The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Act, !!

"

#Act $o%& of !!' w%e%f% "( ( !!') An Act

further to amend the Maharashtra Ownership F1ats (Regulation of the promotion of Construction, sale, management and transfer) Act, 196 !

(As passed by the Legislative Assembly on the 6th December, 2005.) (As passed by the Legislative Co ncil !ith amendments on the "6th April, 200#.)

$%&'&A( it is e)pedient * rther to amend the +aharashtra ,!nership -lat 'eg lation o* the .romotion o* Constr ction, (ale, +anagement and /rans*er) Act, "061 *or the p rposes hereina*ter appearing2 it is hereby enacted in the -i*ty3si)th 4ear o* the 'ep blic o* 5ndia as *ollo!s6

". Short title /his Act may be called the +aharashtra ,!nership -lats ('eg lation o* the .romotion o* Constr ction, (ale, +anagement and /rans*er) (Amendment) Act. 2005.

2. Amendment of section of Mah% *+, of -./0

5n (ection 2 o* the +aharashtra ,!nership -lats ('eg lation o* the promotion o* Constr ction, (ale, +anagement and /rans*er) Act. "061 (hereina*ter re*erred to as 7the .rincipal Act8)3

(a) cla se (a) shall be ren mbered as cla se (a3") thereo*, and be*ore cla se (a3l) as so ren mbered, the *ollo!ing cla se shall be inserted. namely63 (a) 7Competent A thority8 means a Competent A thority appointed nder (ection 5A29 (b) in cla se (c) "*or the !ords9, 7promoter9 means 7a person9 the *ollo!ing !ords shall be s bstit ted, namely 63 7promoter8 means a person and incl des a partnership *irm or a body or association o* persons, !hether registered or not9.

1. Amendment of Section " of Mah% *+, of -./0

5n (ection 5 o* the .rincipal Act, *or the !ords 7an o**icer o* o**icer appointed by general or special order by the (tate :overnment *or the p rpose8 the !ords 7a Competent A thority8 shall be s bstit ted

;. 1nsertion of Section "A in Mah% *+, in -./0

A*ter section 5 o* the principal Act, the *ollo!ing section shall be inserted, namely63

2"A% Competent Authorit3 /he (tate :overnment may, by noti*ication in the Official #a$ette, appoint an o**icer, not belo! the ran< o* the District Dep ty 'egistrar o* Co3operative (ocieties, to be the Competent A thority, *or an area or areas to be speci*ied in s ch noti*ication and di**erent o**icers may be appointed as Competent A thority *or di**erent local areas, *or the p rposes o* e)ercising the po!ers and per*orming the d ties nder sections 5, "0 and "" o* the Act.8

5. Amendment of section -! of Mah% *+, of -./0

5n (ection "0 o* the principal Act, in s b3section ("), the *ollo!ing provisos shall be added at the end, added at the end, namely63

7Pro4ided that, i* the promoter *ails !ithin the prescribed period to s bmit an application to the 'egistrar *or registration o* society in the manner provided in the +aharashtra Co3 operative (ocieties Act, "060, the Competent A thority may, pon receiving an application *rom the person !ho have ta<en *lats *rom the said promoter, direct the District Dep ty 'egistrar, Dep ty 'egistrar or, as the case may be, Assistant 'egistrar concerned, to register the society6

.rovided * rther that, no s ch direction to register any society nder the preceding proviso shall be given to the District Dep ty 'egistrar, Dep ty 'egistrar or, as the case may be, Assistant 'egistrar by the Competent A thority !itho t *irst veri*ying a thenticity o* the applicants= re> est and giving the concerned promoter a reasonable opport nity o* being heard.8

6. Amendment of Section -- of Mah% *+, of -./0

(ection "" o* the principal Act shall be ren mbered as s b a*ter s b3section (") thereo* and a*ter s b3section (") as so ren mbered, the *ollo!ing s b3sections shall be inserted, namely 63

7(2) 5t shall be the d ty o* the promoter to *ile !ith the Competent A thority, !ithin the prescribed period, a copy o* the conveyance e)ec ted by him nder s b3section (").

(1) 5* the promoter *ails to e)ec te the conveyance in *avo r o* the co3operative society *ormed nder (ection "0 or, as the case may be, the company or the association o* apartment o!ners, as provided by s b3section ("), !ithin the prescribed period, the members o* s ch co3operative society or, as the case may be, the company or the association o* apartment o!ners may, ma<e an application, in !riting, to the concerned Competent A thority accompanied by the tr e copies o* the registered agreements *or sale, e)ec ted !ith the promoter by each individ al member o* the society or the company or the association, !ho have p rchased the *lats and all other relevant doc ments (incl ding the occ pation certi*icate, i* any), *or iss ing

a certi*icate that s ch society, or as the case may be, company or association, is entitled to have an nilateral deemed conveyance, e)ec ted in their *avo r and to have it registered.

