THE DELHI APARTMENT OWNERSHIP ACT, 1986 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Application. 

3. Definitions. 

OWNERSHIP, HERITABILITY AND TRASFERABILITY OF APARTMENTS 

CHAPTER II 

4. 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  apartment  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 apartments. 

CHAPTER III 

DEED OF APARTMENT AND ITS REGISTRATION 

13. Contents of Deed of Apartment. 

14. Registration of Deed of Apartment. 

CHAPTER IV 

ASSOCIATION OF APARTMENT OWNERS AND BYE-LAWS FOR THE REGULATION OF THE AFFAIRS                 

15. Association of Apartment Owners and bye-laws relating thereto. 

OF SUCH ASSOCIATION 

16. Insurance. 

17. Disposition of property, destruction or damage. 

18. Action. 

CHAPTER V 

COMMON PROFITS, COMMON EXPENSES AND OTHER MATTERS 

19. Common profits, common expenses and other matters. 

20. Apartment owner not to be exempt from liability for contribution by waiver of the use of the 

common areas and facilities. 

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SECTIONS 

21. Common expenses to be a charge on the apartment. 

22. Separate assessments. 

23. Joint and several liability of vendor, etc., for unpaid common expenses. 

CHAPTER VI 

MISCELLANEOUS 

24. Act to be binding on apartment owners, tenants, etc. 

25. Power to exempt stamp duty, registration fee and court fees and power to refund. 

26. Removal of doubts. 

27. Power to make rules. 

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THE DELHI APARTMENT OWNERSHIP ACT, 1986 

ACT NO. 58 OF 1986 

[23rd December, 1986.] 

An Act to provide for the ownership of an individual apartment in a multi-storeyed 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  and  for  matters  connected 
therewith or incidental thereto. 

WHEREAS  with  a  view  to  securing  that  the  ownership  and  control  of  the  material  resources  of  the 
community  are  so  distributed  as  to  sub-serve  the  common  good,  it  is  expedient  to  provide  for  the 
ownership  of  an  individual  apartment  in  a  multi-storeyed  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 and to provide for matters connected therewith or incidental thereto; 

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Delhi  Apartment 

Ownership Act, 1986. 

(2) It extends to the whole of the Union territory of Delhi. 

(3)  It  shall  come  into  force  on  such  date  as  the  Administrator  may,  by  notification  in  the  Official 

Gazette, appoint. 

2.  Application.—The  provisions  of  this  Act  shall  apply  to  every  apartment  in  a  multi-storeyed 
building which was constructed mainly for residential or commercial or such other purposes as may be 
prescribed, by— 

(a) any group housing co-operative society; or 

(b) any other person or authority, 

before or after the commencement of this Act and on a free hold land, or a lease hold land, if the lease for 
such land is for a period of thirty years or more: 

Provided that, where a building constructed, whether before or after the commencement of this Act, 
on any land contains only two or three apartments, the owner of such building may, by a declaration duly 
executed  and  registered  under  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 provisions of 
this Act, as if such owner were the promoter in relation to such building. 

3. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Administrator”  means  the  Administrator  of  the  Union  territory  of  Delhi  appointed  by  the 

President under article 239 of 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 type of independent use, including 
one or more rooms or enclosed 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 of any profession, or for 
the carrying on of any occupation, trade or business or for such other type of independent use as may 
be prescribed, and with a direct exit to a public street, road or highway, or to a common area leading 
to  such  street,  road  or  highway,  and  includes  any  garage  or  room  (whether  or  not  adjacent  to  the     
multi-storeyed building in which such apartment is located) provided by the promoter for use by the 

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owner  of  such  apartment  for  parking  any  vehicle  or,  as  the  case  may  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  apartment  and  an  undivided 
interest in the common areas and facilities appurtenant to such apartment in the percentage specified 
in the Deed of Apartment; 

(f) “Association of Apartment Owners”,— 

(i)  in  relation  to  a  multi-storeyed  building  not  falling  within  sub-clause  (ii),  means  all  the 

owners of the apartments therein; 

(ii) in the case of the multi-storeyed buildings in any area, designated as a block, pocket or 
otherwise, means all the owners of the apartments in such block, pocket or other designated area,  

acting as a group in accordance with the bye-laws; 

(g) “authority” includes any authority constituted or established by or under any law for the time 

being in force; 

(h) “Board” means the Board of Management of an Association of Apartment Owners elected by 

its members under the bye-laws; 

(i) “bye-laws” means the bye-laws made under this Act; 

(j) “common areas and facilities”, in relation to a multi-storeyed building, means— 

(i)  the  land  on  which  such  building  is  located  and  all  easements,  rights  and  appurtenances 

belonging to the land and the building; 

(ii)  the  foundations,  columns,  girders,  beams,  supports,  main  walls,  roofs,  halls,  corridors, 

lobbies, stairs, stairways, fire-escapes and entrances and exits of the building; 

