Power to make rules
– (1) The State 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 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;
74
(c) the percentage of non-residential use in a
building under the second proviso of sub-section
(3) of section 4;
(d) scales of composition fee under sub-section (3)
of section 8 ;
(e) the form, period and manner in which declaration
shall be submitted under sub-section (1) of
section 11;
(f) other particulars of declaration under clause (h)
of sub-section (1) of section 11;
(g) the form in which the Register of Deeds 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 13;
(h) the form and manner of making application by
the promoter for registration of the Association
under sub-section (2) of section 14;
(i) the model bye-laws under sub-section (5) of
section 14;
(j) the form and manner of application to be filed to
the Competent Authority and the fee to be
accompanied with such application under subsection (3) of section 25;
(k) the matters under clause (e) of section 26, in
respect of which the Competent Authority shall
have powers of a civil court;
(l) the form and manner in which appeal to the
Appellate Authority to be preferred under subsection (2) of section 27;
(m) 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 27;
(n) the matters under clause (d) of sub-section (6) of
section 27, in respect of which the Appellate
Authority shall have powers of a civil court;
(o) any other matter which is required to be, or may
be, prescribed.
(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
75
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.
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