LexThe Tamil Nadu Apartment Ownership Act, 1994.
Tamil Nadu · state statute
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THE TAMIL NADU APARTMENT OWNERSHIP ACT, 1994.
ARRANGEMENT OF SECTIONS
SECTIONS
1. Short title, extent and commencement.
2. Application of this Act.
3. Definitions
4. Apartment to be heritable and transferable.
5. Ownership of apartments.
6. Common areas and facilities.
7. Compliance with covenants, by-laws and administrative provisions.
8. Certain works prohibited.
9. Charges and encumbrances against apartments, extinguishment of charge and removal from
encumbrances and effect of part payment.
10. Contents of Deed of Apartment.
11. Deed of Apartment and copy of Floor Plan to be registered.
12. Society or Association of Apartment owners.
13. By-laws.
14. Co-operative Societies Act and the Societies Registration Act to apply with modification.
15. Insurance.
16. Disposition of property on destruction or damage.
17. Action by Society or Association of Apartment owners on behalf of apartment owners.
18. Right of Society or Association of Apartment owners to maintain repair and replace any of the
common areas and facilities, etc.
19. Common profits and expenses.
20. Common expense to be charged on property.
21. Separate assessment.
22. Joint and Several liability of vender, etc., for unpaid common expenses.
23. Act to be binding on apartment owners, tenants, etc.
24. Power to exempt from stamp duty, registration fee and Court-fee and power to refund.
25. Act to override other laws.
26. Removal of doubts.
27. Power to make rules.
28. Power to remove difficulties.
THE SCHEDULE.
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The following Act of the Tamil Nadu Legislative Assembly received the assent of the President on
the 6th April 1995 and hereby published for general information:—
THE TAMIL NADU APARTMENT OWNERSHIP ACT, 1994.
ACT NO. 7 OF 1995.
An Act to provide for the ownership of an individual apartment in a building and to make such
apartment heritable and transferable immovable property.
WHEREAS with a view to securing that the ownership and control of the material resources of
the community are so distributed as to subserve the common good, it is expedient to provide for
the ownership of an individual apartment in a building and of an undivided interest in the common
areas and facilities appurtenant to such apartment, and to make such apartment and interest
heritable and transferable immovable property and to provide for matters connected therewith or
incidental thereto;
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Forty-fifth year of the
Republic of India as follows:—
1. Short title, extent and commencement.— (1) This Act may be called the called the Tamil Nadu
Apartment Ownership Act, 1994.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the Government may, by notification, appoint and
different dates may be appointed for different areas.
2. Application of this Act.— This Act shall apply to every apartment in a building constructed
whether before or after the date of commencement of this Act:
Provided that such building shall contain five or more apartments or three or more floors and
construction of such building has been made in accordance with a planning permit and also a building
plan duly sanctioned by the appropriate authority concerned under the relevant law for the time being in
force.
3. Definitions.—In this Act, unless the context otherwise requires,—
(a) “apartment” means a part of the property intended for any type of independent use including
one or more rooms or enclosed spaces located in one or more floors (or part or parts thereof) in a
building, intended to be used for residence, office, practice of any profession or for carrying on any
occupation, trade or business or for any other type of independent use and with a direct exit to a public
street, road, or highway or to a common area leading to such street, road or highway.