(iii)  the  basements,  cellars,  yards,  gardens,  parking  areas,  shopping  centers,  schools  and 

storage spaces; 

(iv) the premises for the lodging of janitors 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; 

(vi) the elevators, tanks, pumps, motors, fans, compressors, ducts and in general all apparatus 

and installations existing for common use; 

(vii) such other community and commercial facilities as may be prescribed; and 

(viii) all other parts of the property necessary or convenient to its existence, maintenance and 

safety, or normally in common use; 

(k) “common expenses” means— 

(i) all sums lawfully assessed against the apartment owners 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 of this Act or by the bye-laws, 

or agreed upon by the Association of Apartment Owners; 
(l)  “common  profits”  means  the  balance  of  all  income,  rents,  profits  and  revenues  from  the 

common areas and facilities remaining after the deduction of the common expenses; 

(m) “competent authority” means,— 

(i) a Secretary in the Delhi Administration, or 

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(ii) the Vice-Chairman of the Delhi Development Authority, or 

(iii) the Land and Development Officer of the Central Government, 

who may be authorised by the Administrator, by notification in the Official Gazette, to perform the 
functions of the competent authority under this Act; 

(n) “Deed of Apartment” means the Deed of Apartment referred to in section 13; 

(o) “Delhi” means the Union territory of Delhi; 

(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  common  areas  and  facilities”  means  those  common  areas  and  facilities  which  are 
designated in writing by the promoter before the allotment, sale or other transfer of any apartment as 
reserved for use of certain apartment or apartments to the exclusion of the other apartments; 

(r) “Manager” means the Manager of an Association of Apartment Owners appointed under the 

bye-laws; 

(s) “multi-storeyed building” means a building constructed on any land, containing four or more 
apartments,  or  two  or  more  buildings  in  any  area  designated  as  a  block,  pocket  or  otherwise,  each 
containing two or more apartments, with a total of four or more apartments in all such buildings, and 
includes  a  building  containing  two  or  three  apartments  in  respect  of  which  a  declaration  has  been 
made under the proviso to section 2; 

(t) “owner”, in relation to an apartment, includes, for the purposes of this Act, a lessee of the land 
on which the building containing such apartment has been constructed, where the lease of such land is 
for a period of thirty years or more; 

(u) “person” 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) “promoter” means the authority, person or co-operative society, as the case may be, by which, 

or by whom, any multi-storeyed building has been constructed; 

(x)  “property”  means  the  land,  the  multi-storeyed  building,  all  improvement  and  structures 
thereon,  and  all  easements,  rights  and  appurtenances  belonging  thereto,  and  all  articles  of  personal 
property intended for use in connection therewith. 

OWNERSHIP, HERITABILITY AND TRASFERABILITY OF APARTMENTS 

CHAPTER II 

4.  Ownership  of  apartments.—(1)  Every  person  to  whom  any  apartment  is  allotted,  sold  or 
otherwise transferred by the promoter, on or after the commencement of this Act, shall, save as otherwise 
provided  in  section  6,  and  subject  to  the  other  provisions  of  this  Act,  be  entitled  to  the  exclusive 
ownership and possession of the apartment so allotted, sold or otherwise transferred to him. 

(2) Every person to whom any apartment was allotted, sold or otherwise transferred by the promoter 
before the commencement of this Act shall, save as otherwise provided under section 6 and subject to the 
other  provisions  of  this  Act,  be  entitled,  on  and  from  such  commencement,  to the  exclusive  ownership 
and possession of the apartment so allotted, sold or otherwise transferred to him. 

(3)  Every  person  who  becomes  entitled  to the exclusive  ownership and  possession  of  an  apartment 
under sub-section (1) or sub-section (2) shall be entitled to such percentage of undivided interest in the 
common areas and facilities as may be specified in the Deed of Apartment and such percentage shall be 
computed by taking, as a basis, the value of the apartment in relation to the value of the property. 

(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 without the written consent of all the 
apartment owners. 

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(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 mentioned in the conveyance or other instrument. 

(5)  The  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 void. 

(6) Each apartment owner may use the common areas and facilities in accordance with the purposes 
for  which  they  are  intended  without  hindering  or  encroaching  upon  the  lawful  rights  of  the  other 
apartment owners. 

(7)  The  necessary  work  relating  to  maintenance,  repair  and  replacement  of  the  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. 

(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 
maintenance,  repairs  or  replacement  of  any  of  the  common  areas  or  facilities  therein,  or  accessible 
therefrom,  or  for  making  emergency  repairs  therein  necessary  to  prevent  damage  to  the  common  areas 
and facilities or to any other apartment or apartments. 

5.  Apartment  to  be  heritable  and  transferable.—Subject  to  the  provisions  of  section  6,  each 
apartment,  together  with  the  undivided  interest  in  the  common  areas  and  facilities  appurtenant  to  such 
apartment, shall, for all purposes constitute as a heritable and transferable immovable property within the 
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 appurtenant to 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, 
investigations,  legal  proceedings,  remedy  and  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  made  by  any 
group housing co-operative society in favour of any member thereof, the transferability of such apartment 
and all other matters shall be regulated by the law applicable to such group housing co-operative society. 

