Bhubaneswar: After hue and cry, the much awaited Odisha Apartment Ownership and Management Bill 2023 was passed in the State Legislative Assembly on Tuesday.
Housing and Urban Development Minister Usha Devi introduced the Bill and said the Bill will replace Odisha Apartment Ownership Act,1982, which was enacted with the objective of making provisions for ownership of an individual Apartment. The Act came into force on 1 May1984 and thereafter Odisha Apartment Ownership Rules, 1992 was notified.
In the course of administration of the provisions of the Act and Rules, it was experienced that there were some operational deficiencies. The Acts and Rules did not provide for appropriate definitions, jurisdiction & powers of the Competent Authority. The safeguards were not adequate to fully protect the interest of the apartment owners, she said.
Hence, it was decided by the Government to bring new legislation instead of going for exhaustive amendment of the existing Acts and Rules, Devi said.
The Minister said Odisha Apartment (Ownership and Management) Bill, 2023 have several progressive & transformative provisions relating to regulation of ownership of an individual apartment and its management.
The Bill will regulate the use of common area in an apartment, create a common fund to meet the common expenses of an apartment and have necessary provisions relating to registration of common area in favour of Association of allottees in line with the provisions of RERA Act.
The new legislation will also provide registration of association of allottees with the Competent Authority to make uniform provisions for registration and its terms and conditions to be provided in the bye-laws
It clearly defines the accountability and responsibility of promoters and Rights and Responsibilities of each apartment owner in relation to the Association of Apartment Owners. There are also provisions for insurance of the Apartment and ensuring its structural stability.
The Bill, which has been drawn up as a part of the 5T initiative, is a reflection of the vision of Chief Minister Naveen Patnaik. It will conclusively address the issues of ownership of the Apartment and its management and will instil a sense of confidence and an environment of transparency among all the stakeholders.
Apart from the above Bill, the Assembly has also cleared five other important Bills this evening. The other Bills are—Odisha Municipal Law Amendment Bill, Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) (Amendment) Bill, 2023, the Odisha State Commission for Backward Classes (Amendment) Bill, 2023, the Odisha Goods and Services Tax (Amendment) Bill, 2023 and the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land (Amendment) Bill, 2023.
The concerned department Ministers have introduced the Bills in the House and subsequently passed amid walk out by Congress Members.