Explanation.— For the purposes of this clause, an apartment shall be deemed to be intended for
independent use notwithstanding that provision for sanitary, washing, bathing or other conveniences
have been made as common for two or more apartments;
(b) “apartment number” means the number, letter, or combination thereof designating the
apartment in the Deed of Apartment ;
(c) "apartment owner" means the person or persons owning an apartment and an undivided
interest in the common areas and facilities or the limited common areas and facilities in the percentage
specified in the Deed of Apartment and includes an outright purchaser or a hire purchase allottee of such
apartment and undivided interest;
(d) "Association of Apartment owners" means all of the apartment owners acting as a group in
accordance with the by-laws;
(e) "building" means a building containing five or more apartments or three or more floors and
comprising a part of a property;
(f) “bye-laws” means the bye-laws for the time being in force of the Society or Association of
Apartment owners and includes an amendment of such bye-laws;
(g) “committee” means the board or the governing body of the society or Association of
Apartment owners to which the management of its affairs is entrusted:
(h) “common areas and facilities” unless otherwise provided in the Deed of Apartment, means—
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(1) the land on which the building is located;
(2) the foundations, columns, girders, beams, supports, main walls, roofs, halls, corridors,
lobbies, stairs, stairways, terrace, compound walls, fire escapes, wells, and sumps and entrances and exits
of the building;
(3) the basements, cellars, yards, gardens, parking areas and storage spaces;
(4) the premises for the lodging of caretakers or persons employed for the maintenance of
the
property ;
(5) Water supply, sewerage and drainage connections and the installations of central
services such as power, light, gas, hot and cold water, heating, refrigeration, air-conditioning and
incinerating;
(6) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all
apparatus and installations existing for common use;
(7) automatic fire detecting and alarm facilities necessary to warn the occupants of the
property of the existence of fire;
(8) such other community and commercial facilities as may be prescribed; and
(9) all other parts of the property necessary or convenient to its existence, maintenance and
safety, or normally in common use;
(i) “common expenses” means, —
(1) all sums lawfully assessed against the apartment owners by the society or the
Association of Apartment owners ;
(2) expenses of administration, maintenance, repair or replacement of the common areas
and facilities or the limited common areas and facilities;
(3) all legal expenses as may be incurred by the society or the Association of Apartment
owners for the enforcement of lawful claims of Apartment owners;
(4) expenses resolved as common expenses by the society or the Association of Apartment
owners; and
(5) expenses declared as common expenses by the provisions of this Act, or by the
bye-laws;
(j) “common profits” means the balance of all income, rents and revenues from the common
areas and facilities or the limited common areas and facilities remaining after deduction of the common
expenses;
(k) "competent authority" means —
(1) in relation to the society registered under the Tamil Nadu Co-operative Societies Act,
1983, the Regional Deputy Registrar of Co- operative Societies (Housing) having jurisdiction over the
area; or
(2) in relation to the society registered under the Tamil Nadu Societies Registration Act,
1975, the Registrar as defined in clause (i) of Section 2 of that Act;
(3) in relation to the Association of Apartment owners —
(A) the Regional Deputy Registrar of Co-operative Societies (Housing) having jurisdiction
over the area; or
(B) the Registrar as defined in clause (i) of Section 2 of the Tamil Nadu Societies
Registration Act, 1975, having jurisdiction over the area with whom the bye-laws of the Association of
Apartment owners have been filed under this Act;
(l) “date of the commencement of the Act” in relation to any area means the date appointed
by the notification issued under sub-section (3) of Section 1 in relation to such area;
(m) “Deed of Apartment” means a deed of apartment executed in pursuance of Section 5;
(n) “Government” means the State Government;
(o) “limited common areas and facilities” means those common areas and facilities
designated in the Deed of Apartment as reserved for the use of certain apartment or
apartments to the exclusion of the other apartments;
(p) “person” includes an individual, an undivided Hindu family, a firm, a company or an
association or a body of individuals whether incorporated or not;
(q) “property” means the land, the building, all improvements, and structures thereon,
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and all easements, rights and appurtenances belonging thereto;
(r) “Society” means –
(i) a society registered under the Tamil Nadu Co-operative Societies Act, 1983
; or
(ii) a society registered under the Tamil Nadu Societies Registration Act, 1975.
CHAPTER II.
