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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
(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;
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
243
(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.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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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TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
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