of deed of apartment 14 registration of deed of apartment  chapter iv a~sociation of apartment owners and bye-laws lor 'the regulation of the affairs of such association15 association of apartment owners and bye-laws relating thereto 16 insurance 17 disposition of property, destruction or dama,e 18 action  chapter v common profits, common expenses and other matters19 common profits, common e~p'enses and other matters 20 apartment owner not to be exempt from liability for contribution by waiver of the use of ule common areas and facilities  clausis21 cqmm~n expenses to be a charge on the apartment ~ ,' 22 separate assessments 22 joint and aeveral uabil1ty of vendor, etc, for unpaid commgll expenses  chapter vi miscellaneous24 act to be binding on apartment owners, tenants, etc 25 power to exempt stamp duty registration fee and court and power to refund 26 removal of doubts 27 power to make rules  the delhi apart~t, ownership bill, 1986 a billto provide for the ownership of an individual apartment in a mu!ti $toreyedbuilding and of an undivided interest in the com,mon areas and facilities appurti-onant to such apartment and to make such apart ment and interest her~table and transferable and for matters connected therewith or incidental thereto w~s with a view to securing that the ownership and control of the material resources of the community are so distributed as to subserve the co:rimon good, it is expedient to provide for the ownership of an individual apartment in a multi-storeyed building and of an undivided 5 interest in the common areas and faciliti£'s appurtenant to such apartment, and to make such apartment and interest heritable and transferable and to provide for matters connected therewith or incidental thereto; ~e it enacted by parliament in the thirty-seventh year of the 'republic f)f india as follows:- c}lapter i puumlnary1 (1) this act may be called the delhi apartment ownership act 1986 (2) it extends to the whole of the union territory of delhi short tit/e extent add commencement 15 c3> it'shall come into force on such date as the administrator may, by notlftcation in the oftieial gartte~ appoint ' appliea tion 2 the provisions of this aet shall apply to finery apartment in a multistoreyed building which was constructed mainly for residential or eommercial or such other purposes as may be prescribed, by-(a) any groap housing co-operative society; or (b) any other person or authority, 5 before or after the commencement of this act and on a free hold land, or a lease hold land, if the leath! for luch land is for a period of thirty yeal'8 or ~ore: provided that, where a building constructed, whether before or after the commenceme:tt of this act on any land contains only two or three 10 apartments, the owner of such building may, by a declaration duly executed and registered ander the provisions of the registration act, 1908, 16 of 1908 indicate his intention to make the provisions of this act applicable to such building, and' on such declaration being made, such owner shall execute and register a deed of apartment in accordance' with the pro- 15 visions of this, act, as if such owner were the promoter in relation to such bail ding 3 in this act, unless the context otherwise requires,-definitiona (4) "administrator" means the ~drnini~trator of tl,e union territory of delhi appointed by the president under article 239 of flo the constitution; (b) "allottee", in relation to an apartment, means the person to whom such apartment has been allotted, sold or otherwise transferred by the promoter; (c) "apartment" means a part of any property, intended for any 25 type of independent use, including one or more rooms orencloled spaces located on one or more floors or any part or parts thereof, in a multi-storeyed building to be used for residence or office or for the practice (if any profession, or for the carryin(! on of any occupation, trade or business or for such other type of independent use as may 30 be prescribed, and with a direct exit to a public street, road or highwav, or to a common area leadin~ to such street, road or highwav, and includes any garage or room (whether or not adiacent to the multt-storeved bui1<1ing in which 'such apartment is locllted) provided by the promoter for use by the owner of such apartment for 35 pat'ktnll' anv vehicle or as the case mav be, for the residence of any domestic aide employed in such apartment; (d) "apartment number" means 'the number, letter or combination thereof, designating an apartment; (e) "apartment owner" means the person or persons owning an t) apartment ,and an undivided interest in the common areas and facilities appurtenant to such apartment in the percentage specifled in the deed of apartment; j1 (f) '4association of apartment owners",-: m in relation to a multi-storeyed building not failhy, within f5 sub-clause (ii), meal'i, ail the owners' of ths wpartl1'lertt,'thfrein: , (ii) in thee  , of "thil·tnulti-iforeyfd· 6uildli'l" in any area, delignated as !l bl~~,  p;oek!t  or ~~~e~~, n:l~' 11 th own  of the apartment's iii- men block, pocket or other designated ar  , aettjir as a' groap 'in acco~anc~ 'witli' the bye-la~s; 5 " (g):"'authority": includes ahy authority constituted qi'  tablilhed by or under any law for the time being in force; (h)"board" medl the board' of management of an ahoctatton of apartment owners elected by its members' under the bye  1aws; (j) "bye-laws" means the bye-laws made under this act; 10 (j) "common areas and facilities" in relation to a multi-storeyed buuding, means-(i) the land on which such building is located and all easements, rights and appurtenances belonging ~o the land and the b1lildillg;'    t: ~ (t;) the foundations, columns, girders, beams" supports, main walls, roofs, halls corridors, lobbies, stairs, stairways, fireescapes and entrances and exits of the building;  , (iii) 'tne j?as~ents cellars, yards, gardens parkin~ ,~ea5,  shopptng centres, schools and storage spaces; 20 (iv) the premises for the lodging of janito~ 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, incinerating and sewerage; 25 (vi) the elevators tanks pumps, motors, fans, compt:e~rs, ducts and id general all app~ratus and installations existing for common use;'  (vii) such otfter community and commercialfaeilittes as may be prescribed; and (viii) all other narts of the property necessary 'or convenient to its existe  ':'t", maintenance and ·safety;' oj' nomtan, 1h - !' •• ~~on ~~;  (k) "common expenses" means-(i) all sums lawfully assessed against" the ap'artme~t owners 35 by the association of apartment owners for meeting the expenses of administration maintenance, repair or replacement· of the common areas and facilities;  '  (ii) expenses declared as common expenses by the provisions  'cjf 'thfr act or by the bve:lo~s, o~ agr~d' upon dy tde asjqciation 40 of apartment owners;  (1) "common profits" means the ba1anee of all incr)me rent!!:   nrnflbl and te~lles from- the common areas and rfacmtff'~  rem'amfng litter the df'd,ictfon of the· common ~nl'lesi ,  ("') ,~,""t iiiidiadty"  ,_   ~ (i)··~~retaryh:'" '0,  a~:  ~ \,: ,:  ; ":' r  '        i                                              !' •• (ii) die vke-~  of die deiiii detelop  4at11ority, or (iii) die lii  de\'eioplnejlt· 0fticer 0( tile ceatnl govii'd-"        ~               i                      ~  : ii'int                                                                                                                                                                                                                  :, '                                                                                                                                                                                                                                                                                                                                                                  s w  , be  u:slaed by tilt ad"""""",: by aoflftalloa hi tile 011  guecte, to" tile· fade of 1iie coiiipeteat mifiioitty  dill ~c;      (n) "deed of apartment" means the deed of apartment refer· red to in section 13; (0) "delhi" means the union territory of delhi;                                                                                  10      (p) "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;         (q) "limited rommon areas and facilities" means th()5e· common    areas and facilities which are designated in writing by the promoter is  ,, before the allotment, sale or other transfer oj any apartment as re-   served for use of certain apartment or apartments to the exclusion of    the other apartments;      (r) iimanager" means the manager of an association of apart- iw ment owners appointed under the bye-laws;                                                                                (i) umulti-storeyed bailding" means a building constructed on any land, containin~ four or more apartments or two or more build-i:"'gs in any area designated as a block pocket or otherwise, each contairifng two o,r more apartments, with a total of four or more 25 apartments in all such buildings, and includes a bui1din~ containing two or three apartments in respect of which a declar~tion has been made under the oroviso to section 2;                                                                       (t) "owner", in relation to an apartment,                                                                  inc~udes for the purposes of this act, 'a lessee of the· land on which t}:le, ~ui1din~ con- 30 taining such apartment has beep construeted, where the lease of such land is for a period of thirty years or more;     (u) ioperson" 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) ilpromoter" means the authority, perlon or co-operative ~s society, as the crose may be, by which or by whom any multi-storeyed building has been constructed;      (x) "property" means the land, the mlllti-storeved buildin!! all improvements nnrt stnlc'tures thereon and all f'mementr rhthtr nnr! apnllrtenanc~ belonllinr;! thrreto !ln~ all ·artidejs of j)e~sonal' prtl1'i~rtv 40 infended for nip in rr,"n~ctjon therpwfth·                                                                                                    ' owaer· ship of apartmenta 4 (1) every pe~o~ to whom any apartment isauotted, sold or otherwise transferred by the promoter, on or after· the commencement of this 5 act, shall, save as otherwise provided in section 6, and 'liubject to the other provisions of this act, be entitled to the exclusive ownership and possession of the apartment so allotted, ~l dar otherwise transferred to him: (2) every person to whom any apartment was allotted, sold or other-10 wise transferred by the promoter before the commencement of this act shall, save as otherwise provided under section 6 and 'subj,ect to the other provisions of this act, be entitled, on and from such commencement, to the exclusive ownership and pos~ion of the ,apartment so allotted, 'sold or otherwise transferred to him 15 (3) every person who become entitled to the exclusive ownership and possession of an apartment under 'sub-section (1) or sub-section (2) shall be entwed to such percentage of undivided interest in the ct,mmon areas and facilities as may be specified in the deed of apartment and such percenta1e shall be computed by taking, as a basis, the value of the apartment in relation to the value of the property 20 (4) (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 \vithout the written consent of all the apartment owners; 25 (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 the apartment, even though such interest is not expressly menti~ned in the conveyance or other instrument 30 (5) the common areas and facilities shall remain undivided and do 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 (6) each apartment owner may use the common areas and faculties 35 in accordance with the parposes for which they are intended without hindering or encroaching upon the lawful rights of the other apartment o~ners ,' f - i  '  )' (7) the necessary work re~attng to maintenance, repair and replace  ment of the common areas and facilities and the making of any additions 40 or improvements thereto, shall be carried out only in accordance with the provisions of this act and the bye-laws   (8) 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 mauden-45 ance, repairs or replacement of any of the common areas or facilities therein, or accessible therefrom, or for making emergency repairs th",rein necessary to prevent damage to the common areas and f~cil1ties or to any other apartment or apartments ferab1e 5 subject to the p~vision-t~n-:e; eaeb aparlment, totbet wi:tb tlw uqdivid~d interest in ;the coiiux,loll ,are/is ,and facilltie'~dpw::tenant tosu~h~'aparhhent: skan;fof &if 'plirpo8u ·~oiititut  a 'a hefitab1e and tranefenable 'immoy8ble pro,ny withlb tlae·meaning ·of any law for the time, being in force,and accordingly an apartment owner may tranaler 5 his partment and the percentage of undivided intereit ·in the common ueas and' facilities appurtenant to sueh apartment by way of sale, mort-18ge, lease, gift, exchange or in any other mann'u' whatsoever 'in the' same manner, to the same extent and subject to the same rights, privileges, obligations, liabilities, idvestijatiolls, l~,pl proceedings, remedy and 10 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: provided that where the allotment, sale or other transfer of any apartment has been ~de by any group housing co-opentive society in 15 favour of any member thereof, the transferability of such apartment aad all-other matters shall be regulated by the law applicable to such group housing co-operative society 6 where any allotment, sale or other transfer of any apartment has been made, whether before or after the commencpment of this act in pursuance of any promise of payment, or part payment, of the conside- 20 ration thereof, the allottee or transf-eree, as the case may be, shall not become entitled to the ownership and possession of that apar~t or to a percentage of undivided interest in the common areas and facilities appurtenant to such apartment, uiltil full payment has been made of the consideration thereof together with interest, if any due thereon, and fl5 where any such allottee or transferee has been inducted into the posses~ sion of such apartment or any part thereof in pursuance of such allotment or transfer, he shall, until the tull payment of the consideration has been macle, continth! to remain in possession thereof on the same terms and coadi,tianson which he was so inducted into possession of such apart- 30 ment or part thereof  compliaace with the coveeadts  bye-1awi  ''7 each apartment owner shall comply strictly with the bye-olawb and with the covenants, conditions and restrictions set forth in the deed at apartment, and failure to comply with any of them shall be a ground 35 for action to recover sums due for damages, or for injunctive relfef, or hoth by the manager or board, on behalf of the association of apartment owners, or, in a proper case, by an aggrieved apartment owner bilbt of re-ente, 8 (l) where any land is given on lease by a person (hereafter in this action' referred to g the lealol') to another perlon (hereafter in· this ·-etten t'eferred·to as the le •• e, which arm shall