OWNERSHIP,HERITABILITY AND TRANSFERABILITY OF APARTMENTS
4. Apartment to be heritable and transferable.— Each apartment together with the percentage
of undivided interest in the common areas and facilities and the limited common areas and facilities of
such apartment shall, for all purposes, constitute heritable and transferable immovable property within
t he meaning of any law for the time being in force, and accordingly, an apartment owner may transfer
his apartment and the percentage of undivided interest in the common areas and facilities and the limited
common areas and facilities of such apartment by way of sale, mortgage, lease, gift, exchange or in any
other manner whatsoever in the same manner, to the same extent and subject to the same rights,
privileges, obligations, liabilities, legal proceedings, remedies and to penalty, forfeiture and punishment
as any other immovable property or make a bequeath of the same under the laws applicable to the transfer
and succession of immovable property.
5. Ownership of apartments.— Each apartment owner shall be entitled to the exclusive
ownership and possession of his apartment in accordance with the Deed of Apartment executed and
registered in accordance with the provisions of this Act.
6. Common areas and facilities.— (1) Each apartment owner shall be entitled to an undivided
interest in the common areas and facilities in the percentage specified in the Deed of Apartment and the
limited common areas and facilities. Such percentage shall be computed by taking as the basis the
extent of the plinth area available in the apartment in relation to the total extent of the plinth area available
in the building.
(2) The parentage of the undivided interest of each apartment owner in the common areas and
facilities and in the limited common areas and facilities, if any, as expressed in the Deed of Apartment
shall have a permanent character, and shall not be altered without the consent of all the apartment owners.
The percentage of the undivided interest in such common areas and facilities and the limited 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 whether or not such interest is expressly mentioned in the
conveyance or other instrument.
(3) The common areas and facilities and the limited common areas and facilities shall remain
undivided and no 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 null and void.
(4) Each apartment owner may use the common areas and facilities and the limited
common areas and facilities in accordance with the purpose for which they are intended without hindering
or encroaching upon the lawful rights of the other apartment owners.
(5) The necessary work of maintenance, repairs and replacement of the common areas and
facilities and the limited common areas and facilities and the making of any additions or improvements
thereto shall be carried out only in accordance with the provisions of this Act and the bye-laws.
7.Compliance with covenants, bye-laws and administrative provisions .— (1) Every apartment
owner shall comply strictly with the bye-laws and with the covenants, conditions and restrictions set forth
in the Deed of Apartment in relation to his apartment.
(2) Where any apartment owner fails to comply with any of the bye-laws or covenants,
conditions or restrictions referred to in sub-section (1), such failure shall be a ground for an action against
such apartment owner to recover sums due, for damages or injunctive relief or both maintainable by the
society or the Association of Apartment owners or, in a proper case, by the aggrieved apartment owner.
8. Certain works prohibited.— No apartment owner shall do any work or put the
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apartment to any other use which would jeopardise the soundness or safety of the property, reduce the
value thereof or impair any easement or hereditament nor shall any apartment owner add any material
structure or excavate any additional basement or cellar without previously obtaining the unanimous
consent of all the other apartment owners.
9. Charges and encumbrances against apartments, extinguishment of charge and
removal from encumbrances and effect of part payment.—
(1) Subsequent to the execution and registration of the Deed of Apartment no charge or
encumbrance of any nature shall be created or be effective against the property and any charge or
encumbrance may be created only against each apartment and the percentage of undivided interest in
the common areas and facilities and the limited common areas and facilities of such apartment in the
same manner and under the same conditions in every respect as charge or encumbrance may be created
upon or against upon or against any other separate parcel of property subject to individual ownership:
Provided that if any charge or encumbrance has been created against such apartment and the
percentage of undivided interest in the common areas and facilities and the limited common areas and
facilities of such apartment no apartment and no such percentage o undivided interest shall be partitioned
or sub-divided:
Provided further that any labour performed in or materials furnished to an apartment by any
apartment owner or his agent or his contractor or sub-contractor shall not create any charge or
encumbrance under the provisions of the Transfer of Property Act, 1882 against any other apartment
owner unless the written consent of the other apartment owner is obtained for performance of such
labour or furnishing of material. Such consent shall however, be deemed to have been obtained in the
following cases namely:-
(i) Where any emergency repairs are carried out to an apartment and where such emergency
repairs are absolutely necessary for the safety or maintenance of the building;
(ii) where the performance of labour or furnishing of material is in respect of the common areas
and facilities or the limited common areas and facilities and duly authroised by the society, its Secretary
or the Committee or the Association of Apartment owners in accordance with the provisions of this Act
or the bye-laws.