6. Ownership of apartment subject to conditions.—Where any allotment, sale or other transfer of 
any apartment has been made, whether before or after the commencement of this Act, in pursuance of any 
promise of payment, or part payment, of the consideration thereof, the allottee or transferee, as the case 
may be, shall not become entitled to the ownership and possession of that apartment on to a percentage of 
undivided interest in the common areas and facilities apurtenant to such apartment, until full payment has 
been  made  of  the  consideration  thereof  together  with  interest,  if  any  due  thereon,  and  where  any  such 
allottee  or  transferee  has  been  inducted  into  the  possession  of  such  apartment  or  any  part  thereof  in 
pursuance  of  such  allotment  or  transfer,  he  shall,  until  the  full  payment  of  the  consideration  has  been 
made,  continue  to  remain  in  possession  thereof  on  the  same  terms  and  conditions  on  which  he  was  so 
inducted into possession of such apartment of part thereof. 

7. Compliance with the covenants and bye-laws.—Each apartment owner shall comply strictly with 
the bye-laws and with the covenants, conditions and restrictions set forth in the Deed of Apartment, and 
failure to comply with any of them shall be a ground for action to recover sums due for damages, or for 
injunctive relief, or both, by the Manager or Board on behalf of the Association of Apartment Owners, or, 
in a proper case, by an aggrieved apartment owner. 

8.  Right of re-entry.—(1) Where any land is given on lease by a person (hereafter in this section 
referred to as the lessor) to another person (hereafter in this section referred to as the lessee, which term 
shall include a person in whose favour a sub-lease of such land has been granted), and any multi-storeyed  

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building has been constructed on such lease-hold land by the lessee or by any other person authorised by 
him or claiming through him, such lessee shall grant in respect of the land as many sub-leases as there are 
apartments  in  such  multi-storeyed  building  and  shall  execute  separate  deeds  of  sub-lease  in  respect  of 
such land in favour of each apartment owner,— 

(a)  in  the  case  of  a  multi-storeyed  building  constructed  before  the  commencement  of  this  Act, 

within three months from such commencement, or 

(b)  in  the  case  of  a  multi-storeyed  building  constructed  after  the  commencement  of  this  Act, 
within three months from the date on which the possession of any apartment in such multi-storeyed 
building is delivered to him: 

Provident  that  no  sub-lease  in  respect  of  any  land  shall  be  granted  except  on  the  same  terms  and 
conditions on which the lease in respect 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. 

(2)  Where  the  lessee  has  any  reason  to  suspect  that  there  had  been  any  breach  of  the  terms  and 
conditions of the sub-lease referred to in sub-section (1), he may himself inspect the land on which the 
multi-storeyed building containing the concerned apartment has been constructed, or may authorise one or 
more persons to inspect such land and make a report as to whether there had been any breach of the terms 
and conditions of any sub-lease in respect of such land and, if so, the nature and extent of such breach, 
and for this purpose, it shall be lawful for 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 suspected to 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 findings on such inspection [a true copy of which shall be 
furnished  to  the  apartment  owner  by  whom  such  breach  of  the  terms  and  conditions  of  sub-lease  in 
respect of the land appurtenant to the apartment owned by him has been committed (hereinafter referred 
to as the defaulting apartment owner)] and where such findings indicate that there has been any breach of 
the terms and conditions of the sub-lease in respect of such land, the lessee may, by a notice in writing, 
require the defaulting apartment owner to refrain from committing 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. 

(4) The defaulting apartment owner who is aggrieved by any notice 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  Judge  having  jurisdiction  (hereinafter  referred  to  as  the  District  Court),  either 
challenging  the  finding  of  the  lessee  or  any  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, confirm, alter or reverse those findings or may confirm, reduce or 
increase the amount of composition fees or set aside the notice. 

(5)  Where,  on  the  breach of  any  terms  and  conditions  of  any  sub-lease  in  respect  of  any  land,  any 
composition fees become payable, the defaulting apartment owner shall be deemed to have been guilty of 
such breach and in default of payment thereof it shall be lawful for the lessee to recover the amount of the 
composition fees from the defaulting apartment owner as an arrear of land 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 higher  court on appeal, no 
further action shall be taken by the lessee for the breach of the terms and conditions of the sub-lease in 
respect of the land in relation to which payment of such composition fees has been made. 

