In exercise of the powers conferred by sub-section
(1) of section 185 of the Maharashtra Housing and Area Development Act, 1976
(Mah. XXVIII of 1977), read with sub-clause (i) of clause (a), clause (b) and
clause (f) of sub-section (1) of section 28 and clauses (iii), (iv), (vi) and
(ix) of sub-section (3) of section 28 and section 64 of the said Act and of
rule 17 of the Maharashtra Housing and Area Development (Disposal of Land)
Rules, 1981 and of all other powers enabling it in this behalf, the Maharashtra
Housing and Area Development Authority, with the previous sanction of the
Government of Maharashtra, makes the following regulations, namely :- PART I PRELIMINARY (1)
These Regulations may be called the Maharashtra
Housing and Area Development (Estate Management, Sale, Transfer and Exchange of
Tenements) Regulations, 1981. (2)
They shall apply - (a)
to the estate management, sale including
transactions in the nature of sale by deferred payment, transfer and exchange
of Authority premises, not being premises used or to be used exclusively for
office or an undeveloped site, and (b)
except as provided in Part VIII, in relation to
premises of the Authority in the whole of the State. (3)
They shall come into force at once. In these Regulations, unless the context requires
otherwise, - (1)
(a) Act means the
Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977); [1][(b) Allotment Committee means a Committee appointed
by the Authority or by the Boards as the case may be for the purpose of drawing
lots for allotment of tenements in a building and for such other purposes
relating thereto as the Authority or the Board may think
fit from time to time]; (c) allottee"
means a person to whom a tenement is allotted or who is put in possession or
occupation of a tenement under these Regulations, and includes (i)
a housing society, a company, an Association or a
body corporate established under any law for the time being in force in the
State; and (ii)
all such persons who, before the commencement of
these Regulations, are duly and legally in possession or occupation of any
premises of the Authority; (d) Apartment Act
means the Maharashtra Apartment Ownership Act, 1970 (Mah.
XV of 1971); (e) apartment owner
means an apartment owner as defined in section 3 of the Apartment Act; (f) applicant means
a person who applies under Regulation 9 in Form I for allotment of a tenement under these Regulations; (g) Association
means a Association of Apartment Owners constituted under the Apartment Act; [2][(h) Authorised Officer" means a person duly
empowered by the Chief Officer, for the purposes of these Regulations]; (i) Authority or
Board includes an officer appointed by the authority or as the
case may be, by the Board to perform the functions and [3][to
exercise the powers of the Authority, the Board or the Chief Officer under
these Regulations;] (j) Chief
Officer" means the Chief Officer of a Board within the meaning of sub-section (5) or (6) of section 18 of the Act; (k) colony means any
specified area referred to as such in which any existing Board or the Authority
has constructed buildings or is entrusted with the management of buildings,
under a housing scheme; (l) economic rent in relation
to tenement means the rent which is determined by the Authorised Officer in
accordance with the formula prescribed by the Government by an order made in
this behalf; [4][(m) Estate Manager means the officer of a Authority
appointed as such, and includes an Assistant Estate Manager,
appointed as such and duly authorised by the Board or by the Authority for the
purposes of these Regulations, for managing the estate of the Authority
specified in such authorisation;] (n) Estate of the
Authority means all
lands, buildings, all easements in relation thereto and all other property
belonging to, or vesting in, the authority or in its possession for the
purposes of the Act, or these Regulations, and also includes all Authority
Premises; (o) family" in relation to an allottee or applicant, means his spouse,
sons and unmarried daughters, and [5][* * *]
persons who are members of his family under the personal law applicable to him; (p) Form" means
a Form appended to these Regulations; (q) Government"
means the Government of Maharashtra; (r) housing scheme
includes a housing plan or project, [6][but does not include a plan or project for the construction
establishment and development of a commercial centre]; (s) housing society
means co-operative housing society registered or deemed to be registered
under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); (t) income in
relation to an applicant or allottee means the total average monthly income
regularly derived by the applicant or allottee and his or
her spouse from any occupation, trade, business, employment or any calling or source
constituting normal means of livelihood on the date on which an application for
a tenement offered under any housing scheme is submitted to the Authority,
Board or officer specified in such scheme or any other date specified by the
Board in this behalf, but does not include, income which is intended to
reimburse any specific service, such as, conveyance allowance, house rent
allowance, travelling allowance, car allowance and such other allowances; [7][(u) Initial instalment" means such amount of purchase
price of a tenement as the Board may determine, and which an applicant,
tenderer or allottee is required to pay to the Board before occupying such
tenement, regard being had to the cost of the tenement,
whether provisional or final, constructed under any housing scheme or a scheme
for a commercial centre); (v) officer of the
Board means in relation to the area under the jurisdiction of the Bombay
Housing and Area Development Board, the Deputy Chief
Officer (Estate Managements), and elsewhere the Chief Officer within his
jurisdiction; (w) purchase
price" in relation to a tenement means the provisional or the final price
at which a tenement is sold to an allottee under these Regulations; (x) rules means the
Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981; (y) section means a
section of the Act; (z) tenant in
relation to a tenement means the persons to whom a tenement is allotted either
on lease, on payment of rent or on the basis of sale by
deferred payment (popularly referred to as a transaction in the nature of
hire-purchase), till such person has paid all the equated installments and
other dues, if any, in respect of the tenement, and the building containing
such tenement has been duly conveyed under a deed of sale to the housing
society, company or the Association; (za) tenement"
means a part of a property intended for independent use including one or more
rooms or enclosed space located on one or more floors
(on part or parts thereof), in a building constructed under any housing
scheme [8][or
any scheme for a Commercial Centre and intended to be used principally for
residence, or for a commercial purpose] or such other use as the Board may
permit in this behalf with a direct exit to any public street, road or highway
or to a common area leading to such street, road or highway, and includes an
apartment within the meaning of the Apartment Act; (2)
Words and expressions used in these Regulations but
not defined shall have the meanings respectively assigned to them in the Act or
in the rules. PART II GENERAL (1)
Subject to the superintendence, direction and
control of the Authority, every Board shall, within the area of tis
jurisdiction, be responsible for the management of the estate of the Authority,
or for the sale, including transactions of sale on the basis of deferred
payment, of tenements in any such estate, [9][or for
transfer or exchange of residential tenements, or for permitting caretaker
arrangement of residential tenements under these regulations], and all other
matters pertaining to the management of the estate of the Authority. (2)
The Board may, by an order in writing, also
authorise such officers working under the Board or Authority not below the rank
of an Estate Manager to discharge such functions and duties, and exercise such
powers in relation to matters referred to in clause (1) as may be specified in
the order. (3)
Save as aforesaid, subject to the general
supervision of the President, the Vice-President, the Chairman and Vice-Chairman,
the Chief Officer shall manage the estate of the Authority with the assistance
of the officers duly authorised by the Board for the purpose of these
Regulations under clause (2). (4)
The Estate Manager and other staff of the Authority
appointed for the work of estate management shall be responsible to the officer
of the Board for management and for that purpose may also exercise all or any
of the powers specified in this Regulation. (5)
The Estate Manager may for and on behalf of and in
the name of the Authority, - (a)
ask for or demand and receive payment of rent and
other amount due to the Authority and give receipts for payment made to the
Authority; (b)
give notices to occupiers of the tenements for and
in relation to the recovery of rent, eviction, re-entry or re-taking possession
of the tenements, unauthorised additions and alterations therein or breach of
any of the terms and conditions of the agreement or lease or any other purpose
whatsoever under any law, agreement, lease or order of the authority, as the
case may be; (c)
report cases of persons falling under section 66 of
the Act to the Competent Authority, and furnish for the said purpose, necessary
information, files, documents and other evidence, reenter, re-take or resume
possession of any tenement whenever required or remove any unauthorised
occupier of any tenement, with the requisite assistance of the other employees
of the Authority; (d)
