HOUSING DEPARTMENT

Part 2

HOUSING DEPARTMENT

MANTRALAYA, MUMBAI 400 032, DATED THE 27^TH SEPTEMBER, 2010

NOTIFICATION

No. FOB. 2008/CR. 170/ RR-II. – In exercise of the powers conferred by sub-sections (1) and (2) of section 15 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, sale, Management and Transfer) Act, 1963, the Government of Maharashtra hereby makes the following rules further to amend the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules. 1964, the same having been previously published as required by sub-section (1) of the said section 15, as follows:

1. These rules may be called the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment) Rules, 2010.

2.      In rule 2 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964 (hereinafter referred to as “the principal Rules”), -

(a)    after clause (a-i), the following clause shall be inserted, namely:  

“(a-ii) “Apartment Ownership Act” means the Maharashtra Apartment Ownership Act, 1970 (Mah. XV of 1971);

(a-iii) “Apartment- takers” means a person, who has purchased the apartment in a property, which has been submitted under the provisions of the Apartment ownership Act, by executing and registering a Declaration as provided by that Act;”;

(b) after clause (b), the following clause shall be added, namely:

“(c) words and expressions used but not defined in these Rules shall have the same meanings as assigned to them in the Act.”.

3.      In rule 9 of the principal Rules, the following paragraph shall be added at the end, namely:-

“The promoter shall file with the Competent Authority a copy of the conveyance executed by him under sub-section (1) of section 11 within a period of two months from the date of its execution.”.

4. After rule 10 of the principal Rules, the following rules shall be added,                                                                                                                                                                   namely:-

“11. Applications under sections 10 and 11.- (1) (a) every application under the provisions to sub-section (1) of section 10 or sub-section (3) of section 11 may be presented in person by the applicant or by their duly appointed Authorised Representative, to the Competent Authority during its office hours or may be sent to the Competent Authority by registered post.

(b)   Where an application is signed and presented by an Authorised Representative, it shall be accompanied by a letter of authority appointing him as such and duly signed by the applicant and accepted by the Authorised Representative.

(c)    Every application shall be made in accordance with the provisions of the Act, the rules and notifications and shall be affixed with such court see stamps, as may be prescribed and pay the necessary enquiry fees.

(2) Notice of date of hearing – The Competent Authority shall issue necessary notice to all the parties regarding the date fixed for hearing the application and publish or display the date fixed for the hearing thereof on the office notice board sufficiently in advance.

(3) Pace of hearing – All applications filed under the proviso to sub-section (1) of section 10 or sub-section (3) of section 11 shall ordinarily be heard at the respective office of the Competent Authority.

(4) Office hours – The office of the Competent Authority shall observe the same office hours as other offices of the Government of Maharashtra observes. It shall remain closed on Sundays and on such other days as may be declared to be holidays for the offices of the State Government

12. Form of Applications under sections 10 and 11.- Application under the proviso to sub-section (1) of section 10 shall-be in Form VI. Application under subsection (3) of section 11 shall be in Form VII.