(1) All apartment owners, tenants of such owners, employees of owners and tenants, or any other person that may in any manner use property or any part thereof submitted to the provisions of this Part shall be subject to this Part and to the Declaration and the bye-laws of the association of apartment owners adopted pursuant to the provisions of this Part.
(2) All agreements, decisions and determinations lawfully made by the association of apartment owners in accordance with the voting percentages established under this Part, Declaration or bye-laws, shall be deemed to be binding on all apartment owners.
40. For the removal of doubt it is hereby declared that the provisions of the Transfer of property Act, 1882 shall, in so far as they are not inconsistent with the provisions of this part apply to every apartment together with its undivided interest in the common areas and facilities appurtenant to such apartment as the aforesaid provisions apply in relation to any immovable property, and the provisions of this Part shall take effect notwithstanding anything to the contrary contained in any contract.
41. The Gujarat Housing Board Act, 1961 shall be amended in the manner and to the extent specified in the Schedule.
PART III GENERAL.
42. Any promoter who, without reasonable excuse, fails to comply with or contravenes any provision of Part I or of any rule made under this Part shall, where no other penalty is expressly provided for, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both; and a promoter who commits criminal breach of trust of any amount advanced or deposited with him for the purposes mentioned in section 5 shall, on conviction, be punished with imprisonment for a term which may extend to four years, or with fine, or with both.