institute, maintain or conduct legal proceedings
for recovery of claims, eviction, distress and defend legal proceedings
instituted against the authority, Board-or any officer thereof in the discharge
of his official duties, and may also sign, verify, declare, affirm and present
plaints, petitions, applications, affidavits, appeal memoranda, vakalatnamas
for Counsel and Advocates, or Solicitors engaged by the Authority; and (e)
generally do such acts, deeds and things and
execute such documents or instruments as may be proper and necessary for all or
any of the purposes aforesaid. (6)
All amounts recovered by any officer under these Regulations
or in pursuance of any documents or instruments, shall be credited forthwith to
the fund of the Authority. Explanation.- [10][***] There may be different housing scheme based on
reasonable classification as the Board may specify in the notice publish under
Regulation 7 of these Regulations.][11] The Authority may formulate schemes for the
construction, establishment and development of Commercial Centres at such
places and for such categories of commercial establishment as it may deem
expedient.][12] Subject to the provisions of these Regulations (1)
there shall be reserved by the Board in every
housing scheme, or in relation to housing scheme in any area during any period
specified in this behalf, tenements for the categories of persons as specified
in rule 13 of the rules in the percentages shown against them in the said rule; (2)
there may be reserved by the Board in every colony
not exceeding two percent of the existing tenements therein, (a)
for locating such amenities provided in the colony
as the Authority may by general or special order specify in this behalf; and (b)
for the staff appointed for the administration and maintenance
of the colony on such terms and conditions and in such manner as the Board may,
subject to any general directions of the Authority, think fit; [13][(3) the reservation of tenements under sub-clause (a) of clause (2) may
be made on such principles, in such manner and on payment of such rent or sale
price as the Authority may determine in accordance with the provisions of rule
1.5 of the Maharashtra Housing and Area Development (Disposal of Land) Rules,
1981.] PART III [14][ALLOTMENT OF RESIDENTIAL TENEMENTS] The provisions of this part shall not apply to
allotment of commercial tenements.][15] [16][(1) The tenements may be allotted either on the basis of monthly
tenancy, or on the basis of sale by deferred payment or on the basis of
out-right sale.] [17][(2) The allottees of tenement shall held the tenements as Authority
premises until the said tenement, after the payment of all the dues of whatever
nature is made to the Authority, are duly conveyed to a Cooperative Housing
Society or to a Company or to Association.] [18][(3) Notwithstanding anything contained in these Regulations the entire
building in a scheme may be allotted on the basis of outright sale to the
Government or to any Corporation owner or controlled by the State or to any
local authority for purposes of residential use : Provided that, the allotment
may be made after meeting the demand of persons who have applied in response to
the advertisement if the scheme is already advertised.] [19][(4) On such allotment under clause (4), the building together with the
land underneath and appurtenant thereto shall vest in, and belong to, the
Government or as the case may be, the Corporation, and shall be held by it on
such conditions and restrictive covenants as may be specified by the Board in
this behalf, regard being had to the common service and amenities, common areas
and facilities available in relation to such building and the adjoining
property of the authority, if any, including water tanks, water connections,
electric installations and the like.] NOTES Regulation 6 of the Maharashtra Housing and Area
Development Act (Estate Management Sale Transfer and Exchange of Tenements)
Regulations 1981 under Part III lays down the procedure for allotment of
tenements of MHADA and sub-rule (1) states that subject to the provisions of
these Regulations and accept as directed by the Government, or tenements shall
be allotted in accordance with the provisions of these Regulations. This
provision clearly spells out that if any allotment otherwise then the procedure
prescribed under regulation 6 was to be made, it was required to be approved by
the Government. Regulation 6 of M.H.A.D. Regulations for allotment provides that
as per resolutions such people have to get preference in allotment and would
not go in general lots. The High Court held that this resolution was not
approved by the Government and premises made by the Ministers in public
speeches cannot create any right in favour of petitioner. - State of
Maharashtra &Ors. v. Sureshchandra Khushalchand Bakliwal & Anr., 2003
(6) Bom. C.R. 778 : 2003 (3) All M.R. 501. (1)
The Chief Officer shall display a notice on the
Notice Board of his office, inviting applications for residential accommodation
in a building constructed or under construction or proposed to be constructed
under any housing scheme before such date as may be specified in the notice. (2)
The notice shall specify such details of the
building and tenements therein, the class of persons who may be eligible for
allotment, the reservation for the different categories of persons, the
preference, if any, to be given to any class of persons in the matter of
allotment of tenements, the manner of allotment, the amount of deposit or
earnest money or both to be paid, the circumstances in which the amount of
deposit or earnest money or any portion thereof may be retained by the Board
towards administrative expenses and such other terms and conditions of
allotment as may be decided by the Chief Officer. (3)
The notice shall constitute an offer of the
tenements to the applicants for acceptance of the conditions specified in the
notice. [20][(4) Where any Board displays a notice on its notice board under
subclause (1) of this regulation, the Chief Officer shall forthwith publish a
notice in at least two widely read news papers of which at least one shall be
in Marathi giving full details relating to the housing scheme for inviting
application.] Application for housing scheme displayed under
Regulation 7 shall be received by any designated officer or in any of the
nominated Branches of the Bank/Banks to be nominated by the Chief Officer and
shall be serially registered in a Register maintained for this purpose.][21] (1)
Any person desirous of getting a tenement for bona
fide residential purposes may, in pursuance of the notice displayed under Regulation
7, apply in Form I. The application shall be accompanied by such particulars as
specified in the Forms. Persons below the age of 18 years shall not be eligible
to apply for any tenement. [22][(1A) A person shall not be eligible to apply for any tenement in
municipal area if he or his/her spouse or his/her minor children own a house or
a flat or a residential plot of land or holds on a hire-purchase basis or
outright sale basis or on a rental basis form the Maharashtra Housing and Area
Development Authority a house or a flat or a residential plot of land in
his/her name, or in the name of his/her minor children as the case may be, in
such a municipal area.] (2)
No application shall be accepted unless - (a)
it is received with its acknowledgments on or
before the date specified in the notice displayed under Regulation 7; and (b)
the applicant pays the earnest money or makes the
initial payment as specified or required in accordance with such notice. (3)
The applicant shall not be entitled to any
interest, on the amount of the earnest money or such initial payment made by
him under this Regulation. [23][(4) No person shall tender more than one application in the general
category or any reserved category in any scheme. [24][(5) * * *] On receipt of all the applications the applications
shall be verified to see the completeness of the applications and of the
requisite enclosures. Incomplete application shall stand summarily rejected and
no representation or appeal shall be entertained. The remaining applications
shall be prima facie treated as eligible applications subject to the detailed
scrutiny after holding of drawal of Iosts if found necessary.][25] (1)
A public drawal of lots shall be held by the Chief
Officer if the number of applications prima facie held eligible in each
category exceeds the number of tenements being offered for allotment. In these
draw, the number of lots drawn shall be equal to the availability of
plots/tenements in each category. This will constitute the list of successful
allottees subject to the delayed scrutiny. (2)
With a view to providing for a certain number of
successful applications in the above drawal of lots being subsequently found to
be ineligible on detailed scrutiny to be held after the drawal of lots, the
Chief Officer shall proceed to draw lots from amongst the remaining prima facie
eligible applicants to constitute a waiting list for allotment purpose subject
of a scrutiny. The number of lots to be drawn for this waiting list shall not
be less than the number of tenements/lots in the scheme. (3)
After each draw the Chief Officer or an official
nominated by him for this purpose shall enter the name of each drawee in the
Register maintained for the purpose so that the names of successful drawees as
well as those in waiting list are entered in the said Register in the same
order in which they emerge out of the lots. There shall be a separate Register
for each category.][26] (1) A detailed scrutiny of these applicants successful in the drawal of lots
that is the list of successful allottees shall be held in the first instance.
