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(B) Laws Specific to the State of Maharashtra
The Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management
and Transfer) Act, 1963
The Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and
Transfer) Act, 1963 ("MOFA") applies throughout the State of Maharashtra. The provisions of MOFA apply to
promoters/ developers who intend to construct a block or building of flats on ownership basis. MOFA
prescribes general liabilities of promoters and developers. Under the rules framed under the MOFA, a model
form of agreement to be entered into between promoters / developers and purchasers of flats has been
prescribed. Under MOFA , the promoter / developer is required to enter into a written agreement for sale of flat
with each purchaser and the agreement contains prescribed particulars with relevant copies of documents and
these agreements are compulsorily required to be registered.
Pursuant to an amendment dated May 12, 2008 to MOFA, the flats are eligible to be sold on the basis of carpet
area only. The said carpet area includes the area of balcony of such flat. However, the promoters are allowed to
separately charge for the common areas and facilities in proportion to the carpet area of the flat.
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 ("MSA Act") provides
for and governs the making of better provisions for improvement and clearance of slum areas in the State, their
redevelopment and protection of occupiers from eviction and distress warrants.
Maharashtra Rent Control Act, 1999
The Maharashtra Rent Control Act, 1999 ("MRC Act") has been enacted to unify, consolidate and amend the
law relating to control of rent and repairs of certain premises and eviction of defaulting tenants or licensees.
The MRC Act seeks to control the amount charged as rent, lay down the rights and obligations of landlords and
tenants, and list out the reasons for which a landlord can ask a tenant to leave, i.e. the grounds of eviction.
Maharashtra Tax on Buildings (with Larger Residential Premises) Act, 1979
The object of the Maharashtra Tax on Buildings (with Larger Residential Premises) Act, 1979 is to levy a tax on
buildings in corporation areas in the State of Maharashtra, so that there is a check on extravagant use of
available living space, particularly residential accommodation.
This tax is a source of revenue for the State
Government.
The Bombay Stamp Act, 1958
As stated above, the applicable rates for stamp duty on various instruments, including those relating to
conveyance, are prescribed by State legislation. The stamp duty rates as applicable in Maharashtra have been
prescribed by the Bombay Stamp Act, 1958 ("BSA"). The BSA levies stamp duty at the rate provided in
Schedule I on any instrument executed in the State. In case an instrument is so drafted that it is covered within
the ambit of more than one article under Schedule I, then it shall be taxed by that article which levies the highest
amount of stamp duty. The Company’s business operations involve payment of the applicable stamp duty on
development agreements, power-of-attorney, agreement with flat owners and such other transactional
documents that may be required in the course of business activities.
The Maharashtra Value Added Tax Act, 2002
The Maharashtra Value Added Tax Act, 2002 prescribes certain requirements in relation to the payment of
value added tax in Maharashtra.
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The Maharashtra Cooperative Societies Act, 1960
In Maharashtra the co-operatives are governed by the Maharashtra Co-operative Societies Act 1960 and
supported by Maharashtra Co-operative Societies Rules, 1961. The legal system in the co-operatives registered
in Maharashtra State is elaborate. Moreover each co-operative should have its own Bye-Laws which are the
guiding principles of the co-operative. These Bye-laws have to be approved through a resolution of the Society.
The only condition on the bye-laws is that they should not be contrary to the Maharashtra Co-operative
Societies Act, and have to be approved by the Registrar.
Mumbai Municipal Corporation Act, 1888
The Bombay Municipal Corporation Act, 1888 has been enacted to regulate the civic infrastructure, municipal
administration of the city of Bombay (now Mumbai) and to secure the due administration of municipal funds.
The Maharashtra Housing and Area Development Act, 1976
The Maharashtra Housing and Area Development Act, 1976 (“MHADA Act”) has been instrumental in the
formation of MHADA- Maharashtra Housing & Area Development Authority. The MHADA Act 1976
primarily was the result of the housing issues that had began to resurface in an urban situation as in Mumbai
that was quintessentially gripped with migration, commercial activities and scant housing resources.
The Maharashtra Apartment Ownership Act, 1970
The Maharashtra Apartment Ownership Act, 1970 has been enacted to provide for ownership of an individual
apartment in a building and to make such apartment heritable and transferable property.
The Building and other Construction Workers (Regulation of Employment and Conditions of Service)
Act, 1996 (“BOCWA”)
The Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act,
1996 has been enacted to regulate the employment and conditions of service of building and other construction
workers and to provide for their safety, health and welfare measures and for other matters connected therewith
or incidental thereto.
Slum Rehabilitation Scheme of the Government of Maharashtra
The Government of Maharashtra ("GoM") launched the Slum Rehabilitation Scheme in 1995 ("Scheme") by
introducing amendments to the Development Control Regulations for Greater Bombay, 1991 ("DCR"). The
Scheme was made effective from December 25, 1995. The provisions of the Scheme are contained in
Regulation 33(10) and Appendix IV of the DCR. Under the Maharashtra Regional and Town Planning Act,
1966 ("MRTPA") the SRA, appointed under section 3A of the Maharashtra Slum Areas (Improvement and
Redevelopment) Act, 1971, serves as a planning authority for all slum areas in Greater Mumbai except those
located in the Maharashtra Industrial Development Corporation ("MIDC") area and to facilitate the slum
rehabilitation scheme. The powers, duties and functions of the SRA are to survey and formulate schemes of
rehabilitation of slum areas and to ensure their implementation.
Slum Protection Programme
The Government of Maharashtra has formulated the housing policy for the State of Maharashtra with the
objective of providing affordable houses for poor on rental basis. Under the said Slum Protection Programme,
the Government of Maharashtra appointed MMRDA as a project implementing agency to implement the
projects with the objective of increasing the housing stock by constructing or procuring maximum rental
housing units in Mumbai Metropolitan Region, and to make available housing units of 160 sq. ft. carpet area at
a reasonable rent.
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