THE MAHARASHTRA OWNERSHIP FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION, SALE, MANAGEMENT AND TRANSFER) RULES, 1964

Amended by Notification No. FOB. 2008/CR. 170/RR-II, dated 27th September 2010

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 that 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 :-
1.
Short title. – These rules may be called the Maharashtra Ownership Flats (Regulation of the Promotion of Construction etc.) Rules, 1964.
2.
Definitions.- In these rules, unless the context otherwise requires:-
(a)
“Act” means the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (Mah. XLV of 1963);
1[a-i] Form means a form appended to these rules’]
1[(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)
“section” means a section of the Act;
2[(c) words and expressions used but not defined in these Rules shall have the same meanings as assigned to them in the Act.]
3.
Manner of making disclosure.- (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 3[one or more flats 4**”]. 5[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 documents of matter 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.
6[“(3) 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].
4.
True copies of certain documents to be given.-A promoter shall, on demand and payment of a reasonable charge therefor, give to any person intending to take or taking 7[one or more flats 8**] true copies of the following documents, namely:
(a)
all documents of title relating to the land on which the 9[flats] are constructed, or are to be constructed, which are in the promoter’s possession or power;