The Maharashtra Ownership Flats (Regulation of the promotion of construction, sale, management and transfer) Act, 1963
State Act of Maharashtra · Act 45 of 196327 provisions
The enactment
| 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. |
|---|---|
| Type | Act |
| Citation | Act 45 of 1963 |
| Year | 1963 |
| Jurisdiction | State of Maharashtra |
| Ministry | Govt of Maharashtra |
| Status | In force as published by the source |
| Provisions published | 27 |
Full text, provision by provision
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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…
- 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.
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