Section 38 in The Punjab Apartment Ownership Act, 1995
38. Power to make rules.
(1)The State Government may, subject to the condition of previous publication 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 manner in which the percentage of undivided interest of each apartment in a building, parts of which are put to non-residential use, should be determined, under the proviso to sub-section (2) of section 4;(b)the form and manner in which an instrument referred to in clause (b) of section 9 shall be executed and registered;(c)the scales of composition fee which may be paid under sub- section (3) of section 12 for the breach of the terms and conditions of any lease or sub-lease;(d)the form in which the register of deeds of apartments and the index relating thereto shall be kept and the particulars which such register shall contain as required by sub-section (3) of section 16;(e)the model bye-laws of the association of apartment owners under sub-section (1) of section 20;(f)powers of a civil court which may be conferred on the competent authority under sub-section (2) of section 32;(g)the form and manner in which an appeal against an order of the competent authority has to be preferred to an appellate authority, under sub- section (2) of section 33 ; and(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 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 modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
