GOVERNMENT  OF  MAHARASHTRA 
LAW AND JUI)ICIARY DEPARTMENT 

MAHARASHTRA ACT No. XLV OF 1963. 

The  Maharashtra  Ownership  Flats 
(Reguláfion ofthe proiiiion of construction, 
sale, management and transfer) 
Act,  1963. 

(As modified upto 23rd April 2018.) 

PRINTED IN INDIA BY THE MANAGER,  GOVERNMENT  WAI PRESS, 
AND  PUBLISHED  BY THE  DIRECTOR,  GOVERNMENT 
PRINTING,  STATIONERY AND  PUBLICATIONS, 
MAHARASHTRA STATE,  MUMBAT 400  004. 

2018 

[Price :  Rs.  18.00] 

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1963  :  Mah. XLV] 

THE  MAHARASHTRA  OWNERSHIP  FLATS 
(REGULATION  OF  THE  PROMOTION  OF 
CONSTRUCTION,  SALE,  MANAGEMENT  AND 
TRANSFER)  ACT,1963. 

CONTENTS 

PREAMBLE. 

SECTIONS. 

1. 

2. 

3. 

4. 

4A. 

5. 

Short  title,  extent  and  commencement. 

Definitions. 

General  liabilities  of promoter. 
Promoter  before  accepting  advance  payment  or  deposit  to  enter 
into  agreement  and  agreement  to  be  registered. 
Effect  of non-registration  of  agreement  required  to  be  registered 
under  section  4. 
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. 

5A.  Competent  Authority. 

6. 

7. 

Responsibility  for  payment of outgoings  till  property  is  transferred. 
After  plans  and  specifications  are  disclosed  no  alteration  or 
additions  without  consent of  persons  who  have  agreed  to  take  the 
flats;  and  defects  noticed  within  three  years  to  be  rectified. 

7A.  Removal  of  doubt. 

8. 

9. 

lo. 

11. 

Refund  of amount  paid  with  interest  for  failure  to  give  possession 
within  specified  time  or  further  time  allowed. 
No  mortgage,  etc.,  to  be  created  without  consent  of  parties  after 
execution  of agreement  for  sale. 
Promoter  to  take  steps  for  formation  of  co-operative  society  or 
comp any. 
Promoter  to  convey  title,  etc.,  and  execute documents,  according  to 
agreement. 

12.  General  liabilities  of flat-taker. 
12A.  Manager  not  to  cut  off,  withheld,  curtail  or  reduce  essential  supply 

or  service. 

13.  Offences  by  promoters  and  consequences  on  conviction. 
13A.  Power  of Magistrate  to  pass  sentences  under  this  Act. 

13B.  Competent  Authority  to  be  public  servant. 
13C.  Proceedings  before  Competent Authority  to  be judicial  proceedings. 

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13D.  Competent  Authority  deemed  to  be  Civil  Court  for  certain 

purposes. 

13E. 

Indemnity for  acts  done  in  good  faith. 

14.  Offences  by  companies. 

15. 

Power  to  make  rules. 

16.  Act  to  be  in  addition  to  Transfer  of  Property  Act  and  to  over  ride 

contract  to  the  contrary. 

17.  Application  of certain  provisions  to  flats  already in  existence. 
18.  Act  not  to  apply  to  Housing  and  Area  Development  Authority  and 

Boards. 

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MAHIARASHTRA ACT No.  XLV  OF  19631. 
[THE  MAIIARASHTRA  OWNERSHIP FLATS  (REGULATION  OF 
THE PROMOTION  OF CONSTRUCTION,  SALE, MANAGEMENT 
AND TRANSFER) ACT,  1963.] 
[Received  the  assent  of  the  President  on  the  12th  day  of  December  1963; 
assent  first  published  in  the  Maharashtra  Government  Gazette",  Part  IV, 
on  the  16th  day  of  December  1963.1 

Amended  by  Mah.  29  of  1964. 

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i  of 1966 
2  of 1968 
11  of1970 
15  of 1971 
5  of1973 
53  of 1974(1_1_1975)* 
66  of 1977 
1  of 1979 
6  of 1982(1221982)* 
13  of 1983. 
5  of 1984t(1-2-1984) 
9of1981 
6  of1985(2O_2_1985)* 

i  For Statement of Objects and Reasons,  see Maharashtra Government Gazette, 1963, Part V, 
_______________________________________ 

page117. 
*  This indicates the  date ofcommencement of  Act. 
1  Sections 4  and 5  of Mah.  5  of 1984 read  as follows :- 

"  4.  (1)  Where  any  agreement  for  sale  was  entered  into,  or  was  purported  to  be  Va1idating 
entered into under section 4 ofthe principal Act and such agreement was not registered under the  provisions. 
Registration Act before the commencement ofthis Act, then notwithstanding anything contained 
in any  law for the  time being in force  or in  any judgement,  decree  or order of any Court,  such 
agreement shall not be invalid or ineffective, merely on the ground that it was not registered as 
required by the said section 4,  and shall be deemed always to have been valid and enforceable, if 
such document is duly presented for registration on or before the 3 ist December 1984 and registered 
under the said section 4  as amended by this Act. 

(2)  In computing any period oflimitation prescribed by any  law for the time being in 
force,  for the  purpose oftaking any legal proceeding for enforcing any rights or liabilities arising 
from  any  agreement  for  sale  deemed to  be  valid and  enforceable under  sub-section  (1)  or  for 
execution or enforcing any other documents  depending on  or connected with such agreement for 
sale, the period from the date on which such  agreement is entered into and the date on which it is 
registered under section  4 ofthe principal Act as  amended by this Act shall be excluded. 

5.  Nothing in this Act shall render any person liable to be convicted ofany offence under the  Savings. 

principal Act, in respect ofanything done or omitted to be done, before the commencement of this 
Act, if such act  or omission was not  an offence  under the  principal Act but for the amendments 
made in the principal Act, by this Act". 

:  Maharashtra Ordinance No.111 of 1985 was  repealed by  Mah. 6 of 1985,  s.  3(1). 

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2 

Amended by Mah. 

Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 
construction,  sale,  management  and  transfer) Act,  1963 
12  of 1986 (30-1-1 986)* 
360f 1986(13_4_1987)* 
l5of1990«I73_I99O)* 
bof 1995ff (1_4_1995)* 
49of2000@(142O00)* 
37  of 2005@@«1-4  _2005)* 
4 of 2008  (25- 2  2008)* 
23  of 2008 (12- 5  _2008)* 

[1963 :  Mah. XLV 

Savings. 

Removal 
of  doubt. 

Savings. 

Removal 
of  doubt. 

*This  indicates the date  of commencement of Act. 

£  Maharashtra Ordinance No.VI of 1990 was  repealed by Mah.  15  of 1990,  s.  3(1). 
if  Sections  3  and 4 of Mah.  10  of 1995  read as follows :- 

"3.  Nothing in this Act shall render any person liable to be convicted ofany offence in 
respect of anything done or omitted to  be done,  during the period commencing on the ist day of 
April  1995  and  ending on  the date of publication of this Act in the Official  Gazette, if such act or 
omission was not an offence but for the retrospective extensions ofduration ofthe principal Act, by 
this Act. 

4.  For the removal ofdoubt, it is hereby declared that the principal Act, which was to 
expire after the 31st March  i995  having been retrospectively  extended from the  ist April  i995 
shall be deemed never to have expired at any time and all its provisions as amended and extended 
by this Act shall,  subject to the provisions ofsection 3  ofthis Act, be deemed to be continuously in 
force". 

@  Sections 3  and 4 of Mah.  49 of 2000 read as follows :- 

"3.  Nothing in this Act shall render any person liable to be convicted ofany offence in 
respect ofanything done or omitted to be done, during the period commencing on the ist day April 
2000 and ending on the date ofpublication ofthis Act in the Official Gazette, ifsuch act or omission 
this-Act. 
4.  For the removal ofdoubt, it is  hereby declared that the principal Act, which was to 
expire  after the 3 ist March 2000 having been retrospectively extended  from the ist April 2000 
shall be deemed never to have expired at any time and all its provisions as amended and extended 
by this Act shall,  subject to the provisions ofsection 3 ofthis Act, be deemed to be continuously in 
force". 