The list of these applicants out of this list found eligible after detailed
scrutiny shall be displayed on the notice board of the Board and eligible
applicants shall also be communicated by R.P.A.D. If necessary, the result of
this scrutiny would also be announced in widely read local newspaper. Those who
are held eligible in the detailed scrutiny shall constitute the "approved
list" of allottees. (2) After determination of the eligibility as provided in clause (1), the
Chief Officer shall or any other officer nominated by the Chief Officer for the
purpose shall proceed with the allotment of tenements being offered as provided
in Regulation 17, out of the successful list and the waiting list. (3) Those applicants whose applications have been rejected in the detailed
scrutiny shall have the right to represent against the decision to Chief
Executive Officer/M.H. & A.D. Authority within 15 days of the receipt of
the rejection letter. On receipt of any such representation, the Chief
Executive Officer/M.H. & A.D.A. may review himself or through an officer
appointed by him not below the rank of Deputy Chief Executive Officer or a
Deputy Collector, the earlier decision if found necessary. If the
representation is rejected the decision shall contain in brief the reasons for
rejection. The decision on such representation shall be communicated to the
applicant by the R.P.A.D. (4) Upon admission of the representation by the Chief Executive Officer, the
Chief Officer shall hold back from actual allotment a number of tenements/plots
equal to the number of applicants who have represented against his decision of
the Chief Executive Officer within the prescribed time limit. (5) In the meanwhile with a view to allotting the tenements equal in member
to those held ineligible by the Chief Officer (and by the Chief Executive
Officer) under Regulation 12, the Chief Officer or Officer nominated by him in
this behalf shall proceed to scrutinise the application in the waiting list
according to their serial number given in the waiting list Register maintained
under Regulation 11. Those applicants in the waiting list who are held
ineligible in a detailed scrutiny shall have the same right to represent as
specified in Regulation 12. (6)
The above process of detailed scrutiny and right of
representation to those held ineligible shall be continued till all the
tenements/plots advertised or actually available are allotted and handed over
or the waiting list has been exhausted whichever is earlier. Thereafter the
waiting list will cease to be operative.][27] (1)
In cases wherein a, housing scheme has been
undertaken after a survey or an assessment of the housing requirements of the
members of the public in a particular locality and in pursuance of the
applications received from them in that behalf, regular applications under
Regulation 7, for allotments to be made for tenements in a building or
buildings constructed or to be constructed in such a scheme, shall initially be
invited only from such of the persons who had earlier applied and registered
their names in response to the advertisement published for the assessment of
the housing requirements of the members of the public in that locality : Provided that, if the number of tenements that are
constructed or are to be constructed in such a scheme is more than the
application received at the time of assessment survey, the notice inviting
applications for residential accommodation displayed under Regulation 7 need
not be restricted to such persons but in that case the preference for allotment
of tenements in that scheme shall be given to such persons who had applied and
registered earlier and who are found to be eligible for the same. (2)
If the persons who had earlier applied and
registered their names in tenements in such a scheme do not apply in response
to the notice displayed under Regulation 7, they shall be deemed to have
withdrawn from the scheme and shall not thereafter be eligible for allotment of
a tenements therein on the strength of their earlier application and
registration. (3)
The amount of deposit or earnest money, if any,
paid by a person at the time of assessment survey shall, subject to the
deduction of such administrative expenses as may be determined by the
Authority, be refunded to him if he has not applied in response to the notice
displayed under Regulation 7. (4)
If after allotment of tenements in such a scheme to
all the eligible persons who had applied both at the time of the assessment
survey and in response to the notice displayed under Regulation 7, there are
any surplus tenements remaining to be failed in, the Chief Officer shall, if necessary,
refortify the same and shall allot them to members of public in accordance with
the provisions of these Regulations.][28] (1)
Allotment of tenements to the eligible applicants
shall be floor wise commencing from the first floor of the building to be
continued to other upper floors serially and the tenements on the ground floor
shall be allotted after the allotment of all the tenements on the upper floors
is completed. The tenements on each floor of the building as far as practicable
be allotted to eligible applicants in the general category and in each of the
reserved categories in proportion to their respective percentages specified in
the notice displayed under Regulation 7 and in the order of their ranks entered
in the Register maintained under Regulation 11. (2)
Housing Schemes for specific category or categories
shall be prepared and implemented by Maharashtra Housing and Area Development
Authority with the approval of Government. (3)
The names of persons to whom the tenements are so
allotted and all the particulars of the tenements so allotted and any other
such particulars as may be determined by the Chief Officer shall be entered in
the Allotment Register to be kept for the purpose.][29] (1)
If for some reasons it is found that all the
tenements advertised cannot be offered to those in the approved list or to
those in the waiting list according to the procedure in these regulations then
the tenements advertised shall be renotified by themselves or as part of any
other scheme of the Board. (2)
If the number of eligible applicants for the
tenements advertised for the second time under clause (1) is less than the
number of tenements so advertised the Board may offer any or all unallotted
tenements as per direction of the State Government or with the prior approval
of Government.][30] If even after renotification of vacancies as
provided in Regulation 14 there is no adequate response and demand for
tenements in any particular scheme such of the tenements as cannot be so
disposed of must be disposed of on the 'first served' basis or in any other
manner determined by the Authority from time to time.][31] The price at which the tenements are offered under
a scheme could vary amongst the allottees as in certain cases considerable time
may have elapsed from the time of advertisement till the actual allotment.][32] (1)
Notwithstanding anything contained in these
Regulations but subject to the provisions of clauses (2) and (3), the Board may
allot tenements in any building to any persons according to the direction of
the State Government : Provided that, tenements already advertised for
allotment for members of the public shall not be so allotted. (2)
The number of tenements to be so allotted shall be
restricted to the extent of 2 per cent, of the total number of tenements in
buildings, the tenements in which are notified for the first time, by issuing
advertisement or otherwise, for disposal in accordance with the provisions of
these Regulations in the year under each of the Economically Weaker Section,
Lower Income Group, Middle Income Group and Higher Income Group Category under
any of the tenements earmarked earlier for it for a category under any scheme
in any city, town or area under this Regulation and direct the Board to allot
in lieu thereof a tenement in the same category in any other scheme in the same
city, town or area if it is still available for allotment to any person
intimated by the State Government. (3)
The tenements in any scheme remaining unallotted
even after the issue to two advertisement as provided in these Regulations
shall be deemed to be available for the purposes of this Regulation and may, if
so directed by Government, be allotted by the Board to Government nominees,
within the quota specified in clause (2).][33] (1)
Subject to the provisions of these Regulations, the
Authorised Officer shall send an intimation of allotment in Form II to every
eligible applicant on the approved list. (2)
On receipt of the intimation of allotment, the
allottee may, within the period specified in the letter, accept the allotment of
the tenement in Form III, and pay the amounts referred to in Form II and
specified in the notice displayed under regulation 7, if any. (3)
Subject to the provisions of this regulation, every
acceptance in Form III shall constitute acceptance of the offer made in the
notice published under regulation 7, and in the letter of allotment in Form II. (4)
[34][* * *]. (1)
Notwithstanding anything contained in Regulation 17
the Chief Officer may, before any tenements are handed over and occupied by the
applicants, review any decision regarding allotment and may by order withdraw
the allotment duly made under clause (1) of Regulation 17 if he is satisfied
that on the basis of any fresh evidence before him, the allotment of the
tenement is required to be withdrawn. (2)
Every such order withdrawing an allotment shall be
communicated in writing to the applicant, along with the grounds on which the
allotment has been withdrawn. (3)
