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TERT, eae ee aie: ausaaretat wears: aaa sens @ See farrar 5 confer fata sara eemrengey, sree ferdia Gastt, ergar2)- fngina In pursuance. ‘of relause (3) of article 348 of the “Constitution (of India,- the following’ translation in’ English sof the Maharashtra‘ ‘Ownership‘-Flats (Regulation: of the ‘promotion: of construction, sale,; management and transfer) (Amendment) Act, 2005 (Mah. Act: No. IV. tea 2008); -is ESTER. pees under :
_the authority: of the’ Governor. 23 aa a ) By ord ang in = the - name of the. ‘Goa of. Maharashtra, / “ith gi Aw Mis CSHINDEKAR, a Tece lS Ue POS ~ Seehebaby™ ‘to: Government, bupher 16 ral Liaw and eeanenieet “Department.
3Pr eyes | " MAMARASHTRA’ ACT No: TW: OF" 2008.
(First published, ‘after having. ‘received’ the assent “of. the President in’ the “ Maharashtra Government “Gazette”, on the 25th ‘February’ 2008).
An‘Act further to amend thé Maharashtra Ownership Flats: enna: of thes promotion’ of: constr or! easy ‘ 5 ‘Management. and, transfer) Act, AI63.4-, WHEREAS it is expedient: further to” ‘em ene ‘the Maharashtra Ownership Flats (Regulation ‘of the promotion - Mah. of construction, sale, management and transfer) Act,.1963, — aN for the purposes hereinafter appearing ; it is hereby enacted
1963. in the Fifty-sixth Year of the Republic of India. as ‘follows :— 'V. This Act-may be dalled the, Maharashtra Ownership Short: title.
Flats’ (Regulation: of ‘the “promotion ‘of construction, sale, .
management “and transfer). tAmianidment). Act, gute ice ai mE | ar 3e—o ee art toe] S i t t i n ea e e e e e e e e e e e e e yw WETS IT Uy, SHTERTY, aanT 24, Amendment rire mdi of section 2 2 In section 2 of the Maharashtra Ownership Flats a oF ‘of Mah. XL (Regulation of the Promotion of Construction Sale, 97 "of 1963, management and transfer) Act, 1963 to as “the Principal Act * :
1 mpetent nted under ‘section 5A ;”: e
(6) in clause: (ce) « for the’ words ”, “promoter means q Person” the following’ Words Shall he namely:
eee “‘ promoter t means “q~ Person’ ang ‘includes a Partnership firm or 4 body. or assoc PSE Seis bs “= Whether Tegistere lation of Persons, d: or not?
He. BE gastos Amendment 3. In section 5 of the'pringipal Act, ‘for the w of section 5 .
* :
of Mah. 2PPointed }, Y. general “Or special] “Order.
aN ae i overnment. for the Purpose”. the.
at SAuthotity * shall be: Substituted. . ire:
ords “an officer sbyisthe..State “Words #4 Competent Insertion of. 4p After. sect Section. 54 ae tion 8 Of the in Mah, S@ction “shall he | Principal “Act, the following nserted, hamely ;— Tyee 5A. The State Government may, by no
1963. ae Competent Official Gazette Authority, ' "the duties under sec of me Amendment 2+ In: section ‘he principa: an sub-section CL), x io rae he follawing provisos shi be added at the end namely Gee ae ius Provided that, ifthe Promoter fails within the Prescribed g Period: to submit an application to the Reg: i registration of soc Aner’ prt fea ereinafter referred 1963.:
ore SUbstituted, - a = :
- RPT STS] = HERTS AT TsTaa, arate, thgant wh, YorhmIeyA & We VR RY
Provided further that, no such direction to register any society under the preceding proviso shall.be given to the je District Deputy Registrar, Deputy Registrar or, as the case . may be, Assistant Registrar, by the Competent Authority | without first verifying authenticity of the applicants’ request and giving the concerned promoter a- reasonable cpp pr uaneye of being heard.” G. Section 11 of the peneionl “Act shall be renuebeeed Aniendment of section 11 : as sub-section (1) thereof and after sub-section (1) asso of Mah. XLV renumbered, the ipllewine sub-sections shall be inserted, of 1963.
" namely :— Cc aq) Je shallabamenduty of thes promoterte flaarith | 4 "the Competent. Authority, within: the. prescribed period, ;
| _. a, copy of the conveyance. executed by him under. subqos : ‘section (1)... a »(8) If the: promoter fails’ to ‘exediite the” conveyance | in the Srescribed: period, the members. of:su society. or, as. the case -may_ be; the ee accompanied by the true’ ‘copies of thé registered Tee ements, Ped | for*sale; executed ‘with, the’ ‘promoter by" each individual member of the ‘society ‘or the Company or the: association, ae | who have purchased ‘the flats “and 4ll other “relévant - documents (including the occupation certificate, if any), for a! issuing a certificate that such society, or as the case: -may are '.\ be, Company or association, is entitled to: have‘an. unilateral / deemed conveyance, executed 3 in. their favour: and. to have At registed. i da olen te cerry ening &
(4); The: Gonmeterte sAathoritey. on ‘receivin application, within reasonabletime,and in any” case. not slater than six’ months; after making such. enquiry as . deemed: necessary and. after verifying the authenticity of the. documents submitted and after giving:the promoter a reasonable opportunity of being heard, on being’satisfied.
thateit.isva fitcasé-for issuing such:certificate, shall issue a certificate to the Sub-Registrar or any other appropriate 16of Registration: Officer .under the Registration Act, ‘1908, age certifying that it is a fit case for enforcing unilateral ~~ .