(;) /he Competent A thority , on receiving s ch application, !ithin reasonable time and in any case not later than si) months, a*ter ma<ing s ch en> iry as deemed necessary and a*ter veri*ying the a thenticity o* the doc ments s bmitted and a*ter giving the promoter a reasonable opport nity o* being heard, on being satis*ied that it is a *it case *or iss ing s ch certi*icate, shall iss e a certi*icate to the ( b3'egistrar or any other appropriate 'egistration ,**icer nder the 'egistration Act, "00?, certi*ying that it is a *it case *or en*orcing nilateral e)ec tion o* conveyance deed conveying the right, title and interest o* the promoter in the land and b ilding in *avo r o* the applicant, as deemed conveyance.

(5) ,n s bmission by s ch society or as the case may be, the company or the association o* apartment o!ners, to the ( b3'egistrar or the concerned appropriate 'egistration ,**icer appointed nder the 'egistration Act, "00?, the certi*icate iss ed by the Competent A thority along !ith the nilateral instr ment o* conveyance, the ( b3'egistrar or the concerned appropriate 'egistration ,**icer shall, not!ithstanding anything contained in the 'egistration Act, "00?, iss e s mmons to the promoter to sho! ca se !hy s ch nilateral instr ment sho ld not be registered as =deemed conveyance= and a*ter giving the promoter and the applicants a reasonable opport nity o* being heard, may, on being satis*ied that it !as *it case *or nilateral conveyance, register that instr ment as =deemed conveyance=.9

#. Amendment of Section -0 of Mah% *+, of -./0 5n (ection "1 o* the principal Act3

(a) in s b3section (1), *or the portion beginning !ith the !ords 7!ith an imprisonment9 and ending !ith the !ords 9or !ith both8, the *ollo!ing shall be s bstit ted, namely63

7!ith imprisonment *or a term !hich shall not be less than si) months b t !hich may e)tend to one year or !ith *ine !hich shall not be less than ten tho sand r pees b t !hich may e)tend to *i*ty tho sand r pees or !ith both.9.

(%) a*ter s b3section (1), the *ollo!ing s b3sections shall be added. namely63

9(;) $hen any promoter is convicted o* any o**ence nder this Act, e)cept o**ence nder section "2A, s ch promoter shall be dis> ali*ied *rom nderta<ing constr ction o* *lats *or a period o* *ive years *rom the date o* s ch conviction. %o!ever, s ch dis> ali*ication shall not a**ect the permission *or constr ction o* *lats already granted be*ore inc rring s ch dis> ali*ication and shall also not debar the promoter *rom see<ing or being granted any additional re> isite permissions !hich may be re> ired *rom the concerned local a thorities *or completion o* constr ctions already nderta<en by him.

(5) /he Competent A thority shall, on s ch conviction o* a promoter nder this Act. s b@ect to the orders o* the appellate co rt, i* any, or a*ter the =e)piry o* the appeal period, *or!ard the name o* the convicted promoter to the local a thorities nder his @ risdiction, !ith a direction that s ch promoter shall not be granted permission nder the relevant la! *or nderta<ing any constr ction o* *lats d ring the period o* s ch dis> ali*ication, speci*ically mentioning s ch period.

(6) ,n receiving s ch intimation *rom the Competent A thority, not!ithstanding anything contained in any other la! *or the time being in *orce, the concerned local a thority shall not grant s ch promoter any permission or licence nder the relevant la! *or constr ction o* *lats *or a period *or !hich the promoter is so dis> ali*ied.92

(c) in the marginal note, a*ter the !ord 7promoter9 the !ords 7and conse> ences on conviction9 shall be inserted.

?. 1nsertion of Sections -05, -0C, -06 and -07 in Mah% *+, of -./0% A*ter (ection "1A o* the principal Act, the *ollo!ing sections shall be inserted namely63

"1A. Competent Authorit3 to 8e pu8lic ser4ant /he Competent A thority shall be deemed to be a p blic servant !ithin the meaning o* (ection 2" o* the 5ndian .enal Code.

"1C. Proceedings 8efore Competent Authorit3 to 8e 9udicial proceedings

All proceedings be*ore a Competent A thority shall be deemed to be the @ dicial proceedings *or the p rposes o* sections "01 and 22? o* the 5ndian .enal Code.

"1D. Competent Authorit3 deemed to 8e the Ci4il Court for certain purposes

&very competent a thority shall be deemed to be a Civil Co rt *or the p rposes o* sections 1;5 and 1;# o* the Code o* Criminal .roced re, "0#1.

"1&. 1ndemnit3 for acts done in good faith

Bo s it, prosec tion or any other legal proceedings shall lie against any Competent A thority in respect o* acts anything !hich is in good *aith done or p rported to be done by him nder this Act.8