Section 17 in The Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963
17. Application of certain provisions to flats already in existence.
- As respects flats which on the commencement of this Act have already been constructed, or converted, the provisions of sections 2, 6, 8, 9, 10, 11, 12, 13, 14, 15, and 16 apply with the following modifications, that is to say-(a)in section 2, in clause (c), the words "means a person who constructs" shall be read as if the words "means a person who has constructed" had been substituted;(b)in section 8, if the date specified or agreed to has already passed at the commencement of this Act, then the promoter shall give possession within three months from such commencement of this Act; and if for any reasons beyond his control and of his agent, the promoter has been unable to give possession of the flat within three months from such commencement, he shall give possession thereof within a period of three months thereafter, or a further period of three months if those reasons still exist; and thereafter the promoter shall be liable on demand to refund the amounts on the terms and conditions provided in the said section;(c)in section 9, the words and figure "after the agreement referred to in section 4 is registered" shall be read as if the words "after the commencement of this Act" had been substituted;(d)in section 10, the words "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'' shall be read as if the words "Where the minimum number of persons required to form a co-operative society or a company have taken flats, the promoter shall within three months from the commencement of this Act" had been substituted;(e)in section 11, the words and figure "in accordance with the agreement executed under section 4" shall be read as if the words "in accordance with any agreement made in respect thereof" had been substituted and the words "within the prescribed period" shall be read as if the words "within three months from the commencement of this Act" had been substituted.[See also section 2(a).]