irlc1ude a person 1n ~ wh8fie:favour a sub-lease of such land has been "rltnted), and any multi-"yeti building has been constructed on suchleue-hold land by the i  'or by any ather person ,authorised by him or claiming thro"gl"l 'him, moh -lessee shall fant· tn respect of the land 8'11 many sub-leues r: al there are apartments in such multi-storeyedbuildmgand shall execute 4a separate deeds of sub-lease in respect, of such umd iii favour of each apartm~t owner~-:-(4) in the case of a multiostoreyed building constructed' before the' commencement of this act, within three months from such comniencement~ or 5 (b) in the case of a multi-storeyed building consu-ucted after the commencement of this act, within three months from the date on which, the possession of any apartment in such multi~toreyed building is delivered' to him:   j 0 provided that no sub-lease ~ respect of any bnd shall be granteci except on the same terms and conditions on which the lease in respecl 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 is (2) where the lessee has any reason to suspect that tht:re had· been any breach of the terms am~ conditions of the sub-lease referred to 111 sab-section (1), he may himself inspect the land on which the multistoreyed building containing the concerned apartment has beeh constructed" or may authorise ane or more p~rsons to inspect such land and 20 make a report as to whether there had been any breach of the terms and conditions of any bub-lease in respect of such land and, if so, the natlll'e  and extent of such breach, and for this purpose, it sha1l be lawful fo~ i 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 suspeeted to 25 have been committed (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 findlngs on such inspection [a true copy of which shall be furnished to the apartment owner by whom such breach of the terms 30 and conditions of sub-lease in respect of the land appurtenant to the apartment owned by him has been committed (hereinafter referred t~ as the defaulting apartment owner)] and where such ftddings indicate that tht!re had been any breach of the terms and conditions of the sublease in respect of such land, the lessee may, by a notice in writing, 35 require the defaultijig apartm:ent owner to reftain from comniitting 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 40 (4) the defaulting apartment owner w~o is aggrieved by any nouce 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 j01dge having jurisdiction (hereinafter referred to as the district court), either challenging the finding of the lessee or any 45 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, confinn, alter or reverse those flndings or may confirm reduce or increase the amount of c:omposition fees or set aside the' notice (5) where, on the breach of any terms and conditions of any sub~lealm! in respect of any land, any composition fees become payable,· the defaulting apartment owners shall be deemed to have been guilty of such breach and in default of payment thereof it shall be lawful for the leuee to recover the amount of composition fees from the defa&iltin, ~ apartment owners as an arrear of jand 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 highel' court on appeal, no fw-ther action shall be taken by the lessee lor the breach of the terms and conditions of the sub-lease in respect of the land in relation to which payment of such 10 composition fees has been made (7) if the defaulting apartment owner omits or f~ to refrain from committing any breach of the terms and conditions of the sui)lease in respect of the land or, as the case may be, omits or fails to pay the 15 composition fees in lieu thereof-(i) in accordance with the notice issued by the lessee under subsection (3), or (ii) where the findings of the lessee or the person authorised to inspect the land about any breach of the terms and conditions of any 80 ~ub-lease 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, "5 the lessee shall be entitled,-(a) where no appeal bas been preferred under sub-section (4) within sixty days from the date of service of the notice under subsection (3), or (b) where an appeal has been preferred under sub-section (4), so within sixty days from the date on which the appeal is ftnally disposed of by the district court or, where any further appeal is preferred to a higher court, by such higher court, to e:xercise the right of r~ntry in respect of the undivided inter;est of the lessee in the land appurtenant to the apartment owned by the default- s5 ing apartment owner, and where such right of re-entry cannot be exercised e:xcept 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 defaultin~ 40 apartment owner has been paid by the lessee such amount a 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 45 nouce 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 s:rlbcient cause bein, shown, either reniit or reduce the amount of such deposit, and the tnterest accruinr  on such deposit, shall enure to the credit of defaulting apartment owder by whom such deposit h been made: 5 provided tarther 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 accordan~ with the decision in such further appeal 10 (9) the defaulting apartment owner, who is aggrieved by the amount offered to be paid to him under the prov" to sub-section (1) as compensation for ejectment from his apartment may, within thirty days froil' the date of such offer, prefer an appeal to the district court and the district court may after' givjng the parties a reasonable opportunity 0: 15 being heard, maintain, increase or reduce the amount of compensation (10) on the ejectment of the defa;jltfng apartment owner from the apartment undel' sub-section (7) the le!lsee by whom such ~j~ment has been mde may make a fresh allotment of the concerned apartment to any other person on such terms and conditions as he may think fit: flo provic:ted that the consideration for such fresh auotment shad not be more than the amount which has been paid to the defaulting ilpartment owner as compensation  (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 ~5 sub-section (7), the lessor may in the first instance, require the leuee by a notice in writing to take action against the defaulting apartment i)wner under sub-section (2) or sub-section (3) or, as the case may de, uncler 'suli-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 30 lessee to do 80 within such period, the lessor may himself take actien as contained in sub-section (2) or sub-section (3) or sud-section  (7) and the provisions of sub-section (4) in sub-section (6)' and sub-section (8)   to,sub-section (10) shall, as far as may be apply to any action taken by him 9s if sueh action had been taken by the lessee s5 (12) for the removal of doubts, it is hereby declared that no wort 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 multistoreyed building containing such apartment has been constructed unless the work 1'8 prohibited by section 11 of 1955 of 19159' of 1980 40 e~lclnation-in this section ccappro~ bank" means· the state bank· of india constituted uilder section 3 of the state bank of india act 1955 or a subsidiary bank constituted under section 3 -:1t the' state bank of· india (subsidiary banks) act 1959 'or a corresponding new bank con-"'tituted' under section 3 of the banking companies· (acquisition and 45 trar,tsfer of undertakings) act, ~970 or a corresponding new bank cod-·· stituted under section 3 of the banking compani(t$' (acquisition , 'rral\sfer of 'o'ndertaldnp) act, 1980 • n~~~~~iaj)didg ,anything contained· in the transfer of ·property act, 1~ or, in any oth~ law for the time being in ,force, any ,pcf80jl ~cquiring any apartment f1:pm a~ apartnle~ owner by gift, exc;baoge, purchase or otherwise, or talting lease of an, apartment from an apartment owner for a period of thirty years or more, shall,-5 (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 a~d within such period as may be prescribed, giving an ,undertaking to comply with the covenants, conditions' and restrictions, iii subject to which such apartment is owned by the apartment owner aforesaid ' purchasenor persons tak1nt lease ofa,arimenta from apartment ownel'l toexe-('ute an undertakinr· ~nmi­duot the apartmentto he deemed to be the real owner to if any apartment is acquired by any person, whether by allotment, s~e or otherwise with the consideration thereof paid or provided by another pers!)n, tlle~ acquirer shall, notwithstanding anything, contain- , s 40f 1182, ~ in the transfer of' property act, 1882, or in the in4ian truste act, 1882 201 188t or in any other law for the time being in force be deemed to be the real 0wtler of su~ aparti;!)ept, and no court shl1 ente~in any cbim of the person paying or providing such col1sideration for title to such apar;tment on the gro~nd t~t, the  acquisition of the apartment was made ~o on dehalf of such person or oj1behjlf of $omeone through whc;nll such person claim's certain worb prohibited 11 no ap~t owner shall do any work which would be prejudicial to the soundness or safety of the property or reduce the value sis thereof or impair any easement or hereditament or shall add any materi,alstructure or excavateny additional basement or cellar without first obtaining the consent of all the other apartment owners el:"p~a:'!-~tion-in this 'section, reference to apartment· owners shall be constru,l!d, in t:elation to a multi-storeyed b,uilding in any block,30 pocket or other designated a~  the apartment owners of the' concerned multi-storeyed building in such block, pocket' or other designated area ' encumbrlldcel against apartment 12 (1) the owner of each apartment may create any encumqj;ance, only against the apart~~nt owned by him and the percentage of the undiviq,ed interest in the,,' common areas and facilities appurtenant to 35 such apartment in the saille 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 enculy)brance is created, the apartment in relation to which such encumbran~ has beencreatedshaunotbe 40 partitioned or sulhtivided ' (2)n~ labour performed ot;, material furnished with the c~n~tt or at the reque'st, of an apartment owner or his agent or'his eontractor or suh-contra'ctbr, shall be the basis for a charge or any encumbranee u~~ the pmv{si~ris ' of  the transfer of ~eriy ~~t, 1882,' ag~~t, t~e' ~- +s 4011a1! m~t or ~ropert~of any other apa~~t owl!er not ~ly co~sentjng'to, or requesting, ,the same, except t~~,!!uch ~ «;'o'd,sent  han, be deemed to' be given by the other ~partrnent owner in the case of emergency 'repairs' the~tot  ,' " ' "  ;  ,   ~,  : , (3r the labour performed and material 'furnished for the commcm areas and facilities, if duly authorised by the associa~ion of apartment owners in accordance with the provisions of this act, or the bye-laws, shall be deemed, to 'be performed or furnished with the expnss consent of each 5 apartment ownerand shall be the basis for a charge' or eneumbrance uqder the act aforesaid alainst each of the apartments and shall be subject to the provisions of sub-section (4) (4) in the event of a charge or any encumbrance against two or :moreapartments becoming effective, the apartment owners of the 10 separate apartments may remove their apartments and the percentage of undivided interest in the c~mon 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 s~~h payment, the apartment and the percentage of unt 5 divided interest in ' the common' areas and facilities appurtenant tl1eretcshall 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 encumbrances from proceeding to enforce the" rights, in relation to the amount not so paid, asainst any other 110 apartment and the percentage of undivided interest !n the common areas and facilities appurtenant tc? such apartment (5) on any such payment, discharge or other satisfaction, referred to in sub-section (4) the' apartment and the percentage ·of undivided i~terest in the common area's and facilities appurtenant' thereto shall be 115 free and cl~r of the charge or encum branee, so paid satisfted or cjischarged,  " r ,- ~,,  chapter til oem rof apalltment and its registration13, (1) whenever any allotmen( sale or qther transfer of any 30 apartment is made, the promoter shad,-coar1'5 of deed of apartmeat (0) ie the case of an allo~ent, sale or other transfer made after the commencement of this act, within three months from the dete of such allotment, sale or other transfer, or (b) in the case of· any allotment, sale or o~lter transfer made ~j5 before the commencement of this act, within six months from the date of such commencement; execute a deed of apartment containing thf' fouowin, partiowal'l namely:-(i) the 'name of ' the allottee, 40 (ii) description of the land on ~hich the building and the common ~rea!l and faciuties are ,located; and whether the land is 'tee-, ho~d or lease"hold, ,and if lease-bold, the period of such lease, (ie)_ set 'of ftoor 'plans at the' multf-storeyed building showing the lay-out and 'location, number of apariri-tents and bearing a verified 45 ',stafitmentof an arcltiteet certifying' that it is an accurate, copy of tm portions of the plans of the bui1<1i~ig as fti~~ wjth" a~d approved by, the' local authority wtthfn the jurisdiction of wjlieb the bund~ ins is 1~1tect,   - (iv) description of the multi-storeyed building, stating the number of storeys and basements, the number' of apartments in that building and the principal materials of which it is constructed, (v) the apartment number, or statement of the location of the apartment, its approximate area, number and dimension of rooms, 5 and immediate common area to which it bas access, and any other data necessary for its proper identifica~on, (vi) description of the common areas and facilities and the percentage of undivided interest appertaining to the apartment 1 the common areas and facilities, 10 (vii) description of the limited common are8$ and facilities, if any stating to which apartments their use is reserved, (viii) value of ~he property and of each apartment, and a statement that the apartment and such percentage 01 undivided interest are not encumbered in any manner whatsoever on the date· of exe- 15 cution of the deed of apartment, (i,r) statement of the purposes for which the building and each of the apartments are intended and restricted as to use, (x) the name ·of the person to receive servi~e of process, together with the particulars of the residence or place of business of such 20 person, (xi) provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair,  restore or sell the property in the event of damage or destruction of all or any part of the property: 25 provided that the competent authority may ;f it is satisfied that the promoter was prevented bv sumcient cause from executing the deed of apartment in relation to any npartment within the period of three months or six monthc; as the case may be permit the promoter to execute such deed of apartment within such further perm3, not exceed- 30 ing six montm as it may specify - (2) the pl'odloier shall-(a) flje in the ofrce nf the competent authority, and (b) tleliver to the eoncemed allottee or transferee as the calle 'may 1te, 35 iij rerfiftn coyly of each deed of apl'tmetlt " red_tered under rrtion 14 (3) whenever any trarlsfer of anv apartment i!': made by the owner thereof whether by sale lease mort~age