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Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Section 7

Title: After Plans and Specifications Are Disclosed No Alterations or Additions Without Consent of Persons Who Have Agreed to Take the Flats; and Defects Noticed Within a Year to Be Rectified

State: Karnataka

Year: 1972

.....any additional structures, without the previous consent of all the persons who have agreed to take the flats. (2) Subject to the provisions of sub-section (1), the building shall be constructed and completed in accordance with the plans and specifications aforesaid. (3) If any defect in the building or material used, or if any unauthorised change in the construction is brought to the notice of the promoter within a period of one year from the date of handing over possession, it shall wherever possible, be rectified by the promoter without further charge to the persons who have agreed to take the flats, and in other cases such persons shall be entitled to receive reasonable compensation for such defect or change. (4) Where there is a dispute as regards any defect in the building or material used, or any unauthorised change in the construction or as to whether it is reasonably possible for the promoter to rectify any such defect or change or as regards the amount of reasonable compensation payable in respect of any such defect or change which cannot be, or is not, rectified by the promoter the matter shall, on payment of such fee as may be prescribed, be referred for decision.....

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Preamble 1

Title: Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972

State: Karnataka

Year: 1972

Preamble 1 - KARNATAKA OWNERSHIP FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION, SALE, MANAGEMENT AND TRANSFER) ACT, 1972 THE 1 [KARNATAKA] OWNERSHIP FLATS (REGULATION OF THE PROMOTION OF CONSTRUCTION, SALE, MANAGEMENT AND TRANSFER) ACT, 1972 [Act, No. 16 of 1973]1 [29th June, 1973] PREAMBLE An Act to regulate in the 1 [State of Karnataka]1 the promotion of the construction of, the sale and management and the transfer of flats on ownership basis. WHEREAS it is expedient to make provision for the regulation of the promotion of the construction, sale and management and transfer of flats taken on ownership basis in the 1 [State of Karnataka]; BE it enacted by the 1 [Karnataka] State Legislature in the Twenty-third Year of the Republic of India as follows:- _______________________________ 1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973.

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Section 12

Title: General Liabilities of a Person Who Takes a Flat

State: Karnataka

Year: 1972

(1) Every person who has executed an agreement to take a flat shall pay at the proper time and place, the price, the municipal taxes, water and electricity charges, ground rent (if any), and other public charges payable in respect of the flat taken by him and where a co-operative society or a company of persons taking the flats is to be constituted co-operate in the formation of such society or company as the case may be. (2) Any person who has executed an agreement to take a flat and who, without reasonable excuse fails to comply with or contravenes sub-section (1) shall, on conviction, be punished with fine which may extend to one thousand rupees.

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Complete Act

Title: Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972

State: Karnataka

Year: 1972

.....time or further time allowed Section 9 - No mortgage etc., to be created without consent of parties after execution of agreement for sale Section 10 - Promoter to take steps for formation of co-operative society or company Section 11 - Promoter to convey title, etc., and execute documents, according to agreement Section 12 - General liabilities of a person who takes a flat Section 13 - Manager not to cut off, with-hold, curtail or reduce essential supply or service Section 14 - Offences by promoter Section 15 - Offences by Companies Section 16 - Power to make rules Section 17 - Act to be in addition to Transfer of Property Act and to over-ride contract to the contrary Section 18 - Act not to apply to the State Government, Housing Board, etc

Maharashtra Ownership of Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 Complete Act

State: Maharashtra

Year: 1963

.....(5) Section 7 of the Bombay General Clauses Act, 1904, shall apply upon the expiry of this Act, as if it had then been repealed by a Maharashtra Act. SECTION 02: DEFINITION In this Act, unless the context otherwise requires - (a) ˜Flat" means a separate and self-contained set of premises used or intended to be used for residence, or office, show-room or shop or godown for carrying on any industry or business] (and includes a garage), the premises forming part of a building 2[and includes an apartment]. Explanation. - Notwithstanding that provisions is made for sanitary, washing, bathing or other conveniences as common to two or more sets of premises, the premises shall be deemed to be separate and self- contained; (b) "prescribed" means prescribed by rules made under this Act; (c) "promoter" means a person "ho constructs or causes to be constructed a block or building of flats; 3[or apartments] for the purpose of selling some or all of them to other persons, or to a company, co-operative society or other association of persons, and includes his assignees; and where the person who builds and the person who sells re different persons, the term includes both; (d).....

