Bhubaneswar: The State Cabinet on Monday approved a proposal for promulgation of the Odisha Apartment (Ownership and Management) Ordinance, 2023. The ordinance seeks to repeal the Odisha Apartment Ownership Act, 1982. A bill in this regard was tabled in the state Assembly during its last session but later withdrawn.
The Odisha Apartment Ownership Act, 1982 had been enacted with a view to making provisions for ownership of an individual apartment which came into force on 01.05.1984 and the “Odisha Apartment Ownership Rules, 1992″ was framed thereunder. In course of administration of the provisions of the Act and Rules made thereunder; it has been experienced that there are some operational deficiencies which renders it necessary to bring a new legislation, an official release said after the Cabinet meeting.
“With a view to promoting apartment and group housing, it is a step forward to provide the individual apartment owners of their rights on common areas and facilities appurtenant to such apartment, its proper maintenance and to make such apartment and interest heritable and transferable,” it stated.
In the meantime, cases have been filed in the High Court of Orissa challenging the notification of Odisha Apartment Ownership Rules, 2021 on the ground of apparent contradictions prevailing between the Real Estate (Regulation and Development) Act, 2016 and the Odisha Apartment Ownership Rules, 2021, the release said.
Registration of the apartments has been stalled in the wake of these cases. The state Government is also losing revenue as the sale deeds are not getting registered. The situation has been prevailing for a long time and there is an immediate need for amendment of the legislation to address the impasse, it said.
“It is considered that for better management of the apartments, there is a need to make a number of corrections in different provisions of the existing Act and addition and alternation of different sections. It is therefore considered expedient instead of going for further amendments of the said Act, a new legislation may be brought by repealing the present Act,” the press note added.
“Accordingly, it is proposed to repeal the Odisha Apartment Ownership Act, 1982 (Odisha Act 1 of 1984) and to have a fresh legislation namely Odisha Apartment (Ownership and Management) Ordinance, 2023. The problem faced by the apartment buyers cannot be resolved except by making a new legislation. Since the legislative assembly is not in session, it is proposed to bring the legislation by way of promulgation of an Ordinance.”