exchauq'e gift or otherwise fhe transferor shall deliver to the transferee the certified cody of the])ee(f 40 of apartment delivered to him under sub-sectfon (2) after ma~ an pndorsement thereon as- to the name ·addreb!l and other particulaft of the transferee, to enable the transferee to ·flettb~ endorsement on the certifted copy of the deed of, apartment registered 'in accordance with the provisions of se('tion 14 f5 (4) whenever ady succession takes plac:e to any apartment or plirt thereof, the successor abail, within a period of six moaths from tlae date of sucla succesliiod, make ad applicatiod to the competent authority for reeorciidc such sliccession on the certified cupy of the deed of apart s mellt in relation to the concerned apartmejit, and, if there is uy dispute  to tbe aluccesuon to the apartment, the competent authodt)' shall decide tbe same, add for this purpose, such authurit)· shall have the powers of a civil court, whue tryidl a suit, add its decision shall have etfect of a decree add shall be appealable as if it were a decree 10 passed by the principal civil court of oripnal jurisdictiod (5) whelleyel' y ~ 10 -apwtmeat  aecorded , tile competent authority under sub-section (4), such authority shall sead a true copy of such reeord, to the concerned registrar for reclsuatioa thereof in accordance with the provisions of section 14 15 (6) for the removal of doubts, it is hereby declared that the pro visions of this section shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force, relating to the transcaf of immovable property 1'- (1) every deed of apartment and every endorsement thereon reeistration of deed of apartment 20 relating to the transfer of the apartment shall be deerred 10 be a - document which is compulsorily registrable under the reg:stration act, 1 of 1808, 1908 and shajl be registered with the registrar ilccordingly, and words and expressions used in this section but not defined ~n this act shall have the meanings l"espectively assigned to them in the r~gistra!ion act, 25 1908 (2) in all ~egistration ottifes, a book called "rpg'ster 'of deeds of apartments under the delhi apartment ownership act, 1986" and, an index relating thereto shall be kept in such form and shall contain such particulars as may be prescribed 30 (3) whenever any endorsement on a deed of aportment is registered, the registrar shall forward a certified copy thereof to the competent authority to' enable that authority to make necessary entries in the certified copy of the concerned deed of apartment filed with it under sub-section (2) of section 13 'l5 (4) a'"1y person acquiring any apartment shall be deemed to have  notice of the contents of the deed of apartment and the endorsement, if any, thereon :is from the date of its registration under this section  chapter iv association of apartment owners and bye-iaw3 for '!'hi: ugtjla'i'lojll of the affairs 01: such associatjon40 15 (1) there shall be an association of apartment owners for the administration of the affairs in relati',m to the apartments and the property appertaining thereto and for the management of common areas and facilitial:  '  association of apartment owners and bye-laws relating thereto 45 provided that where any area has been demarcated illf the construction of multi-storeyed, buildings, whether such area is called a block or pocket or by any other name, there shall be a ~ineje association of apartment owners in such demarcated area (2) the administrator may, by notification in the o8ldal gut~tle frame model bye-laws in accordance with which the property referred to id sub-section (1) shan he administered by the associadod of apartment owners and every such association shall, at its first meetina, make 5 its bye-laws in accordance with the model bye-laws so framed, aad in maid its bye-laws the associatioll of apartment owners shall d~t make any departure from variation of addttion to, or omission from tile model bye-laws aforesa:d ~eept with the prior approval 01 th~ ad-inistrator add do such approval shan be jiven if, in the opinidd of 10 ~ aia?ti"ator;' sue  departure, variatiop, ~ddition or om_en will _ve the effe-=t of altering the basic structure of the model bye-laws !rallied by him   (3) the model bye-laws framed under sub-sedion (2) shall provide for the follow,ing, among other matters, wunely: - i (a) the mannpr in which the association of apartment owners is to be formed; (b) the election, from among apartment owners, of a board of mbwlgement by the members of the association of apartment ownej'sj ' •• (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;' (el) 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 memben of the ~; i (g) the powers of the board to engage the &emcee· of a manager; i  i  ~ (h) deleaation of powers and duties of the board to such 30 l\ianager; (i) method of calling meetings of the asiot"iation of ap,artmenl owners and the number of members of such association who s}lall constitute a quorum for such meetings; (j) election of a president of the association of apartment 35 ownen from among the apartment owners, who shall preside over the joeetinp of the board and of the association of apartment owners' ' ,  i , , i  _ - (k) election of a secretary to the ass~iation of apartment owner from amona the apartment owners, who shall be an u 40 officio member of the board and shall -keep two separate minutes books, one for the association and the other for the boani, pages of each of which shall be consecutively numbered and -al1thenti catcl by the president of the asaociatiq~1 and, aball ~,~jj) the respective mil,lutes boob, the resolutiolu adopted by the- atsaela~ 4s tloaor, the~:doud, as the -case ·may be;  tl) eieetion of a ,treasurer from idloili the apa!  , cnrurt, ,;~ ih81l·keejt 1be' ftfta1lewrecfjids 'of' the aiboclauon ~ "apartment owriers  also ·of·th  ~;  (17') mai~j18nc~ repaili,~ - rep~ment otthe commoa area and lacilities and payment therefor;  (n) manner of collecting trom the apartment owners or ally 'qtber"oqcl\lpmt o,pattmen~,ibar·of the common e~; (0) resignation and removal of pttr,ds employed for the, jiiaii1 tertance, repair and replacement of the eonurion flrebs andtaelntlm; , (p) 'rttici~ "with rtjprd, \ ~ the use and maintaqmoe of 10 "~,)aj8l'tmelda ,ncllule ~·,o;\be, oqiiuiloil  ,and fwues,  ·may  be ~liary t~hp"ttvjqt ~bl"~ee ill the ,·use ·of ,each,,·apart~t  _ of ,tbe,caiuiloq ,areal and, facj11iu by the several ·,apertment owners; (q) any matter which may be required by the adminiitrator· 15 ~,be provided in the, bye-law for the proper or better adminitration of the property; , (1) such other matters as are required to be, or may' be, pnmd  'ed for in the bye-iaws 110, ,(4) the b~law • framed  wt4«·s\lb-lec:tion (2) may also ,contain provisions, not inconsistent with tbia act,-(a) enabling the board to ~tain certain areas of the building for commercial purpos81 -and- to arant lease of the areas so r~ed and, to apply the proceeds of sudl leue for the reduction of the common expenses for maintaining the building, common -reu and facilities, and if any surplus is left after meeting such expeni8i, to distribute such surplus to the apartment owners as income; (b) relating to the audit of the accounts of the aasociation of :a)a1'tment owners" and· of the board, and of the administration of :the· property; " ji(c)apec;ij)'ing,  tbe,~atf!whic~bdclthe ljlbill1er in "which ,adn~l geqe1'al-m~(~~  neral,mee<tings of· the ameelation of apartment, ~er'i ahtll lle"hel4 and conductedj  :(d)spectfyirtg the, time at which and the ~er in which, the 35 ;' j miilual-report relating to the aethtities of the association of apart  met owners· shall be