. 

. 

. 

@  Sections 4  and 5  of Mah.  37 of 2005 read as  under :- 

Savings. 

Removal  of 
doubt. 

"4.  Nothing in this Act shall render any person liable to be convicted ofany offence in 
respect ofanything done or omitted to be done, during the period commencing on the  ist day April 
2005  and  ending on the  16th  May 2005,  if such  act  or omission  was not  an  offence but for  the 
retrospective extension of duration of the  principal Act,  by this Act. 

5.  For the removal ofdoubt,  it is hereby declared  that the principal Act, which was to 
expire after the 3ist March 2005, having been retrospectively extended with  effect from the ist 
April 2005 by this Act, shall be deemed never to  have expired at any time and all its provisions as 
amended  and  extended by  this  Act  shall,  subject  to  the  provisions  of section  4  of this  Act,  be 
deemed to be continuously in forces". 

£  Maharashtra Ordinance No.111 of2005 was repealed by Mah. 37  of2005, s.  6. 

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1963  :  Mah. XLV]  Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 

construction,  sale,  management and  transfer) Act,  1963 

3 

An  Act  to  regulate1  *  * 

ii  the  State  of  Maharashtra,  the 
promotion  of  the  construction  of,  the  sale  and  management, 
and the transfer of flats  on ownership basis. 

WHEREAS,  it  has  been  brought  to  the  notice  of  the  State  Government 
that,  consequent  on  the  acute  shortage  of housing  in  the  several areas  of the 
State  of  Maharashtra,  sundry  abuses,  maipractices  and  difficulties  relating 
to  the  promotion  of  the  construction  of,  and  the  sale  and  management  and 
transfer  of flats  taken  on  ownership  basis  exist,  and  are  increasing; 

AND  WHEREAS,  the  Government  in  order  to  advise  itself  as  respects 
the  manner  of  dealing  with  these  matters,  appointed  a  committee  by 
Government  Resolution  in  the  Urban  Development  and  Public  Health 
Department,  No.  S.  248-79599-F,  dated  the  20th  May  1960,  to  inquire  into 
and  report  to  the  State  Government  on  the  several  matters  referred  to 
aforesaid  with  the  purpose  of  considering  measures  for  their  amelioration; 
AND  WHEREAS,  the  aforesaid  Committee  has  submitted  its  report  to 
Government  in  June  1961,  which  report  has  been  published  for  general 
information; 

AND  WHEREAS,  it  is  now  expedient  after  considering  the 
recommendations  and  suggestions  made  therein,  to  make  provision  during 
the  period  of  such  shortage  of housing,  for  the  regulation  of  the  promotion 
of  the  construction,  sale  and  management  and  transfer  of  flats  taken  on 
ownership  basis  in  the  State  of  Maharashtra;  It  is  hereby  enacted  in  the 
Fourteenth  Year  of  the  Republic  of  India  as  follows  :- 

1. 

(1)  This  Act  may  be  called  the  Maharashtra  Ownership  Fláts  Short  title, 
(Regulation  of the  promotion  of  construction,  sale,  management  and transfer)  '[extent  and 
commence- 
Act,  1963. 
ment.] 

(2)  It  extends  to  the  whole  of  the  State  of Maharashtra. 
(3)  This  section  shall  come  into  force  at  once;  and  the  remaining 
provisions  of this Act  shall  come  into  force in  3[suchl  areas,  and  on  dates  as 
the  State  Government  may,  by  notification  in  the  Official  Gazette,  appoint, 
and  differentdatesmaybe  appoihted-for-differenf--areas. 

Definitions. 

4* 

2. 

* 

* 

In  this  Act,  unless  the  context  otherwise  requires, - 

* 

5  [(a)  "Competent Authority" means  a  Competent Authority  appointed 

under  section  5A;] 

6  [(a-1)  "Flat"  means  a  separate  and  self-contained  set  of  premises 
used  or  intended  to  be  used  for  residence,  or  office,  show-room  or  shop 
or  godown  7[or  for  carrying  on  any  industry  or  business]  (and  includes 
a  garage),  the  premises  forming  part  of  a  building  8[and  includes  an 
apartment.] 

Explanation.- Notwithstanding that provisions  is  made for  sanitary, 
washing,  bathing  or  other  convenience  as  common  to  two  or  more  sets 
of  premises,  the  premises  shall  be  deemed  to  be  separate  and 
self-contained; 

(b)  "prescribed"  means  prescribed  by  rules  made  under  this  Act; 
(c)  9["promoter"  means  a  person  and  includes  a  partnership  firm  or 
a body  or association  of persons whether registered or  not]  who  constructs 
or  causes  to  be  constructed  a  block  or  building  of flats  10[or  apartments] 

i  The words  "for certain period" were deleted by Mah.37  of2005, s. 2. 
2  These words were substituted for the words "extent, commencement and duration" by Mah. 37 of 

2005, s.  3(b). 

3  Greater Bombay on 10th day ofFebruary, 1964 (vide G. N., U. D.  & P.  H.  D., No.  FOE.  1062/432/ 

Unification (a),  dated the  8th February 1964). 

4  Sub-sections (4)  and  (.5)  were deleted the by Mah.  37  of 2005, s.  3(a). 
5  Clause (a) was inserted by Mah.4 of2008,  s.  2(a). 
G  Clause (a) was renumbered by  Mah. 4  of2008, s. 2(a). 
7  These words were inserted and shall be deemed always to have been inserted by Mah. 36 of 1986, 

s.  2. 

8  These words  were added,  by  Mah.  15  of 1971, Sch. 
O  These words  were substituted for the words and figure "promoter" means "person" by Mah.  4 of 

2008, s.  2(b). 

lo  These words  were inserted by Mah. 15 of 1971,  Sch. 

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4 

Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 
construction,  sale,  management  and  transfer)  Act,  1963 
for  the  purpose  of  selling  some  or  all  of  them  to  other  persons,  or  to  a 
company, co-operative  society  or other  association of persons, and  includes 
his  assignees;  and  where  the  person  who  builds  and  the  person  who 
sells  are  different  persons,  the  term  includes  both; 
(d)  "Registrar"  means  the  Registrar  as  defined  in  the  Maharashtra  Mah. 
Co-operative Societies Act,  1960,  or, as  the case may be, in  the *Companies  XV 
Act,  1956; 

[1963  :  Mah.  XLV 

1961. 

(e)  "to  construct a  block  or building  of flats  1[or  apartments]"  includes  j  of 

to  convert  a  building  or  part  thereof  into  flats  1[or  apartments]; 

1956. 

General 

2[(f)  the  expressions,  "apartment" and  "apartment  owner"  shall  have 
the  meanings,  respectively  assigned  to  them  in  the  Maharashtra  Mah. 
XV of 
Apartment  Ownership  Act,  1970.] 
1971. 
3.  (1)  Notwithstanding anything in  any other law, a promoter who  intends 
liabilities  to  construct  or  constructs  a  block  or  building  of flats,  all  or  some  of which  are 
of promoter.  to  be  taken  or  are  taken  on  ownership  basis,  shall  in  all  transactions  with 
persons  intending  to  take  or  taking  one  or  more  of  such  flats,  be  liable  to 
give  or  produce,  or  cause  to  be  given  or  produced,  the  information  and  the 
documents  hereinafter  in  this  section  mentioned. 

