G.R. Dt. 14th March, 2024 – Department of Urban Development – Sub- Policy for Renewing Lease of Schedule “W” B.M.C Plots and Gymkhanas
——————————————————
Policy for the Renewal of Mahalaxmi Racecourse, various Gymkhanas and similar Plots specified in Schedule “W” to the Mumbai Municipal Corporation Act, 1888
Government of Maharashtra
Department of Urban Development
Government Resolution No:- BMC-2524/Pra.Kra.81 (Part-1)/NaVi-21
Mantralaya, Mumbai-400 032
Dated 14th March, 2024
Reference:-
1] The Mumbai Municipal Corporation Act, 1888.
2] Government resolution in the Department of Urban Development, bearing No:-BMC-2516/Pra.Kra.280/Na.Vi-21, Dt. 15.03.2017.
2] Government Resolution in the Department of Revenue and Forest, bearing No:-Jamin-2512/08/Pra.Kra.51/J-2, Dated 23.06.2017.
3] Government Resolution in the Department of Revenue and Forest, bearing No:- Jamin-2512/08/Pra.Kra.51/J-2, Dated 16.11.2018.
——————
Preface:-
The properties specified in Schedule “W” to the Mumbai Municipal Corporation Act, 1888 belong to the Government and they have been vested in the Mumbai Municipal Corporation for Greater Mumbai. Such properties are let out by the Municipal Corporation for various periods. On the termination of lease period, ownership of such properties as provided in Section 91B(2) of the Mumbai Municipal Corporation Act, 1888, automatically reverts back to the Government. Hence, the Policy for the Renewal of Lease of such properties is required to be fixed by the Government. Accordingly, a Policy for the Renewal of lease of properties specified in Schedule “W” has been fixed under Government Resolution in the Department of Urban Development at Reference No. 2 above, Dt. 15.03.2017. This Policy expressly specifies that the Renewal of properties such as Mahalaxmi Racecourse, various Gymkhanas and such similar plots shall be carried out with the sanction of Government and for effecting such renewal separate orders shall be issued vis-à-vis the Rates of Lease Rent, as well as computation and levy, thereof.
Against the aforesaid backdrop, the Government contemplated the matter of laying down a comprehensive Revised Policy regarding Renewal of Lease of government lands specified in Schedule “W” let out to Gymkhanas/Clubs within the areas of Municipal Corporation for Greater Mumbai. In this regard, pursuant to the sanction accorded by the Cabinet in its Meeting Dt. 11.03.2024, the Government now proceeds to resolve as hereunder, vis-à-vis Renewal of Lease of lands specified in Schedule “W” within the areas of Municipal Corporation for Greater Mumbai and for such other ancillary matters.
Government Resolution:-
02. The Gymkhanas/Clubs standing on government lands specified in Schedule “W” to the Mumbai Municipal Corporation Act, 1888 within the areas of the Municipal Corporation for Greater Mumbai, are hereby classified on the basis of the area of lands let out on lease.
| Sr. No. | Area Limits | Class of Gymkhanas |
| 1. | Above 20,000 Sq. Mt. | “A” Class |
| 2. | 10,000 Sq. Mt – 20,000 Sq.Mt | “B” Class |
| 3. | Less than 10,000 Sq. Mt | “C” Class |
03. The Gymkhanas standing in government lands, should be classified on the basis of their area and where lease tenure of any Gymkhanas/Clubs has already concluded, it would be permissible to renew their lease on the following Terms and Conditions, as well as such other consistent conditions as the Commissioner of the Municipal Corporation for Greater Mumbai, may deem fit and proper, with sanction of the Government.
Terms and Conditions:-
1. While carrying out deemed renewal of the lease of Gymkhanas, Lease Rent should be charged from the date of determination of lease up to 31.12.2016 as per the prevailing Rates, in conformity with the prescribed Rules and provisions, and the Lease Rent for the period thereafter i.e. with effect from 01.01.2017 should be charged at Revised Rates and the amount of difference should be recovered. While charging Annual Lease rent in this manner, interest should not be charged on the arrears of Rent.
2. While effecting deemed renewal of the lease of Gymkhanas, Lease Rent for the period from the date of determination of Lease Agreement till the date of renewal thereof, should be charged and recovered as per the prescribed Rules for the entire plot area covered by Renewal of Lease Agreement, since such plot has already been used.
3. It shall be lawful for the State Government to let to the Mumbai municipal Corporation a fresh lease of lands specified in Schedule “W” as per the provisions stipulated in Section 91B(2) of the Mumbai Municipal Corporation Act, 1888, for a period not exceeding 30 years, for the purposes specified in Section 91 C of the said Act and thereafter the said land shall re-vest in the Municipal Corporation.
4. As provided in Section 91B(4) of the Mumbai Municipal Corporation Act, 1888, the Municipal Corporation may revise the Rates of Lease Amount at the interval of every 10 years. However, while revising such Rates, the Municipal Corporation shall be duty bound to comply with the Policy laid down by the Government in the Department of Revenue and Forest, vis-à-vis lease of government land.
5. In view of the Amendment to Rule 7 of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, under Notification Dt. 31st December, 2015, the renewal of lease of government lands let out to Gymkhanas/Clubs should be effected for a maximum period of 30 years, in conformity with the prescribed Rules. Moreover, the amount of lease rent accruing from the government lands let out to the concerned Gymkhanas for the period following 1st January, 2017, should be charged and recovered on 10% of the cost of lands set out in the Annual Statement of Rates, at the following Rates, in conformity with the prescribed Rules:-
| (i) | Gymkhanas under “A” Classification | 1% Rate of the aforesaid Amount |
| (ii) | Gymkhanas under “B” Classification | 0.5% Rate of the aforesaid Amount |
| (iii) | Gymkhanas under “C” Classification | 0.25% Rate of the aforesaid Amount |
6. An increment of 4% should be made to the Rate of Lease Rent fixed as per Condition No.(5) above, each year.
7. At the interval of every 10 years following 1stJanuary, 2017, the Annual Lease Rent should be computed on the basis of the cost of government lands leased out to the concerned Gymkhanas as set out in the prevailing Statement of Market Rates and the Annual Lease Rent worked out as per Condition No.(5) above and the Annual Lease Rent for the corresponding year as per aforesaid Condition No.(6), whichever being more, should be charged and recovered.
8. Before carrying out Redevelopment of the existing structures on the government lands leased out to Gymkhanas, as well as before undertaking new construction, it would be necessary to obtain prior permission of the Government, as well as the concerned Planning Authority.
9. In the first Renewal/New Lease Agreement of the Lease given to the Mahalaxmi Racecourse, various Gymkhanas and various clubs, the Hon’ble Chief Minister shall have the powers to nominate 50 Life Members (free-of-cost). The Hon’ble Chief Minister shall also have the powers to nominate 3 Life Members (free-of-cost) to the Mahalaxmi Racecourse, various Gymkhanas and such similar clubs, each year.
10. The Commissioner of the Municipal Corporation for Greater Mumbai shall be the Ex-Officio Member on the Managing Committee of such Gymkhanas/Clubs.
11. It would be incumbent to draw 5% Members of the total Membership strength of the Gymkhanas as “Service members” from Class “A” Officers in the service of the Central Government/State Government/Municipal Corporation for Greater Mumbai. Such Membership shall subsist during the period when the said Officer is posted in the concerned district. Furthermore, Membership of “Service Members” shall be free-of-cost. Moreover, subject to the aforestated 5% limit, the concerned Gymkhanas/Clubs shall be obliged to admit such class “A” Officers in the service of the Central Government/State Government/Municipal Corporation for Greater Mumbai as “Service Members”, as the State Government may recommend in this regard.
12. For the effective co-ordination of affairs pertaining to the Mahalaxmi Racecourse, various Gymkhanas and similar Clubs, the Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai and the Deputy Secretary (UD-21/Municipal Corporation for Greater Mumbai Desk), Department of Urban Development. Mantralaya, Mumbai shall act as the Ex-Officio Members and the competent officers authorised by them, from time to time, shall be eligible to attend the ancillary matters.