su!xoitted; , (e) specifying the manner in which the income derived and '; ';', tu~ -illclh'rt"ciby;·t1aa ~tion of" apartment- ownerw' ahall ,,:bfa"dea1t,'witb, or· all the 'i888;may' be, ',8ccowlted for 40 11  (l)' the,bq8l'd or:~m;"nager-insuraee 'i,:, i; (a) ,shad have, it • iettuebt'iedo ·to do by·a mortgagee haying a first mortgage covering an apartment, the authority to,' and (b) shall, if required so to do by the bytt-1aws or by a majority : , d~~  pilt'rtm8ilt '~wi'l~, , q·;~h~~ ~~ ,tqr :~,;~{rpft"tf,m~t~ ~,~ pl,·~ or other huards under luch terms and for su~ ,amol1n1:l as ,shall, be ,0 requatted or required   ,(~) such insurance coverage &hap ~ writte~ on the property in the ilihij of such"~d or· mahager lui' trustee' tor eacb of the' 'apartment : owners in the percentages speci&8 in the bye1aws \" i ~ (3) the premia paya~l~ in respe~ of eveti such i:rtsurance shan be common expenses , ,' ', 1" 'i - 5 ii \ (4) the provisioilb' o'i sub-aeeuo~ (1) to ~3) ~ban be witholit prejudice to the right of ea~h\ of the aparfinent \ &wner ~m irtnre hisl own - - r' ' , i ap,artment for his bfnefit,, "'~:i': "~! ,;' ','~ , dispositionof property, destruetionor damale , i r' \ ~ i, " \ i " \ , - i,  :  iii -  , 17:, ~f within sixty da~~, of the dfte of dama~: or destruction, to: all, or part of any property,  ril within such furthet' 'tfirne' as the competent ie aulilodty may,~i·having ~ to the· circum~esof th~ case,'allow, the association 'of apartu1eftt' owders~~c:wes no1f1 detennine to repair,   " 1-"  ,reconstruct or rebuild such property, theri, 1plid: tn· that event,-' ', i 1 ,,' "':1 :' :, '~~ (a) the properi) shall be~ ~eemed'~ be o~ned ip common b~ the apartment own,s;  " ' 15 ! ~ (b) the undi~ded interest in the w'dperty owned ,in, comnaob, which shall appertain to each apartment' owner, shau be the percentage of the undivided interest previously owned by sii~h owner in the common areas and facuities; "~ ~,   '  , 4 (c) any incumbrances '4f!ecting' any of the apartments shall be lio t,' deemed fq be tr,rlliferred ih accori:lah~ with tlie ~,xisting priority to the percentage ot~, the und~vided idteiest of the apartment owner in the property;' 'f  \ i - ~; " ~;~ ,(d) th£ pfoperty ~l be s~bject to an;, action foi:\ partitiqn atth, ,~uit of anx apartment 0wll~r 'ir which event, the net pro~ li5 of's8le together with the net proc of the insuranc,~ oil the property, if any, shall be'consid~ as one fund and shw be divided amongst au the apartment owners in the percen{a~ equal to the per~ ~ ,centage 9' undivided 14terest owned 'by ~ch apa,rtmert owner in the property after paying out, all the respective shares of the apart- :je ment ov'{llers to 'the  ~t suftlciept foi: the p~se and all charges on the undivided interest bl the proper~y own&! by each apartment owner ,~ ~ '" &' j ,\ , ~8 (1) without,p~ejudice· to tlie rigb4,pt any'- aparti!lent own  ' t ~tl0n may be broug;ht by tijboard or manager in eitb~r case tn the 35 'idiscretion of ~he ~arcl on behalf of two ()r·more of the apartmentownerl as ,their respective~rest may ''appear; with respect to any cause of action relating to the common areas and !~i1ities or 'p1llre than ona apartment    , , ~  '~ ~ ,~ , • j -,;_ (2) the service of process on two or more apar~menf ,owners in any 40 , 'action relating to the common areas and facilities or more thad ou ap8rtment may be made on the person, designated in the bye-lawl 'to· reee1ve service of process, i - "  ' - - r '  , , - ", 19' (i)' the common profits ot ~,property shall be diatrib~ted ~~~ and the common expenses shall, be charged to, the apartment owp~ 5 according to the percentage of the undivided interest of the apartllu!pi owners in the common areas and 'facilities i corptbo~  profits, ~~, , expeil-  lesand other matters  (2) where tbe apartment owner is not in the occupation of the apartment owned by him, the common, expenses payable by such ~p8!tment owner may be reeqvered from the person in the occupation •• of, the apartment ' -'20: no apartment owner ,may exempt himself from liability' for his eontrlbution'towards 'the common expeme by waiver of the· use of enjoyment of any of the common' areas and facilities, or 'by the a'bandod-ment of his apartment apartment owner not to be exempt from liability for eontribution by waiver of the uleotthe common areas anclfacilities , -15 21, all sums assessed by the association c1f apartment owners, but unpaid for the share of the common expenses chargeable to any apartment, shall constitute a charge on such apartment prior to all, other charges except only--common expenaes tobea chari'! on the apartment, (i) the charge, if any, on the apartment 'for,payment ,of govern-20 ment ,and, municipal taxes; and  (ii) all the sums unpai~ ot:! a first mortgage of the apartment '22 (1) notwithstanding anything to the· contrar'} contained, in any ~ law relating to local authorities, each· apartment ·and its pereentage of  undivided interest in the common areas and facilities appurtenant to menta, 25 such apartment (including an apartment in respect of which the provisions of this act were applied under the proviso to' seci;!on' 2) 'shall be deemed 'to be separate property for'the'purpose of assessment of tax on i8nds anc! buildings leviable under such law and' shall be ·uspssed and taxed accord- ingly; and for this purpose a local authority shall make suitable regula-3 tions to carry out the provisions of this section (2) neither the m1l1ti~oreyedbunding nor the p~perty" nor' the  cqmmon 'areas' and facilities' referr8d to" in sub-eection (l) ~ shall be deemed to be 'separate' properties 'fot the purpose of the levy of such taxes   " ,'" ",s":, joint  d i8ftral liabilitr ofveudor, etl:~_" unplill cod\~' expeti • 23 (1) upon the sale, bequest or,"other transfer of an apartment, the purchaser of the apartment or the grantee or legatee or the tran""', as the case may be;' staall <be' jutmly8l'ld '8pel'e1ly'liable" wlth,th venb or the transferor for all unpaid assessments against ilie vendor dr tradi-mor'for'his' shate'of'the'comrmm' ~'up"to the time of the:  l, 5 , bequest or other'tr8j'lifer, 'wtthoatprej\1ciiathotbe' right of the purchallr, grantl!!e' lega~'ot'traillferee:m"reecmll' from-the vendor or tt1rai; feror any amount paid by the' purebudr; grantt-e;' leptee or tl'ailiifea!ae therefor (2) any purchaser, grantee, legatee or transfe~ referred to in ulj 10 section (1) shall be entitled to a statement from the board or m8ft~ ger' aettblg forth the' amount 'of the unpaid assessment against the vendbr or transferor, as the case may be, and such purchawr, grantee, lellatee or transferee shall not be hable for, nor shall the apartment be bold subject to''cbargefgr allyunpawabar~ of'common expeasee·agllillst:8uch i~ apartdientaccrueci prior to:suoh _,beq1lelt or other transfer, in  of·the'limount set forth'ln the statement  chapl'er vi miscbllajm)usac!lto' ~,tiiftl!:' ina-' ' a~: 24 (1) the provisions of this act shall have effect notwithstanding 20 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 ~ 2s proyisions of this act and the bye-laws and tlje rules made thereunder (2) all agreements, divisions and dete~inatton!l lawfully made by the ~ation -at apartmrif owners' in" accordance with the provtstonl of ~ act anef the bye-laws ',ball be deemed' to 'br biriaing on all aoart ment owners, 301 25 ,(1) the central government may, by notification in the omelet rjtte, recfuee or' ~mit, 1ietfter p~tfvely ot refrosym!ctivaly frem a date not earlier than the date of ~~@n~c!ftt of this ad,-(a) the stamp duty with which; under any, law relatfnlf to stamp duty for the time being in force, instruments or doeuments 35, executed by or on bebalf