NOTES TO THE MAHARASHTRA OWNERSHIP FLATS

NOTES TO THE MAHARASHTRA OWNERSHIP FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION, SALE, MANAGEMENT AND TRANSFER) (AMENDMENT) RULES, 2010

MRS. MUNIRA TINWALA – SOLICTOR AND MR. SUNIL K. RAMANI ADVOCATE

            The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) (Amendment), Rules, 2010, have been made (in exercise of the powers under Section 15(1) & 15(2) of the Maharashtra ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 193 {“MOF Act”}), to further amend the Maharashtra ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Rules, 1964 {“principal MOF Rules”}.

MAIN CHANGES

            1. The principal MOF Rules shall also apply to property which has been submitted to the provisions of the Maharashtra Apartment Ownership Act, 1970. [Definitions have been widened]

            2. New Rules 11, 12 & 13 have been added after Rule 10 of the principal MOF Rules and Forms VI, VII, VIII, IX & X have been added after From V of the principal MOF Rules.

            3. The prescribed period (referred to in Section 11(2) of the MOF Act) within which the promoter is required to file with the Competent Authority, a copy of the conveyance executed by him under Section 11(1), is “two months from the date of its execution. [Additional sentence added to Rule 9 of the principal MOF Rules]

            4. Applications u/ Proviso to S. 10(1) and u/S.11 of the MOF Act [Rules 11&12]:

      Every application u/Proviso to Section 10(1) shall be in Form VI and every application u/Section 11(3)  shall be in Form VII and shall be affixed with the prescribed court fee stamps and together with payment of necessary enquiry fees.

      Notice of the date of hearing shall be issued by the Competent Authority to all parties and such date shall be published or displayed on the office notice board sufficiently in advance.

      Place of hearing all such application shall ordinarily be the respective offices of the Competent Authority.

      Office hours and holidays observed by the office of the Competent Authority shall be the same as the office hours and holidays observed by other offices of the Government of Maharashtra.

5. Scrutiny of applications and notice to the parties, etc. [Rule 13(1)(a), (b),(c)]:

      Each application shall be examined by the Competent Authority.

      If the Competent Authority is satisfied that the person presenting it has the authority to do so and that it conforms to all the provisions of the MOF Act and Rules, it shall cause the application to be registered, as admitted in the appropriate register maintained under the MOF Rules.

      If the application is not complete, the Competent Authority may send notice in the From VIII to the applicant/s to rectify the defect or comply with the requirements, within a period of 15 days of the receipt of the notice (subject to further extension of not more than 15 days time, for sufficient cause). If the defect is rectified, the Competent Authority shall cause the application to be registered, as admitted in the appropriate register.

6. Maintenance of registers and procedure for issuing notice:[Rule 13(2)]:

      The Competent Authority shall maintain the Register of Application received by it in Form IX.

      On admitting the application, the Competent Authority shall, within 15 days thereof, issue a notice in Form X, to the opponent/s requiring him/ them to file the written statement on/at the specified date and place. Such notice shall be served by Regd. A.D. or under certificate of posting on the last known address.

7. Appearance of parties and consequence of non appearance [Rule 13 (3)(a),(b),(c),(d)]:

           

      On the specified date, the opponent shall appear (either in person on through his Advocate/ Authorised Representative) and shall file a written statement before the Competent Authority.

      On the date of hearing, if the applicant appears and the Application ex-parte. However, if before the Application is decided, the opponent appears and shows sufficient cause for his non-appearance on the earlier occasion/s, he shall be heard in the matter as if he had appeared before the Competent Authority on the first day.

      If on the date fixed for hearing (or any other adjourned date), when the Application is called for hearing,

¯     If the applicant does not appear (either in person or through his Advocate/ Authorised Representative), the Competent Authority may dismiss the Application.

¯     If the opponent does not appear (either in person or through his Advocate/ Authorities Representative), the Competent Authority may decide the same on merits after hearing the Applicant or his Authorised Representative, if present.

To be Continue…..