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Section 3

Title: General Liabilities of Promoter

State: Karnataka

Year: 1972

.....or demand, all agreements (and where there is no written agreement, the details of all agreements) entered into by him with the architects and contractors regarding the design, materials and construction of the building; (f) specify in writing the date by which possession of the flat is to be handed over; (g) prepare and maintain a list of flats with their numbers already taken or agreed to be taken and the names and addresses of the parties and the price charged or agreed to be charged therefor, and the terms and conditions if any on which the flats are taken or agreed to be taken; (h) state in writing, the precise nature of the organisation of persons to be constituted and to which title is to be passed, and the terms and conditions governing such organisation of persons who have taken or are to take the flats; (i) not allow persons to enter into possession until a completion certificate where such certificate is required to be given under any law, is duly given to the local authority; (j) make a full and true disclosure of all outgoings (including ground rent if any, municipal or other local taxes, taxes on income, water charges and electricity charges, revenue.....

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Section 2

Title: Definitions

State: Karnataka

Year: 1972

In this Act, unless the context otherwise requires,- (a) 'flat' means a separate and self-contained set of premises used or intended to be used for residence or office or show-room or shop or godown (and includes a garage), the premises forming part of a building; Explanation.- Notwithstanding that provision is made for sanitary, washing, bathing or other conveniences as common to two or more sets of premises, the premises shall be deemed to be separate and self-contained; (b) 'prescribed' means prescribed by rules made under this Act; (c) 'promote' means a person who constructs or causes to be constructed a block or building of flats or apartments for the purpose of selling some or all of them to other persons or to a company, co-operative society or other association of persons and includes his assignees; and where the person who builds and the person who sells are different persons, the term includes both; (d) 'Registrar' means the Registrar as defined in the Karnataka Co-operative Societies Act. 1959 or, as the case may be, in the Companies Act, 1956; (e) 'to construct a block or building of flats' includes to convert a building or part thereof into flats.

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Section 8

Title: Refund of Amount Paid with Interest for Failure to Give Possession Within Specified Time or Further Time Allowed

State: Karnataka

Year: 1972

If,- (a) the promoter fails to give possession in accordance with the terms of his agreement of a flat duly completed by the date specified, or any further date or dates agreed to by the parties; or (b) the promoter for reasons beyond his control and of his agents, is unable to give possession of the flat by the date specified, or the further agreed date and a period of three months thereafter, or a further period of three months if those reasons still exist, then, in any such case, the promoter shall be liable on demand (but without prejudice to any other remedies to which he may be liable) to refund the amounts already received by him in respect of the flat (with simple interest at nine per cent per annum from the date he received the sums till the date the amounts and interest thereon is refunded), and the amounts and the interest shall be a charge on the land and the construction, if any, thereon in which the flat is or was to be constructed to the extent of the amount due, but subject to any prior encumbrances.

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Section 10

Title: Promoter to Take Steps for Formation of Co-operative Society or Company

State: Karnataka

Year: 1972

(1) As soon as a minimum number of persons required to form a co-operative society or a company have taken flats, the promoter shall within the prescribed period submit an application to the Registrar for registration of the organisation of persons who take the flats as a co-operative society, or as the case may be, as a company; and the promoter shall join, in respect of the flats which have not been taken, in such application for membership of a co-operative society or as the case may be, of a company. (2) Nothing in sub-section (1) shall affect the right of the promoter to dispose of the remaining flats in accordance with the provisions of this Act.

Karnataka Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1972 Section 13

Title: Manager Not to Cut Off, With-hold, Curtail or Reduce Essential Supply or Service

State: Karnataka

Year: 1972

.....such application. No appeal shall lie from any order made on such application. (6) The District Court, may, for the purpose of satisfying itself that the order made on an application made under sub-section (2) was according to law, call for the case in which such order was made and pass such order with respect thereto as it thinks fit. (7) Any manager who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both. (8) An offence under sub-section (7) shall be a cognizable offence. Explanation I.--In this section, essential supply or service includes the supply of water, electricity lights in passages and on stair cases, lifts and conservancy or sanitary service. Explanation II.--For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the manager on account of which the essential supply or service is cut off by the local authority or any other competent authority.