In exercise of the
powers conferred by clauses (a) to (e ) of sub-section (2) of section 15 of the
Maharashtra Ownership Flats (Regulation of the promotion of construction, sale,
management and transfer) Act, 1963) (Mah. XLV, of 1963 and of all other powers
enabling it in this behalf, the Government of Maharashtra hereby makes the
following rules, the same having been previously published as required by
sub-section (1) of the said section 15, namely: These rules may be called the Maharashtra
Ownership Flats (Regulation of the promotion of construction, etc.) Rules,
1964. In these rules unless the context otherwise
requires,- (a)
"Act"
means the Maharashtra Ownership Flats (Regulation of the .competion of
construction, sale, management and transfer) Act, 1963 (Mah. XLV of 1963); [1][(a-i)
"Form" means a form appended to these rules.] (b)
"section"
means a section of the Act. (1)
A
promoter for the purposes of making disclosure of any document referred to in
section 3 or prescribed thereunder shall produce the original of such document
before the person intending to take or taking [2][one
or more flats [3](*
* *)] [4][The
promoter shall display or keep all the documents, plans or specifications
(or copies thereof) referred to In clauses (a),(b) and (c) of sub-section (2)
of the said section 3 at the site and permit inspection thereof.] Such person may ask the promoter all relevant
questions for seeking further information or clarification in respect of any
document or matter required to be disclosed, produced or furnished by or under
the provisions of the Act and the promoter shall be legally bound to answer all
such questions to the best of his knowledge and belief. (2)
The
promoter while making disclosure of the outgoings as required by clause (j) of
sub-section (2) of section 3 shall state the basis on which any estimated
figures or other information is given. (3)
[5][The promoter shall,
when the flats are advertised for sale, disclose inter alia in the
advertisement the particulars as required by sub-clauses (i) to (iv) (both
inclusive) of clause (m) of sub-section (2) of section 3]. NOTES: Enforcement
of Development Agreement.- Obligation casts on owners of land of convey
not only constructed portion but also his interest in land beneath
construction.- ChhedaHsg. Development Corporation v. Bibyan Shaikh Farid
&Ors., 2007 (2) Bom. C.R. 587 : 2007 (3) All M.R. 780: 2007 (3) Man. L.J.
402 : 2007 (4) AIR Bom. 54. A promoter shall, on demand and payment of a
reasonable charge therefor, give to any person intending to take or taking one
or more flats true copies of the following documents, namely: (a)
all
documents of title relating to the land on which the flats are constructed, or
are to be constructed, which are in the promoter's possession or power; (b)
the
certificate by an Attorney-at-law or Advocate referred to in clause (a) of
sub-section (2) of section 3; (c)
all
documents relating to encumbrances (if any) on such land, including any right,
title, interest or claim, of any party in or over such land; (d)
the
plans and specifications of the building built or to be built on the land
referred to in clause (c) of sub-section (2) of section 3; (e)
a
list of fixtures, fittings and amenities (including the provision for one or
more lifts) provided or to be provided for the flat; [6][*
* *] (f)
a
list referred to in clause (g) of sub-section (2) of section 3; (g)
a
list of all outgoings referred to in clause (j) of sub-section (2) of section 3
and the basis on which any estimated figures or other information is given to
the person intending to take or taking the flat. The promoter shall before accepting any
advance payment or deposit, enter into an agreement with the flat-purchaser in
Form V containing the particulars specified in clause (a) of sub-section (1A)
of section 4 and shall attach thereto the copies of the documents specified in
clause (b) of the said sub-section (1A)].[7] [8][* * *] Where a dispute is to be referred for
decision under sub-section (2) of section 7, (a)
if
the dispute is in respect of a single flat, or if the reference is to be made
by a single flat-purchaser, the fees payable shall be Rs. 100; (b)
if
the dispute is in respect of more than one but less than ten flats or a common
reference is to be made by more than one but less than ten flat-purchasers, the
fee payable shall be Rs. 100 per flat; (c)
if