(2)  A  promoter,  who  constructs  or  intends  to  construct  such  block  or 

building  of  flats,  shall- 

(a)  make  full  and  true  disclosure  of  the  nature  of  his  title  to  the 
land  on  which  the  flats  are  constructed,  or  are  to  be  constructed;  such 
title  to  the  land  as  aforesaid  having  been  duly  certified  by  an  Attorney- 
at-law,  or  by  an  Advocate  of  not  less  than  three  years  standing,  3[and 
having  been  duly  entered  in  the  Property  card  or  extract  of  Village 
Forms  'Tl  or  VII  and  XII  or  any  other  relevant  revenue  record;] 

(b)  make  full  and  true  disclosure  of all  encumbrances  on  such  land, 
including  any  right,  title,  interest  or  claim  of any  party  in  or  over  such 
ld;  - 

-------------  - 

(c)  give  inspection  in  seven  days' notice  or  demand,  of the  plans  and 
specifications  of the  building  built  or  to  be  built  on  the  land;  such  plans 
and  specifications  having  been  approved  by  the  local  authority  which  he 
is  required  so  to  do  under  any  law  for  the  time  being  in  force; 

(d)  disclose  the  nature  of fixtures,  fittings  and  amenities  (including 

the  provision  for  one  or  more  lifts)  provided  or  to  be  provided; 

(e)  disclose  on  reasonable  notice  or demand  if the promoter is  himself 
the  builder,  the  prescribed  particulars  as  respects  the  design  and  the 
materials  to  be  used  in  the  construction  of  the  buildings,  and  if  the 
promoter  is  not  himself  the  builder  disclose,  on  such  notice  or  demand, 
all  agreements  (and  where  there  is  no  written  agreement  the  details  of 
all  agreements)  entered  into  by  him  with  the  architects  and  contractors 
regarding  the  design,  materials  and  construction  of  the  building; 

(t)  speciQy  in  writing  the  date  by  which  possession  of  the  flat  is  to 
be  handed  over  (and  he  shall  hand  over  such  possession  accordingly); 
(g)  prepare  and  maintain  a  list  of  flats  with  their  numbers  already 
taken  or  agreed  to  be  taken,  and the  names  and addresses  of the  parties, 
and  the  price  charged  or  agreed  to  be  charged  therefor,  and  the  terms 
and  conditions  if any  on  which  the  flats  are  taken  or agreed  to  be  taken; 
(h)  state  in  writing,  the  precise  nature  of the  organisation  of persons 
to  be  constituted  and  to  which  title  is  to  be  passed,  and  the  terms  and 
conditions  governing  such  organisation  of  persons,  who  have  taken  or 
are  to  take  the  flats; 

t  These words  were inserted by Mah.  15  of 197 1,  Sch. 
2  Clause (t) was added by Mah.  15  of 1971,  Sch. 
3  These words were added by Mah.  36 of 1986,  s. 3(a). 
*  Now  see Companies  Act,  2013. 

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1963  :  Mah. XLV]  Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 

construction,  sale,  management  and  transfer)  Act,  1963 

(i)  not  allow  persons  to  enter  into  possession  until  a  completion 
certificate  where  such  certificate  is  required  to  be  given  under  any  law, 
is  duly given  by  the  local  authority  (and  no  person  shall  take  possession 
of  a  flat until  such  completion  certificate  has  been  duly given  by the local 
authority); 

(i)  make  a  full  and  true  disclosure  of all  outgoings  (including  ground 
rent if any,  municipal or other local  taxes,  taxes  on  income,  water  charges 
and  electricity  charges,  revenue  assessment,  interest  on  any  mortgage 
or  other  encumbrances,  if  any); 

(k)  make  a  full  and  true  disclosure  of  such  other  information  and 
documents  in  such  manner  as  may  be  prescribed;  and  give  on  demand 
true  copies  of  such  of  the  documents  referred  to  in  any  of the  clauses 
of  this  sub-section  as  may  be  prescribed  at a  reasonable  charge  therefor; 
lE(i)  display  or  keep  all  the  documents,  plans  or  specifications  (or 
copies  thereof)  referred  to  in  clauses  (a),  (b)  and  (c),  at  the  site  and 
permit  inspection  thereof  to  persons  intending  to  take  or  taking  one  or 
more  flats; 
advertisement  the  following  particulars,  namely  :- 

(m)  when  the  flats  are  advertised  for  sale,  disclose  inter-alia  in  the 

(i)  the  extent  of the  carpet  area  of  the  flat  including  the  area 

of  the  balconies  which  should  be  shown  separately; 

(ii)  the  price  of  the  flat  including  the  proportionate  price  of the 
ccommon  areas  and  facilities  which  should  be  shown  separately,  to 
be  paid  by  the  purchaser  of  flat;  and  the  intervals  at  which  the 
instalments  thereof may  be  paid 

(iii)  the  nature,  extent  and  description  of  the  common  areas 

and  facilities;  and 

(iv)  the  nature,  extent  and  description  of limited  common  areas 

and  facilities,  if  any;] 
2[(n)  sell  flats  on  the  basis  of  the  carpet  area  only: 
Provided  that,  the  promoter  may  separately  charge  for  the  common 

areas  and  facilities  in  proportion  to  the  carpet  area  of  the  flat. 

Explanation.-  For  the  purposes  of  this  clause,  the  carpet  area  of 

the  flat  shall  include  the  area  of  the  balcony  of such  flat.]. 
4.  3[(J)]  Notwithstanding  anything  contained  in  any  other  law,  a 
promoter  who  intends  to  construct  or  constructs  a  block  or  building  of  flats, 
all  or  some  of  which  are  to  be  taken  or  are  taken  on  ownership  basis,  shall, 
before,  he  accepts  any  sum  of  money  as  advance  payment  or  deposit,  which 
shall  not  be  more  than  20  per  cent.  of  the  sale  price  enter  into  a  written 
agreement  for  sale  with  each  of  such  persons  who  are  to  take  or  have  taken 
such  flats,  and  the  agreement  shall  be  registered  under  4{the  Registration 
xvi  of  Act,  1908  (hereinafter  in  this  section  referred  to  as  "the  Registration  Act")] 
1908. 

5[and  such  agreement  shall  be  in  the  perscribed  form.]. 

Promoter 
be fo re 
accepting 
advance 
payment  or 
deposit  to 
enter  into 
agreement 
and 
agreement 
to  be 
registered. 

L  These Clauses  were added by Mah. 36  of 1986, s.  3(b). 
2  Clause (n)  was  added by  Mah.  23  of2008, s.  2. 
3  Section 4 was renumbered as  sub-section (1)  ofthat section by  Mah.  5  of 1984, s.  2(1). 
4  These  words,  figures  and  brackets  were  substituted  for  the  words  and  figures "the  Indian 

Registration Act,  1908",by  Mah.  5 of 1984, s.  2(1). 

s  These words were substituted for the portion begining with the words "and such agreement" and 

ending with the words "may be prescribed"  by  Mah.  36 of 1986, s. 4(a). 

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6 

Maharashtra  Ownership  Flats  (Regulation  of the promotion  of 
construction,  sale,  management  and  transfer) Act,  1963 
'[(lA)  The  agreement  to  be  prescribed  and  sub-section  (1)  shall  contain 
inter  alia  the  particulars  as  specified  in  clause  (a);  and  to  such  agreement 
there  shall  be  attached  the  copies  of  the  documents  specified  in  clause  (b), 

111963  :  Mah.  XLV 

(a)  particulars,- 

(i)  if the  building  is  to  be  constructed,  the  liability  of the  promoter 
to  construct  it  according  to  the  plans  and  specifications  approved  by  the 
local  authority  where  such  approval  is  required  under  any  law  for  the 
time  being  in  force 

(ii)  the date  by which  the  possession  of the  flat is  to  be  handed  over 

to  the  purchaser 

(iii)  the  extent  of the  carpet area of the flat  including the  area  of the 

balconies  which  should  be  shown  separately 

(iv)  the  price  of  the  flat  including  the  proportionate  price  of  the 
common  areas  and  facilities  which  should  be  shown  separately,  to  be 
paid  by  the  purchaser  of  flat;  and  the  intervals  at  which  instalments 
thereof may  be  paid 

(u)  the  precise  nature  of organisation  to  be constituted  of the  persons 

who  have  taken  or  are  to  take  the  flats 

(vi)  the  nature,  extent  and  description of  limited  common  areas  and 

(vii)  the  nature,  extent  and  description  of  limited  common  areas 

facilities 

and  facilities,  if  any 

(viii)  percentage  of  undivided  interest  in  the  common  areas  and 

facilities  appertaining  to  the  flat  agreed  to  be  sold 

(ix)  statement of the use  of which  the flat  is  intended  and restriction 

of its  use,  if any 

(x)  percentage  of  undivided  interests  in  the  limited  common  areas 
and  facilities,  if  any,  appertaining  to  the  flat  agreed  to  be 
sold 

