Effect of repealment of an act
Querist :
Anonymous
(Querist) 03 June 2021
This query is : Resolved
Madam/Sir,
Help me understand legal position with repealment of Acts.
Let's say there are 3 nos. of Acts, say, 'P' 'Q' & 'R', with P being the first one to be enacted.
When Act P was in force, Act Q was enacted which repealed Act P. Also after sometime,Act R was enacted which repealed Act Q.
Now, question is with repealment of Act Q(which repealed P) by Act R, Act P revives again to be in force along with R; OR only Act R remains in force ?
I wish to approach an authority, but under which act, I'm confused!
Regards
Dr J C Vashista
(Expert) 04 June 2021
Act R shall be in force whereas At P & Q shall take shelf in archive.
In what context present post has been fabricated ?
What is your concern / problem / locus standi vis-a-vis repealed Acts P & Q ?
T. Kalaiselvan, Advocate
(Expert) 04 June 2021
You forget about the acts that were repealed.
The repealment of certain legal acts are not within your purview.
Your concern is about the relief to a problem that you wanted to get rid of and find a suitable remedy as per existing law.
You may make suitable application venting out your grievance to the authorities concerned, they know whether your claim is genuine or not eligible as per the prevailing law.
Accordingly you will get a response quoting the reasons for rejection vide relevant laws mentioned in it, you can then approach appropriate legal forum with your grievances seeking intervention and relief as per the prevailing law
Querist :
Anonymous
(Querist) 04 June 2021
Sir,
Three Acts are- 1) Maharashtra Ownership of Flats Act (MOFA, a State Act), 2) Maharashtra Housing Development Act, (MHDA, State Act, repealing MOFA with savings provisions) and 3) RERA (Central Act, repealing MHDA without any saving clause).
I want a Deemed conveyance by certificate of competent authority, but could not get to which authority I shall present my grievance, RERA Tribunal under RERA OR Dy.District Registrar under MOFA! The flat was purchased when MOFA was in force and builder was supposed to enter into conveyance deed to convey title of land to flat purchasers under then MOFA. But they didn't entered till date, and I wish to approach authority to get certificate of Deemed Conveyance.
Thanks and Regards
T. Kalaiselvan, Advocate
(Expert) 04 June 2021
The was to have been executed by the builder at the time of purchase of the property whereas somehow it did not happen.
Therefore you may have to issue a legal notice to the builder first demanding the conveyance deed.
If he fails to comply with the demand then you can approach civil court of law or a consumer forum for getting the relief.
Why should you depend on the dy. Registrar for this. You can approach even RERA if the builder is RERA registered.
You can invoke the law that prevailed at the time of purchasing the property.
ashok kumar singh
(Expert) 04 June 2021
agreed with views of earlier experts, therefore no further comments, so far.
thanks.
kavksatyanarayana
(Expert) 04 June 2021
I agree with the advice of the above learned experts.
P. Venu
(Expert) 05 June 2021
To my knowledge, the first Act viz. THE Maharashtra Ownership of Flats (Regulation of
the Promotion of Construction, Sale, Management and Transfer) Act 1963 is still in force and the provisions of Section 11 lay down the procedure of deemed registration. As such, Deputy Registrar under MOFA is the Competent Authority.
MOFA is not amongst Acts repealed by Maharashtra Housing and Area Development Act, 1976 vide the provisions of Section 188 -
"188. (1) On and from the appointed day—
(a) the Bombay Housing Board Act, 1948, as in force in the Bombay and
Hyderabad Area of the State,
(b) the Madhya Pradesh Housing Board Act, 1950, as in force in the
Vidarbha Region of the State ;
(c) the Bombay Building Repairs and Reconstruction Board Act, 1969 ; and
(d) the Maharashtra Slum Improvement Board Act, 1973 ;
shall stand repealed:"
So also, MHADA has not repealed by RERA Act as could be seen from the provisions of Section 92.
"92. The Maharashtra Housing (Regulation and Development) Act, 2012 is hereby
repealed."
It appears that neither MHADA nor RERA contain any provisions governing deemed registration.
Querist :
Anonymous
(Querist) 05 June 2021
Thanks to all the experts for your guidance!
Mr. P Venue sir, as you say, RERA had repealed Maharashtra Housing Act,2012 vide sec 92.
By MHDA , I meant Maharashtra Housing (Reg & Dev) Act,2012. (Sorry for writing that as MHDA in previous posts, which got misinterpreted as Maharashtra Housing and Area Development Act, 1976 !)
RERA being a Central Act, savings provisions regarding repealment of an Act ,by a Central Act is provided by the General Clauses Act.
But before RERA was enacted, Maharashtra Housing Act,2012 has repealed MOFA with savings provisions.
Because of the savings provisions of Act of 2012, MOFA could be applied (unless inconsistent with 2012 Act), but here Act of 2012 itself got repealed by REAR r/w General Clauses Act !
P. Venu
(Expert) 06 June 2021
Yes, I was incorrect. Thanks for correcting me .
Maharashtra Housing (Regulation and Development) Act, 2012 had repealed MOFA.
"56. (1) On and from the appointed day, the Maharashtra Ownership
Flats (Regulation of the Promotion of Construction, Sale, Management
and Transfer) Act, 1963, shall stand repealed"
Section 19 of the 2012 Act provides for deemed conveyance .
The 2012 Act has been repealed by RERA. However, RERA does not, to my understanding, provide for deemed registration. May be, such a provision may not be necessary in view of the succinct provisions and regulatory measures and mechanism for redressal..
As regards to cases pre-RERA, the provisions of the Section 6 of the General Clause Act apply -
"6 Effect of repeal. —Where this Act, or any 1 [Central Act] or Regulation made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not—
(a) revive anything not in force or existing at the time at which the repeal takes effect; or
(b) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or
(c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or
(d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or
(e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing Act or Regulation had not been passed."
As regards to the Competent Authority to be approached, learned expert Mr. Kalaiselvan has offered valuable guidance.