The order of the Chief Officer withdrawing the
allotment shall, subject to an appeal to the Chief Executive Officer, be final
and binding on the applicant. (4)
Any applicant, who is aggrieved by the decision of
the Chief Officer, may, within a period of fifteen days from the date of
receipt of the order, file an appeal before the Chief Executive Officer stating
in brief the grounds for appeal. (5)
Every appeal shall be decided by the Chief
Executive Officer within a period of three weeks from the date of filing of the
appeal and every order rejecting the appeal shall state briefly the grounds for
such rejection. If any applicant on an approved list or waiting
list dies or is transferred or leaves the place in which the tenement is
located, or for any other reason which, in the opinion of the Authorised
Officer, is adequate, his application may with the previous approval of
the [35][Chief
Officer] be transferred in the name of any other bona fide member of his family
whose name is mentioned in the application for allotment under these
Regulations. In case the bona fide member is not interested or if there be no
bona fide member then the tenement may be allotted to the next person in the
waiting list. (1)
After the tenements are ready for occupation, the
Estate Manager shall - (a)
in respect of tenements to be allotted on the basis
of sale by deferred payment, issue an allotment letter in Form IV to such
applicants who have accepted and complied with the requirements of the letter
of intimation of allotment in Form II informing them that the tenements have
been finally allotted to them on the terms and conditions accepted by them; (b)
in respect of tenements to be allotted on rental
basis, issue an allotment letter in Form V; and (c)
in cases falling under sub-clauses (a) and (b), the
applicants shall in writing be asked to take over possession of the tenement
within such period as may be specified in the letter. (2)
On acceptance of the allotment of a tenement in
cases falling under sub-clause (a) or sub-clause (b) of clause (1), the
allottee shall, subject to the .provisions of clause (4) of regulation 21
execute a tenancy agreement in Form VI in favour of the Authority, and shall
comply with the terms and conditions of such agreement. (3)
Such tenancy agreement in the case of a tenement
sold on the basis of deferred payment shall subject to the provisions of the
proviso to clause (4) of regulation 21 remain in operation only in so far as
the building containing such tenement and the land underneath and appurtenant
to the building is duly conveyed to the housing society, company or the
Association as provided in these Regulations. (1)
Unless otherwise specially decided by the
Authority, as soon as the minimum number of persons required to form a housing society,
or a company or Association, as the case may be, have taken possession of the
tenements and in any case not later than three months after the final
allotment, such persons shall submit an application - (a)
to the Registrar of Co-operative Societies for the
registration of the allottees as a housing society, or (b)
to the Registrar of Companies for forming a company
of the allottees under the Companies Act, 1956, or (c)
to the Board requesting that the Authority as owner
of the building may, after all the allottees have paid the full purchase price
of the tenements allotted and the Authority has no objection to convey the
building to the apartment owners, submit the building containing the tenements
allotted to them, and the land underneath and appurtenant thereto (hereinafter
collectively referred to as the property), to the provisions of the Apartment
Act with the condition that the Authority shall grant a lease of such land to
the apartment owners on the terms and conditions of lease being disclosed in
the declaration either by annexing to the Declaration a copy of the instrument
of lease to be executed or otherwise. (2)
Every application under clause (1) shall be
accompanied by a ?No Objection Certificate? from the Board to the
effect that the Board has no objection to forming a housing society or a
company or to the submission of the property to the provisions of the Apartment
Act. (3)
The allottees, shall, after the application is made
under clause (1), take all steps to get themselves registered as a housing society,
or company, or as the case may be expedite the Board to submit the property to
the provisions of the Apartment Act, as provided in sub-clause (c) of clause
(1) of this regulation and on the formation of the housing society or company
inform the Board, accordingly. Where the property is to be submitted to the
provisions of the Apartment Act, the Board shall expedite the Authority for
such submission, and proceed to take all necessary steps under that Act. (4)
On the formation of the housing society or company,
the Board shall arrange to lease the property to the housing society or the
company and in any other case, the Board shall lease the tenements in the
building to each allottee where the allottees have expressed desire to submit
the building to the provisions of the Apartment Act, and thereupon, the society
or the company or the allottees shall hold the property, or as the case may be,
the land and the tenement purely as tenents of the Authority, until all the
allottees have paid the full purchase price of the tenements and all other
outstanding dues, if any, to the Authority, and the property is duly conveyed
to the housing society or company or to the Association : Provided that, where the allottees have paid the
full purchase price and there are no outstanding dues due to the Authority, and
the property is [36][* * *]
duly conveyed to the society, company or Association, as provided in this
regulation, the tenancy executed in favour of the housing society, company or
allottees shall stand terminated and the building shall cease to be Authority
premises and the housing society or company or the allottees, as the case may
be, shall hold the building as owner thereof subject, however, to the condition
that the land beneath and appurtenant to the building shall be held on lease
from the Authority as provided in these Regulations. (5)
The housing society, the company, or as the case
may be, the allottees shall hold the property on lease duly executed in that
behalf as tenants of the Authority and till the lease is in force, the property
shall remain as the Authority premises subject to the provisions of the Act. (6)
After the entire amount due from a housing society,
company, or as the case may be, allottees in respect of the tenements, in a
building or group of buildings is paid to the Authority, the Chief Officer,
shall without undue delay take steps to convey the building to the housing
society, the company or the Association with its right, title and interest in
the building containing the tenements, and lease to it the land underneath and
appurtenant thereto and execute the necessary document in that behalf and
deliver all documents of title relating to the building aforesaid and of the
lease of land aforesaid to the housing society, the company or the Association,
as the case may be. [37][(6A) Notwithstanding anything contained in the foregoing provisions of
this Regulation or clause (2) of Regulation 4, but subject to the provisions of
any municipal or planning law for the time being in force, the Authority may,
if the circumstances so require, in the case of tenements in a single storeyed
building constructed by the Board and disposed of on an out-right sale basis or
hire-purchase basis, direct the Chief Officer to take steps without undue
delay, after the entire amount due from all the allottees in the building is
paid to the Authority, - (i)
to convey the tenements in such a building to the
individual allottees thereof with its right, title and interest therein; (ii)
to lease to them the land underneath and
appurtenant to their respective tenements; and (iii)
execute the necessary documents in that behalf.] [38][(7) All charges including stamp duty and registration fees to be paid
in respect of the documents referred to in clause (6) or clause (6A) shall be
borne by the housing society, company or the Association, or the allottee, as
the case may be. Explanation.- In sub-clause (c) of clause (1) the
expression "Declaration" has the meaning assigned to it in the
Apartment Act.] [39][PART III-A ALLOTMENT OF COMMERCIAL TENEMENTS All commercial tenements shall be allotted in
accordance with the provisions of this part. (1)
The commercial tenement shall be allotted on the
basis of outright sale. (2)
On payment of the whole of the amount of sale price
and all other dues, if any, by all the allottees in building or a group of
buildings in a Commercial Centre the building or the group of buildings shall
be conveyed by the Authority to the co-operative society, the company or the
Association, as the case may be, formed by the allottees thereof under a duly
executed sale deed and the land beneath appurtenant thereto shall be given to
such co-operative society, company or Association, as the case may be, on lease
in accordance with the provisions of the Maharashtra Housing and Area
Development (Disposal of Land) Rules, 1981, and subject to the terms and
conditions specified in such a lease deed. (3)
Until the building is so conveyed to a co-operative
society or a company or an Association and the land underneath and appurtenant
thereto is leased to it the same shall continue to be a authority premises and the provisions of the Act and the Rules and
Regulations made thereunder shall continue to apply in respect of all matters
regulated by them. (1)
The Chief Officer shall display a notice on the