AMT Aide T U T C C e C e e e e eC O O O O e T G E G O d e s 26 FERTS FIG USA, ARTI, GAaRT 24, ROOGMHIATA & Ba LBRV [art st execution of conveyance deed conveying the right, title and interest of the promoter in the land and building in favour of the applicant, as deemed conveyance.
(5) On submission by such society or as the case may be, the Company or the association of apartment owners, . ‘to .the Sub-Registrar or. the concerned’ appropriate Registration Officer appointed under the Registration Act, 16 of 1908, the certificate issued. by the Competent Authority 1908:
alongwith the unilateral instrument of conveyance, the “Sub-Registrar or the concerned appropriate registration ‘Officer shall, notwithstanding anything contained in the Registration Act, 1908, issue summons to the promoter 16 of to show cause why such unilateral instrument should not ae be registered as ‘deemed conveyance’ and after ‘giving the promoter and the: applicants a reasonable opportunity of \ being heard, may, on being satisfied that it was fit case for unilateral conveyance, TOEIeT that instrument as if deemed “conveyance ’.” Amendment 7 Tne section’ 13° ‘of the peice Act;— of section 13 e of Mah. XLV (a) “: in sub- Section (3), for” the portion, Teenie nae of 1963. “the words “with an imprisonment” and ending with the words “or with both ze , the following shall be substituted, ; namely : casey “with. poe oiment for a. term awhich: shell; not be. eas “than six months. but which | -may, extend to.one year or Hf with fine which, shall not be less than Ten Thousand "rupees but’which may extend to Fifty Thousand: rupees or with both.” ;
(6) after sub-section (3), the following Bubs pections ‘shall beadded, namely i= 8 3) ns it ¥ “7&4 (4) When’ any: promoter | is Genncisted of any ‘offence under this Act, except offence under.section 12A;’such- /. promoter. shall be disqualified from ' undertaking — soconstruction of flats: for a period of five years.from the.
~. date of such conviction. However, such disqualification ~ shall not affect the permission for:construction of flats already.,granted. before incurring such disqualification e and shall also not debar the promoter from seeking or -- being granted*‘any- additional requisite permissions’ which may be required from. the concerned’ local authorities «=. for completion of eonstachons) already tad ent alee by A erm: ‘ ve f poten ;
G U d d ¢ d d d d G dG dG d d d d C d C s e e s e o d C d U u o e u e U u U u g e s e E G U U U d e wT. a2] HERTS WAT WAU, AAMT, ThaaT 24, RoocAHIAPT &, WE eee. Ww e 45 of
1860. - 45 of
1860.
2 of 1974, |
(5) The Competent Authority shall, on such conviction of a promoter under this Act, subject to the orders of.
the appellate court, if any, or after the expiry of the é appeal period, forward the name of the convicted promoter ° ‘to the local authorities under his jurisdiction, with a direction that such promoter shall not be granted permission under the relevant law for undertaking any construction of flats: during the period of such disqualification, specifically mentioning. such period.
(6) On receiving ‘such intimation from the Competent Authority, notwithstanding anything contained. in. any other law for the time being in force, the concerned local authority shall not grant such promoter any permission: or licence under the relevant law for construction of flats fora. period. for eae the: promoter is so disqualified. ” ;
(c) in the marginal note, after the word aca ” the words “and: consequences on conviction ” shall be: inserted.
8. After section. 13A of the principal Act, the following Tnéeition of sections shall be inserted, namely :— sections 13B, ‘ _*-18C; 18D and 13E in Mah. | 3 : ae fs XLV of.1963, ' “13B.. The Competent Authority shall be deemed:to be Competent .
a public servant. within the meaning of section 21 of the poate Indian Penal Code. : 4 “servant.
13C. .All proceedings: before a Competent Authority Proceedings.
shall be deemed to be the judicial proceedings ‘for the Capink purposes of. sections, 193 and 228 of the, Indian. Penal Hegeiieg : judici : Code. . ; ert : ' proceedings. ' ; 13D. Every Competent ‘Nee ae be deemed tO Competent be a Civil Court for the purposes of sections 345 and 347 qe 2 of the Code of Criminal Procedure, 1973. Civil Court for certain : as purposes.
; 13K, ‘No suit, see util or any other legal procéedings.
shall. lie against any competent Authority: in -respect. of anything which is in, good faith done or: purported to be done by ts under this Act.””.
Indemnity for acts done in _ good faith.
t e { ny 3