(b)  copies  of  documents,- 
(iìthe  cerfifitby 
(a)  of  sub-section  (2)  of  section  3 
(ii)  Property  Card  or  extract  of  village  Forms  VI  or  VII  and  XII  or 
any  other  relevant  revenue  record  showing  the  nature  of the  title  of the 
promoter  to  the  land  on  which  the  flats  are  constructed  or  are  to  be 
constructed 

cltse 

(iii)  the  plans  and  specifications  of  the  flat  as  approved  by  the 

concerned  local  authority]. 
2[(2)  Any  agreement  for  sale  entered  into  under  sub-section  (1)  shall  be 
presented  by  the  promoter  or  by  any  other  person  competent  to  do  so  under 
section  32  of  the  Registration  Act,  at  the  proper  registration  office  for 
registration,  within  the  time  allowed  under  sections  23  to  26  (both  inclusive) 
to  the said Act  and  execution  thereof shall  be  admitted before  the  registering 
officer  by  the  person  executing the  document  or  his  representative,  assign  or 
agent  as  laid  down in  sections  34  and  35  of the  said  Act  also  within  the  time 
aforesaid: 

- 

: 

Provided  that,  where  any  agreement  for  sale  is  entered  into,  or  is 
purported  to  be  entered  into,  under  sub-section  (1),  at  any  time  before  the 
commencement  of  the  Maharashtra  Ownership  Flats  (Regulation  of  the  Mah.V 
promotion  of  construction,  sale,  management  and  transfer)  (Amendment  and  of 
Validating  Provisions)  Act,  1983,  and  such  agreement  was  not  presented  for  1984. 
registration  or  was  presented  for  registration  but  its  execution  was  not 
admitted  before  the  registration  officer  by  the  person  concerned,  before  the 
commencement  of the  said  Act,  then  such  document may  be  presented  at  the 
proper  registration  office  for  registration,  and  its  execution may  be  admitted, 
by  any  of  the  persons  concerned  referred  to  above  in  this  sub-section,  on  or 
before  the  31st  December  1984,  and  the  registering  officer  shall  accept  such 
document  for  registration,  and  register  it  under the  Registration  Act,  as  if it 
were  presented,  and  its  execution  was  admitted,  within  the  time  laid  down 
in  the  Registration  Act: 

i  Sub-section (lA) was inserted by Mah.  36 of 1986. 
2  Sub-section  (2) was added  by Mah.  5  of 1984,  s 2(2). 

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1963 :  Mah. XLVI  Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 

construction,  sale,  management and transfer)  Act,  1963 

7 

Provided  further  that,  on  presenting  a  document  for  registration  as 
aforesaid  if the  person executing  such document or  his representative,  assign 
or  agent  does  not  appear  before  the  registering  officer  and  admit  the 
execution  of  the  document,  the  registering  officer  shall  cause  a  summons  to 
be  issued  under  section  36  of  the  Registration  Act  requiring  the  executant 
to  appear  at  the  registration  office,  either  in  person  or  by  duly  authorised 
agent,  at  a  time  fixed  in  the  summons.  If  the  executant  fails  to  appear  in 
compliance  with  the  summons,  the  execution  on  the  document  shall  be 
deemed  to  be  admitted  by  him  and  the  registering  officer  may  proceed  to 
register  the  document  accordingly.  If  the  executant  appears  before  the 
registering  officer  as  required  by  the  summons  but  denies  execution  of  the 
document,  the  registering  officer  shall,  after  giving  him  a  reasonable 
opportunity of being  heard,  if satisfied  that the  document  has  been  executed 
by  him,  proceed  to  register  the  document  accordingly.]. 

1[4  Where  an  agreement  for  sale  entered  into  under  sub-section  (1)  of  Effect  of 

section  4,  whether  entered  into  before  or  after  the  commencement  of  the  non- 
Mah.V  Maharashtra  Ownership  Flats  (Regulation  of  the  promotion  of construction,  registration 
19:  sale,  Management  and transfer)  (Amendment  and  Validating  Provisions) Act, 
greement 
.  1983,  remains  unregistered  for  any  reason,  then  notwithstanding  anything  required to 

contained  in  any  law for  the time  being  in  force,  or  in  any judgement,  decree  be 
or  order  of  any  Court,  it  may  be  received  as  evidence  of  a  contract  in  a  suit  registered 

XLVII  for  specific  performance  under  Chapter  II  of the  Specific  Relief Act,  1963,  or 
of  as  evidence of part  performance  of a  contract  for  the  purposes  of section  53A 
1963.  of  the  Transfer  of  Property  Act,  1882,  or  as  evidence  of  any  collateral 
1882. 

transaction  not  required  to  be  effected  by  registered  instrument.]. 

5.  The  promoter  shall maintain  a  separate  account  in  any  bank  of sums  Promoter to 

taken,  by  him,  from  persons-intending-to--take-or-who  have  taken  flats,  as  maintain 
separate 
advance  or  deposit,  including  any  sums  so  taken  towards  the  share  capital  account  of 
for  the  formation  of  co-operative  society  or  a  company,  or  towards  the  sums  taken 
as  advance 
outgoings  (including  ground  rent,  if  any,  municipal  or  other  local  taxes,  or  deposit 
taxes  on  income,  water  charges,  electricity  charges,  revenue  assessment,  and  to  be 
trustee 
interest  on  any  mortgage  or  other  encumbrances,  if any);  and  he  shall  hold  therefor 
the said  moneys for  the purposes for which they were given and  shall disburse  and 
disburse 
the  moneys  for  those  purposes  and  shall  on  demand  in  writing  by  an  officer  them  for 
appointed  by  general  or  special  order  by  the  State  Government  for  the  purposes 
for which 
purpose,  make  full  and  true  discioure  of  all  transactions  in  respect  of  that  given. 
account. 

2[  5A.  The  State  Government  may,  by  notification  in  the  Official  Gazette  Competent 
appoint  an  officer,  not  below  the  rank  of  the  District  Deputy  Registrar  of  Authority. 
Co-operative  Societies,  to  be  the  Competent  Authority,  for  an  area  or  areas 
in  such  notification  and  different  officers  may  be  appointed 
to  be  specified 
as  Competent  Authority  for  different  local  areas,  for  the  purposes  of 
exercising the  powers  and  performing the  duties  under  sections  5,  10  and  11 
of  this  Act.]. 

6.  A  promoter  shall,  while  he  is  in  possession  and  where  he  collects  Responsibility 
from  persons  who  have  taken over flats  or  are  to  take over  flats  sums for  the  for  payment 
payment  of  outgoings  even  thereafter,  pay  all  outgoings  (including  ground  of outgoings 
rent,  municipal  or  other  local  taxes,  taxes  on  income,  water-charges,  till  property 
electricity  charges,  revenue  assessment,  interest  on  any  mortgage  or  other  transferred 
encumbrances,  if any),  until  he  transfers  property  to  the  persons  taking  over 

i  This section was inserted by Mah.  5 of 1984, s.3. 
2  Section 5A  was inserted by Mah.  4  of2008, s.4. 

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8 

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

[1963  :  Mah.  XLV 

the  flats,  or  to  the  organisation  of  any  such  persons,  '[where  any  promoter 
fails  to  pay  all  or  any  of the  outgoings  collected by  him  from  the persons  who 
have taken over  flats or  are to  take over  flats,  before  transferring the property 
to the persons taking  over the  flats or  to  the organisation  of any such  persons, 
the  promoter  shall  continue  to  be  liable,  even  after  the  transfer  of  the 
property,  to  pay  such  outgoings  and  penal  charges  (if  any)  to  the  authority 
or  person  to  whom  they  are  payable  and  to  be  responsible  for  any  legal 
proceedings  which  may  be  taken  therefor  by  such  authority  or  persons]. 

(i)  any  alteration  in  the  structures  described  therein 

in  respect  of 
the  flat  or  flats  which  are  agreed  to  be  taken,  without  the  previous 
consent  of  that  persons; 

7.  (1)  After  the  plans  and  specifications  of  the  building  as  approved  by 
After  plans 
and 
specifications  the  local  authority  as  aforesaid,  are  disclosed  or  furnished  to  the  persons 
are  who  agrees  to  take  one  or  more  flats,  the  promoter  shall  not  make- 
disclosed  no 
alterations 
or  additions 
without 
consent  of 
Dersons 
who  have 
agreed  to 
take  the 
flats;  and 
defects 
noticed 
within 
5[three 
yearsl  to  be 
rectified. 