of a promoter, apartment owner or auo dattmi' of'apa~t ·owtiets: relauiiw· to any of the 'ptirpo&es c1f this' a~ 'are respectf\t~fcl\~abl~; , pewerte exemjft stamp duty, repltre· tiollfee and court feiffpowlff"tis' refum!:' " '(b) any fee payabje by or oobehjlll,of my promoter,apartaeat owner or a8soeiation·of apal"atment owners in relation to instrument 40 or documents referred to in clause (a)' under an:v law relating' to !'egistration of documents' or t() court fees, for the time being in foroe, and which the central government is competent to levy, (2) the cf'nfnl govel'dldellt,"" ~ the, amnnt, 0( anp'1iaty 45 fit , ')taid- i  , )hii'ii  ee of any' jaw' l'ef'erni to' inl'u1meetion '(1) in  'flrc":zzh_ to -it  ·  ·  10 iiidt t  ~iicil, ~ ny 1\11'" gwehhiiem~ by ortier, " • for the removal of doubts, it is hereby dec1art'd that the provisiolli removal of the °transfer of property act, 1882, shall, in so far as they are not uf inconsistent with the provisions of this act, apply to the transfer of any 4oubta apartment, together with its undivided interest in the common areaso 5 and facilities appurwnant thereto, ~,by theow~; oof ·such apartment, whether such transfer is made by sale, lease, mortgage, exchange, gift or otherwi8e, as they ap,ply· to the 0 tran"er of any, immw'~ propert,: 2'1 (1) the central government may, by notificatiqn, in, the: 0ftwa1 power to 10 attte, make rules to carry out the provisions of this ac;f;: make rules (2) in ~ticular, and without prejudice to the ~~~r~~ ot ~ foregoing power, such rules may provide for all or any of the,followrm 'matters, namely: -0 (4) the purposes, other than the purposes specibed in section' 2, 15 for which any multi-storeyed building may be utilised; (b) the type of independent uses, other than the ~o spe~ in clause (e) of section 3, which may be made of'an ~~t~ ' ~o (c) the community and commercial facilities which, ~af ~ included in common areas and facilities under sub~la~ i (pit), of clause (;) of section 3; (d) the scales of composition fees which may be· pal ~ section 8 for the breach of the terms and conditiolll of·lioi1y lemit-w iu~leue; , • (e) the scales in accordance with which co~pensatl~ t;c, 'be paid for the ejectment of an apartm~n1: ~wner froi,t, his, a~~ shall be determined as required by su~secflo~ (7) at,~~ ~i~·  (,) the form and manner in which and the period within which, an instrument referred to in clause (b) of section 9, shan be ex:ecuted and registered; 30 (g)' the form in which the register of ~eeds of a~~e!lt under the delhi apartment ownership act, 1986 and the index relating thereto shall be kept and the particulars which such regijtei shall contain as required by sub-section 0 (2) of section 14; (h) any ooth~r m~tt~r wh~~h is req~red 0 to be or may be, prescribed 35 (3) every rule· made °under this aet shall be laal; as soon as my be after it is made, before each house of parliamen while  it is 'in session, for a total period of thirty days which may be co~pri~!!d i~ one session or in two or more su~cessive sessions, and if befqre the' expiry 40 o~ the session iillmediately following the session o~ the s~cce',8\ve session, aforesaid, ~th ljouses ~gree ip, m~ki~g  any modification , 0 ~ the rule, or both houses agree thl'lt the i1jie s~uldnpt o~ jl}fde, 0 the rule shall thereafter have effect only in such modified fonn or be of no effect as the case may be; so, however, that any such modification or 45 annulment shall be withuut· prejudice to the validity of anythln, previously' done unde'l' that rule  statement of objects and reasonsthe delhi apartment ownership bill, 1986 seeks to achieve the object uf enabling the conferment of heritable and transferable right in -an apartment including its proportionate and undivided interest in land and other common area's the scarcity of land in delhi because of very rapid urbanisation has led to a vertical growth of buildings multistoreyed residential buildings, integrated development of commercial mstitutional and industrial areas and flatted factories have resulted in a marked increase in the number of multi-storeyed buildings in delhi containing a number of apartments, 'sharing land and other common facilities in the case of fiats constructed by agencies like the delhi development, authority while the buper-structure is conveyed to the allottee, the land is conveyed to a registered agency and the allottees jointly which apart from separating the ownership of land and super-structures, interposes the registered agency id future transfers of properties in the case of cooperative societies, di1bculties are experienced in obtaining loans -in the absence of a mortgageable title in an apartment constructed on indivisible land, the title to which rests in the society the existing arrangements also involve the intervention of the government and iilmcies lib the delhi development authority in the litigation c:jr al8pute reprding management of common areas which arise between the leami and the buyers of the apartments the legislation therefore prop 11 to meet the persistent demand for statutory recognition of an 8piii$ilent as· a unit of property, capable of transfer and for a statutory oii'ip11isation clothed with adequate powers for management of common _ in multi-storeyed buildings new dam; abdul gjlafoor the 27th janv4f'y 1986;  prl!eldent's recommendation under articles 117 and 274 of the constitution of india[copy of letter no: j-2001118177-lii dated 10th february, 1986 ftom shri abdul ghafoor, minister of urban development to the secretary-general, lok sabha] the president, having been informed of the subject matter of the "ll'oposed delhi apartment ownership bill, recommends the int~oduction otihe-bill in lok sabha under articles 117(1) and 274(1) of the constitutionand recommends to the house the consideration of the bill under 'lrticle 117 (3) of the constitution  note on claueclczuse 2-this clause  specifies the ,killds of apartments to which the proposed legiuation, when enacted, wo~ld "be applicable clause 3-this clause defines the various expressions occurring in the bill "  "  , czaube 4-this clause confers right of exclusive ownership and pobr session of 8l\: apartment in a multi-storeyed b~ding to ~ person to whom the sajt1e has been allotted, sol~ or otherwise transfe¥ clause 5-this clause lays down th8t an apartment shall be heritawe, and transferable  - i , ( 01 'i clviuac:: 9-this clause requires a lessee or a transferee of ~ aparti ment to execute and have registered an undertaidng u1 writing ' ' , ~  e  ~  ~ cl4use lo-this clause lays down that the benllmidar 'apartment shall be deemed 'to be the real owner of the apartment ~ "  clause n-this clause prohibits making of any substantial chan~ by an apartment owner without first obtaining the consent of all the ~ther: apartment owners in a multi-storeyed building   ' ',' "~ clause 12-this clause enables an apartment owner to create encumbrances against his apartment clause 13-this clause requires execution of a deed of apartuumt in every case of an allotment, sale or transfer and also specifies the contents which such a deed shall contain clause 14-this clause lays down that every deed of apartment shall be compulsorily registrable clause 15-this clause envisages the forming of associatiods of apartment, owners and making and framing of bye-laws for the administration of affairs in relation to apartments and tlle mangement of common areas facilities  a - , awae i6-this clause deals with insurance of apartments liabssi l6is or damage by fire and other hazards clc&ube i7-'nus clause deals with dilposi~on of propetty' ift! the' -event of destruction or damage clause 18-thi$ clause