L. A. BILL No. CVIII OF 2025.
A BILL
further to amend the Maharashtra Ownership Flats (Regulation of the
promotion of construction, sale, management and transfer) Act, 1963.
WHEREAS it is expedient further to amend the Maharashtra Ownership
Flats (Regulation of the promotion of construction, sale, management and
transfer) Act, 1963, for the purposes hereinafter appearing; it is hereby enacted
in the Seventy-sixth Year of the Republic of India as follows :-
1. This Act may be called the Maharashtra Ownership Flats (Regulation
of the promotion of construction, sale, management and transfer) (Amendment
and Validation) Act, 2025.
2. After section 1 of the Maharashtra Ownership Flats (Regulation of the
promotion of construction, sale, management and transfer) Act, 1963 (hereinafter
referred to as “the principal Act”), the following section shall be inserted and
shall be deemed to have been inserted with effect from the 1st May 2016,
namely :-
Short
title.
Mah. XLV
of 1963.
Insertion
of new
section 1A
in Mah.
XLV of
1963.
Mah. XLV
of 1963.
RNI No. MAHENG /2009/35528
महाारााष्ट्रट शाासन रााजपत्र
असाधाारण भााग आठ
वर्षष ११, अंक ४४ ]
शुक्रवार, डि’सेंबर १२, २०२५/अग्रहाायण २१, शकेे १९४७
[ पृष्ठे 5, किं�ंमत : रुपये २७.००
असाधाारण क्रमांं�क १०८
प्रााधि�कृृत प्रकााशन
महाारााष्ट्र वि�धाानमंडळााचेे अधि�नि�यम व रााज्यपालांं�नी प्रख्यापि�त केलेले अध्यादेेश व केलेले
वि�नि�यम आणि� वि�धि� व न्याय वि�भाागाकडून आलेली वि�धेेयके (इंंग्रजी अनुवाद).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Ownership Flats (Regulation of the promotion of construction, sale,
management and transfer) (Amendment and Validation) Bill, 2025 (L A. Bill No. CVIII of 2025),
introduced in the Maharashtra Legislative Assembly on the 12th December 2025, is hereby published
under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary (Legislation) to Government,
Law and Judiciary Department.
)१(
एचबीी २५०१–१
.भााग आठ–१०८-१
2
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १२, २०२५/अग्रहायण २१, शके १
“1A. This Act shall not apply to the real estate projects to which the
Real Estate (Regulation and Development) Act, 2016 is applicable, except
sections 5A, 11A, 13B, 13C, 13D and other provisions relating to the
Competent Authority. ’’.
3. In section 5A of the principal Act, for the word and figures “and 11”
the figures, word and letter “, 11 and 11A” shall be substituted and shall be
deemed to have been substituted with effect from the 1st May 2016.
4. After section 11 of the principal Act, the following section shall be
inserted and shall be deemed to have been inserted with effect from the 1st
May 2016, namely :-
“11A.(1) Where the promoter of a real estate project which is
registered under the Real Estate (Regulation and Development) Act, 2016
fails to execute a registered conveyance deed in favour of the allottee or
the association of allottees under section 17 thereof and sub-rules (2) and
(3) of rule 9 of the Maharashtra Real Estate (Regulation and Development)
(Registration of real estate projects, Registration of real estate agents,
rates of interest and disclosure on website) Rules, 2017, then, the allottee
or the association of allottees shall be entitled to have a unilateral deemed
conveyance executed in their favour similar to the conveyance as provided
under the said section 17 and to have it registered and for that purpose,
may apply alongwith relevant documents to the Competent Authority
as per the procedure specified in sub-section (3) of section 11 of this Act.
(2) The provisions of sub-sections (4) and (5) of section 11 and relevant
provisions of unilateral deemed conveyance under this Act shall mutatis
mutandis apply to such applications for grant of deemed conveyance.”.
5. Notwithstanding anything contained in any judgement, decree or order
of any court or authority to the contrary or anything done or purporting to have
been done or any action taken or purporting to have been taken or any
proceedings instituted under any provision of the principal Act, before the
commencement of the Maharashtra Ownership Flats (Regulation of the
promotion of construction, sale, management and transfer) (Amendment and
Validation) Act, 2025, including any notification, order, notice or circular issued
or rules made or deemed conveyance executed and registered, decisions taken,
any proceedings instituted or orders passed or directions issued by the
Competent Authority or the concerned Registration Officer as per the provisions
of the principal Act, shall be deemed to be and shall be deemed always to have
been duly and validly issued, made, executed, registered, taken, done or
instituted, in accordance with the law as if the provisions of the principal Act,
as amended by this Act, had been continuously in force at all material times
and accordingly, no suit, prosecution or other legal proceedings shall lie in any
court or before any tribunal or other authority on the ground that, the provisions
of the said principal Act prior to such commencement did not provide for
unilateral deemed conveyance in respect of real estate projects registered under
the Real Estate (Regulation and Development) Act, 2016.
