TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

©

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2022

[Price : Rs. 8.00 Paise.

No. 264]

CHENNAI, SATURDAY, MAY 7,  2022

Chithirai 24, Subakiruthu, Thiruvalluvar Aandu-2053

DTP—Ex-IV-1 (264)

[233]

Part IV—Section 1

Tamil Nadu Bills

CONTENTS

BILLS:

Pages

No. 30 of 2022—The Tamil Nadu Payment of Salaries (Amendment) Act, 2022 .. ..

234-236

No. 31 of 2022— The Tamil University (Amendment) Act, 2022 .. .. .. ..

237-238

No. 32 of 2022—The Tamil Nadu Apartment Ownership Act, 2022 .. .. ..

239-251

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

BILLS INTRODUCED IN THE LEGISLATIVE ASSEMBLY

OF THE STATE OF TAMIL NADU

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

7th May, 2022 is published together with Statement of Objects and Reasons for

general information:-

L.A Bill No. 30 of 2022

Short title and

Commencement.

A Bill further to amend the Tamil Nadu Payment of

Salaries Act, 1951.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy–third Year of the Republic of India as follows:-

1. (1) This Act may be called the Tamil Nadu Payment of Salaries

(Amendment) Act, 2022.

(2) It shall come into force at once.

Amendment of

section 12.

2. In section 12 of the Tamil Nadu Payment of Salaries Act, 1951, for

sub-section (2) excluding the proviso thereto, the following sub-section shall

be substituted, namely:-

“(2) The salary referred to in clause (a) of sub-section (1), the

compensatory allowance referred to in sub-section (1-A), the constituency

allowance and the postal allowance referred to in sub-section (1-AA) and

the telephone allowance referred to in sub-section (4-B) shall accrue to

a Member from the date on which he is declared duly elected or if such

declaration is made before the vacancy occurs, from the date of occurrence

of the vacancy:”.

Tamil Nadu Act XX

of 1951.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

235

STATEMENT OF OBJECTS AND REASONS

As per Article 334(b) of the Constitution of India, as amended by the Constitution (One Hundred and fourth

Amendment) Act, 2019, the representation of the Anglo-Indian community in the House of the People and in the

Legislative Assemblies of the States by nomination, shall cease to have effect on the expiration of a period of seventy

years from the commencement of the Constitution. Hence no person has been nominated from the Anglo Indian

community to the 16th Tamil Nadu Legislative Assembly constituted on 03.05.2021.

2.

In the light of the said Constitution (One Hundred and fourth Amendment) Act, 2019, the Government have

decided to amend the Tamil Nadu Payment of Salaries Act, 1951 (Tamil Nadu Act XX of 1951), suitably.

3. The Bill seeks to give effect to the above decision.

M.K. STALIN,

Chief Minister.

Secretariat,

Chennai-600 009, K. SRINIVASAN,

7th May 2022. Secretary.

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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

237

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

7th May, 2022 is published together with Statement of Objects and Reasons for

general information:-

L.A Bill No. 31 of 2022

A Bill further to amend the Tamil University Act, 1982.

Be it enacted by the Legislative Assembly of the State of Tamil Nadu in

the seventy-third year of the Republic of India as follows:-

1. (1) This Act may be called the Tamil University (Amendment)

Act, 2022.

Short title and

commencement.

(2) It shall come into force at once.

Tamil Nadu Act 9 of

1982.

2. In section 6 of the Tamil University Act, 1982, (hereinafter referred to

as the principal Act), in sub - section (1), in clause (a) the expression

“deaf-mute or suffering from leprosy” shall be omitted.

Amendment of

section 6.

3. In section 39 of the principal Act, in sub-section (2), the expression “or

deaf-mute or suffers from leprosy” shall be omitted.

Amendment of

section 39.

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STATEMENT OF OBJECTS AND REASONS

The Tamil University Act, 1982 (Tamil Nadu Act 9 of 1982) disqualifies any person who is deaf-mute or suffering

from leprosy, for election or nomination as a member of any of the authorities of that University. Further, the said Act

also enables the Syndicate of the University to remove any person from the membership of any authorities of the

University, if he becomes deaf-mute or suffers from leprosy.

2. The Chairperson, National Human Rights Commission has stated that one of the major recommendation

of the Advisory issued by the Commission is to amend thirteen (13) legislations of the State of Tamil Nadu which

discriminate leprosy affected persons and these laws violate the Human Rights and requested to amend the said

Laws suitably. The said Tamil University Act, 1982 is one among the said thirteen State legislations.

