[3
OF 2024] [03rd
January 2024] An Act further to amend the
Maharashtra Apartment Ownership Act, 1970. WHEREAS both Houses of the
State Legislature were not in session ; AND WHEREAS the Governor of
Maharashtra was satisfied that circumstances existed which rendered it
necessary for him to take immediate action further to amend the Maharashtra
Apartment Ownership Act, 1970 for the purposes hereinafter appearing ; and, therefore,
promulgated the Maharashtra Apartment Ownership (Amendment) Ordinance, 2023 on
the 23rd October 2023 ; AND WHEREAS it is expedient
to replace the said Ordinance, by an Act of the State Legislature ; it is
hereby enacted in the Seventy-fourth Year of the Republic of India, as follows
:- (1)
This Act may be called the Maharashtra
Apartment Ownership (Amendment) Act, 2023. (2)
It shall be deemed to have come into force on
the 23rd October 2023. After section 6A of the
Maharashtra Apartment Ownership Act, 1970 (hereinafter referred to as "
the principal Act "), the following section shall be inserted, namely :- "6B.
Summary eviction of apartment owners in certain cases. (1)
Where the Association of Apartment Owners,
after obtaining the consent of the majority of apartment owners, submits the
proposal to the concerned Planning Authority for redevelopment of the building
as per section 6A, and if the said proposal is approved by the Planning
Authority, then it shall be binding on all the apartment owners to vacate the
apartment : Provided that, it shall be
binding upon the concerned Association of Apartment Owners or developer
responsible for the redevelopment, as the case may be, to make available to all
the apartment owners of such apartment or building, alternate temporary
accommodation or rent in lieu of such accommodation. (2)
If the apartment owner refuses to vacate the
apartment as per provisions of sub-section (1), then the Association of
Apartment Owners or developer may request in writing to the Planning Authority
to evict such apartment owner. (3)
The Planning Authority may, after receipt of
such a request under sub-section (2), by a written notice, order any apartment
owner to vacate the apartment forthwith or within the time specified in such
notice. (4)
In every such notice the Planning Authority
shall clearly specify the reasons for requiring such apartment owner to vacate
the apartment. (5)
The affixing of such written notice on any
part of such apartment or building shall be deemed a sufficient intimation to
the occupiers of such apartment or building or portion thereof. (6)
On the issue of a notice under sub-section
(3), every person in occupation of the apartment thereof to which the notice
relates shall vacate such apartment as directed in the notice and no person
shall so long as the notice is not withdrawn, enter the apartment. (7)
The Planning Authority may direct that any
person who acts in contravention of this section shall be evicted from such
apartment or building by any police officer and may also use such force as is
reasonably necessary to effect entry in the said apartment or building.". (1)
The Maharashtra Apartment Ownership
(Amendment) Ordinance, 2023 is hereby repealed. (2)
Notwithstanding such repeal, anything done or
any action taken (including any notification or order issued) under the
corresponding provisions of the principal Act, as amended by the said Ordinance,
shall be deemed to have been done, taken or, as the case may be, issued under
the corresponding provisions of the principal Act, as amended by this Act.The
Maharashtra Apartment Ownership (Amendment) Act, 2023