THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015

Power to remove difficulties (1) If any difficultyarises in giving effect to the provisions of this Act, the StateGovernment may, as occasion may require, by order, do anythingnot inconsistent with the provisions of this Act, which appears to itto be necessary for the purpose of removing the difficulty:Provided that no such order shall be made …

Section 35 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 Read More »

Power to make rules – (1) The State Government may,by notification in the Official Gazette, make rules to carry out theprovisions of this Act.(2) In particular, and without prejudice to the generality ofthe foregoing power, such rules may provide for all or any of thefollowing matters, namely:-(a) the type of independent uses, other than the …

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Removal of doubts For the removal of doubts, it ishereby declared that the provisions of the Transfer of Property Act,1882 (Central Act No. 4 of 1882) shall, in so far as they are notinconsistent with the provisions of this Act, apply to the transfer ofany apartment, together with its undivided interest in the commonareas and …

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Bar of jurisdiction of courts, etc No court or other authority shall have, or be entitled to exercise, any jurisdiction,power or authority in relation to the matters for which CompetentAuthority or the Appellate Authority has, or is entitled to exercise,jurisdiction, power or authority under this Act. Practice area’s of B K Goyal & Co LLP …

Section 32 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 Read More »

Appellate Authority, Competent Authority and their staff to be public servants The Appellate Authority, the Competent Authority and officers and other employees workingunder the Appellate Authority and Competent Authority shall bedeemed to be public servant within the meaning of section 21 ofIndian Penal Code, 1860 (Central Act No. 45 of 1860). Practice area’s of B …

Section 31 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 Read More »

Protection of action taken in good faith No suit,  prosecution or other legal proceeding shall lie against theAppellate Authority or the Competent Authority or any otherperson authorized by the Appellate Authority or CompetentAuthority for anything which is done or intended to be done ingood faith in pursuance of this Act or any rule, bye-laws or …

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Penalty for breach of the provisions of this Act (1) If a promoter or an Association or an apartment ownercontravenes any provision of this Act or the rules made thereunder,or commits the breach of any provision of bye-law of theAssociation or of the terms and conditions of the Deed ofApartment, or does anything detrimental to …

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Act to be binding on promoters, apartment owners, tenants, etc (1) The provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in anyother law for the time being in force or in any contract,undertaking or other instrument and all promoters, apartmentowners, tenants of owners, employees of owners and tenants, orany other person who …

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Appellate Authority and Appeals (1) The StateGovernment may, by notification in the Official Gazette, appointan officer or an authority as Appellate Authority, with the power todecide appeals against the orders of the Competent Authorityunder this Act:71Provided that the State Government may appoint more thanone officer or authority under this sub-section and distribute thework among them …

Section 27 – THE RAJASTHAN APARTMENT OWNERSHIP BILL, 2015 Read More »

Powers of the Competent Authority The CompetentAuthority shall, for the purposes of discharging its functions underthis Act, have the same powers as are vested in a civil court underthe Code of Civil Procedure, 1908 (Central Act No. 5 of 1908)while trying a suit, in respect of the following matters, namely:-(a) summoning and enforcing the attendance …

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