the dispute Is in respect of more than ten but less than twenty-five flats or a
common reference is to be made by more than ten but less than twenty five flat-
purchasers, the fee payable shall be Rs. 1,000 in lump sum; (d)
if
the dispute is in respect of more than twenty-five flats or a common reference
is to be made by more than twenty-five flat-purchasers, the fee payable shall
be Rs. 2,000 in lump sum. Where a co-operative society or a company of
person taking the flats is to be constituted, the promoter shall submit an
application to the Registrar for registration of the co-operative society or
the company, as the case may be, within four months from the date on which the
minimum number of persons required to form such organisation have taken flats. [9][Where the apartment
takers propose to submit the apartments to the provisions of the Maharashtra
Apartment Ownership Act, 1970, by executing Declarations and Deeds of
Apartments as required by that Act, the promoter shall inform the Registrar as
defined in the Maharashtra Cooperative Societies Act, 1960, as soon as possible
after the date on which all the apartment-owners (being not less than five)
have executed such Declarations and Deeds of Apartment.][10] NOTES: Rights "arising from the
agreement signed under the MOFA between the promoter and the flat purchaser
cannot be diluted by any contract or an undertaking to the contrary. When the
plans are sanctioned by the Corporation it is obligatory on the part of the
promoter to follow Development Control Regulations and the agreement signed
under the MOFA between the developer and flat purchaser must be in confirmity
with the model form of agreement (Form V) prescribed by the State
Government.-NahalchandLaluchand Put. Ltd. v. Panchall Co-op. Hsg. Society Ltd.,
2008 (3) All M.R. 163 : 2008 (3) Bom. C.R. 727. If no period for conveying the title of the
promoter to the organisation of the flat-purchasers is agreed upon, the promoter
shall (subject to his right to dispose of the remaining flats, if any) execute
the conveyance within four months from the date on which the co-operative
society or the company is registered or, as the case may be, the association of
the flat-takers is duly constituted. [11][When a promoter has
submitted his property to the provisions of the Maharashtra Apartment Ownership
Act, 1970 by executing the registering a Declaration as required by
section 2 of the Act, and no period for conveying the title of the promoter in
respect of an apartment to each apartment-taker is agreed upon, the promoter
shall execute the conveyance or deed of apartment in favour of each
apartment-taker within four months from the date the apartment-taker has
entered in to possession of his apartment.] (1)
For
the purpose of making disclosure of all transactions in respect of the account
referred to in section 5 or for the purpose of making disclosure of information
and documents in the manner prescribed in these rules, a promoter shall produce
before the officer, appointed under the said section, the following documents
in relation to such account within such time as that officer may fix in that
behalf, namely: 1.
The
Cash Book. 2.
The
General Ledger. 3.
The
Personal Ledger. 4.
The
Nominal Accounts. 5.
The
Receipts of Advances and Deposits. 6.
The
Vouchers of Expenditure. 7.
Bank
Pass Book. 8.
The
Register of Flat Purchasers. 9.
The
Register of Flats. 10.
The
Statement indicating Receipts and Disbursement (General). 11.
The
Statement indicating Receipts and Disbursement of Individual Accounts. (2)
The
Register of Flat Purchasers and the Register of Flats shall be in Forms I and
II, respectively and the statement at serial numbers 10 and 11 in sub-rule (1)
shall be in Form III and Form IV, respectively. The other documents referred to
in sub-rule (1} may be maintained according to the trade practice. ][12] [1]
Inserted by G. N. of 23.2.1968. [2]
Substituted by G. N. of 6.7.1972. [3]
Omitted by G.N. of 23.5.1974. [4]
Inserted by G. N. of 10.4.1987. [5]
Inserted. G. N. dated 10.4.1987, by G. N. of 10.4.1987. s. 2(11). [6]
Omitted by G.N. of 23.5.1974. [7]
Substituted, ibid. [8]
Rule 6 was Omitted, ibid. [9]
Inserted by G.N. of 6.7.1972. [10]
Substituted by G. N. of 17.8.1979. [11]
Inserted by G. N. of 23.2.1968. [12]
Inserted by G. N. of 23.2.1968.MAHARASHTRA OWNERSHIP FLATS
(REGULATION OF THE PROMOTION OF CONSTRUCTION, ETC.) RULES, 1984
PREAMBLE
Rule – 6.