Notice Board of his office, inviting sealed tenders for allotment of commercial
tenements in a building or a group of buildings constructed or under
construction or proposed to be constructed as a Commercial Centre, before such
date as may be specified in the notice. The tenders shall be invited for
specific tenements or groups of tenements in buildings in a Commercial Centre. (2)
The notice shall specify such details and salient
features of the building and each of the tenement or a group of tenements, as
the case may be, proposed for sale therein, the categories of establishments,
if any, that are proposed to be located in the Commercial Centre, the number of
tenements allocable to each such category, the manner of allotment, the amount
of deposit or earnest money or both to be paid, the circumstances in which the
amount of deposit or earnest money or any portion thereof may be forfeited or
retained by the Board towards administrative expenses, the date on which and
the time at which the tenders would be opened in the presence of the tenderers,
and such other terms and conditions of allotment as may be decided by the Chief
Officer. Where any Board displays a notice on its Notice
Board under regulation 21-C, the Chief Officer shall forthwith publish a notice
in such daily newspapers, as he thinks fit, of which at least one notice shall
also be published in English or Hindi newspaper of the area, that a notice
containing the details relating to the scheme for a Commercial Centre for
inviting tenders has been displayed on the Notice Board of the Board and is
open for inspection during office hours. (1)
Any person desirous of getting a commercial
tenement for bona fide commercial purpose or any other non-residential purpose
approved by the Authority may, in pursuance of the notice displayed under
regulation 21-C, present a tender in Form VI-A. The tender shall be accompanied
by such particulars as specified in the Form. Persons below the age of 18 years
shall not be eligible to present tenders for any commercial tenement. (2)
No tender shall be accepted unless (a)
it is received with accompaniment on or before the
date specified in the notice displayed under regulation 21-C, and (b)
the tenderer pays the deposit/earnest money or
makes the initial payment as specified or required in accordance with such
notice. (3)
The tenderer shall not be entitled to any interest
on the amount of the deposit/earnest money or such initial payment made by him
under this regulation. (1)
On receipt of a tender under regulation 21 -E, the
Authorised Officer shall enter such tender in a register maintained for the
purpose, in the order in which it is received by him and enter on the tender
the number specified in the register, and the date of its receipt and shall
thereafter send a receipt to the tenderer in token of having received the
tender on the aforesaid date. There shall be maintained a separate register for
each of the commercial tenement or a group of tenements, as the case may be, under
the scheme advertised under regulation 21 -D. Each such register shall be
closed everyday till the last day under an appropriate certificate by the
Authorised Officer. (2)
All tenders and the register in which such tenders
are entered shall, on the expiry of the last date of receipt of tenders be kept
with the Chief Officer. (1)
The tenders presented by the persons interested in
the allotment of commercial tenements on or before the date specified in the
notice displayed under clause (1) of regulation 21-C shall be opened by the
Chief Officer tenement-wise in the presence of the Chief Accounts Officer on
the date and at the time specified in the notice displayed under the said
clause (1) of regulation 21-C. The tenderers shall be entitled to be present
when the tenders are opened, scrutinized and selected for allotment. (2)
On opening of the tenders, they shall be arranged
in the order of the price tendered, that is, the tender containing the highest
offer shall be put at the first place followed by the tender containing the
next higher offer and so on. (3)
The names of the tenderers so arranged shall be
entered in a register kept for the purpose. (4)
The Chief Officer shall thereupon ensure that each
tenderer fulfils the conditions of allotment displayed in the notice under
regulation 21-C and as disclosed from the particulars specified by him in Form
VI-A. The tenderers who, as a result of such scrutiny are held to be ineligible
shall not be considered for allotment of commercial tenements in the category
of tenements in the scheme under scrutiny. The names of the eligible tenderers
shall be entered in separate register kept for the purpose in the order of the
price tendered, that is, tenderer whose tender contains the highest offer shall
be entered first followed by the tenderer offering next higher tender and so
on. The names of tenderers entered in the said register shall constitute the
approved list for the purposes of allotment of commercial tenements. (5)
There shall be a separate register for each
commercial tenement or a group of commercial tenements, as the case may be. (6)
After the entries on a page of the register of
tenderers kept under clause (3) or clause (4) of this regulation are complete
the Chief Officer and the Chief Accounts Officer of the Board shall each sign
the page and any erasers made thereon in token of the names or erasers being
made in their presence and with their approval. (1)
A commercial tenement or a group of commercial
tenements shall, subject to the provisions of clause (2) of this regulation, be
allotted by the Chief Officer to the tenderer who is held eligible and whose
tender is the highest for the tenement or a group of tenements, as the case may
be, for which he has presented his tender. The names of the persons to whom the
tenements or group of tenements are so allotted in a building or a group of
buildings in a Commercial Centre and the particulars of the tenements or group
of tenements allotted to them in a building or a group of buildings and such
other particulars as may be determined by the Chief Executive Officer shall be
entered in the allotment register kept for the purpose. (2)
Notwithstanding anything contained in clause (1) of
this regulation- (a)
the Chief Officer may, if necessary, reject all or
any of the tenders without assigning any reasons. (b)
the conditional tenders shall be liable to be
rejected. (c)
the Chief Officer shall not, in cases wherein the
highest tender is for an amount which is less than the upset price determined
by the Authority accept the tender or allot the tenement but shall place the
matter before the Board and make the allotment or reject all the tenders in
accordance with the decision of the Board in that behalf: Provided that, no such allotment in pursuance of
the Board?s decision shall be made by the Chief Officer
unless the decision of the Board is confirmed by the
Authority. The Authority shall, as far as possible, confirm or refuse to
confirm such decision within a period of two months from the date of receipt of
Board?s decision. The decision of the Authority in such a case shall be final. (1)
If there are no tenders offered for any commercial
tenement or a group of commercial tenements in a Commercial Centre or if all
the tenders offered are rejected under these Regulations or of the tenement or
the group of tenements is not allotted to any tenderer for any reason
whatsoever, the Chief Officer shall renotify the vacancy under regulation 21-C. (2)
The Chief Officer may at the time of renotification
of vacancies, if considered so necessary, change the category of establishment
to be located in the renotified commercial tenements. (1)
Subject to the provisions of these Regulations, the
Authorised Officer shall send an intimation of allotment to every successful
tenderer whose name has been included in the allotment register kept under
regulation 21-H. (2)
On receipt of the intimation of allotment, the
allottee shall, within the period specified in the letter, accept by letter to
be addressed to the Chief Officer the allotment of the tenement and pay the
amounts referred to in the allotment letter and specified in the notice
displayed under regulation 21-C, if any. (3)
If the allottee does not convey to the Chief
Officer his acceptance of the allotment of tenement to him, or pay the amounts
referred to in the allotment letter, within the period specified or, if the
period so specified is extended by the Chief Officer, within the period so
extended, the allotment made in his favour shall be liable to be cancelled and
the amount of deposit or earnest money paid by him shall stand absolutely
forfeited to the Authority. (4)
Subject to the provisions of this regulation every
acceptance under clause (2) shall constitute acceptance of the offer made in
the notice published under regulation 21-C and in the letter of allotment. If the allotment made in favour of a successful
tenderer is for any reason cancelled under the provisions of these Regulations
before the tenement is handed over and occupied by the tenderer, the next
highest tenderer, in the approved list may be offered and allotted with such
tenements on payment of the price agreed to be paid by the original successful
tenderer. (1)
Notwithstanding anything contained in regulation
21-J, the Chief Officer may, before any tenements are handed over and occupied
by the successful tenderers, review any decision regarding allotment and may,
by order withdraw the allotment duly made under clause (1) of regulation 21-J
if he is satisfied that on the basis of any fresh evidence before him, the
allotment of the tenement is required to be withdrawn. (2)
