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The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963

Maharashtra

An Act to regulate in the State of Maharashtra, the promotion of the construction of, the sale and management, and the transfer of flats on ownership basis.

Act number
45 of 1963
Ministry
Govt of Maharashtra
Department
Housing Department
Enacted
16 Dec 1963

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.

27 sections

  1. Section 1Short title, extent and commencement.
  2. Section 2Definitions.
  3. Section 3General liabilities of promoter.
  4. Section 4Promoter before accepting advance payment or deposit to enter into agreement and agreement to be registered.
  5. Section 4AEffect of non-registration of agreement required to be registered under section 4.
  6. Section 5Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefor and disburse them for purposes for which given.
  7. Section 5ACompetent Authority.
  8. Section 6Responsibility for payment of outgoings till property is transferred.
  9. Section 7After plans and specifications are disclosed no alterations or additions without consent of persons who have agreed to take the flats; and defects noticed within three years to be rectified.
  10. Section 7ARemoval of doubt.
  11. Section 8Refund of amount paid with interest for failure to give possession within specified time or further time allowed.
  12. Section 9No mortgage, etc., to be created without consent of parties after execution of agreement for sale.
  13. Section 10Promoter to take steps for formation of co-operative society or company.
  14. Section 11Promoter to convey title, etc., and execute documents, according to agreement.
  15. Section 12General liabilities of flat-taker.
  16. Section 12AManager not to cut off, withheld, curtail or reduce essential supply or service.
  17. Section 13Offences by promoters and consequences on conviction.
  18. Section 13APower of Magistrate to pass sentences under this Act.
  19. Section 13BCompetent Authority to be public servant.
  20. Section 13CProceedings before Competent Authority to be judicial proceedings.
  21. Section 13DCompetent Authority deemed to be Civil Court for certain purposes.
  22. Section 13EIndemnity for acts done in good faith.
  23. Section 14Offences by companies.
  24. Section 15Power to make rules.
  25. Section 16Act to be in addition to Transfer of Property Act and to over-ride contract to the contrary.
  26. Section 17Application of certain provisions to flats already in existence.
  27. Section 18Act not to apply to Housing and Area Development Authority and Boards.