Section 15 in The Gujarat Ownership Flats Act, 1973
15. Modification in certain provisions to flats already in existence.
- As respects flats which on the commencement of this Part have already been constructed, or converted, the provisions of Section 2, 6, 8, 9, 10, 11, 12, 13, 42, 43, and 44 shall apply subject to the following modifications, that is to say-(a)in Section 2, in clause (2), the words "who constructs or causes to be constructed" occurring at both the places shall be read as if the words "who has constructed or caused to be constructed" had been substituted;(b)in Section 8, if the date specified or agreed to has already been passed at the commencement of Part I, then the promoter shall give possession within three months from such commencement; and if for any reasons beyond his control and of his agent, the promoter has been unable to give possession of the flat within three months from such commencement, he shall give possession thereof within a further period of three months if those reasons still exist; and thereafter the promoter shall be liable on demand to refund the amounts on the terms and conditions provided in the said section;(c)in Section 9, the words and figure "after the agreement referred to in Section 4 is registered" shall be read as if the words "after the commencement of Part I" had been substituted;(d)in Section 10, the words "As soon as a minimum number of persons required to form a co-operative society or a company have taken flats the promoter shall within the prescribed period" shall be read as if the words "Where the minimum number of persons required to form a co-operative society or a company have taken flats, the promoter shall within three months from the commencement of Part I" had been substituted;(e)in Section 11, the words and figure "in accordance with the agreement executed under Section 4" shall be read as if the words "in accordance with any agreement made in respect thereof" had been substituted, and the words "within prescribed period" shall be read as if the words "within three months from the commencement of this Part" had been substituted.