3. According to section 3 of the Rights of Persons with Disabilities Act, 2016 (Central Act 49 of 2016), the

Government shall ensure that the persons with disabilities enjoy the right of equality, life with dignity and respect for

his or her integrity equally with others and no person with disability shall be discriminated on the ground of disability,

unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim.

4. The Government have therefore decided to amend the said Tamil University Act, 1982 suitably, so as to omit

the aforesaid disqualifications for being elected or nominated as a member of any of the authorities of the University.

5. The Bill seeks to give effect to the above decision.

THANGAM THENNARASU,

Minister for Industries.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

7th May 2022.

Secretary.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

239

Under Rule 130 of the Tamil Nadu Legislative Assembly Rules, the following

Bill which was introduced in the Legislative Assembly of the Tamil Nadu on

7th May, 2022 is published together with Statement of Objects and Reasons

for general information:-

L.A Bill No. 32 of 2022

A Bill to repeal and re-enact the Tamil Nadu Apartment

Ownership Act, 1994.

Be it enacted by the Legislative Assembly of the State of

Tamil Nadu in the Seventy-third Year of the Republic of India as

follows:—

1.

(1) This Act may be called the Tamil Nadu Apartment

Ownership Act, 2022.

Short title, extent and

commencement.

(2) It extends to the whole of the State of Tamil Nadu.

(3) It shall come into force on such date as the State

Government may, by notification, appoint and different dates may be

appointed for different areas.

2. In this Act, unless the context otherwise requires,—

Definitions.

(a) “apartment” means a separate and self-contained part of

any property, including one or more rooms or enclosed spaces, located

in one or more floors or any part thereof in a building, used or intended

to be used for residential or any commercial purpose, whether called

block, chamber, dwelling unit, flat, office, showroom, shop, premises,

suite, tenement, unit or by any other name;

(b) “apartment number” means the number, letter, or

combination thereof designating an apartment;

(c) “apartment owner” means the person owning an apartment

and includes a person who has taken an apartment on lease for a

period of not less than thirty years;

(d) “appropriate authority” means the local authority or any

authority created or established under any law for the time being in

force by the Central or State Government, for sanction of plan or issue

of completion certificate for building;

(e) “association” means the association of apartment owners,

competent to contract in its own name and formed in accordance with

the bye-laws;

(f) “building” means a building containing four or more

apartments comprised in a property;

(g) “bye-laws” means the bye-laws of an association made as

per section 6;

(h) “carpet area” means the net usable floor area of an

apartment excluding the area covered by the external walls, areas under

services shafts, verandah area and open terrace area, but includes the

area covered by the internal partition walls of the apartment;

(i)

“common areas and facilities” include,—

(i) the stair cases, lifts, staircase and lift lobbies, fire

escapes, and common entrances and exits of the project;

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(ii) the common basements, stilt, terraces, parks, play

areas, open parking areas and common storage spaces;

(iii) the premises for the lodging of persons employed for

the management of the property including accommodation for watch

and ward staff or for the lodging of community service personnel;

(iv) installations of central services such as electricity,

gas, water and sanitation, air-conditioning and incinerating, system for

water conservation and renewable energy;

(v) the water tanks, sumps, motors, fans, compressors,

ducts and all apparatus connected with installations for common use;

(vi) all community facilities developed in the property;

(vii) all other portion of the project necessary or convenient

for its maintenance, safety, etc., and in common use including limited

common areas and facilities;

(j)

“common expenses” means and includes,—

(i) all sums assessed against the apartment owners by

the association;

(ii) expenses of administration, maintenance, repair or

replacement of the common areas and facilities;

(iii) legal expenses as may be incurred by the association

for the enforcement of the claims of the society or apartment owners;

(iv) expenses resolved as common expenses by the

association; and

(v) expenses declared as common expenses under this

Act or the bye-laws;

(k) “common profit” means the balance of all income, rents

and other revenue from the common areas and facilities remaining,

after deduction of the common expenses;

(l) “competent authority” means an officer or authority notified

by the Government as 'competent authority' for the purpose of this Act

and may notify as many competent authorities, as they deem fit;

(m) “declaration” means a declaration made under section 4;