(2) In the event of any charge or encumbrance against five or more apartments becoming
effective, the apartment owners may individually free their respective apartments and the percentage of
undivided interest in the common areas and facilities and the limited common areas and facilities of such
apartments from such charge or encumbrance by payment of the fractional or proportional amounts
attributable to each of the apartments affected. Such individual payment shall be computed with reference
to the percentage of the undivided interest in the common areas and facilities and the limited common
areas and facilities, specified in the Deed of Apartment. Upon such payment, the apartment and the
percentage of undivided interest in the common areas and the facilities and the limited common areas and
facilities shall be free and clear of the charge or encumbrance:
Provided that such part payment shall not prevent the person having any charge or encumbrance
from enforcing his rights against the other apartment and the percentage of undivided interest in the
common areas and facilities and the limited common areas and facilities thereof.
CHAPTER III.
DEED OF APARTMENT AND ITS REGISTRATION.
10. Contents of Deed of Apartment.— (1) The Deed of Apartment shall contain the following
particulars, namely :-
(a) description of the land on which the building and improvements, are located; and
whether the land is freehold or leasehold; and if leasehold, the period of such lease;
(b) description of the building stating the number of storeys and basements, the number of
apartments and the principal materials of which it is or is to be constructed;
(c) the apartment number of each apartment and a statement of its location, approximate
plinth area, number of rooms and immediate common area to which it has access, and any other
particulars necessary for its proper identification;
(d) description of the common areas and facilities and the percentage of undivided interest
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appertaining to the apartment in the common areas and facilities;
(e) description of the limited common areas and facilities, if any, stating to which apartment their
use is reserved;
(f) total plinth area of the building and of each apartment and its owner for all purposes,
including voting; and a statement that the apartment and such percentage of undivided interest are not
encumbered in any manner whatsoever on the date of execution of the Deed of Apartment;
(g) statement of the purposes for which the building and each of the apartments are intended and
restricted as to use;
(h) provisions 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;
(i) any other details in connection with the property which the person executing the Deed of
Apartment may seem desirable to set forth consistent with this Act; and
(j) such other particulars as may be prescribed.
(2) A copy each of the Deed of Apartment shall be filed with the competent authority.
11. Deed of Apartment and copy of Floor Plan to be registered.— (1) The Deed of
Apartment and every endorsement thereon relating to the transfer of the apartment and the Floor
Plan of the building shall be registered under the Registration Act, 1908 and for the purposes of
the said Act, the said documents shall be deemed to be documents of which registration is
compulsory.
(2) The Sub-Registrar shall register the Deed of Apartment along with the Floor Plan
of the building in the Register Books kept under Section 51 of the Registration Act, 1908 (Central
Act XVI of 1908) and shall also enter particulars in the Indices made under Section 55 of the said
Act.
(3) Whenever any endorsement on a Deed of Apartment is registered the
Sub-Registrar concerned shall forward a certified copy thereof to the competent authority to
enable that authority to make necessary entries in the copy of the Deed of Apartment filed with it
under sub-section (2) of section 10.
(4) Any person acquiring any apartment or any apartment owner shall be deemed to
have notice of the contents of the Deed of Apartment and the endorsement, if any, thereon as from
the date of its registration under this section.
(5) Except as provided in this section the provisions of the Registration Act, 1908
shall mutatis mutandis apply to the registration of such Deed of Apartment and the words and
expressions used in this section but not defined in this Act shall have the meanings assigned to
them in the Registration Act, 1908.