Every such order withdrawing an allotment shall be
communicated in writing to the tenderer along with the grounds on which the
allotment has been withdrawn. (3)
The order of the Chief Officer withdrawing the
allotment shall, subject to an appeal to the Chief Executive Officer, be final
and binding on the tenderer. (4)
Any tenderer, who is aggrieved by the decision of
the Chief Officer, may, within a period of 15 days from the date of receipt of
order, file an appeal before the Chief Executive Officer stating in brief the
grounds for appeal. (5)
Every appeal shall be decided by the Chief
Executive Officer within a period of three weeks from the date of filing an
appeal and every order rejecting the appeal shall state briefly the grounds for
such rejection. (1)
After the tenements are ready for occupation, the
Estate Manager shall issue an allotment letter to such of the tenderers who
have accepted and complied with the requirements of the letter of intimation of
allotment informing them that the tenements have been finally allotted to them
on the terms and conditions accepted by them. The tenderer shall in writing be
asked to take over possession of the tenement within such period as may be
specified in the letter. (2)
On acceptance of the allotment of a tenement, the
allottee shall be governed by the terms and conditions contained in the
allotment order and the provisions of the Act and Rules and Regulations made
thereunder till the property is duly conveyed to the co-operative society,
company or association as provided in these Regulations.] PART IV CERTAIN POWERS OF BOARD (1)
Notwithstanding anything contained in the notice
inviting applications or in the agreement extended by an allottee, the Board
shall, if the expenditure including interest on the amount of loans taken by
the Authority, if any, and the expenditure incurred on supervision has
increased the cost of tenement/building, be competent to revise the price of a
tenement already specified in the notice or agreement. (2)
All the allottees in relation to the tenements
aforesaid shall be bound by such revision, and they shall either pay the
difference, if any, between the price so determined and the price paid by them
within two weeks from the date of demand, or as the case may be, entitled to a
refund of such difference. Notwithstanding anything contained in these
Regulations, where the Floor Space Index in respect of any building, the
tenements in which have been allotted, has not been fully utilised, the
Authority may utilise the Floor Space Index by erecting an additional floor or
floors or otherwise, at any time before the building is conveyed under a duly
executed deed of sale to the housing society, company or Association and
thereupon, all the provisions of these Regulations relating to allotment of
tenements in the portion of the building so constructed shall apply as they
apply in relation to tenements already allotted in such building. The provisions of this part shall not apply to
commercial tenements.][40] PART V TRANSFER OF TENEMENTS If any allottee dies, or, in the course of his
service or employment, is transferred, or secures or intends to secure another
accommodation or leaves the place within the jurisdiction of the local
authority in which the tenement is located for reasons not known to him or
anticipated by him [41][prior
to the allotment of the tenement or desires to transfer the tenement to any
member of his family,] his tenement during the currency of the tenancy under
Regulation 20, may be permitted by the Chief Officer to be transferred in the
name of any other member of his family : Provided that, such member [42][* * *]
undertakes to abide by the provisions of these Regulations. (1)
No allottee shall, during the currency of the
tenancy under Regulation 20, transfer any tenement allotted to him except with
the previous permission in writing of the Board and also of the housing society
or the company, if such a society or company has already been formed and
registered. [43][It shall be open to the Board to refuse the permission or to grant the
same subject to such conditions including a condition regarding the payment of
a portion of the unearned increase in the value of the tenement not exceeding
fifty per cent, of such increase as the Authority may, in its absolute
discretion but subject to the other provisions of this Regulation, thinks fit.] [44][(2) The housing society or the company may give permission to transfer
any tenement, if ,- (a)
(i) a period of five years has elapsed from the
date of allotmentof tenement under Regulation 20 to the allottee; (ii) in the case of tenements falling in the
housing schemes formulated for persons belonging to the Economically Weaker
Section or the Low Income Group or the Middle Income Group, the transferee
falls within any of the aforementioned groups; (iii) in the case of tenements falling in the
housing schemes formulated for persons belonging to High Income Group, the
transferee falls within the same income group; (b)
the transferee has paid all the dues to the Board
on behalf of the Authority.] (3) If any allottee transfers any tenement in
contravention of the provisions of clause (1) or clause (2) - (a)
the Board may declare such transfer to be invalid
and to be of no effect, and the transfer made in favour of the transferee shall
stand cancelled; (b)
the transferee shall deemed to be in unauthorised
occupation of the tenement and may be evicted therefrom under Chapter IV of the
Act : Provided that, no such declaration shall be made
unless the transferee has been given an opportunity to submit his explanation
in writing to the Board; and (c)
the Authority shall refund the amount paid by the
allottee without any interest after deducting an amount equal to rent for the
period during which the tenement was occupied by the allottee. Explanation.-In this clause rent means economic rent as determined
by the Board. The provisions of this part shall not apply to
commercial tenements.][45] PART VI PROVISIONS RELATING TO TENEMENTS ALLOTTED UNDER THESE REGULATIONS (1)
If an allottee, - (a)
fails to accept the tenement offered to him, and to
pay the required amount; or (b)
fails to take possession of the tenement so offered
within the period specified in the allotment order; or (c)
having taken possession of the tenement, refuses or
fails to join [46][co-operative
society or a company or an association] as the case may be, the Authorised
Officer may cancel the allotment, remove his name from the approved list, and
evict him under the provisions of the Act and retain towards administrative
expenses such part of the earnest money paid by the applicant not exceeding one
per cent, of the sale price of tenement as the Board may decide, regard being
had to the circumstances in which his name is being removed, and the balance
shall be refunded to the allottee without any interest due to him after
deducting from the balance and from the initial instalments or the security
deposit the amount of compensation for occupation for the tenement and the
amount of damages to the premises, if any. When the amount of initial
instalment and security deposit falls short of the amount of compensation
together with the amount of damages, the amount shall be recoverable from the
allottee as arrears of land revenue, if the said amount is not paid within a
reasonable time. Explanation.- The Board, may assess the amount of
damages, having regard to the period of his stay in the tenement, the condition
of the tenement, and such other relevant factors as the Authorised Officer for
reasons to be recorded in writing, may think fit. (2)
The retention of the earnest money shall in no way
affect the right of the Board to take action for eviction under the provisions
of Chapter VI of the Act. (3)
In case of tenements allotted on rental basis, the
earnest money paid by an allottee may be retained towards administrative
expenses under the following circumstances, that is to say, - (a)
if the allottee fails to accept the tenement
allotted to him within the time specified in the allotment order; or (b)
if it is found that the allottee does not satisfy
any of the conditions of allotment. (1)
Where common services, such as, water, chowkidar,
sweeper, electrician, plumber and the like are provided for any building or
group of buildings by a Board, the charges for common services shall be
apportioned between the tenants of each building or group of buildings. (2)
Where the allottees have formed a housing society
or company, such society or company, and in any other case, the Board, shall communicate
to each allottee his share of charges for common services, ground rent of
monthly taxes and public dues in respect of his tenement and the land
underneath and appurtenant to the building containing such tenement. The
society, company or the Board, as the case may be, may as far as practicable,
indicate the break up of the liability in respect of each of the item mentioned
above to enable an allottee to verify such liability. Such liability may
include the share of an allottee based on approximation, where charges are
collected on pro rata basis such as charges for water, electrician, sanitary
repairs, chowkidar, sweeper, plumber and the like. (3)
The allottee shall pay the electricity charges
directly to the undertaking supplying the energy to the allottee. (4)
The housing society, company, or as the case may
be, the Board, shall, on receipt of the payment due from every allottee under
clause (1) deposit the amount in any bank approved by such housing society,
company or Board before the 10th day of each month succeeding the month to
which the payment relates. (5)
The housing society, company or the Board, as the
