JAIPUR: The Rajasthan Apartment Ownership Bill (2015)
JAIPUR: The Rajasthan Apartment Ownership Bill (2015), which was sent to the President of India for final approval, has been returned with proposed amendments.
The Centre has proposed to remove a few clauses from the bill. An official said the housing and poverty alleviation ministry and the rural development ministry's department of land resources have raised objections to the bill.
The housing and poverty alleviation ministry has proposed some amendments in the apartment ownership provision. Also, the right of developers should be abolished after construction of the apartment. It was highlighted that ministry would soon introduce a Real Estate (Regulation and Development) Bill, which once enacted, would reduce the scope of apartment ownership bill.
The official said, "The ministry has also asked to remove the clauses 6, 11(1), and 11(2) as the same clauses are mentioned in the real estate bill and so there could be a conflict."
The department of land resources has mentioned that there is a need for amendments in the Registration Act 1908. A senior official said, "The UDH department is preparing a reply which will be sent to the Centre. Once, a no objection certificate (NOC) is received from all the Union ministries and departments, the bill will be implemented."
With the new objections, the residents staying in apartments are back to square one as they continue to wait for their rights.
The state cabinet in February this year had paved the way for the bill which was sent for the final approval. If it was implemented as legislation, every apartment in any building constructed or a structure converted into an apartment before or after the commencement of the bill would have fallen under its ambit.
As per the proposed regulations, a builder will have to furnish a written commitment to pay a requisite penalty in case of missing the deadline in the proposed project. At the time of booking of an apartment, developers will declare the penalty for delay in completion or handing over the possession.
It would also be mandatory for them to show the title deed of the land on which apartments are proposed, approved building plans, details of common areas and limited common areas. Moreover, the developers will have to specify in the agreement the details of built-up area of the apartment on the basis of which the price of the apartment shall be calculated.
Residential apartments in the recent past have increased at an exponential rate with more than 20,000 units under construction in the state capital itself. In the absence of any policy framework, the builders were violating norms and duping a large number of customers.