Explanation I – For the purpose of this section, Floor Plan of the building means the plan of the
building showing the layout, location, name, if any, of the building, the total number of apartments,
dimensions of the apartments and their respective apartment numbers duly verified and certified by an
Engineer of the Tamil Nadu State Housing Board in the case of building constructed by the Tamil Nadu
State Housing Board and in the case of building constructed by others by any other Engineer, as an
accurate copy of the plan of the building as approved by, and filed with, the local authority concerned.
Explanation II – An Engineer shall mean any person holding a Diploma or a Degree in Civil
Engineering or Architecture or a licensed surveyor.
CHAPTER IV
SOCIETY OR ASSOCIATION OF APARTMENT OWNERS. ITS BY-LAWS AND
FUNCTIONS
12. Society or Association of Apartment Owners.— As soon as the Deeds of Apartments
are executed and registered under Sections 5 and 11 but not later than three months from the date of such
registration, the apartment owners shall form a society either registered under the Tamil Nadu Co-
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operative Societies Act, 1983 or under the Tamil Nadu Societies Registration Act ,1975 or an Association
of Apartment owners, with the object to maintain all common areas and facilities and the limited common
areas and facilities, to provide such amenities as may be necessary in the common interest of all
the apartment owners and to do such other things as may be considered incidental or conducive to the
attainment of the objects specified in the bye- laws.
13. By-laws.— (1) The administration of every property shall be governed by the bye-laws,
a true copy of which shall be filed with the competent authority. No amendment of the bye-laws shall be
valid unless a copy thereof is duly filed with the competent authority. Amendment of the bye-laws shall
take effect from the date, if any, specified in the amendment. Where no such date is specified the
amendment shall take effect from the date on which a copy of it is filed with the competent authority.
(2) The bye-laws shall provide for the following matters, namely:-
(a) the percentage of the votes which shall constitute the quorum;
(b) the maintenance, repairs and replacement of the common areas and facilities
and the limited common areas and facilities and payment therefor;
(c) the keeping and maintenance of accounts and books by the society or the
Association of Apartment owners;
(d) the convening of general meeting of the society or the Association of
Apartment owners and for the procedure at such meetings including the
sending of notice of such meetings, maintenance of minutes books and the
powers to be exercised by such meeting;
(e) the manner of collecting from the apartment owners their share of the
common expenses;
(f) the appointment and removal of persons employed for the maintenance,
repairs and replacement of the common areas and facilities and the limited
common areas and facilities;
(g) the method of adopting and of amending administrative rules and regulations
governing the details of the operation and use of the common areas and
facilities and the limited common areas and facilities;
(h) the restrictions on the requirements respecting the use and maintenance of the
apartments and the use of the common areas and facilities and the limited
common areas and facilities not set forth in the Deed of Apartment, as are
designed to prevent unreasonable interference with the use of their respective
apartments and of the common areas and facilities and the limited common
areas and facilities by the several apartment owners;
(i) the percentage of the votes required to amend the bye-laws;
(j) the terms and conditions subject to which transfer of any apartment and
percentage of undivided interest in the common areas and facilities and the
limited common areas and facilities of such apartments may be effected;
(k) the leasing out part of the building or land, if any, for commercial purpose;
(l) such other matters as may be prescribed.
14. Co-operative Societies Act and the Societies Registration Act to apply with
modification.— (1) Notwithstanding anything contained in the Tamil Nadu Co-operative Societies Act,
1983 or the Tamil Nadu Societies Registration Act, 1975 the minimum number of members required for
forming a society for the purpose of this act shall be five.
(2) In relation to the application of this Act to any society if any provision contained
in this Act is repugnant to any of the provisions contained in the Tamil Nadu Co-operative Societies
Act, 1983 or the Tamil Nadu Societies Registration Act, 1975 or the rules made there under the
provisions of this Act shall prevail and the provisions of the said Tamil Nadu Co-operative
Societies Act or the said Tamil Nadu Societies Registration Act or the rules made there under shall, to the
extent of repugnancy be of no effect.