(7)  If  the  defaulting  apartment  owner  omits  or  fails  to  refrain  from  committing  any  breach  of  the 
terms and conditions of the sub-lease in respect of the land or, as the case may be, omits or fails to pay the 
composition fees in lieu thereof— 

(i) in accordance with the notice issued by the lessee under sub-section (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 sub-lease in respect of the land or the amount of composition fees 

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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, 

the lessee shall be entitled,— 

(a) where no appeal has been preferred under sub-section (4), within sixty days from the date of 

service of the notice under sub-section (3), or 

(b) where an appeal has been preferred under sub-section (4), within sixty days from the date on 
which the appeal is finally disposed of by the District Court or, where any further appeal is preferred 
to a higher court, by such higher court, 

to exercise the right of re-entry in respect of the undivided interest of the lessee in the land appurtenant to 
the  apartment  owned  by  the  defaulting  apartment  owner,  and  where  such  right  of  re-entry  cannot  be 
exercised  except  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 defaulting apartment  owner has been paid 
by the lessee such amount as 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 notice 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  sufficient  cause  being  shown,  either  remit  or  reduce  the 
amount of such deposit, and the interest accruing on such deposit, shall enure to the credit of defaulting 
apartment owner by whom such deposit has been made: 

Provided  further  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 accordance with the decision in such further appeal. 

(9) The defaulting apartment owner, who is aggrieved by the amount offered to be paid to him under 
the proviso to sub-section (7) as compensation for ejectment from his apartment may, within thirty days 
from the date of such offer, prefer an appeal to the District Court and the District Court may, after giving 
the  parties  a  reasonable  opportunity  of  being  heard,  maintain  increase  or  reduce  the  amount  of 
compensation. 

(10) On the ejectment of the defaulting apartment owner from  the apartment under sub-section (7), 
the lessee by whom such ejectment has been made may a fresh allotment of the concerned apartment to 
any other person on such terms and conditions as he may think fit: 

Provided that the consideration for such fresh allotment shall not be more than the amount which has 

been paid to the defaulting apartment 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   sub-section  (7),  the  lessor  may,  in  the  first  instance,  require  the 
lessee by a notice in writing to take action against the defaulting apartment owner under sub-section (2) or 
sub-section (3) or, as the case may be, under sub-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 lessee to do so within such 
period,  the  lessor  may  himself  take  action  as  contained  in  sub-section  (2)  or  sub-section  (3)  or              
sub-section (7), and the provisions of sub-section (4) to sub-section (6) and sub-section (8) to sub-section 
(10), shall, as far as may  be, apply to any action taken by him as if such action had been taken by the 
lessee. 

(12)  For  the  removal  of  doubts,  it  is  hereby  declared  that  no  work  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 
multi-storeyed building containing such apartment has been constructed unless the work is prohibited by 
section 11. 

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Explanation.—In  this  section,  “approved  bank”  means  the  State  Bank  of  India  constituted  under 
section  3  of  the  State  Bank  of  India  Act,  1955  (23  of  1955),  or  a  subsidiary  bank  constituted  under  
section 3 of the State Bank of India (Subsidiary Banks) Act, 1959 (38 of 1959), or a corresponding new 
bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings)       
Act, 1970 (5 of 1970) or a corresponding new bank constituted under section 3 of the Banking Companies 
(Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980). 

9.  Purchasers  or  persons  taking  lease  of  apartments  from  apartment  owners  to  execute  an 
undertaking.—Notwithstanding anything contained in the Transfer of Property Act, 1882 (4 of 1882), or 
in any other law for the time being in the force, any person acquiring any apartment from any apartment 
owner by gift, exchange, purchase or otherwise, or taking lease of an apartment from an apartment owner 
for a period of thirty years or more, shall,— 

(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 and  within such  period  as 
may be prescribed giving an undertaking to comply with the covenants, conditions and restrictions, 
subject to which such apartment is owned by the apartment owner aforesaid. 

10. Benamidar of the apartment to be deemed to be the real owner.—If any apartment is acquired 
by any person, whether by allotment, sale or otherwise with the consideration thereof paid or provided by 
another  person,  the  acquirer  shall,  notwithstanding  anything  contained  in  the  Transfer  of  Property        
Act, 1882 (4 of 1882), or in the Indian Trusts Act, 1882 (2 of 1882) or in any other law for the time being 
in force, be deemed to be the real owner of such apartment, and no court shall entertain any claim of the 
person  paying  or  providing  such  consideration  for  title  to  such  apartment  on  the  ground  that  the 
acquisition of the apartment was made on behalf of such person or on behalf of someone through whom 
such person claims. 

11. Certain works prohibited.—No apartment owner shall do any work which would be prejudicial 
to  the  soundness  or  safety  of  the  property  or  reduce  the  value  thereof  or  impair  any  easement  or 
hereditament  or  shall  add  any  material  structure  or  excavate  any  additional  basement  or  cellar  without 
first obtaining the consent of all the other apartment owners. 

Explanation.—In  this  section,  reference  to  apartment  owners  shall  be  construed,  in  relation  to  a   

multi-storeyed  building  in  any  block,  pocket  or  other  designated  area,  the  apartment  owners  of  the 
concerned multi-storeyed building in such block, pocket or other designated area. 

