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The Maharashtra Housing (Regulation and Development) Act, 2012.

Maharashtra

An Act to regulate and promote the construction, sale, management and transfer of flats on the ownership basis in the State of Maharashtra and to establish the Housing Regulatory Authority and Housing Appellate Tribunal and to provide for matters connected therewith or incidental thereto.

Act number
2 of 2014
Ministry
Govt of Maharashtra
Department
Housing Department
Enacted
24 Feb 2014

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

56 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3Disclosures to be made by promoter.
  4. Section 4Registering the project and displaying it on the website of Housing Regulatory Authority.
  5. Section 5No transaction, including sale or marketing for sale, of flats in new project without registration of the project and displaying it on website of Housing Regulatory Authority.
  6. Section 6Responsibility of the promoter to enter record or details on the website of Housing Regulatory Authority.
  7. Section 7Cancellation of registration.
  8. Section 8Issuing of advertisement or prospectus inviting advance or deposit.
  9. Section 9Promoter before accepting advance payment of deposit, beyond twenty per cent., to enter into agreement and agreement to be registered.
  10. Section 10Effect of non-registration of agreement.
  11. Section 11Responsibilities of promoter.
  12. Section 12Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefor and disburse them for purposes for which given.
  13. Section 13Responsibility for payment of outgoings till property is transferred.
  14. Section 14No alterations or additions without consent after plans are disclosed.
  15. Section 15Defects noticed within five years to be rectified.
  16. Section 16Effect of non-completion of project.
  17. Section 17No mortgage, etc., to be created without consent of parties after execution of agreement for sale.
  18. Section 18Promoter to take steps for formation of co-operative society, company, Apex Body or Federation.
  19. Section 19Promoter to convey title, etc., and execute documents according to agreement.
  20. Section 20General liabilities of flat purchaser.
  21. Section 21Appointment of Competent Authority.
  22. Section 22Establishment of Housing Regulatory Authority.
  23. Section 23Composition of Housing Regulatory Authority.
  24. Section 24Term of office of Chairperson and other Members of Housing Regulatory Authority.
  25. Section 25Administrative powers of the Chairperson.
  26. Section 26Removal of Chairperson and Member of Housing Regulatory Authority from office in certain circumstances.
  27. Section 27Officers of Housing Regulatory Authority.
  28. Section 28Meetings of Housing Regulatory Authority.
  29. Section 29Functions of Housing Regulatory Authority.
  30. Section 30Powers of Housing Regulatory Authority to call for information, conduct investigations, etc.
  31. Section 31Powers of Housing Regulatory Authority to issue directions.
  32. Section 32Power of Housing Regulatory Authority consequent upon cancellation of registration.
  33. Section 33Measures to be taken by Housing Regulatory Authority for planned development and promotion of housing sector.
  34. Section 34Power of Housing Regulatory Authority to regulate its own procedure.
  35. Section 35Vacancies, etc., not to invalidate proceedings of Housing Regulatory Authority.
  36. Section 36Establishment of Housing Appellate Tribunal.
  37. Section 37Term of office of Chairperson and Members and service conditions.
  38. Section 38Removal of Chairperson and Member of Housing Appellate Tribunal from office in certain circumstances.
  39. Section 39Officers of Housing Appellate Tribunal.
  40. Section 40Appeals to Housing Appellate Tribunal.
  41. Section 41Powers and functions of Housing Appellate Tribunal.
  42. Section 42Appeal to High Court.
  43. Section 43Order passed by Housing Appellate Tribunal to be executable as a decree.
  44. Section 44Penalty for contravention of section 4.
  45. Section 45Penalty for contravention of sections 6, 16 or 17.
  46. Section 46Penalty for non-payment by the allottee or flat or unit purchaser or organization.
  47. Section 47Penalty for non-compliance of orders or directions of Housing Regulatory Authority or Housing Appellate Tribunal.
  48. Section 48Penalty for contravention of other provisions of this Act or rules made thereunder.
  49. Section 49Penalty for non-compliance by promoters.
  50. Section 50Miscellaneous provisions with respect to Competent Authority, Housing Regulatory Authority or Housing Appellate Tribunal.
  51. Section 51Power to make rules.
  52. Section 52Power to make regulations.
  53. Section 53Act to be in addition to Transfer of Property Act, 1882 and to override contract to the contrary.
  54. Section 54Act not to apply to certain Authority and Boards.
  55. Section 55Removal of difficulty.
  56. Section 56Repeal and savings.