The Maharashtra Housing (Regulation and Development) Act, 2012.
State Act of Maharashtra · Act 2 of 201456 provisions
The enactment
| Long title | 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. |
|---|---|
| Type | Act |
| Citation | Act 2 of 2014 |
| Year | 2014 |
| Jurisdiction | State of Maharashtra |
| Ministry | Govt of Maharashtra |
| Status | In force as published by the source |
| Provisions published | 56 |
Full text, provision by provision
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- Section 1 Short title, extent and commencement.
- Section 2 Definitions.
- Section 3 Disclosures to be made by promoter.
- Section 4 Registering the project and displaying it on the website of Housing Regulatory Authority.
- Section 5 No 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.
- Section 6 Responsibility of the promoter to enter record or details on the website of Housing Regulatory Authority.
- Section 7 Cancellation of registration.
- Section 8 Issuing of advertisement or prospectus inviting advance or deposit.
- Section 9 Promoter before accepting advance payment of deposit, beyond twenty per cent., to enter into agreement and agreement to be registered.
- Section 10 Effect of non-registration of agreement.
- Section 11 Responsibilities of promoter.
- Section 12 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 13 Responsibility for payment of outgoings till property is transferred.
- Section 14 No alterations or additions without consent after plans are disclosed.
- Section 15 Defects noticed within five years to be rectified.
- Section 16 Effect of non-completion of project.
- Section 17 No mortgage, etc., to be created without consent of parties after execution of agreement for sale.
- Section 18 Promoter to take steps for formation of co-operative society, company, Apex Body or Federation.
- Section 19 Promoter to convey title, etc., and execute documents according to agreement.
- Section 20 General liabilities of flat purchaser.
- Section 21 Appointment of Competent Authority.
- Section 22 Establishment of Housing Regulatory Authority.
- Section 23 Composition of Housing Regulatory Authority.
- Section 24 Term of office of Chairperson and other Members of Housing Regulatory Authority.
- Section 25 Administrative powers of the Chairperson.
- Section 26 Removal of Chairperson and Member of Housing Regulatory Authority from office in certain circumstances.
- Section 27 Officers of Housing Regulatory Authority.
- Section 28 Meetings of Housing Regulatory Authority.
- Section 29 Functions of Housing Regulatory Authority.
- Section 30 Powers of Housing Regulatory Authority to call for information, conduct investigations, etc.
- Section 31 Powers of Housing Regulatory Authority to issue directions.
- Section 32 Power of Housing Regulatory Authority consequent upon cancellation of registration.
- Section 33 Measures to be taken by Housing Regulatory Authority for planned development and promotion of housing sector.
- Section 34 Power of Housing Regulatory Authority to regulate its own procedure.
- Section 35 Vacancies, etc., not to invalidate proceedings of Housing Regulatory Authority.
- Section 36 Establishment of Housing Appellate Tribunal.
- Section 37 Term of office of Chairperson and Members and service conditions.
- Section 38 Removal of Chairperson and Member of Housing Appellate Tribunal from office in certain circumstances.
- Section 39 Officers of Housing Appellate Tribunal.
- Section 40 Appeals to Housing Appellate Tribunal.
- Section 41 Powers and functions of Housing Appellate Tribunal.
- Section 42 Appeal to High Court.
- Section 43 Order passed by Housing Appellate Tribunal to be executable as a decree.
- Section 44 Penalty for contravention of section 4.
- Section 45 Penalty for contravention of sections 6, 16 or 17.
- Section 46 Penalty for non-payment by the allottee or flat or unit purchaser or organization.
- Section 47 Penalty for non-compliance of orders or directions of Housing Regulatory Authority or Housing Appellate Tribunal.
- Section 48 Penalty for contravention of other provisions of this Act or rules made thereunder.
- Section 49 Penalty for non-compliance by promoters.
- Section 50 Miscellaneous provisions with respect to Competent Authority, Housing Regulatory Authority or Housing Appellate Tribunal.
- Section 51 Power to make rules.
- Section 52 Power to make regulations.
- Section 53 Act to be in addition to Transfer of Property Act, 1882 and to override contract to the contrary.
- Section 54 Act not to apply to certain Authority and Boards.
- Section 55 Removal of difficulty.
- Section 56 Repeal and savings.
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