Section 45 in Punjab Apartment and Property Regulation Act, 1995
45. Power to make rules.
(1)The State Government may, subject to the condition of previous publication, by notification in the Official Gazette, make rules for carrying into effect 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 particulars as respects the design and the materials to be used in the construction of the building and the other information and documents to be disclosed, the manner in which disclosure is to be made and the documents of which true copies shall be given by the promoter under clauses (f), (m) and (n) of sub-section (2) of section 3;(b)the other matters to be disclosed in an advertisement or prospectus under sub-section (2) of section 4;(c)the form of the application, the information to be attached with the application and the fee to be paid for the grant of permission under sub- section (1) of section 5;(d)the authority to be prescribed for giving opinion to the competent authority under sub-section (2) of section 5;(e)the form of licence to be issued and the agreement to be entered into under sub-section (3) of section 5;(f)the fee to be paid for renewal of licence under sub-section (4) of section 5;(g)the criteria of the economically weaker sections of society and the manner of reserving residential apartments or plots for weaker sections of society and the conditions subject to which the reservation is to be made under sub-section (2) of section 3 and under sub-section (9) of section 5;(h)the manner of recovering charges under sub-section (13) of section 5;(i)the form for the agreement of sale and the particulars to be contained in and the documents or copies thereof to be attached to such agreement under sub-section (1) of section 6;(j)the rate of interest under sub-section (2) of section 6;(k)the fee to be paid under sub-section (2) of section 11;(l)the particulars to be included in respect of conveyance deed of apartment under section 15;(m)the form of application under sub-section (1) of section 16;(n)the matters to be prescribed under section 20;(o)the form in which an application for registration of promoters and estate agents should be made and the fee for such application form for maintenance of registers and the form of registration certificate under sub- section (2) of section 21;(p)the qualifications for a promoter and for an estate agent and the amount and manner of security to be furnished under section 22;(q)the fee for renewal of registration under section 23;(r)the form and manner of maintaining accounts, registers and records by a promoter or estate agent under sub-section (1) and maintenance of register by the competent authority under sub-section (2) of section 28;(s)the manner in which the accounts should be audited and certified by a chartered accountant under section 29;(t)the periodical returns which a promoter or estate agent has to submit to the competent authority under section 30;(u)the purposes to be prescribed under sub-section (4) of section 32;(v)form and manner in which an appeal should be preferred to the appellate authority under sub-section (2) of section 33; and(w)any other matter which has to be or may be prescribed by rules.(3)Every rule made under this section shall be laid as soon as may be, after it is made, before the House of the State Legislature, while it is in session for a total period of fourteen days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the successive sessions aforesaid, the House agrees in making any modification in the rule, or the House agrees 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 modifications or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