12.  Encumbrances  against  apartments.—(1)  The  owner  of  each  apartment  may  create  any 
encumbrance, only against the apartment owned by him and the percentage of the undivided interest in 
the common areas and facilities appurtenant to such apartment in the same 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  encumbrance  is  created,  the  apartment  in  relation  to  which  such 

encumbrance has been created shall not be partitioned or sub-divided. 

(2)  No  labour  performed  or  material  furnished  with  the  consent,  or  at  the  request,  of  an  apartment 
owner or his agent or his contractor or sub-contractor, shall be the basis for a charge or any encumbrance 
under the provisions of the Transfer of Property Act, 1882 (4 of  1882), against the apartment or property 
of  any  other  apartment  owner  not  expressly  consenting  to,  or  requesting  the  same,  except  that  such 
express  consent  shall  be  deemed  to  be  given  by  the  other  apartment  owner  in  the  case  of  emergency 
repairs thereto. 

(3)  The  labour  performed  and  material  furnished  for  the  common  areas  and  facilities,  if  duly 
authorised by the Association 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 express consent of each apartment owner 
and shall be the basis for a charge or encumbrance under the Act aforesaid against 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 more apartments becoming effective, 
the  apartment  owners  of  the  separate  apartments  may  remove  their  apartments  and  the  percentage  of 

9 

 
undivided interest in the common 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  such  payment,  the  apartment  and  the  percentage  of  undivided  interest  in  the  common 
areas and facilities appurtenant thereto shall 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,  against  any 
other apartment and the percentage of undivided interest in the common areas and facilities appurtenant to 
such apartment. 

(5) On any such payment, discharge on other satisfaction, referred to in sub-section (4), the apartment 
and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall be 
free and clear of the charge or encumbrance, so paid, satisfied or discharged. 

CHAPTER III 

DEED OF APARTMENT AND ITS REGISTRATION 

13.  Contents  of  Deed  of  Apartment.—(1)  Whenever  any  allotment,  sale  or  other  transfer  of  any 

apartment is made, the promoter shall,— 

(a) in the case of an allotment, sale or other transfer made after the commencement of this Act, 

within three months from the date of such allotment, sale or other transfer, or 

(b) in the case of any allotment, sale or other transfer made before the commencement of this Act, 

within six months from the date of such commencement, 

execute a Deed of Apartment containing the following particulars, namely:— 

(i) the name of the allottee, 

(ii) description of the land on which the building and the common areas and facilities are located, 

and whether the land is free-hold or lease-hold, and if lease-hold, the period of such lease, 

(iii) a set of floor plans of the multi-storeyed building showing the lay-out and location, number 
of apartments and bearing a verified statement of an architect certifying that it is an accurate copy of 
the portions of the plans of the building as filed with, and approved by, the local authority within the 
jurisdiction of which the building is located, 

(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, and immediate common area to which it has access, and any other 
data necessary for its proper identification, 

(vi)  description  of  the  common  areas  and  facilities  and  the  percentage  of  undivided  interest 

appertaining to the apartment in the common areas and facilities, 

(vii)  description of the limited  common  areas  and  facilities,  if  any,  stating  to  which apartments 

their use is reserved, 

(viii) value of the property and of each apartment, and a statement that the apartment and such 
percentage  of  undivided  interest  are  not  encumbered  in  any  number  whatsoever  on  the  date  of 
execution of the Deed of Apartment, 

(ix) 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  service  of  process,  together  with  the  particulars  of  the 

residence or place of business of such 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: 

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Provided  that  the  competent  authority  may,  if  it  is  satisfied  that  the  promoter  was  prevented  by 
sufficient cause from executing the Deed of Apartment in relation to any apartment within the period of 
three months, or six months as the case may be, permit the promoter to execute such Deed of Apartment 
within such further period, not exceeding six months, as it may specify. 

(2) The promoter shall— 

(a) file in the office of the competent authority; and 

(b) deliver to the concerned allottee or transferee, as the case may be, 

a certified copy of each Deed of Apartment as registered under section 14. 

(3)  Whenever  may  transfer  of  any  apartment  is  made  by  the  owner thereof,  whether  by  sale, lease, 
mortgage, exchange, gift or otherwise, the transferor shall deliver to the transferee the certified copy of 
the Deed of Apartment delivered to him under sub-section (2) after making an endorsement thereon as to 
the name, address and other particulars of the transferee, to enable the transferee to get the endorsement 
on the certified copy of the Deed of Apartment registered in accordance with the provisions of section 14. 

(4) Whenever any succession takes place to any apartment or part thereof, the successor shall, within 
a period of six months from the date of such succession, make an application to the competent authority 
for recording such succession on the certified copy of the Deed of Apartment in relation to the concerned 
apartment, and, if there is any dispute as to the succession to the apartment, the competent authority shall 
decide be same, and for this purpose, such authority shall have the powers of a civil court, while trying a 
suit, and its decision shall have effect of a decree and shall be appealable as if it were a decree passed by 
the principal civil court of original jurisdiction. 

(5)  Whenever  any  succession  to  an  apartment  has  been  recorded  by  the  competent  authority  under 
sub-section  (4),  such  authority  shall  send  a  true  copy  of  such  record,  to  the  concerned  Registrar  for 
registration thereof in accordance with the provisions of section 14. 

(6)  For  the  removal  of  doubts,  it  is  hereby  declared  that  the  provisions  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 transfer of immovable property. 

14.  Registration  of  Deed  of  Apartment.—(1)  Every  Deed  of  Apartment  and  every  endorsement 
thereon relating to the transfer of the apartment shall be deemed to be a document which is compulsorily 
registrable  under  the  Registration  Act,  1908  (16  of  1908)  and  shall  be  registered  with  the  Registrar 
accordingly, and the words and expressions used in this section but not defined in this Act, shall have the 
meanings respectively assigned to them in the Registration Act, 1908. 

(2)  In  all  registration  offices,  a  book  called  “Register  of  Deeds  or  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. 

(3) Whenever any endorsement on a Deed of Apartment is registered, the concerned 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. 

(4) Any person acquiring any apartment 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. 

CHAPTER IV 

ASSOCIATION OF APARTMENT OWNERS AND BYE-LAWS FOR THE REGULATION OF THE AFFAIRS OF      

SUCH ASSOCIATION 

15.  Association  of  Apartment  Owners  and  bye-laws  relating  thereto.—(1)  There  shall  be  an 
Association of Apartment Owners for the administration of the affairs in relation to the apartments and 
the property appertaining thereto and for the management of common areas and facilities: 

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Provided that where any area has been demarcated for the construction of multi-storeyed buildings, 
whether such area is called a block or pocket or by any other name, there shall be a single Association of 
Apartment Owners in such demarcated area. 

(2)  The  Administrator  may,  by  notification  in  the  Official  Gazette,  frame  model  bye-laws  in 
accordance with which the property referred to in sub-section (1) shall be administered by the Association 
of  Apartment  Owners  and  every  such  Association  shall,  at  its  first  meeting,  make  its  bye-laws  in 
accordance with the model bye-laws so framed, and in making its bye-laws the Association of Apartment 
Owners  shall  not  make  any  departure  from,  variation  of,  addition  to,  or  omission  from,  the  model        
bye-laws  aforesaid  except  with  the  prior  approval  of  the  Administrator  and  no  such  approval  shall  be 
given if, in the opinion of the Administrator, such departure, variation, addition or omission will have the 
effect of altering the basic structure of the model bye-laws framed by him. 

(3) The  model  bye-laws  framed  under sub-section  (2)  shall  provide  for the  following,  among  other 

matters, namely:— 

(a) the manner in which the Association of Apartment Owners is to be formed; 

(b) the election, from among apartment owners, of a Board of Management by the members of 

the Association of Apartment Owners; 

(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; 

(d) 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 members of the Board; 

(g) the powers of the Board to engage the service of a Manager; 

(h) delegation of powers and duties of the Board to such Manager; 

(i)  method  of  calling  meetings  of  the  Association  of  Apartment  Owners  and  the  number  of 

members of such Association who shall constitute a quorum for such meetings; 

(j)  election  of  a  President  of  the  Association  of  Apartment  Owners  from  among  the  apartment 
owners,  who,  shall  preside  over  the  meetings  of  the  Board  and  of  the  Association  of  Apartment 
Owners; 

(k)  election  of  a  Secretary  to  the  Association  of  Apartment  Owners  from  among  the  apartment 
owners, who shall be an ex officio member of the Board and shall keep two separate minutes books, 
one  for  the  Association  of  Apartment  Owners  and  the  other  for the  Board,  pages  of each of  which 
shall be consecutively numbered and authenticated by the President of the Association of Apartment 
Owners, and shall record, in the respective minutes books, the resolutions adopted by the Association 
of Apartment Owners or the Board, as the case may be; 

(l) election of a Treasurer from among the apartment owners, who shall keep the financial records 

of the Association of Apartment Owners as also of the Board; 

(m)  maintenance,  repair  and  replacement  of  the  common  areas  and  facilities  and  payment 

therefor; 

(n) manner of collecting from the apartment owners or any other occupant of apartments, share of 

the common expenses; 

(o) resignation and removal of persons employed for the maintenance, repair and replacement of 

the common areas and facilities; 

(p)  restrictions  with  regard  to  the  use  and  maintenance  of  the  apartments  and  the  use  of  the 
common areas and facilities, as may be necessary to prevent unreasonable interference in the use of 
each apartment and of the common areas and facilities by the several apartment owners; 

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(q) any matter which may be required by the Administrator to be provided for in the bye-laws for 

the proper or better administration of the property; 

(r) such other matters as are required to be, or may be, provided for in the bye-laws. 