15. Insurance.— Without prejudice to the right of each apartment owner to insure his own
apartment for his benefit the society or the Association of Apartment owners, shall if so required, by the
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bye-laws or by a majority of the apartment owners, insure the property against fire, flood, cyclone and
such other hazards under such terms and for such amounts as shall be required. The policy of insurance
shall be written on the property in the name of the society or the Association of Apartment owners as
trustee for each of the apartment owner in the percentage specified in the Deed of Apartment and the
premium payable under such policy of insurance shall be common expenses.
16. Disposition of property on destruction or damage.— Where in the event of the
property either in the entirety or in part being damaged or destroyed and the society or the Association
of Apartment owners has not undertaken to repair, reconstruct or rebuild within a period of ninety days or
such further period as may be specified by the competent authority from the date of damage or
destruction,-
(a) the property shall be deemed to be owned in common by all the apartment owners in the
same percentage as the percentages of the undivided interest specified in the Deed of Apartment;
(b) the undivided interest in the property owned in common which shall appertain to each
apartment owner shall be the percentage of the undivided interest previously owned by such owner in the
common areas and facilities and the limited common areas and facilities;
(c) any encumbrance affecting any of the apartments shall be deemed to be transferred in
accordance with the existing priority to the percentage of the undivided interest of those apartment
owners in the property.
17. Action by Society or Association of Apartment owners on behalf of apartment
owners..— Without limiting the rights of any apartment owner, action may be brought by the society or
the Association of Apartment owners on behalf of any apartment owner as his respective interest may
appear, with respect to any cause of action relating to the common areas and facilities and the limited
common areas and facilities of more than one apartment.
18. Right of society of Association of Apartment owners to maintain, repair and replace any
of the common areas and facilities, etc.- The society or the Association of Apartment owners shall have
the irrevocable right to be exercised by its Secretary or by any other person authorized in this behalf by
the committee to have access to every apartment from time to time, during reasonable hours as may be
necessary for the maintenance, repairs and replacement of any of the common areas and facilities and the
limited common areas and facilities therein or accessible from such apartment, or for making emergency
repairs therein necessary to prevent damage to the common areas and facilities and the limited common
areas and facilities or to another apartment or apartments.
CHAPTER V.
COMMON PROFITS,COMMON EXPENSES AND OTHER MATTER.
19. Common profits and expenses.— (1) The common profits shall be distributed among, and
the common expenses shall be charged to, the apartment owners according to the percentage of the
undivided interest of the apartment owners in the common areas and facilities specified in the Deed of
Apartment.
(2) Every apartment owner shall, notwithstanding his waiver of the use or enjoyment of any of
the common areas and facilities and the limited common areas and facilities or his abandonment of his
apartment, be liable to be charged to the common expenses under sub-section (1).
(3) Where the apartment owner is not in occupation of the apartment owned by him, the
common expenses payable by such apartment owner may be recovered from the person in the occupation
of the apartment.
20. Common expenses to be charged on property.— All sums assessed by the society or the
Association of Apartment owners as the share of thee common expenses chargeable to any apartment
shall, subject to the prior claim, if any,-
(i) of the Government in respect of land revenue or any money recoverable as and revenue,
(ii) of any municipality or other local authority in respect of tax or other assessment, and
(iii) of the mortgage, in respect of all sums unpaid, constitute a charge on such apartment.
21. Separate assessment.— Notwithstanding anything to the contrary contained in any law for
the time being in force,-
(a) each apartment and its percentage of undivided interest in the common areas facilities and the
limited common areas and facilities of such apartment, shall be deemed to be separate property for the
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purpose of assessment to tax on lands and buildings leviable under such law and shall be assessed and
taxed accordingly; and
(b) the building, or the property or any of the common areas and facilities and the limited
common areas and facilities shall not be assessed to any such tax separately.