2[(ii) any  other alterations  or additions  in the structure  of the building 
without  the  previous  consent  of all  the  persons  who  have  agreed  to  take 
the  flats  in  such  building]. 

(2)  Subject  to  sub-section  (1),  the  building  shall  be  constructed  and 
completed  in  accordance  with  the  plans  and  specifications  aforesaid;  and  if 
any defect  in  the  building or  material  used,  or  if any  unauthorized  change  in 
the  construction  is  brought  to  the  notice  of  the  promoter within  a  period  of 
3[three _ years]  froTthe 
it  shallWherever 
possible  be  ractified  by  the  promoter  without  further  charge  to  the  persons 
who  have  agreed  to  take  the  flats,  and  in  other  cases  such  person  shall 
be  entitled  to  receive  reasonable  compensation  for  such  defect  or  change. 
Where  there  is  a  dispute  as  regards  any  defect  in  the  building  or  material 
used,  or  any  unauthorised  change  in  the  construction,  4[or  as  to  whether  it 
is  reasonably  possible  for  the  promoter  to  rectify  any  such  defect  or  change, 
or  as  regards  the  amount  of  reasonable  compensation  payable  in  respect  of 
any such defect  or change which  cannot be,  or is  not rectified by the promoter,] 
the  matter  shall,  on  payment  of  such  fee  as  may  be  prescribed,  6[and  within 
a  period  of three  years  from  the  date  of handing  over  possession,  be  referred 
for  decision,- 

(i)  in  an  urban  agglomeration  as  defined  in  clause  (n)  of section  2  of 
the  Urban  Land  (Ceiling  and  Regulation)  Act,  1976,  to  such  competent  33  of 
authority authorised by the  State  Government under  clause  (d)  of section  1976. 
2  of that  Act,  and 

i  This portion  was added and was deemed always to have been added by Mah.  36  of 1986,  s.5. 
2  Clause (ii)  was  substituted and was  deemed always  to  have been  substituted by Mah.  36  of 

1986,  s.6(a). 

:3  These words were substituted and were deemed always to have been substituted for the words 

"one year" by Mah.  36 of 1986,  s  6(b)(i). 

4  These words were  deemed always  to have been inserted by Mah.  11 of 1970,  s.  3. 
5  These words were substituted for the words "  a year" by Mah.  36 of 1986,  s.  6(c). 
6  This portion  was substituted for the portion begining with  the words  "be referred" and ending 

with the words  "shall be final"  by Mah.  36  of 1986,  s.6(b)(ii). 

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1963  Mah. XLV]  Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 

construction,  sale,  management  and  transfer) Act,  1963 

9 

x)ri 

of 

1977. 

. 

(ii)  Ifl  any  other  area,  to  such  Deputy  Chief  Engineer,  or  to  such 
other  Officer  of the  rank  equivalent  to  that  of  Superintending  Engineer 
fl  the  Maharashtra  Service  of  Engineers,  of  a  Board  established  under 
scetion  18  of the  Maharashtra Housing  and  Area  Development Act,  1976, 
as  the  State  Government  may,  by general  or special  order,  specify  in  this 
behalf.  Such  competent  authority,  Deputy  Chief Engineer  or,  as  the  case  may 
be,  the  other  officer  of a  Board  shall,  after  inquiry,  record his  decision,  which 
shall  be  final.]. 

'E7A.  For  the  removal  of  doubt,  it  is  hereby  declared  that  clause  (ii)  of  Removal  of 

. 

Mah.  sub-section  (1)  of  section  7  having  been  retrospectively  subsituted  by  clause  doubt. 
xxxv'  (a)  of  section  6  of  the  Maharshtra  Ownership  Flats  (Regulation  of  the 
19806f  promotion  of construction,  sale,  management  and transfer)  (Amendment)  Act, 
1986  (hereinafter  in  this  section  referred  to  as  "the  Amendment  Act"),  it 
shall  be  deemed  to  be  efféctive  as  if the  said  clause  (ii)  as  so  substituted has 
been  in  force  at  all  material  times;  and  the  expression  "or  construct  any 
additional  structures"  in  clause  (ii)  of  sub-section  (1)  of section  7  as  it  existed 
before  the  commencement  of  the  Amendment  Act  and  the  expression 
"constructed  and  completed  in  accordance  with  the  plans  and  specifications 
as  aforesaid "and "any unauthorised change  in  the construction" in  sub-section 
(2)  of  section  7  shall,  notwithstanding  anything  contained  in  this  Act,  or  in 
any Agreement,  or  in any judgement, decree  or order  of any  Court,  be  deemed 
never  to  apply  or  to  have  applied  in  respect  of  the  construction  of  any  other 
additional  building  or  structures  constructed  or  to  be  constructed  under  a 
scheme  or  project  of  development  in  the  layout  after  obtaining  the  approval 
of  a  local  authority  in  accordance  with  the  building  rules  or  building 
bye-laws  or  Development  Control  Rules  made  under  any  law  for  the  time 

______________ 

8.  If- 

Refund of 
amount 
paid  with 
(a)  the  promoter  fails  to  give  possession  in  accordance  with  the  interest  for 
terms  of his  agreement  of  a  flat  duly  completed  by the  date  specified,  or  failure  to 
give 
any  further  date  or  dates  agreed  to  by  the  parties,  or 
possession 
within 
(b)  the  promoter for  reasons  beyond  his  control  and  of his  agents,  is  specified 
unable  to  give  possession  of  the  flat by  the  date  specified,  or  the further  time  or 
further 
agreed  date  and  a  period  of three  months  thereafter,  or  a  further  period  time 
of  three  months  if  those  reasons  still  exist, 

allowed. 

then,  in  any  such  case,  the  promoter  shall  be  liable  on  demand  (but 
without  prejudice  to  any  other  remedies  to  which  he  may  be  liable)  to 
refund  the  amounts  already  received  by him  in  respect  of the  flat  (with 
simple  interest  at  nine  per  cent.  per  annum  from  the  date  he  received 
the  sums  till  the  date  the  amounts  and  interest  thereon  is  refunded), 
and  the  amounts and  the  interest  shall  be  a  charge  on  the  land  and  the 
construction if any  thereon in  which the  flat  is  or  was  to  be  constructed, 
to  the  extent  of  the  amount  due,  but  subject  to  any  prior  encumbrances. 
9.  No  promoter  shall,  after  he  executes  an  agreement  to  sell  any  flat,  No 

mortgage  or  create  a  charge  on  the  flat  on  the  land,  without  the  previous 
consent  of the  persons  who  take  or  agree  to  take  the  flats,  and  if  any  such 
mortgage  or  charge  is  made  or  created  without  such  previous  consent  after 
the  agreement  referred  to  in  section  4  is  registered,  it  shall  not  affect  the  after 
right  and  interest  of  such  persons. 

. 

. 

of 

execution  of 
agreement 
for  sale. 

i  Section 7A was inserted by Mah. 36  of 1986, s.7. 

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[1963  :  Mah.  XLV 

lo 

Promoter  to 

Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 
construction,  sale,  management  and transfer) Act,  1963 
10.  1[(1)]  As  soon  as  a  minimum  number  of  persons  required  to  form  a 
a  e  steps  Co-operative  society or  a  company have  taken flats,  the  promoter shall within 
formation  the  prescribed  period  submit  an  application  to  the  Registrar  for  registration 
operative  of the  organisation  of  persons  who  take  the  flats  as  Co-operative  society  or, 
so0tK: as  the  case  may  be,  as  a  company;  and  the  promoter shall  join,  in  respect  of 
the  flats  which  have  not  been  taken,  in  such  application  for  membership  of 
a  Co-operative  society  or  as  the  case  may  be,  of  a  company.  Nothing  in  this 
section  shall affect  the right  of the  promoter  to  dispose  of the remaining  flats 
in  accordance  with  the  provisions  of  this  Act 

2[Provided  that,  if  the  promoter  fails  within  the  prescribed  period  to 
submit  an application  to the  Registrar for  registration of society in  the manner 
provided  in  the  Maharashtra  Co-operative  Societies Act,  1960,  the  Competent  Mah. 
Authority  may,  upon  receiving  an  application  from  the  persons  who  have 
taken  flats  from  the  said  promoter,  direct  the  District  Deputy  Registrar,  1961. 
Deputy  Registrar  or,  as  the  case  may  be,  Assistant  Registrar  concerned,  to 
register  the  society: 

Provided  further  that,  no  such  direction  to  register  any  society  under 
the  preceding  proviso  shall  be  given  to  the  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  opportunity  of  being  heard.]. 