(n) “development” with all its grammatical variations and

cognate expressions, means the development of immovable property,

carrying out engineering or other operations in, on, over or under the

land or the making of any material change in any immovable property

or land and includes re-development;

(o) “federation” means the body formed by two or more

societies or associations as per bye-laws;

(p) ”Form” means a Form appended to the Rule;

(q) ”Government” means the State Government;

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241

(r) “limited common areas and facilities” means those common

areas and facilities which may be designated in the declaration as

reserved for use of certain apartment owners to the exclusion of others,

which may include car park space, balcony, verandah area, and open

terrace area appertaining to the apartment;

(s) “local authority” means,-

(i) any municipal corporation established under any law

for the time being in force; or

Tamil Nadu Act V of

1920

(ii) a municipal council constituted under the Tamil

Nadu District Municipalities Act, 1920; or

Tamil Nadu Act 21 of

1994

(iii) a village panchayat constituted under the Tamil

Nadu Panchayats Act, 1994:

(t) “plan” means the plan for development of any project

sanctioned by the appropriate authority.

(u) “prescribed” means prescribed by rules made under this

Act;

(v) “project” means the development of a building or an

existing building or a part thereof;

(w) “promoter” means,-

(i) a person who builds, constructs, develops or causes

to build, construct or develop a building or an existing building or a part

thereof; or

(ii) a development authority or any other public body in

respect of a building developed by such authority or body, on lands

owned by it or placed at its disposal by the Government; or

(iii) a housing society which develops buildings for its

members or in respect of the allottees of such buildings.

Explanation.— For the purposes of this clause, in cases where

the person who develops a building or an existing building into

an apartment and the person who sells the apartment are different

persons, both of them shall be deemed to be promoters;

(x) “property” means any site area wherein projects are

developed in one or multiple phases;

(y) “site area” means the area of the entire parcel of land

covered under the plan;

Tamil Nadu Act 30 of

1983

Tamil Nadu Act 27 of

1975

(z) “society” means any association existing on the date of

coming into force of this Act, representing the majority of apartment

owners in a property registered under the Tamil Nadu Co-operative

Societies Act, 1983 or the Tamil Nadu Societies Registration Act, 1975;

(aa) “subsequent apartment owner” means any person

acquiring an apartment by way of purchase or by way of lease for a

period of not less than thirty years or by inheritance from an apartment

owner.

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Apartment to be

heritable and

transferable.

3. (1) Each apartment owner shall be entitled to the exclusive

ownership and possession of his apartment.

(2) An apartment, together with its undivided interest in

the common areas and facilities, shall constitute a heritable and

transferable immovable property within the meaning of any law for the

time being in force:

Provided that no apartment or its undivided interest in the

common areas and facilities shall be partitioned or sub-divided for any

purpose whatsoever.

Declaration.

4. (1) The promoter or majority of apartment owners of a

building, as the case may be, shall submit a declaration in such Form,

as may be prescribed, in duplicate, accompanied with such fees and in

such manner as may be prescribed, to the competent authority within

ninety days from the date of issue of the completion certificate of the

building by the appropriate authority:

Provided that in respect of every building in existence on the

date of commencement of this Act, the Form shall be submitted within

one hundred and eighty days from that date.

(2) On receipt of a declaration under sub-section (1), the

competent authority may hold such inquiry, as deemed necessary, to

ascertain whether —

(i) the property comes within the purview of the Act; and

(ii) the declaration, is in order.

(3) The competent authority, on being satisfied that the

declaration is in order, shall make an endorsement on the body of the

declaration, testifying the fact of acceptance of the declaration, put its

dated signature, and set its seal and return it back to the declarant and

retain a copy of the same for record.

(4) If the competent authority were to find on examination that

the declaration does not conform to the requirements of this Act or the

rules made thereunder, it shall return the declaration, indicating the

defects to be rectified, with direction to resubmit the same within a

period of thirty days.

Amendment of

declaration.

5. (1) The declaration as accepted under sub-section (3) of

section 4 or under sub-section (1) of section 10 shall be amended,—

(i) if there is any bona fide mistake in the declaration; or

(ii) subsequent to the acceptance of the declaration, if

there is any alteration in the description or nature of the property or any

part thereof to which such declaration relates; or

(iii) consequent on re-development of the project under

section 13.

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(2) An application for amendment of declaration shall,

be submitted within such time, in such Form and manner, together

with such fee as may be prescribed, to the competent authority. The

provisions of sub-sections (2), (3) and (4) of section 4 shall apply to

such application.