case may be, shall pay taxes and damages received from the allottees to the
concerned authorities within a reasonable time from their receipt. (6)
If the payment under clause (3) or (4) cannot be
made by the housing society or company for any reason, the Board shall be
informed of the same with reasons therefor. (7)
The housing society, the company or the Board, as
the case may be, and every allottee shall each, severally and jointly, be bound
to keep the building and the land and each tenement in good condition, and
shall be responsible for the repairs and maintenance of the building and the
land appurtenant thereto at the expense of the housing society or company or
allottees. (8)
The housing society or company or the Board, as the
case may be, shall be entitled to recover expenses towards such repairs and
maintenance from each allottee. (9)
The housing society, company and every allottee
shall permit any officer duly authorised by the Board, in this behalf, to enter
upon any part of the building or land and any tenement therein and inspect the
condition thereof and give notice of any defect with a direction to rectify it
in the time specified by it till the building or tenement is transferred to the
housing society or company or the Association, as the case may be. (10)
It shall be the duty of the housing society or the
company, as the case may be, and of the allottees jointly and severally to
remedy, the defects pointed out by the Authorised Officer, within three months
from the date of intimation thereof. (11)
The housing society or company and the allottee
shall use the tenements in the manner in which a man of ordinary prudence and
judgment would use, as if it were his own. (12)
The allottee shall use the tenement only for the
purpose for which it is allotted to him. (13)
The allottee shall not do any act which would cause
or which is likely to cause damage to the tenement or any act which is
destructive or permanently injurious to the tenement or the building. (1)
The tenements constructed or reconstructed under
any housing scheme or those vested in the Authority may be allotted on economic
rent or subsidised rent under the provisions of the respective housing scheme
or on such rent as may be calculated on the basis approved by the Authority
from time to time : Provided that, where a tenant of a tenement
allotted on economic or subsidised rent commits breach of any of the terms and
conditions of the tenancy agreement executed by him under clause (2) of
regulation 20 he shall for such period, during which such breach is continued as
may be decided by the Estate Manager, be liable to any economic rent in respect
of such tenement, without prejudice to any other action that he may be liable
for under the Act or these Regulations. Explanation. - The subsidised rent of tenements
shall be increased to graded rent or economic rent when the income of the
tenant exceeds the prescribed limit laid down in the respective subsidised
housing scheme. (2)
Every tenant shall pay rent to the Rent Controller
or to such other agency as may be appointed by the Board, in this behalf, on or
before the 10th day of each month succeeding the month for which the same shall
have become due and payable. Explanation. - In this clause, expression ?rent? includes all rates, taxes
and cesses and other charges in respect of common services or amenities
provided for the tenement, and the rent may ordinarily indicate the break up of
each item, aforesaid, (3)
Every tenant shall, - (a)
use the tenement for the purpose for which it was
allotted; (b)
enter into a tenancy agreement in the form as
determined by the Authority, from time to time; (c)
retain from having more than one cooking
arrangement in the tenement; (d)
not sub-let the whole or any part of [47][such
tenement without the previous permission of the Authority;] (e)
refrain from doing any act which would cause or
likely to cause any damage to the tenement or an act which is destructive or
injurious to the building or the tenement. If any applicant whose name is either of the
approved or on the waiting list is not allotted any tenement his amount of
deposit and initial payment, if any, may, within ninety days from the date on
which all the tenements stand finally allotted, be refunded to the applicant
without any interest.][48] PART VII CARETAKER ARRANGEMENT AND EXCHANGE OF TENEMENTS (1)
An allottee may, in relation to a tenement which is
an Authority premises, with the prior permission in writing of the Chief
Officer, enter into a caretaker arrangement for such period as may be
specified by him from time to time, - (a)
if he is required to leave the city or town in
which the tenement is located for higher studies or for employment or for any
other reasonable cause, or (b)
if he is required to stay compulsorily in the
premises provided by the employer as a part of his service condition, or (c)
if the caretaker arrangement is sought on any other
ground, which, in the opinion of the Chief Officer, is reasonable : Provided that, if the period of caretaker
arrangement exceeds five years whether continuously or otherwise, the approval
of the Board shall be necessary. (2)
The Chief Officer may, while granting the
permission, require the allottee to pay such fee for entering into caretaker
arrangement, regard being had to the nature of the circumstances, grounds on
which caretaker arrangement is sought for, the duration for which permission is
sought and such other factors as the Chief Officer may think fit. (3)
The allottee who has been permitted to enter into
such caretaker arrangement shall pay the fee so charged to the Board within the
time determined by the Authorised Officer either monthly or annually, or
otherwise. (4)
If the allottee fails to pay the fee for a period
of three months or more after the expiry of the time so determined the person
occupying the tenement shall be deemed to be in unauthorised occupation of the
tenement, and he shall be liable to be evicted therefrom under Chapter VI of
the Act. (1)
Where any tenements are allotted on the basis of
monthly tenancy or on the basis of sale by deferred payment, the Authorised
Officer may, on an application made to him, permit exchange of tenements under
the provisions of this Regulation. (2)
No application for unilateral transfer of tenement
allotted on rental basis or on the basis of sale by deferred payment shall be
entertained unless the tenements to be exchanged are in the same group of
buildings. Such permission in the former case may be granted only on payment of
a fee of a sum equal to two months ?rent?, and in
the latter case, on the payment of the fee equal to two months? instalment
payable by the allottee in respect of his tenement. (3)
The Authorised Officer may permit mutual exchange of
tenements whether allotted on rental basis or sold on the basis of deferred
payment if the tenements to be exchanged are in the same group of buildings.
Such permission in the former case may be granted on payment of a fee of a sum
equal to one month?s rent by each tenant, and in the latter case,
on payment of a fee by such allottees of a sum which shall be equal to the
monthly instalment payable by him in respect of his respective tenement. Provided that, the Chief Officer may permit such
mutual exchange of tenements on the same conditions as aforesaid if such
tenements are in different group of buildings within the jurisdiction of the
Board. (4)
On such exchange of tenements under this
regulation, each allottee shall step into the shoes of each other and their
rights and liabilities in respect of their respective tenements shall be
governed according to the tenor on which the tenement is held under these
Regulations : Provided that, where tenement is allotted on rental
basis, both the tenants shall not be in arrears of rent due and payable to the
Authority on the date of the exchange. (5)
The Authorised Officer may, for reasons to be
recorded in writing, refuse any exchange of tenements applied for. (6)
The allottee who is aggrieved by the decision of
the Authorised Officer may appeal to the Board within 30 days from the date of
receipt of the decision of the Authorised Officer. The decision of the Board on
the question of exchange of tenements in appeal shall be final and conclusive. The provisions of this part shall not apply to
commercial tenements.][49] PART VIII PROVISION RELATING TO THE ESTATE MANAGEMENT OF THE AUTHORITY FOR THE
PURPOSES OF CHAPTER VIII OF THE ACT (1)
Subject to the superintendence of the Chief
Officer, the Deputy Chief Officer (Repairs and Reconstruction), shall be in
charge of the estate of the Authority vested in it for the purposes of Chapter
VIII of the Act and its management, and he may exercise all or any of the
powers for that purpose under this Part. (2)
The Deputy Chief Officer, with the concurrence of
Chief Officer may direct that any of the powers given to him by clause (1) may
also be exercised by such officer not below the rank of the Estate Manager as
may be specified in such direction (such officer hereinafter in this Part being
referred to as the Competent Officer). (1)
Where any of the occupiers of a building have been dishoused,
and it is obligatory on the Board to provide them with alternate accommodation
under any of the provisions of Chapter VIII, the Competent Officer, shall
require every occupier in the building from which he has been dishoused to
furnish him with information in Form VII. (2)
On receiving information under clause (1), the
Competent Officer shall allot temporary accommodation in a transit camp in
accordance with the provisions of sections 90, 91, 94 or 95 of the Act. The
