 "State opposes repeal of Maharashtra Housing Act 2012")
The state government has said it strongly opposes a proposed central legislation which would affect continuation of the Maharashtra Housing (Regulation and Development) Act, 2012.
The central law, being considered by a Rajya Sabha panel, is an amendment to the Real Estate (Regulation & Development) Bill, 2013. The state law aims to regulate and promote the construction, sale, management and transfer of flats on an ownership basis.
The state law, the government here has argued to the parliamentary panel, was enacted under the powers given in the Constitution to states. Hence, any alteration by Parliament would affect the federal structure and be unconstitutional.
The said central Bill is being enacted under provisions of the Concurrent List in the Constitution, where both Centre and states may legislate but central law would then prevail. The state government made a detailed representation to the Rajya Sabha committee, chaired by the Bharatiya Janata Party’s Anil Dave, during the panel’s visit here on Friday and Saturday. It had met representatives of the state government, the realty sector, non-government bodies and officials from the Reserve Bank, other banks and financial institutions.
A senior official told Business Standard: ‘’The government has submitted that the state Act be allowed to continue. If required, the state Act can be modified to bring it in consonance with the proposed central law regarding provisions dealing with entries of the Concurrent List. Maharashtra is the pioneering state in implementing the law relating to real estate since 1963 and the same is time-tested.’’
The official said the government here was in the process of establishing a Housing Regulatory Authority in line with the state law. The proposed regulator would enjoy powers of a civil court. The state government has suggested some provisions the Centre needs to incorporate in its Bill, to enable owners and buyers of houses to get certain rights.
The central law, being considered by a Rajya Sabha panel, is an amendment to the Real Estate (Regulation & Development) Bill, 2013. The state law aims to regulate and promote the construction, sale, management and transfer of flats on an ownership basis.
The state law, the government here has argued to the parliamentary panel, was enacted under the powers given in the Constitution to states. Hence, any alteration by Parliament would affect the federal structure and be unconstitutional.
The said central Bill is being enacted under provisions of the Concurrent List in the Constitution, where both Centre and states may legislate but central law would then prevail. The state government made a detailed representation to the Rajya Sabha committee, chaired by the Bharatiya Janata Party’s Anil Dave, during the panel’s visit here on Friday and Saturday. It had met representatives of the state government, the realty sector, non-government bodies and officials from the Reserve Bank, other banks and financial institutions.
A senior official told Business Standard: ‘’The government has submitted that the state Act be allowed to continue. If required, the state Act can be modified to bring it in consonance with the proposed central law regarding provisions dealing with entries of the Concurrent List. Maharashtra is the pioneering state in implementing the law relating to real estate since 1963 and the same is time-tested.’’
The official said the government here was in the process of establishing a Housing Regulatory Authority in line with the state law. The proposed regulator would enjoy powers of a civil court. The state government has suggested some provisions the Centre needs to incorporate in its Bill, to enable owners and buyers of houses to get certain rights.