6. (1) Every project shall be administered and governed in

accordance with the bye-laws of the association.

Bye-laws.

(2) The bye-laws shall provide for the following, namely:-

(i)

the manner in which the association is to be formed,

the election of a board of managers from among the apartment

owners, the number of persons constituting the board, the number of

members of the board to retire annually, the powers and duties of the

board, the honorarium, if any, of the members of the board, the method

of removal from office of members of the board, the powers of the

board to engage the services of a secretary or manager, delegation of

powers and duties to such secretary or manager;

(ii) meetings of the apartment owners and the number

to constitute quorum;

(iii) election of a president who shall preside over the

meetings of the board and of the association;

(iv) maintenance of the common areas and repair and

replacement of the common facilities and payment thereof;

(v) the manner of collecting share of the common

expenses from the apartment owners;

(vi) the manner in which a federation is to be formed, in

cases, where it's formation is necessary; or

(vii) any other matter necessary for the administration of

the property.

(3) As soon as may be, after the acceptance of the declaration

under sub-section (3) of section 4, the majority of apartment owners

shall make the bye-laws as per sub-section (2) and submit the same to

the competent authority, who shall register it.

7.

On registration of the bye-laws with the competent authority,

the apartment owners shall form an association of the apartment

owners for a building as per the bye laws:

Formation of association

of apartment owners.

Provided that in respect of buildings in existence on the date of

commencement of this Act, wherein there is a single association for

a building, such association shall be deemed to be the association of

that building under this Act.

8. (1) Each apartment owner shall be entitled to an undivided

interest in the common areas and facilities in proportion to the carpet

area of his apartment to that of the total carpet area of the project.

The undivided interest in the common areas and facilities shall not be

separated from the apartment to which it appertains, or partitioned or

divided under any circumstance and shall be deemed to be conveyed

or encumbered with the apartment.

Common areas and

facilities.

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(2) Each apartment owner shall use the common areas and

facilities for the purposes for which they are intended, without hindering

or encroaching upon the lawful rights of the other apartment owners.

(3) The work relating to the maintenance, repair and

replacement of the common areas and facilities and the making of any

additions or improvement thereto shall be carried out in accordance

with the bye-laws.

Compliance with bye-

laws.

9. (1) Each apartment owner shall comply with the conditions and

restrictions set forth in the bye-laws.

(2) Where any apartment owner fails to comply with any of the

bye-laws 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 association or

by the aggrieved apartment owner.

(3) Notwithstanding anything contained in the Transfer of Property

Act, 1882, or in any other law for the time being in force, a subsequent

apartment owner shall be bound by the declaration and the bye-laws.

Central Act IV of 1882.

Formation of

federation.

10. (1) In the case of a property, comprising of more than one

project, having two or more societies or associations, such societies

and associations shall may form a federation for the purpose of

maintaining and managing the common areas and facilities which

are commonly enjoyed and availed by all the apartment owners in

that property as per the bye-laws. The common areas and facilities

declared by each such society or association shall be deemed to be

the collective common areas and facilities of the federation and the

federation shall submit a declaration to the competent authority in such

Form, as may be prescribed, in duplicate, accompanied by such fees

and in such manner as may be prescribed.

(2) On receipt of a declaration under sub-section (1), the

competent authority may hold such inquiry, as deemed necessary to

ascertain whether the declaration of the federation has been made as

per the bye-laws and is in order.

(3) The competent authority, on being satisfied that the

declaration is in order, shall make an endorsement on the body of the

declaration of the federation, testifying the fact of acceptance of the

declaration, put its signature and set its seal and return it back to the

Federation and retain a copy of the same for record.

(4) If the competent authority were to find on examination that

the declaration of the federation, does not conform to the requirements

of the Act or the rules made thereunder, or not formed as per the bye-

laws, it shall return the declaration indicating the defects to be rectified,

with directions to resubmit the same within a period of thirty days.

Appeal.

11. An appeal against an order of the competent authority under

sub-section (4) of section 4, sub-section (2) of section 5 and sub-

section (4) of section 10, shall lie to such appellate authority, as the

Government may, by notification appoint, within a period of thirty days

from the date of receipt of the order. The Government may appoint as

many appellate authorities as they deem fit:

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

245

Provided that the appellate authority may admit an appeal

preferred after the said period, if it is satisfied that the appellant was

prevented by sufficient cause from filing the appeal in time.

12. Collective common areas and facilities of a Federation shall

remain undivided and be available for the common use of the members

of all the societies or associations concerned.

Collective common

areas and facilities of

Federation.

13. Notwithstanding anything contained in this Act, re-

development of a project may be carried out on such terms and

conditions, as may be prescribed,-

(a) with the consent of not less than two-thirds of the apartment

owners of the project; or

(b) if the appropriate authority has certified that the building is

in ruinous condition, or in a such a state that it may endanger the lives

of the occupants or any other person.

Re-development.

14. Without prejudice to the right of each apartment owner to

insure his apartment, the association shall, if so required by a majority

of apartment owners, insure the building against fire, flood, cyclone or

such other hazards, under such terms and for such amounts as may

be required. The policy of the insurance of the property shall be written

in the name of the association, as trustee for each of the apartment

owner in the percentage specified in the declaration and the premium

payable under such policy of insurance shall be a common expense.

Insurance.

15. If, within sixty days from the date of damage or destruction to

all or any part of a property, it is not determined by the association to

repair, reconstruct or rebuild, in that event,-

Disposition of property

on destruction or

damage.

(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,

shall appertain to each apartment owner in the percentage of the

undivided interest previously owned by such owner in the common

areas and facilities ; and

(c) any encumbrance affecting any of the apartment 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 as provided herein.

16. Without limiting the rights of any apartment owner, action may

be brought by the association 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.

Action by association on

behalf of apartment

owners.

17. The association shall have right of access to each apartment

from time to time during reasonable hours, for the maintenance, repair

and replacement of any of the common areas and facilities therein

or accessible therefrom, or for making emergency repairs therein to

prevent any damage to the common areas and facilities or to other

apartments.

Right of association

to maintain, repair

and replace common

areas and facilities,

etc.

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Common profits and

expenses.

18. (1) The common profits of a property shall be distributed

among, and the common expenses shall be charged to, the apartment

owners according to the percentage of the undivided interest in the

common areas and facilities.

(2) Every apartment owner shall, notwithstanding his waiver

of the use or enjoyment of any of the common areas and facilities, 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.

(4) The apartment owner shall be liable to pay interest, at

such rate as may be prescribed for the delay in payment of charges

under sub-section (1).

Common expenses

to be charged on

property.

19. All sums assessed by the association as the share of the

common expenses chargeable to any apartment shall, constitute a

charge on such apartment, subject to the prior claim, if any,-

(i) of the Government in respect of land revenue or any money

recoverable as land revenue;

(ii) of any local authority in respect of tax or other assessment;

and

(iii) of the mortgage, in respect of all sums unpaid.

Separate

assessment.

20. 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 and facilities shall be deemed to be a separate

property for the purpose of assessment of tax on land and building

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 thereto, shall not be assessed to any such tax separately.

Accounts.

21. (1) Every association or federation, as the case may be, shall

keep proper books of accounts and prepare a receipts and expenditure

account and a balance-sheet at the end of every financial year and

shall cause them to be audited within three months therefrom, by an

auditor to be appointed by the association or federation, as the case

may be, in the manner as may be prescribed.

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247

(2) Every association or federation, as the case may be,

shall within such period as may be prescribed, file with the competent

authority —

(i) an authenticated copy of such receipts and expenditure

account, balance sheet and the auditor's report thereon; and

(ii) a statement of the names, addresses and occupations

of the members of the association or federation, as the case may be,

during the relevant financial year.

(3) The competent authority shall have the power to issue

directions to the association or federation, from time to time, with

reference to the accounts and the auditor's report, so filed and such

direction shall be binding upon the association or federation, as the

case may be.

22. 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 of 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

therefor. Any such purchaser or transferee shall be entitled to a

statement from the association 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 setforth in such statement.

Joint and several liability

of vendor, etc., for

unpaid common

expenses.

23. (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, the bye-laws and the

rules made thereunder.

Act to be binding on

apartment owners,

tenants, etc.

(2) All agreements, decisions and determinations made by

the society or the association, 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. (1) Whoever contravenes, any of the provisions of this Act,

rules, orders or directions issued thereunder or bye-laws shall, at the

instance of the association or an apartment owner or any person or

the competent authority, on conviction be liable to a fine which may

extend to one lakh rupees and in case of continuing contravention, to

an additional fine which may extend to five hundred rupees for every

day during which such contravention continues after the conviction.

Penalty.

(2) The provisions of this section shall apply without prejudice

to the provisions contained in sections 9, 19 and 22.

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Control and

supersession.

25. (1) If the board of managers of an association fail to perform

their functions under this Act or the bye-laws, on receipt of a complaint

from the association, or an apartment owner, in such manner, as may

be prescribed, the competent authority may give such direction, as it

deems fit.

(2) If the competent authority is of the opinion that the

functioning of any manager or the board of managers of any association

is detrimental to the interest of the association or of the apartment

owners or is against the public interest, the competent authority may

give a notice to the manager or the board of managers, to show cause,

as to why he should not be removed or, the board not be superseded,

as the case may be. If the reply of the manager or the board of

managers is not considered satisfactory, the competent authority may,

by order remove the manager or supersede the board of managers, as

the case may be, and appoint any member from amongst the members

of that association or any other person as administrator to perform the

functions of the board of managers, for a period not exceeding six

months:

Provided that the competent authority may, if it considers necessary

so as to do, by order extend the said period for a further period, not

exceeding six months at a time, so, however, that the aggregate period

shall not exceed three years.

Act to override other

laws.

26. (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.

27. 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 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.

Central Act IV of 1882.

Power to remove

difficulties.

28. 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.

Power to exempt.

29. The Government, may, by order, exempt any building or class

of buildings from all or any of the provisions of this Act or from any rules

made thereunder, subject to such conditions, as may be prescribed.

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249

30. (1) The Government may make rules for carrying out the

purposes of this Act.

Power to make rules.

(2) (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 so published.

(3) Every rule made or notification or order 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 notification or order, or the

Assembly decides that the rule or notification or order should not be

made or issued, the rule or notification or order 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

notification or order.

Tamil Nadu Act 7 of

1995.

31. (1) The Tamil Nadu Apartment Ownership Act, 1994

(hereinafter referred to in this section as the said Act) is hereby

repealed.

Repeal and savings.

(2) Notwithstanding such repeal, any act or anything done under

the said Act shall be deemed to have been done under this Act and

may be continued and completed under the corresponding provisions

of this Act.

(3) Notwithstanding anything contained in this Act, rules, orders,

notifications, bye-laws or any other order made or issued before

the commencement of this Act and in force on the date of such

commencement providing for or relating to any of the matters for the

furtherance of which this Act is enacted shall continue to be in force

and effective as if they are made under the corresponding provisions

of this Act unless and until superseded by anything done or any action

taken under this Act.

250

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS.

The purpose of enacting the Tamil Nadu Apartment Ownership Act, 1994 (Tamil Nadu Act VII of 1995) was to

effectively manage apartment community and to acknowledge the rights and duties of apartment owners. The said

Act envisages formation of association of apartment owners or society to undertake maintenance and management

of common areas and facilities in the property. In due course of administration of the provisions of the said Act since

1997, it has been observed that there are several practical difficulties in complying with the requirements laid down

in the provisions of the said Act as the real estate sector has undergone drastic transformation.

2.

In view of the dynamic developments in the housing industry, expansion and growth of the real estate

sector in the State, and in the interests of effective delineation of rights and responsibilities of apartment

owners and in order to provide for effective management and maintenance of apartment community,

the State Government have made a considered decision to enact a new legislation by repealing the Tamil Nadu

Apartment Ownership Act, 1994 (Tamil Nadu Act VII of 1995).

3.

The Bill seeks to give effect to the above decision

S. MUTHUSAMY,

Minister for Housing and Urban

Development.

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251

MEMORANDUM REGARDING DELEGATED LEGISLATION.

Clauses 1(3), 4(1), 5(2), 10(1), 11, 13, 18(4), 21, 25(1), 28, 29, and 30 of the Bill authorises the Government to

make rules or issue notifications or orders or directions, as the case may be, for the purposes specified therein.

2. The powers delegated are normal and not of an exceptional character.

S. MUTHUSAMY,

Minister for Housing and Urban

Development.

Secretariat,

Chennai-600 009,

K. SRINIVASAN,

7th May 2022.

Secretary.

PRINTED  AND  PUBLISHED  BY  THE COMMISSIONER  OF  STATIONERY  AND  PRINTING, CHENNAI

ON  BEHALF  OF  THE  GOVERNMENT  OF  TAMIL  NADU