(4)  The  bye-laws  framed  under  sub-section  (2)  may  also  contain  provisions,  not  inconsistent  with   

this Act,— 

(a) enabling the Board to retain certain areas of the building for commercial purposes and to grant 
lease of the areas so retained, and to apply the proceeds of such lease for the reduction of the common 
expenses  for  maintaining  the  building,  common  areas  and  facilities,  and  if  any  surplus  is  left  after 
meeting such expenses, to distribute such surplus to the apartment owners as income; 

(b) relating to the audit of the accounts of the Association of Apartment Owners and of the Board, 

and of the administration of the property; 

(c) specifying the times at which and the manner in which annual general meetings and special 

general meetings of the Association of Apartment Owners shall be held and conducted; 

(d)  specifying  the  time  at  which  and  the  manner  in  which,  the  annual  report  relating  to  the 

activities of the Association of Apartment Owners shall be submitted; 

(e)  specifying  the  manner  in  which  the  income  derived  and  expenditure  incurred  by  the 

Association of Apartment Owners shall be dealt with, or as the case may be, accounted for. 

16. Insurance.—(1) The Board or Manager— 

(a)  shall  have,  if  requested  so  to  do  by  a  mortgagee  having  a  first  mortgage  covering  an 

apartment, the authority to, and 

(b) shall, if required so to do by the bye-laws or by a majority of the apartment owners, 

obtain insurance for the property against loss or damage by fire or other hazards under such terms and for 
such amounts as shall be so requested or required. 

(2) Such insurance coverage shall be written on the property in the name of such Board or Manager as 

trustee for each of the apartment owners in the percentages specified in the bye-laws. 

(3) The premia payable in respect of every such insurance shall be common expenses. 

(4)  The  provisions  of  sub-sections  (1)  to  (3)  shall  be  without  prejudice  to  the  right  of  each  of  the 

apartment owner to insure his own apartment for his benefit. 

17. Disposition of property, destruction or damage.—If within sixty days of the date of damage or 
destruction  to  all,  or  part  of  any  property,  or  within  such  further  time  as  the  competent  authority  may, 
having  regard  to  the  circumstances  of  the  case,  allow,  the  Association  of  Apartment  Owners  does  not 
determine to repair, reconstruct or re-build such property, then, and in that event,— 

(a) the property shall be deemed to be owned in common by the apartment owners; 

(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; 

(c)  any  incumbrances  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  the  apartment 
owner in the property; 

(d) the property shall be subject to an action for partition at the suit of any apartment owner in 
which event, the net proceeds of sale together with the net proceeds of the insurance on the property, 
if any, shall be considered as one fund and shall be divided amongst all the apartment owners in the 
percentage  equal  to  the  percentage  of  undivided  interest  owned  by  each  apartment  owner  in  the 
property after paying out, all the respective shares of the apartment owners to the extent sufficient for 
the purpose and all charges on the undivided interest in the property owned by each apartment owner. 

13 

 
18. Action.—(1) Without prejudice to the rights of any apartment owner, action may be brought by 
the  Board  of  Manager,  in  either  case  in  the  discretion  of  the  Board  on  behalf  of  two  or  more  of  the 
apartment owners as their respective interest may appear, with respect to any cause of action relating to 
the common areas and facilities or more than one apartment. 

(2) The  service of  process on  two  or  more  apartment owners  in  any  action relating  to  the common 
areas and facilities or more than one apartment may be made on the person, designated in the bye-laws to 
receive service of process. 

CHAPTER V 

COMMON PROFITS, COMMON EXPENSES AND OTHER MATTERS 

19.  Common  profits,  common  expenses  and  other  matters.—(1)  The  common  profits  of  the 
property 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. 

(2) Where the apartment owner is not in the 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. Apartment owner not to be exempt from liability for contribution by waiver of the use of the 
common  areas  and  facilities.—No  apartment  owner  may  exempt  himself  from  liability  for  his 
contribution  towards  the  common  expenses  by  waiver  of  the  use  of  enjoyment  of  any  of  the  common 
areas and facilities, or by the abandonment of his apartment. 

21. Common expenses to be a charge on the apartment.—All sums assessed by the Association of 
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— 

(i) the charge, if any, on the apartment for payment of Government and municipal taxes; and 

(ii) all the sums unpaid on a first mortgage of the apartment. 

22.  Separate  assessments.—(1)  Notwithstanding  anything  to  the  contrary  contained  in  any  law 
relating to local authorities, each apartment and its percentage of undivided interest in the common areas 
and facilities appurtenant to such apartment (including an apartment in respect of which the provisions of 
this  Act  were  applied  under  the  proviso  to  section  2)  shall  be  deemed  to  be  separate  property  for  the 
purpose of assessment of tax on lands and buildings leviable under such law and shall be assessed and 
taxed accordingly; and for this purpose a local authority shall make suitable regulations to carry out the 
provisions of this section. 

(2) Neither the multi-storeyed building nor the property nor the common areas and facilities referred 

to in sub-section (1), shall be deemed to be separate properties for the purpose of the levy of such taxes. 