22. Joint and several liability of vendor, etc; for unpaid common expenses.— Where any
apartment has been sold or otherwise transferred, the purchaser or the transferee, as the case may be of
the apartment shall be jointly and severally liable with the vendor or the transferor for all unpaid
assessments against the latter towards his share or the common expenses upto the time of sale or transfer
without prejudice to the purchaser’s or transferee’s right to recover from the vendor or transferor, the
amount, if any paid by the purchaser or transferee there for. Any such purchaser or transferee shall be
entitled to a statement from the society or the Association of Apartment owners setting forth the amount
of the unpaid assessment against the vendor or transferor and such purchaser or transferee shall not be
liable for, nor shall the apartment sold or transferred, be subject to a charge for any unpaid share of
common expenses against such apartment accrued prior to such sale or transfer in excess of the amount
set forth in such statement.
CHAPTER VI.
MISCELLANEOUS.
23. Act to be binding on apartment owners, tenants, etc..— (1) All apartment owners,
tenant of such owners, employees of apartment owners or 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.
(2) All agreements, decisions and determinations lawfully made by the society or the
Association of Apartment owners, as the case may be, in accordance with the provisions of this Act or the
bye-laws shall be deemed to be binding on all apartment owners.
24. Power to exempt from stamp duty, registration fee and court fee and power to
refund .— (1) The Government may, by notification, reduce or remit, whether prospectively or
retrospectively,-
(a) the stamp duty with which, under any law for the time being in force, instruments or
documents executed by or on behalf of or in favour of an apartment owner or the society or the
Association of Apartment owners relating to any of the purposes of this Act are respectively chargeable;
(b) any fee payable under the law of registration or court-fees for the time being in force on
instruments or documents executed by or on behalf of or in favour of an apartment owner or the society
or the Association of Apartment owners, relating to any of the purposes of this Act.
(2) Notwithstanding anything contained in any other law for the time being in force, the
Government may refund the amount of any stamp 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
the Government may, by order, determine.
25. Act to override other laws.— (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
any custom, usage or agreement or decree or order of a court, tribunal or other authority.
(2) Save as otherwise provided in sub-section (1), the provisions of this Act, shall be in
addition to and not in derogation of, any other law for the time being in force.
26. Removal of doubts.— For the removal of doubts it is hereby declared that the
provisions of the Transfer of Property Act, 1882 shall, in so far as they are not inconsistent with the
provisions of this Act, apply to every apartment together with its undivided interest in the common areas
and facilities and the limited common areas and facilities of such apartment as those provisions apply in
relation to any immovable property and the provisions of this Act shall take effect notwithstanding
anything to the contrary contained in any contract.
27. Power to make rules.— (1) The Government may make rules for carrying out the
purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may
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provide for all or any of the following matters, namely:-
(a) the form of Deed of Apartment specified in Section 10 and the particulars to be mentioned
therein;
(b) the matters to be provided in the bye-laws under sub-section (2) of Section 13;
(c) the collection of fees from the apartment owners by the society or the Association of
Apartment owners which shall be payable to the competent authority towards administrative charges;
(d) any other matter which is required to be, or may be prescribed.
(3) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette
and unless they are expressed to come into force on a particular day, shall come into force on the day on
which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come into force on
a particular day, come into force on the day on which they are published.
(c) Every rule or order made or a notification issued under this Act shall, as soon as possible
after it is made or issued, be placed on the table of the Legislative Assembly and if before the expiry of
the session in which it is so placed or the next session, the Assembly makes any modification in any such
rule or order or notification, or the Assembly decides that the rule or order or notification should not be
made or issued, the rule or order or notification 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 or order or notification.
28. Power to remove difficulties.— (1) If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by an order published in the Tamil Nadu Government
Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them to be
necessary or expedient for 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.
(By order of the Government)
M.MUNIRAMAN
Secretary to Government, Law Department