enables the manager or board of man  , '~t' of 'an 'association to "take civil actions on behalf of two or more oapartment owners :~uiu8e 19~2thf~'~clause ~als wi~ the apportionment of common profits and expenses relating to apartments '~e 20-this <:1a'use lays down that an apartment owner '~not , be' ~pt from ulbility to pay ~xpenses for common areas and't8cl1it1es by waiver or abanddrunent of their use ~e rt1-'ntis· cliluse 'lays down that common expensesah8n be charged on the apartments , , c'uiuae' !2-'l1us dause lilys down that each apartment' shall be se-"p8tiite1y 'a~ 'for the purposes of 'taxes 'aaub~ 23-tms clause lays down that both the vendor a!1d the't;rqi-feree shall be jointly and severally liable for all unpaid q8e8sjdeilts in respect of an' ap"artmedt cknse k~this clause lays down that the proposed lepdatioti;l1 have overriding eftect and shall apply to all the apartments i;t'l "'} ,- ": " ,,~  ~:-this cla  empower the central govel'1tll\eritl toteduee rejnit, whether prospectively or ~trospectively any stamp duty':reptration fee or court fee or to refund the same cz4ua~, ~-:-tp!s ~ause lays down that the provisions of'the trimlfer of property, act 1882 in so far as they are d9t inconsistent wi~ the pro-''yitikms of' the projjo!led legislation shall apply to the' transfer of apartment, ", ciauie 27-this clause empowers the central government to inake tuld'to carry out the provisions of thia act clause 13 of the bill seeks to make it compulsory on the part of all promoters to file a copy of the deed of apartment with the competent authority whenever any allotment, sale or other transfer of any apartment is made the' deed of apartment will contain detailed particulars about the name of the allottee, description of common areas, facilities, etc, and the percentage of undivided interest for each apartment in the common areas and facilities, etc the competent authority is to function as a focal point in respect of all the apartments covered under the proposed bill to ensure that such deeds of apartments are filed in respect of all the apartments at the time of subsequent transfers like sale, etc, also, necessary entries will have tq be made in these deeds of apartments and the competent authority will have to keep a record of such changes 2 clause 15(2) of the bill seeks to make a provision that the association of apartment owners will administer the properties in accordance with such bye-laws as may be made under the proposed legislation the bye-laws shall provipe among other things the manne,c in which the association of apartment owners is to be formed, election of board of management by the ;members, powers and duties of the board, honorarium if any to the member of the board~ method and removal from office of the me'illbers of the board, ma~s relating to meetings, maintenance, repairs, etc, to common areas and facilities, etc, etc the competent authority will'have the function of watching the performance of the association of apartment owners in accordance with these byelaws 3 the aforesaid, provisions would require the creation of an office to "ssist the competerit authority in' the discharge of his functions the bill, if enacted will be applicable'to the entire union tenitory of delhi and will cover all multi-storeyed buildings whether residential, com-~ercia1 or of any other nature and also whether they are built by any co-operative society or any other person or authority it is estimated that at present there would be approximately 50,000 apartments which would be covered by this bill, ·if enacted there is every possibility of increase in the number of these apartments in the tuture as the 'scarcity of land in delhi and the rapid urbanisation have led to vertical growth of multistoreyed buildings far the effective implementation pf the provisions, th~ work of the competent authority is proposed to be divided into three zones, namely delhi development zone, municipal corporation of delhi zone and new delhi municipal committeellandand development office/ delhi cantonment board zone the staft' component required for assist-,ing the competent authority in the work relating to these three zones has been estimated to result in a recurring expenditure of rs 5 lakhs per annum (approximately) to start with  4 the creation of an office of the competent authority would also involve contingent expenditure for finding out a suitable oftice accominodation, purchase of an inspection vehicle a!1dpuiehast!  of· om~ tbrnfture, etc the expenditure on this account has been worked out at rs 3 iakhs non-recuning 5 the bill wfll not fnvolve any other expenditure, either recurring or non-recurring sub-clause (2) of clause 15 of the bill empowers the administrator ~9 tr~ ~odel bye-laws rdating to the manner in which the property referred to in sub-clause (1) of clause 15 shall be a~istered and tuflher empowers the association of apartment owners to make byel~w(; for the purp>ses of ule administration of such property in accordance with the model bye-laws so framed the bill further provides that in making its bye-laws, the association of apartment owners shall not make any departure from, or variation of, or addition to, or omission fro~, the said model bylaws except with the prior approval of the administrator, and the aclministrator shall not grant any such approval, if iuch departure, variation, addition or omisaion has the dect of altering the basic structure of the model bye-laws sub-cl41use (3) of that clause enumerates in detail the matters with respect to which bye-laws may be made or framed these matters relate, inter aj,;a, to the manner in which the as9ociation of apartment owners is to be form,d; 'qle election, from among apartment owners, of a lloar~ of m~,gement' by the members of the association of apartment owners; the powers and, duties of the board: method of calling meetings of the association of "apartment owners and quonlm for such meetings; maintenance repair and replacement of the common areas and facilities and payment therefor; mander of collecting from the apartment owners share of the common expenses; restricuodi with regam to the 'use and maintenance of the apartments and the use of the common arebl and facihtiea etc sub-clause (4) of that clause also enumerates certain additional matters which may be included in the bye-laws lio made or framed 2 clause 27 of the bill empowers the central government, by notification in the ofbclal gazette, to make rules to carry out the provisions of the proposed legislation sub-clause (2) of this clause enumerates in detail the matters with res~ to which rules may be made under this clause these matters relate, inter alia, to the additional purposes for which aily multi-storeyed bufiding may be utilised; the additional community and commerclal facilities, which may be specified as common anae and faciu~ies; the scales iii accordance with which composition fees may be levied for the breach of the terms and conditions of any lease, the form in which the ragister of deeds of apartments under the proposed legislation shall be maintained and particulars whlch such register shall contain 3 the mattera with j'8ip8ct ~ which bye-lawa or rules may be framed  mw  matter of p1"(joidure or detail the delegation of legisla-uve power ii, therefore, of - hormal character   a bill0 provide for the ownsrship of an individual apartment in a multistoreyed bundlng and of an undivided interest in the ~mon areas and fadlltieb appurtenant to such apartment and to mad such apartmmt add interest heritable and tradsferab1e and for matters coildected therewith or incidental thereto '(shf'i abclul ghafoort liiini1tet' of u,bgn dh~t) 