23. Joint and several liability of vendor, etc., for unpaid common expenses.—(1) Upon the sale, 
bequest or other transfer of an apartment, the purchaser of the apartment or the grantee or legatee or the 
transferee, as the case may be, shall be jointly and severally liable with the vendor or the transferor for 
all unpaid assessments against the vendor or transferor for his share of the common expenses up to the 
time of the sale, bequest or other transfer, without prejudice to the right of the purchaser, grantee, legatee 
or  transferee  to  recover  from  the  vendor  or  the  transferor  any  amount  paid  by  the  purchaser,  grantee, 
legatee or transferee therefor. 

(2) Any purchaser, grantee, legatee or transferee referred to in sub-section (1) shall be entitled to a 
statement  from  the  Board  or  Manager  setting  forth  the  amount  of  the  unpaid  assessment  against  the 
vendor or transferor, as the case may be, and such purchaser, grantee, legatee or transferee shall not be 
liable for, nor shall the apartment be sold subject to a charge for any unpaid share of common expenses 
against such apartment accrued prior to such sale, bequest or other transfer, in excess of the amount set 
forth in the statement. 

14 

 
 
 
CHAPTER VI 

MISCELLANEOUS 

24.  Act  to  be  binding  on  apartment  owners,  tenants,  etc.—(1)  The  provisions  of  this  Act  shall 
have effect notwithstanding anything inconsistent therewith contained in any other law for the time being 
in force or in any contract, undertaking or other instrument and all apartment owners, tenants of owners, 
employees of owners and tenants, or any other person who may, in any manner, use the property or any 
part thereof to which this Act applies, shall be subject to the provisions of this Act and the bye-laws and 
the rules made thereunder: 

Provided that nothing contained in this sub-section shall affect the right, title or interest acquired by 
any allottee or other person in common areas and facilities from any promoter on or before the 28th day 
of February, 1986. 

(2)  All  agreements,  divisions  and  determinations  lawfully  made  by  the  Association  of  Apartment 
Owners in accordance with the provisions of this Act and the bye-laws shall be deemed to be binding on 
all apartment owners. 

25. Power to exempt stamp duty, registration fee and court fees and power to refund.—(1) The 
Central Government may, by notification in the Official Gazette, reduce or remit, whether prospectively 
or retrospectively from a date not earlier than the date of commencement of this Act,— 

(a) the stamp duty with which, under any law relating to stamp duty for the time being in force, 
instruments or documents executed by or on behalf of a promoter, apartment owner or Association of 
Apartment Owners relating to any of the purposes of this Act are respectively chargeable; 

(b)  any  fee  payable  by  or  on  behalf  of  any  promoter,  apartment  owner  or  Association  of 
Apartment  Owners  in  relation  to  instruments  or  documents  referred  to  in  clause  (a)  under  any  law 
relating to registration of documents or to court fees, for the time being in force,  

and which the Central Government is competent to levy. 

(2) The Central Government may refund the amount of any duty or fee paid in pursuance of any law 
referred  to  in  sub-section  (1)  in  such  circumstances,  to  such  extent  and  subject  to  such  terms  and 
conditions, if any, as that Government may, by order, determine. 

26. Removal of doubts.—For the removal of doubts, it is hereby declared that the provisions of the 
Transfer of Property Act, 1882 (4 of 1882), shall, in so far as they are not inconsistent with the provisions 
of  this  Act,  apply  to  the  transfer  of  any  apartment,  together  with  its  undivided  interest  in  the  common 
areas and facilities appurtenant thereto, made by the owner of such apartment, whether such transfer is 
made by sale, lease, mortgage, exchange, gift or otherwise, as they apply to the transfer of any immovable 
property. 

27. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to carry out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a)  the  purposes,  other  than  the  purposes  specified  in  section  2,  for  which  any  multi-storeyed 

building may be utilised; 

(b) the type of independent uses, other than the uses specified in clause (c) of section 3, which 

may be made of an apartment; 

(c)  the  community  and  commercial  facilities  which  may  be  included  in  common  areas  and 

facilities under sub-clause (vii) of clause (j) of section 3; 

(d) the scales of composition fees which may be paid under section 8 for the breach of the terms 

and conditions of any lease or sub-lease; 

(e)  the  scales  in  accordance  with  which  compensation,  to  be  paid  for  the  ejectment  of  an 

apartment owner from his apartment, shall be determined as required by sub-section (7) of section 8; 

15 

 
(f)  the  form  and  manner  in  which,  and  the  period  within  which,  an  instrument  referred  to  in  

clause (b) of section 9, shall be executed and registered; 

(g) the form in which the Register of Deeds of Apartments under the Delhi Apartment Ownership 
Act, 1986 and the index relating thereto shall be kept and the particulars which such Register shall 
contain as required by sub-section (2) of section 14; 

(h) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

16 

 
 