Application of
Act.
16 of
2016.
Amendment
of section 5A
of Mah. XLV
of 1963.
Insertion of
new section
11A in Mah.
XLV of 1963.
Deemed
conveyance.
16 of
2016.
Validation
and
savings.
Mah. ....
of 2025.
16 of
2016.
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १२, २०२५/अग्रहायण २१, शके १
3
6. (1) If any difficulty arises in giving effect to the provisions of the
principal Act, as amended by this Act, the State Government may, as occasion
arises, by an order published in the Official Gazette, do anything, not inconsistent
with the provisions of the principal Act, which appears to it to be necessary or
expedient for the purpose of removin g the difficulty :
Provided that, no such order shall be made after expiry of the period of
two years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
Power to
remove
difficulties.
4
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १२, २०२५/अग्रहायण २१, शके १
STATEMENT OF OBJECTS AND REASONS
Section 11(1) of the Maharashtra Ownership Flats (Regulation of the
promotion of construction, sale, management and transfer) Act, 1963 (Mah.
XLV of 1963) (hereinafter referred to as “the MOFA Act”) casts duty on the
promoter to take all necessary steps to complete his title and convey to the
co-operative society, company or association of persons who take flats, his right,
title and interest in the land and building and execute all relevant documents
therefor within period agreed upon or within prescribed period of four months
from the date on which co-operative society or the company is registered or the
association of flat takers is duly constituted.
If the promoter fails to execute such conveyance, then members of such
co-operative society, company or association of apartment owners are entitled
to have a unilateral deemed conveyance executed in their favour and have it
registered by making application to the Competent Authority alongwith relevant
documents under sub-section (3) of the said section 11.
2. Section 17 of the Real Estate (Regulation and Development) Act, 2016
(16 of 2016) (hereinafter referred to as “the RERA Act”) also provides that a
promoter shall execute a registered conveyance deed in favour of allottees and
association of allottees within specified period as per sanctioned plans as
provided under the local laws or in the absence of any local law, within three
months from the date of issue of occupancy certificate. Sub-rule (4) of rule 9 of
the Maharashtra Real Estate (Regulation and Development) (Registration of
real estate projects, Registration of real estate agents, rates of interest and
disclosure on website) Rules, 2017 provides that co-operative society, company
or association of allottees shall also be entitled to have a unilateral deemed
conveyance executed in its favour as per the provisions of the MOFA Act.
3. Section 88 of the RERA Act makes it clear that the provisions of the
RERA Act are in addition to and not in derogation of any other law for the time
being in force. In view of the above referred provisions contained in the MOFA
Act, the RERA Act and the rules made thereunder, the Competent Authorities
are issuing unilateral deemed conveyance in favour of co-operative societies,
companies or associations of flat or apartment owners as per the existing local
law in force. The provisions of unilateral deemed conveyance are for the social
welfare of public at large. Several societies still exists in the State where the
promoter has not executed conveyance in their favour inspite of existing
privisions in this regard. The societies or associations needs conveyance of land
or building for re-development.
4. Therefore, in order to bring clarity in applicability of the MOFA Act
to real estate projects and to make express provision for unilateral deemed
conveyance in respect of the projects registered under the RERA Act, the
Government considers it expedient to amend the MOFA Act, suitably. It is also
proposed to provide for necessary validating provisions for validating any
notification, order, notice or circular issued or rules made or deemed conveyance
executed and registered or any proceedings instituted therefor.
5. The Bill seeks to achieve the above objectives.
Nagpur,
EKNATH SHINDE,
Dated the 11th December, 2025.
Deputy Chief Minister (Housing).
महाराष्ट्रõ शासन रा
असाधारण भाग आठ, डिसेंबर १२, २०२५/अग्रहायण २१, शके १
5
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves following proposal for delegation of legislative power,
namely :—
Clause 6.—Under this clause, power is taken to the State Government
to issue an order in the Official Gazette, for removing any difficulty which
may arise in giving effect to the provisions of this Act.
2. The above-mentioned proposal for delegation of legislative power is of
normal charater.
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.STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE