In an article DNA on 07 Jul 2017 ( http://www.dnaindia.com/mumbai/report-rera-chairman-wants-old-real-estate-act-repealed-2494423) , following is quoted:-
However, Dr Sanjay Chaturvedi, a real estate expert, said, “MOFA has the power of criminal proceedings. In 2012-13, too, there was an attempt to get rid of MOFA when the new Maharashtra Housing Authority was being formulated. Section 56 of the Act repealed MOFA, but since it wasn’t notified, the Act remained.”
This is in contradiction to what you have stated here.
88. The provisions of this Act shall be in addition to, and not in derogation of, the
provisions of any other law for the time being in force.
89. The provisions of this Act shall have effect, notwithstanding anything inconsistent
therewith contained in any other law for the time being in force.
These Provisions are came into force on 1st May 2016.
Law makers knows that in many part of India, Acts like MOFA prevails, like for example GOFA in Gujarat. Had RERA known that MOFA is still alive, they would have repealed MOFA and other such Acts directly, but chosen to repeal only Maharashtra Act under section 92 and not other Acts. What was the purpose to provide specifically? Mr Prasad Sathen ji, I think your adamant and antognised by chalenging me in person rather than discussion on the subject.
When RERA had notified certain sections from 1st May 2016, which means there cannot be two definitions of same subject. Certainly Central Act will prevail. For Example, Carpet Area is defined and notified under RERA section 2(k), now the carpet areas are defined under DCR, under MOFA and in many other Acts and notifications. Which means all the definitions are repealed and central Act will prevail over all the Acts including MOFA. Any qualified Advocate will know that an Act can be Repealed only when an Act to repeal it or any provisions of any section to do so. If repealing Act also repealed then first repealed Act cannot come alive without any Act or notifications. Since THE REAL ESTATE tribunals under section 43 is already notified and came into force since May 1st 2016, within one year all across nation such Tribunal needs to be established by 30th April 2017. Hence Court Jurisdiction on MOFA also wasted with Tribunal. Is this not the repeal of Jurisdiction?
Except the Licensing and liabilities between section 3 to 38 of RERA, all other sections over rule MOFA jurisdiction. Is this not repeal of MOFA. But ofcourse as I have mentioned in my article that transactions happened during MOFA was in action will also be subject to MOFA jurisdiction for all Right, Interest and Liabilities. The article should have been read in complete rather than just title.
I well come comments on subject for a healthy discussion but I am sorry to read personal comments and challenging once knowledge and experience.
it is 6th Sept 2014, typing mistake. No. MHA 10.14/ C.R.21/ R&R-2 dated 6th Sept 2014.
if you have 6-9-2015 notification/gazette saying section 56 of MHRDA was activated please upload. By the way 6-9-2015 was holiday
If you have 6-9-2015 specifically saying Section 56 was activated please upload. By the Way 6-9-2015 was holiday
Sanjay Chaturvedi Sir,
Hope things are clear to you...
Disagri Dr:refr s1(3) MHA: Som secs of MHA cam in4rc on 8-7-2014: s56 of MHA rplg MOF nvr cam in 4rc: RER psd 25-3-2016 & som secs cam in4rc 1-5-2016 incldg s.92, wic repld MHA : Evn b4 MHA repld MOFA, MHA is repld-so MHA totly repld & MOF stnds
Bombay High Court on April 2016 has delivered a judgment by stating that--" Admittedly no notification is issued in respect of section 56 of MHRD Act as section 56 needs yo be notified on an appointed date... by notification dated 8th July, 2014 the state government which was an appointed dated as per section 56 published and gazetted provisions of section 1,18, 19, 21, 22, 23, 36, 51 and 52.... hence the court said we are not inclined to accept that MOFA Act is completely repealed..
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