'[(2)  If  any  property  consisting  of  building  is  constructed  or  to  be 
constructed  3[and  the  promoter  submits  such  property  to  the  provisions  of 
the Maharashtra Apartment Ownership Act,  1970,  by executing and registering  Mah. 
a  Declaration  as  provided  by  that  Act]  then  the  promoter  shall  inform  the 
Registrar  as  défihied  in  the  Máharash&à  CitiV Societies  Act,  1960,  Mah. 
accordingly;  and  in  such  cases,  it  shall  not  be  lawful  to  form  any  co-operative  XXIV 
society  or  company. 

1961. 

4[* 

* 

* 

* 

*] 

i i . 

[( i )1  A  promoter  shall  take  all  necessary  steps  to  complete  his  title 
Promoterto 
conK 
and  convey  to  the  organisation  of persons,  who  take flats,  which  is  registered 
docurnts  either  as  a  co-operative  society  or  as  a  company  as  aforesaid  or  to  an 
according  t  association  of flat  takers  6[or  apartment  owners] ,  his  right,  title  and  interest 
agreement.  in  the  land  and  building,  and  execute  all  relevant  documents  therefor  in 
accordance  with  the  agreement  executed  under  section  4  and  if no  period  for 
the  execution  of  the  conveyance  is  agreed  upon,  he  shall  execute  the 
conveyance  within  the  prescribed  period  and  also  deliver  all  documents  of 
title  relating  to  the  property  which  may  be  in  his  possession  or  power. 

i  Section  10  was renumbered as sub-section  (1)  of that section and sub-section  (2) was added by 

Mah.15 of1971, Sch. 

2  Provisos were added by Mah. 4 of2008, s.  5. 
:3  This portion was substituted for the portion beginning with 'and the apartment  takers propose 

to  submit" and ending with 'as required by that Act" by Mah.  53  of 1974, s.  6(a) 

4  The words "and each apartment owner shall be entitled to the exclusive ownership and posses- 
sion ofhis apartment  as provided in the first mentioned Act" were deleted,  by Mah. 53 of 1974, 
s.  6(b). 

5  Section  11 was renumbered as sub-section (1)  ofthe said section and sub-sections  (2) to (5)  were 

inserted by Mah.4  of2008,  s. 6. 

G  These words were inserted by Mah.  15  of 197 1,  Sch. 

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1963  Mah. XLV]  Maharashtra  Ownership  Flats  (Regulation  of the promotion  of 

construction,  sale,  management  and transfer) Act,  1963 

11 

1[(2)  It  shall  be  the  duty  of  the  promoter  to  file  with  the  Competent 
Authority,  within  the  prescribed  period,  a  copy  of  the  conveyance  executed 
by  him  under  sub-section  (1). 

(3)  If the  promoter fails  to  execute  the  conveyance  in  favour  of  the  Co- 
operative society  formed  under section  10  or,  as  the case  may be,  the Company 
or the  association of apartment  owners,  as  provided by  sub-section  (1),  within 
the  prescribed  period,  the  members  of  such  Co-operative  society  or,  as  the 
case may  be,  the  Company  or  the  association  of apartment  owners  may,  make 
an  application,  in  writing,  to the  concerned  Competent  Authority accompanied 
by  the  true  copies  of  the  registered  agreements  for  sale,  executed  with  the 
promoter  by  each  individual  member  of  the  society  or  the  Company  or  the 
association,  who  have  purchased  the  flats  and  all  other  relevant  documents 
(including  the  occupation  certificate,  if  any),  for  issuing  a  certificate  that 
such  society,  or  as  the  case  may  be,  Company  or  association,  is  entitled  to 
have  an  unilateral  deemed  conveyance,  executed  in  their  favour  and  to  have 
it  registered. 

(4)  The  Competent  Authority,  on  receiving  such  application,  within 
reasonable time  and  in  any case  not  later 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 that it  is a fit case for issuing such certificate, 
shall  issue  a  certificate  to  the  Sub-Registrar  or  any  other  appropriate 
of  Registeration  Officer  under  the  Registeration  Act,  1908,  certifying  that  it  is 
a  fit  case  for  enforcing  unilateral  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 
16  of  appropriate  Registeration  Officer  appointed  under  the  Registeration  Act, 
1908.  1908,  the  certificate  issued  by  the  Competent  Authority  alongwith  the 
unilateral  instrument  of  conveyance,  the  Sub-Registrar  or  the  concerned 
appropriate  registration  Officer  shall,  notwithstanding  anything  contained 
16  of in  the  Registration  Act,  1908,  issue  summons  to  the promoter  to  show  cause 
1908.  why,  such  unilateral  instrument  should  not  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,  register  that  instrument  as,  '  deemed  conveyance  '.1. 

12.  (1)  Every person  who  has  executed  an  agreement  to  take  a  flat  shall  pea1 
ies 

pay  at  the  proper  time  and  place  the  price,  his  proportionate  share  of  the  1p 
municipal taxes,  water  and  electricity  charges,  ground  rent  (if  any)  and  other  taker. 
public  charges  in  accordance  with  his  agreement  with  the  promoter  ;  and 
where  a  co-operative  society  or  a  company  of  persons  taking  the  flats  is  to 
be  constituted,  co-operate  in  the  formation  of such society  or  company,  as  the 
case  may  be. 

(2)  Any  person  who  has  executed  an  agreement  to  take  a  flat  and  who, 
without  reasonable  excuse,  fails  to  comply  with  or  contravenes  sub-section 
(1)  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to  two 
thousand  rupees. 

i  Sub-sections  (2) to  (5) were inserted  by Mah.  4 of2008, s.  6. 

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[1963  :  Mali.  XLV 

12 

Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 
construction,  sale,  management  and transfer) Act,  1963 
'[12A.  (1)  No  person,  who  is  a  promoter,  or  who  is  in-charge  of 
Manager 
not  to 
management  or  connected  with  the  management  of  a  block  or  building  of 
withheld,  flats,  whether  as  member  of  a  managing  committee,  director,  secretary  or 
curalor 
otherwise,  or  is  responsible  for  the  maintenance  thereof  (hereinafter  in  this 

::i'  section  referred  to  as  "  the  manager  "),  shall,  without  just  and  sufficient 

service.  cause,  either  by  himself or  through  any  person,  cut  off,  withhold,  or  in  any 
manner  curtail  or  reduce,  any  essential  supply  or  service  enjoyed  by  the 
person  who  has  taken  a  flat (or  by  any  person  in  occupation  thereof through 
or  under  him)  in  respect  of  the  flat  taken  or  agreed  to  be  taken  by  him. 

(2)  The  person  who  has  taken  or  agreed  to  take  the  flat  or  the  occupier 
may,  if the  manager  has  contravened  the  provisions  of sub-section  (1),  make 
an  application  to  the  Court  for  a  direction  to  restore  such  supply  or  service. 
(3)  If the Court  on  enquiry finds that  the applicant or  the  person through 
or  under  whom  he  is  in  occupation  has  been  in  enjoyment  of  the  essential 
supply  or  service,  and  that  it  was  cut  off or  withheld  or curtailed  or  reduced 
by  the  manager without just  and  sufficient  cause,  the  Court  shall  make  an 
order  directing  the  manager  to  restore  such  supply  or  service  before  a  date 
to  be  specified  in  the  order. 

(4)  The  manager  who  fails  to  restore  the  supply  or  service  before  the 
date  so  specified,  shall  for  each  day  during  which  the  default  continues 
thereafter,  be  liable  upon  a  further  direction  by  the  Court  to  that  effect,  to 
fine  which  may  extend  to  one  hundred  rupees. 