allotment order of temporary accommodation shall be in Form VIII. (3)
When the area occupied by an occupier in any old
building exceeds 200 square feet and the members of his family so dishoused are
more than eight the Competent Officer may allot an additional tenement to such
occupier. (4)
On allotment of a tenement in a transit camp, every
allottee shall, be subject to the provisions of Chapter VIII, and before
occupying the tenement allotted to him shall execute an agreement in Form IX on
an appropriate stamp paper at his cost. (1)
Where any occupier has been dishoused under any of
the events specified in Chapter VIII, the Competent Officer shall direct the
occupier to reoccupy his accommodation in the building after it is
reconstructed or after the building is rendered habitable, as the case may be. (2)
Where in a reconstructed building, it is not
possible to accommodate all the occupiers of the old building, a Committee
consisting of an Estate Manager and not more than two Assistant Estate Managers
may be formed by the Chief Officer and subject to the provisions of clause (3),
the allotment to the occupiers of the old building may be made in the
reconstructed building by the Committee by drawing lots. (3)
As far as possible an occupier may be provided with
an accommodation in the reconstructed building, of a floor area equivalent to
the floor area, in the old building occupied by him, but in no case, exceeding
68 square meters for any occupier of a residential tenement. (4)
If any occupier cannot be accommodated in the
reconstructed building, the Competent Officer, shall provide him with an
alternative accommodation in any transit camp or in any other reconstructed
building on the basis of his seniority in the Master List maintained for the
purpose depending upon the period of his stay in the transit camp. (5)
The Competent Officer may allot a tenement from the
surplus accommodation available in a reconstructed building to an employee of
the Authority who may be looking after the maintenance of the reconstructed
building. Explanation.- The Chief Officer shall maintain a
list of persons accommodated in a transit camp for the purposes of Chapter VIII
showing therein the name of the occupier, the name of the building from which
he was dishoused, the name of the transit camp, the date of occupation of the
transit camp and such other information as the Chief Officer may think fit so
that the list indicates the total period of stay of an occupier in a transit
camp for determining his seniority for allotment in any transit camp or in any
building reconstructed under Chapter VIII. The list so maintained shall be
called the Master List. Except as otherwise provided in these Regulations,
no tenement in a building constructed out of the monies to the credit of the
Repairs Fund under Chapter VIII shall be allotted to any person other than
persons who are dishoused in the circumstances provided in that Chapter. (1)
Notwithstanding anything contained in these
regulations of Part VIII, the Chief Officer, Bombay Building Repairs and
Reconstruction Board, Bombay, may regularise the transfer of a tenement in a
reconstructed Building where the duties and functions of the Bombay Repairs and
Reconstruction Boards enumerated in section 92 of the Maharashtra Housing and
Area Development Act, 1976 have been fulfilled and where such transfer of
rights in a reconstructed building is created by dishoused person himself
without permission of the Bombay Building Repairs and Reconstruction Board
after he was duly provided with old building. The Chief Officer, Bombay
Building Repairs and Reconstruction Boards may regularise such transfer on such
terms and conditions including the condition of charging penalty and any other
dues therefrom as may be decided by the Authority from time to time. The mode
of determining the penalty for such regularisation shall be decided by the
Authority, from time to time. (2)
The regularisation of such transfer as provided in
Regulation 25A(1) above shall not be applicable to the encroachment committed by
the rank outsiders i.e. without written consent of the original allottee of
MHADA in respect of the tenements in a reconstructed building, including
allotment of reconstructed tenements obtained by producing false documents and
reconstructed tenements given as staff quarters. (3)
The persons in whose name a tenement is proposed to
be regularised should be otherwise eligible to get a tenement from MHADA in the
City of Bombay. (4)
The regularisation of Transfer of Tenement in such
eligible cases would be subject to all such conditions to be mentioned in the
letter of intent to be issued by MHADA [50][BBR and
RB] to the concerned applicant/s. [51][(6)] Other procedural requirements to implement the regulations on this
issue shall be framed by MHADA from time to time and made known to public
through a notification.][52] PART IX MISCELLANEOUS On the commencement of these Regulations, the
following Regulations shall stand repealed except with respect to things done
or omitted to be done under these Regulations, namely (1)
The Maharashtra Housing Board (Allotment,
Management and Sale of Tenements) Regulations, 1970. (2)
Regulations made by the Bombay Housing Board under
clauses (a) and (b) of section 67 of the Bombay Housing Board Act, 1948. (3)
Madhya Pradesh Housing Board Estate Management,
maintained by the Board and Terms and Conditions for Use and Occupation
Regulations, 1952. (4)
Bombay Building Repairs and Reconstruction Board
(Management of Buildings maintained by the Board and Terms and Conditions for
Use and Occupation Regulations, 1970. [53][(5) Madhya Pradesh Housing Board Regulations - Management and use of
buildings and the principles of allotment - Remuneration and service conditions
of officers and servants. (6) Vidarbha Housing Board (allotment of flats on
Hire Purchase System under the Middle Income Group) Regulations. (7) Vidarbha Housing Board (allotment of flats on
Hire Purchase System under the Low Income Group) Regulations. (8) Vidarbha Housing Board (allotment, management
and sale of tenements) Regulations.] [1] Clauses (b) and
(h) were substituted by G. N. of 25.4.1990. [2] Clauses (b) and
(h) were substituted by G. N. of 25.4.1990. [3] These words were
substituted for the words "to exercise the powers of the Authority or the
Board under these Regulations", ibid. [4] Clause (m) was
substituted by G. N. of 29.7.1994. [5] The words
"and for the purposes of transfer of tenants also Includes" were
deleted by G. N. of 9.7.1992. [6] Inserted by G. N.
of 20.11.1982. [7] Clause (u) was
substituted by G. N. of 20.11.1982. [8] These words were
substituted for the words "and intended to be used principally for
residence" by G. N. of 20.11.1982. [9] These words were substituted for the words "and intended to be used
principally for residence" by G. N. of 20.11.1982. [10] Explanation was deleted by G. N. of 9.7.1992. [11] Regulation 4 was substituted, ibid. [12] Regulation 4-A was substituted by G. N. of 20.11.1982. [13] Clause (3) was substituted, ibid. [14] Heading was substituted by G. N. of 20.11.1982. [15] Regulation 5-A was substituted, ibid. [16] Clause (1) of principal regulation was deleted and clause (2) was renumbered
as clause (1) by G.N. of 9.7.1992. [17] Clause (3) of principal regulation was re-numbered as clause (2), ibid. [18] Clause (4) and (5) of the principal regulation were re-numbered as (3)
and (4) respectively, ibid. [19] Clause (4) and (5) of the principal regulation were re-numbered as (3)
and (4) respectively, ibid. [20] Inserted by G. N. of 9.7.1992. [21] Regulation 8 was substituted, ibid. [22] This clause was inserted by G. N. of 15.6.1989. [23] Clause (4) and (5) were inserted by G. N. of 16.1.1982. [24] Clause (5) was deleted by G.N. of 9.7.1992. [25] Regulation 10 was substituted, ibid. [26] Regulation 11 was substituted, ibid. [27] Regulation 12 was substituted by G. N. of 9.7.1992. [28] Regulation 12A was inserted by G. N. of 9.7.1992. [29] Regulation 13 was substituted, by G. N. of 9.7.1992. [30] Regulation 14 was substituted by G. N. of 27.11.1984. [31] Regulation 14A was inserted, ibid. [32] Regulation 15 was substituted by G. N. of 9.7.1992. [33] Regulation 16 was substituted by G. N. of 8.8.1985. [34] Clause (4) was deleted by G. N. of 9.7.1992. [35] These words were substituted for the words "Allotment
Committee" by G. N. of 9.7.1992. [36] The words "not yet" were deleted by G. N. of 20.11.1982. [37] Clause (6A) was inserted by G. N. of 27.11.1984. [38] Clause (7) was substituted, ibid. [39] Chapter III-A was inserted by G. N. of 20.11.1982. [40] Regulation 23A was substituted by G. N. of 20.11.1982. [41] These Words were substituted for the words prior to the allotment by G. N. of 15.6.19893 [42] The words is eligible for allotment of the tenement under
the scheme and were deleted by G. N. of 20.11.1982. [43] Inserted by G. N. of 27.11.1984. [44] Sub-Regulation 2 was substituted, ibid. [45] Regulation 25A was inserted by G. N. of 20.11.1982. [46] These words were substituted for the words "a housing society or a
company" by G. N. of 20.11.1982. [47] These words were substituted for the words "such tenement" by
G. N. of 27.11.1984. [48] Regulation 29 was substituted by G. N. of 9.7.1992. [49] Regulation 31A was inserted by G. N. of 20.11.1982. [50] These words were substituted for the words "BHADB", ibid. [51] Clause (6) was deleted and clause (7) was re-numbered as clause (6)
ibid. [52] Regulation 35A was substituted by G. N. of 14.10.1993. [53] Sub-regulations (5) to (8) were inserted by G. N. of 16.1.1982.THE MAHARASHTRA HOUSING AND AREA
DEVELOPMENT (ESTATE MANAGEMENT, SALE, TRANSFER AND EXCHANGE OF TENEMENTS)
REGULATIONS, 1981
PREAMBLE