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

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

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Act ID:	196345
Act Number:	45
Enactment Date:	1963-12-16
Act Year:	1963
Short Title:	The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963
Long Title:	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.
Ministry:	Ministry of Govt of Maharashtra
Department:	Housing Department
Type:	STATE
Location:	Maharashtra

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

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Section 1. Short title, extent and commencement.
Section 2. Definitions.
Section 3. General liabilities of promoter.
Section 4. Promoter before accepting advance payment or deposit to enter into agreement and agreement to be registered.
Section 4A. Effect of non-registration of agreement required to be registered under section 4.
Section 5. Promoter to maintain separate account of sums taken as advance or deposit and to be trustee therefor and disburse them for purposes for which given.
Section 5A. Competent Authority.
Section 6. Responsibility for payment of outgoings till property is transferred.
Section 7. After 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.
Section 7A. Removal of doubt.
Section 8. Refund of amount paid with interest for failure to give possession within specified time or further time allowed.
Section 9. No mortgage, etc., to be created without consent of parties after execution of agreement for sale.
Section 10. Promoter to take steps for formation of co-operative society or company.
Section 11. Promoter to convey title, etc., and execute documents, according to agreement.
Section 12. General liabilities of flat-taker.
Section 12A. Manager not to cut off, withheld, curtail or reduce essential supply or service.
Section 13. Offences by promoters and consequences on conviction.
Section 13A. Power of Magistrate to pass sentences under this Act.
Section 13B. Competent Authority to be public servant.
Section 13C. Proceedings before Competent Authority to be judicial proceedings.
Section 13D. Competent Authority deemed to be Civil Court for certain purposes.
Section 13E. Indemnity for acts done in good faith.
Section 14. Offences by companies.
Section 15. Power to make rules.
Section 16. Act to be in addition to Transfer of Property Act and to over-ride contract to the contrary.
Section 17. Application of certain provisions to flats already in existence.
Section 18. Act not to apply to Housing and Area Development Authority and Boards.

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
25-02-2008	Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) (Amendment). Act, 2005
12-05-2008	Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) (Amendment). Act, 2005 - The flat will be sold only according to the carpet area
23-06-2008	Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) (Amendment). Act, 2005 - The competent authorities for the areas, respectively , specified against them in the said schedule for the purpose of exercising the powers and performing the duties under section 5,10, and 11 of the said act
17-02-2009	Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) (Amendment). Act, 2005 - Appointment of date (17-Feb-2009) on which all the remaining provisions of the said Act shall come into force also in the whole of the State of Maharashtra other than the areas in which the said Act was earlier made applicable.