(5)  Notwithstanding  anything  contained  in  any  law for  the  time  being in 

force,- 

(a)  in  GreaterBombay,  the -Court- of  Small  CausesBombay, 
(b)  in  any  area  for  which  a  Court  of  Small  Causes  is  established 

under  the  Provincial  Small  Cause  Courts  Act,  1887,  such  Court,  and 
(c)  elsewhere,  the  Court  of  the  Civil  Judge  (Senior  Division), 
shall  have  jurisdiction  to  decide  any  application  made  under  sub- 
section  (2),  and  no  other  Court  shall  have  jurisdiction  to  entertain  such 
application.  No  appeal shall lie  from any order  made on  such  application; 
but  in  Greater  Bombay  a  bench  of  two  judges  of  the  Court  of  Small 
Causes, Bombay,  which  shall not include the Judge who  made  such order, 
and  elsewhere  the  District  Court,  may  for  the  purpose  of  satisfying 
itself  that  the  order  made  was  according  to  law,  call  for  the  case  in 
which  such  order  was  made  and  the  Bench  or  Court  aforesaid  or  the 
District  Judge  or  any  Judge  to  which  the  case  may  be  referred  by  the 
District  Judge,  shall  pass  such  order  with  respect  thereto  as  it  or  he 
thinks  fit. 

of 

1887. 

Retrospective 
effect  and 
saving. 

I  Section 12A was inserted by Mah.  29  of 1964,  s.  2. 

Section 4 ofMah. 29  of 1964 reads  as under 
"  4.  The  amendments made  by sections  2  and  3  shall be  deemed  to  have been inserted in  the 
principal Act and shall be deemed to have come into force in Greater Bombay, on the 10th day of 
February 1964; but nothing therein shall render any person liable to be convicted ofany offence 
in respect ofany act or omission by him before the commencement ofthis Act, ifsuch act was not 
an offence under the principal Act, at that date, but for the provisions herein inserted. But if any 
person has cut off, withheld or in any manner curtailed or reduced,  any essential supply or service 
in respect ofany flat at any time before the commencement ofthe Maharashtra Ownership Flats  Mali 
(Regulation ofpromotion ofconstruction,  sale, management and transfer) (Amendment) Act, 1964, 
and continues or allows the continuance thereofafter such commencement, he shall be liable to  of 
the penalties provided in that aforementioned section 2.". 

1964. 

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1963  :  Mah. XLV]  Maharashtra  Ownership  Flats  (Regulation  of the  promotion  of 

construction,  sale,  management  and  transfer) Act,  1963 

13 

(6)  Any  manager  who  contravenes  the provisions  of sub-section  (1)  shall, 
on  conviction,  be  punished  with  imprisonment  for  a  term  which  may  extend 
to  three  months,  or  with  fine,  or  with  both. 

(7)  The  offence  under  sub-section  (6)  shall  be  cognizable,  and  shall  not 
be  triable  by  any  Court  inferior  to  that  of  a  '[Metropolitan  Magistrate,  or  a 
Judicial  Magistrate  of  the  First  Classi. 

Explanation  I.-In this  section,  essential  supply  or  service  includes  the 
supply  of water,  electricity,  lights  in  passages  and  on  stair-cases,  and  lifts 
and  conservancy  or  sanitary  service. 

Explanation 11.-For the purposes of this  section, witholding  any essential 
supply or  service  shall  include  acts  or  omissions  attributable  to  the  manager 
on  account  of  which  the  essential  supply  or  service  is  cut  off  by  the  local 
authority  or  any  other  competent  authority.i. 

2[13 

(1)  Any  promoter  who,  without  reasonable  excuse,  fails  to  comply  Offences  by 
with  or  contravenes,  the  provisions  of  sections  3,  4,  5  [save  as  provided  in  promoters 
sub-section  (2)  of this  sectioni ,  10  or  11  shall,  on  conviction  be  punished  with  5[and 
imprisonment  for  a  term  which  may  extend  to  three  years  or  with  fine,  or  consecluences 
°n 
with  both. 
conviction.] 

(2)  Any  promoter  who  commits  criminal  breach  of  trust  of  any  amount 
advanced  or  deposited  with  him  for  the  purposes  mentioned  in  section  5 
shall,  on  conviction,  be  punished  with  imprisonment  for  a  term  which  may 
extend  to  five  years,  or  with  fine,  or  with  both. 

.. 

(3)  Any  promoter  who,  without  reasonable  excuse,  fails  to  comply  with 
or,  contravenes,  any  other  provision  of this  Act  or  any rule  made  thereunder, 
shall,  if  no  other  penalty  is  expressly  provided  for  the  offence,  or  punished, 
on  conviction,  3[with  imprisonment  for  a  term  which  shall  not  be  less  than 
-  -six-months-but  which  may  extend-to  one  year or  with fine  which  shall-not-be 
less  than  Ten  Thousand  rupees  but  which  may  extend  to  Fifty  Thousand 
rupees  or  with  bothi. 

4[(4)  When  any  promoter  is  convicted  of  any  offence  under  this  Act, 
except  offence  under  section  12A,  such  promoter  shall  be  disqualified  from 
undertaking  construction  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 
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 constructions  already  undertaken  by  him. 
(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  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. 

I  These  words  were  substituted  for the  words  "  Presidency Magistrate,  or  a  Magistrate of the 

First Class "  by Mah.  12 of 1986,  s.3. 

2  Sections  13  and  13A  were substituted for the original section  13 by Mah.  36 of 1986,  s.  8. 
3  These words  were substituted for the words  "  with imprisonment for a term which may extent 
to one year, or with fine which may extend to ten thousand rupees, or with both," by  Mah. 4  of. 
2008,  s.7(a). 

4  These sub-sections were added by Mah.  4 of2008,  s.7(b). 
5  These words were inserted by Mah. 4 of2008,  s.7(c). 

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14 

Maharashtra  Ownership  Flats  (Regulation  of the promotion  of 
construction,  sale,  management and  transfer) Act,  1963 
(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  for  a 
period  for  which  the  promoter  is  so  disqualified]. 

[1963  :  Mah.  XLV 

Power  of 

13A.  Notwithstanding  anything  contained  in  the  Code  of  Criminal  1 
Magistrate  Procedure, 1973, it  shall  be  lawful  for  a  Metropolitan  Magistrate  or  a  Judical 
to  pass  Magistrate  of  the  First  Class  to  pass  on  any  person  convicted  of any  offence 
sentences  under  this  Act  a  sentence  of  imprisonment  or  of  fine  or  both  as  provided  in 
under  this 
Act.  the  relevant  section  of  this  Act,  in  excess  of  his  powers  under  section  27 of 

the  said  Code]. 

CXnetet 
to  be  public  within  the  meaning  of  section  21  of  the  Indian  Penal  Code. 

'[13B.  The  Competent  Authority  shall  be  deemed  to  be  a  public  servant  45  of 

1860. 

servant. 

13C.  All  proceedings  before  a  Competent  Authority  shall  be  deemed  to  45  of 
Proceedings 
before 
Competent  be  the  judicial  proceedings  for  the  purposes  of  sections  193 and  228  of  the  1860. 
Authority  Indian  Penal  Code. 

13D.  Every  Competent  Authority  shall  be  deemed  to  be  a  Civil  Court 
for  the  purposes  of  sections  345 and  347  of the  Code  of  Criminal  Procedure,  2  of 

1974. 

to  be 
judicial 
proceedings. 
Comtent 

be  Civil  1973. 
Court  for 
certain 
purposes. 
Indemnity 

13E.  No  suit,  prosecution or  any other  legal  proceedings  shall  lie  against 
donein  any  competent  Authority  in  respect  of  anything  which  is  in  good  faith  done 

good  faith.  or  purported  to  be  done  by  him  under  this  Act]. 

14.  (1)  If the  person  committing  an  offence  under  this  Act  is  a  company, 
Offences  by 
companies.  every  person  who  at  the  time  the  offence  was  committed  was  in  charge  of 
and  was  responsible  to  the  company  for  the  conduct  of  business  by  the 
company  as  well  as  the  company  shall  be  deemed  to  be  guilty  of  the  offence 
and  shall  be  liable  to  be  proceeded  against  and  punished  accordingly 

Provided  that,  nothing  contained  in  this  sub-section  shall  render  any 
such  person  liable  to  such  punishment  provided  in  this  Act  if he  proves  that 
the  offence  was  committed  without  his  knowledge  or  that  he  exercised  all 
due  diligence  to  prevent  the  commission  of  such  offence. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1)  where  an 
offence  under  this  Act  has  been  committed  with  the  consent  or  connivance 
of,  or  is  attributable to  any  negligence  on  the  part  of,  any  director,  manager, 
secretary  or  other  officer  of  the  company,  such  director,  manager,  secretary 
or  other  officer  shall  also  be  deemed  to  be  guilty  of that  offence  and  shall  be 
liable  to  be  proceeded  against  and  punished  accordingly. 
Explanation.-For  the  purposes  of  this  section,- 

(a)  "  company  "  means  a  body  corporate  and  includes  a  firm  or 

other  association  of  individuals  :  and 

(b)  "  director  "  in  relation  to  a  firm  means  a  partner  in  the  firm. 

I  The  Sections  13B to  13E  were  inserted by Mah.  4 of2008, s.  8. 

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1963 :  Mah.  XLV]  Maharashtra  Ownership  Flats  (Regulation  of the  pro/notion  of 

15 

construction,  sale,  management  and transfer)  Act,  1963 
15.  (1)  The  State  Government  may,  subject  to  the  condition  of  previous  Power  to 

publication,  by  notification  in  the  Official  Gazette,  make  rules 
into  effect  the  provisions  of  this  Act. 

for  carrying  make  rules. 

(2)  In  particular  and  without  prejudice  to  the  generality  of the  foregoing 
power  such  rules may provide  for  all or  any  of the following  matters,  namely:- 
(a)  under  section  3,  the  particulars  as  respects  the  design  and  the 
materials  to  be  used  in  the  construction  of  the  building  and  the  other 
information  and  documents  to  be  disclosed,  the  manner  in  which 
disclosure  to  be  made  and  the  documents  of  which  true  copies  shall  be 
given  by  the  promoter 

1[(b)  under  section  4,  the  form  of  agreement;] 
(c)  under  section  10,  the  period  within  which  the  promoter  shall 
submit  an  application  for  registration  of  a  co-operative  society  or  a 
company; 

(d)  under  section  11,  the  period  within  which  the  promoter  shall 

execute  the  conveyance; 

(e)  any  other  matter  which  has  to  be,  or  may  be,  prescribed  by 

rules. 
(3)  Every  rule  made  under  this  section  shall  be  laid  as  soon  as  may  be 
after  it  is  made  before  each  House  of  the  State  Legislature  while  it  is  in 
session  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  successive  sessions,  and  if,  before  the  expiry  of the  session 
in  which  it  is  so  laid  or  the  session  immediately  following,  both  Houses  agree 
in  making  any  modification  in  the  rule  or  both  Houses  agree  that  the  rule 
shbuld not  be  made,  and  notify  such  decision  in  the  Official Gazette,  the  rule 
shall  from  the date  of  publication  of such  notification  have  effect  oniy  in  such 
modified  form  or  be  of  no  effect,  as  the  case  may  be  ;  so  however  that  any 
such  modification  or  annulment  shall,  be without  prejudice  to  the  validity  of 
anything  previously  done  or  omitted  to  be  done  under  that  rule. 

16.  The  provisions  of  this  Act,  except  where  otherwise  provided,  shall  Act  to  be  in 
Iv  of  be  in  addition  to  the  provisions  of  the  Transfer  of  Property  Act,  1882,  and  addition  to 
1882.  shall  take  effect  notwithstanding  anything  to  the  contrary  contained  in  any 

' 

contract. 

Act  and  to 
over-ride 
contract to 
the 
contrary. 

17.  As  respects  flats which  on  the commencement  of this Act  have  already  Application 

been  constructed,  or  converted,  the  provisions  of  sections  2,6,8,9,  of certain 
10,11,12,13,14,15  and  16  apply  with  the  following  modifications,  that  is  to  provisions 
to  flats 
say,- 
already  in 
(a)  in  section  2,  in  clause  (c),  the  words  "  means  a  person  who  existence. 

constructs  "  shall  be  read  as  if  the  words  "  means  a  person  who  has 
constructed  "  had  been  substituted 

(b)  in  section  8,  if the  date  specified  or  agreed  to  has  already  passed 
at the  commencement of  this Act,  then  the  promoter shall  give  possession 
within  three  months  from  such  commencement  of this  Act;  and  if for  any 

I  Clause (b)  was  substituted for the original by  Mah.  36  of 1986,  s.  9. 

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16 

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

11963 :  Mah. XLV 

reasons  beyond  his  control  and  of  his  agent,  the  promoter  has  been 
unable  to  give  possession  of  the  flat  within  three  months  from  such 
commencement, he  shall  give  possession  thereof within  a  period  of three 
months  thereafter,  or  a  further  period  of three  months  if  those  reasons 
still  exist;  and  thereafter  the  promoter  shall  be  liable  on  demand  to 
refund  the  amounts  on  the  terms  and  conditions  provided  in  the  said 
section; 

(c)  in  section  9,  the words  and figures  "  after  the  agreement referred 
to  in  section  4  is  registered  "  shall  be  read  as  if  the  words  "  after  the 
commencement  of  this  Act  "  had  been  substituted; 

(d)  in  section  10,  the  words  "  As  soon  as  a  minimum  number  of 
persons  required  to  form  a  co-operative  society  or  a  company  have  taken 
flats,  the  promoter  shall  within  the prescribed  period  "  shall  be  read  as 
if  the  words  "  Where  the  minimum  number  of  persons  required  to  form 
a  co-operative  society  or  a  company have  taken flats,  the  promoter  shall 
within  three  months  from  the  commencement  of  this  Act  "  had  been 
substituted; 

(e)  in  section  11,  the  words  and  figure  "  in  accordance  with  the 
agreement executed  under  section  4  "  shall  be  read  as  if the  words  "  in 
accordance  with  any  agreement  made  in  respect  thereof"  had  been 
substituted,  and  the  words  "within  the  prescribed  period"  shall  be  read 
as  if  the  words  "  within  three  months  from  the  commencement  of  this 
Act  "  had  been  substituted. 

'[18. 

shall  apply  to  the  Maharashtra  Housing  Mah. 
Area  Development  Authority  and  the  Boards  established, under  the  XXVIII 

Act  not  to 
apply  to 
-Housing--  MàharashitÑ  ffdi.isiñg  and  Aiea  DevelopineñtAct,19761.  - 
and  Area 
Development 
Authority 
and  Boards. 

--  - 

- 

-  - 

of_____________ 
1977. 

Section 18  was substituted for the original by Mah.  12  of 1986, s.4. 

PRINTED  AT  TUE  GOVERNMENT  PRESS,  WAL 

G.  P.  Wai-'4,060  Bks._52Ol8_L1I82* 

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M aharashtra Government Publications 
can be  obtained from- 

s  TRE  DIRECTOR 

GOVERNMENT  PRINTITNG,  STATIONERY  AND  PUBLICATIONS 
MAHARASHTRA  STATE, 
Netaji  Subhash Road, 
MUMBAL  400  004. 
Phone  :  022/ 236  326 93, 
23631148, 

236  306  95 
23634049 

.  THE  MANAGER 

GOVERNMENT  PI-ioTozitCo Pss 
Photozinco  Press Area, Near  G  P.  0. 
PUNE  411001. 
Phone  :  020/261  247 59, 

261  258 08, 

D  BOOK  DEPOT 

261  28920 

.  THE  MANAGER 

GOVERNMENT  Pss  AND  BooK  DEPOT 
Civil Lines, 
NAGPUR  440001. 
Phone:0712/25626  15, 

2562815 

.  THE  ASSISTANT  DIRECTOR 

GOVERNMENT  STATIONERY,  STORE  AND  BooK  DEPOT 
Shaha Ganj, Near Gandhi Chowk, 
AURANGABAD  431  001. 
Phone:0240/233  1468, 

233  1109 

.  THE  MANAGER 

GOVERNMENT  Piss  AND  STATIONERY,  STo 
Tarabai Park, 
KOLHAPIJR  4 1 6 003. 
Phone  :  0231/265 03  95, 

265 0402 

AND THE  RECOGNISED BOOKSELLERS 

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