RNI No. MAHENG /2009/ 35528
सत्यमेवजयते
महाराष्ट्र शासन राजपत्र
असाधारण भाग आठ
मंगळवार , सप्टेंबर १५, २०२०/ भाद्र २४ , शके १९ ४२
वर्ष ६ , अंक ३३ ( २ )]
[पृष्ठे २ , किंमत: रुपये २७.००
असाधारण क्रमांक ७१
प्राधिकृत प्रकाशन
महाराष्ट्र विधानमंडळाचे अधिनियम व राज्यपालांनी प्रख्यापित केलेले अध्यादेश व केलेले विनियम आणि विधि व न्याय विभागाकडून आलेली विधेयके (इंग्रजी अनुवाद) .
In pursuance of clause ( 3 ) of article 348 of the Constitution of India , the following translation in English of the Maharashtra Apartment Ownership (Amendment ) Act , 2020 ( Maharashtra Act No. XXI of 2020 ) , is hereby published under the authority of the Governor .
By order and in the name of the Governor of Maharashtra,
RAJENDRA G. BHAGWAT , Secretary ( Legislation) to Government , Law and Judiciary Department .
MAHARASHTRA ACT No. XXI OF 2020 .
(First published , after having received the assent of the Governor in the "Maharashtra Government Gazette ", on the 15th September 2020) .
An Act further to amend the Maharashtra Apartment Ownership Act , 1970.
Mah . WHEREAS it is expedient further to amend the Maharashtra Apartment XV of Ownership Act , 1970 , for the purposes hereinafter appearing ; it is hereby 1971. enacted in the Seventy- first Year of the Republic of India as follows :-
1. This Act may be called the Maharashtra Apartment Ownership Short title . (Amendment ) Act , 2020 .
Mah . 2. In section 3 of the Maharashtra Apartment Ownership Act , 1970 Amendment XV of (hereinafter referred to as " the principal Act " ) ,
1971 .
( a ) after clause ( i ) , the following clause shall be added , namely : -
of section 3 of Mah . XV of 1971 .
" ( i - 1 ) " Co - operative Court " means the Co - operative Court constituted under Maharashtra Co - operative Societies Act , 1960; " ;
Mah . XXIV of 1961.
(b ) after clause ( r) , the following clause shall be inserted , namely : -
Mah. XXIV of 1961.
" ( s ) "Registrar " means a person appointed to be the Registrar of Co- operative Societies under the provisions of the Maharashtra Co - operative Societies Act , 1960 ;" .
भाग आठ- ७१-१
(१) २
महाराष्ट्र शासन राजपत्र असाधारण भाग आठ, सप्टेंबर १५ , २०२०/ भाद्र २४ , शके १ ९४२
3. After section 12 of the principal Act , the following section shall be inserted , namely : -
Insertion of new section 12A in Mah . XV of 1971 .
" 12A . The apartment owners may by resolution passed by majority in special meeting of the Association of Apartment Owners , change or amend the contents of the Declaration or Deed of Apartments . " .
Amendment in contents of Declaration or Deed of Apartments .
4. After section 16 of the principal Act , the following sections shall be inserted , namely : -
Insertion of new sections 16A and 16B in Mah . XV of 1971 .
Filing of complaint withthe Authority.
" 16A . Any aggrieved apartment owner , Association of Apartment Owners , may file a complaint with the Registrar , for any violation or contravention of the provisions of this Act or the rules made thereunder against any apartment owner or the sole owner or all the owners of the property . Every such complaint as far as possible , be disposed of by the Registrar within a period of thirty days from the date of its receipt :
Provided that , where such complaint is not so disposed of within the said period of thirty days , the Registrar shall record the reasons for the delay.
Appeal to Co-operative Court.
16B . ( 1 ) Any person aggrieved by any direction or order or decision of the Registrar , Co - operative Societies may prefer an appeal to the Co- operative Court ( hereinafter in this section referred to as " the appellate authority" ) .
Explanation . For the purpose of this section , " person " means apartment owner , Association of Apartment Owners , sole owner , or all the owners of the property.
(2) Every appeal under sub - section ( 1) shall be preferred within a period of sixty days from the date on which a copy of the direction , order or decision made by the Registrar is received by the aggrieved person :
Provided that , the appellate authority may entertain any appeal after the expiry of sixty days , if it is satisfied that there was sufficient cause for not filing it within that period .
(3) On receipt of an appeal under sub - section ( 1 ) , the appellate authority may , after giving the parties a reasonable opportunity of being heard , pass such orders thereon as it thinks fit .
(4) The appellate authority shall send a copy of every order made by it to the parties and to the Registrar .
(5) The appeal preferred under sub - section (1 ) shall be dealt with by the appellate authority as expeditiously as possible and endeavour shall be made by it to dispose of the appeal finally within ninety days from the date of receipt of appeal . " .
ON BEHALF OF GOVERNMENT PRINTING , STATIONERY AND PUBLICATION , PRINTED AND PUBLISHED BY DIRECTOR RUPENDRA DINESH MORE , PRINTED AT GOVERNMENT CENTRAL PRESS , 21 - A , NETAJI SUBHASH ROAD , CHARNI ROAD , MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING , STATIONERY AND PUBLICATIONS , 21 -A, NETAJI SUBHASH ROAD , CHARNI ROAD , MUMBAI 400 004 EDITOR : DIRECTOR RUPENDRA DINESH MORE .