13. The Gymkhanas who have been leased out government lands shall be at liberty to undertake non-sports Programmes on the grounds attached to the Gymkhanas as per the provisions of stipulated in Section 37A of the Maharashtra Regional and Town Planning Act, 1966. Before organizing such non-sports Programmes, the concerned Gymkhanas would be required to give a prior Notice thereof to the Commissioner of the Municipal Corporation for Greater Mumbai and further obliged to pay in advance the License Fees prescribed therefor. The use of grounds/open spaces for non-sports activities cannot exceed 45 days in a given calendar year. Such Gymkhanas would be obliged to provide online service for the reservation of Gymkhana grounds for non-sports Programme.
14. While renting out the grounds leased out by the Government to the Gymkhanas for non-sports purposes as per the provisions of Section 37A of the Maharashtra Regional and Town Planning Act, 1966 and subject to the annual limit prescribed therein, License Fees as set out hereunder, should be recovered.
(i) Under the Policy prescribed by the Municipal Corporation for Greater Mumbai, the amount set out in the following Table, whichever being more, should be charged from the concerned Gymkhanas towards License Fees for Non-Sports purposes by the Municipal Corporation for Greater Mumbai in Mumbai City and Mumbai Suburban District.
| Sr. No. | Classification of Gymkhanas | License Fees to be charged for Non-Sports Programmes, Each Day |
| 1] | “A” Class | Rs. 15,00,000/- |
| 2] | “B” Class | Rs. 10,00,000/- |
| 3] | “C” Class | Rs. 5,00,000/- |
(ii) If a Gymkhana organizes more than one Non-Sports Programmes on the same day, separate License Fees should be charged for each such Non-Sports Programme.
(iii) If a Non-Sports Programme is organized without giving prior Notice to the Commissioner of Municipal Corporation for Greater Mumbai and without depositing in advance the requisite License Fees, then the concerned Gymkhana would be obliged to pay the equal amount of fine, along with the original License Fees.
15] The Government shall have the powers to use the government land leased out to Gymkhanas for government and public purposes, as well as government sponsored programmes on priority basis and without any consideration for 7 days in any calendar year and the decision of the State Government and the Commissioner of the Municipal Corporation for Greater Mumbai, in this regard, shall be binding on the Gymkhanas.
16] For the Non-Sports Programmes in the Gymkhanas, the Gymkhanas cannot force to avail the service of Catering/Decorating Contractors fixed by them. The Gymkhanas shall be obliged to permit the Programme Organizers to choose their own Contractors.
17] The commercial, as well as other ancillary user of the Gymkhanas would be permissible, subject to the provisions of the prevailing Development Control Regulations, as well as with prior permission of the Planning Authority, Commissioner of the Municipal Corporation for Greater Mumbai and the Government.
18] The Commissioner of the Municipal Corporation for Greater Mumbai is hereby empowered to apprise the concerned parties regarding ancillary terms and conditions governing Lease Agreements or Agreements for the renewal of lease pertaining to Mahalaxmi Racecourse, various Gymkhanas and such similar plots set out in Schedule “W” and all other plots of land specified in Schedule “W” to the Mumbai Municipal Corporation Act, 1888, to duly hear the concerned parties and to initiate necessary action after grant of final sanction by the Government for the proposals in this regard.
19] This Policy shall be applicable to all Gymkhanas on government lands and open spaces set out in Schedule “W” under the jurisdictional control of the Municipal
Corporation.
20] While executing Lease Agreements/Renewal of Lease Agreements pertaining to Mahalaxmi Racecourse, various Gymkhanas and such similar plots set out in Schedule “W”, as well as all other properties set out in Schedule “W” to the Mumbai Municipal Corporation Act, 1888, all the aforesaid stipulations contained in this Government Resolution should be specifically incorporated in the relevant Lease Agreement.
21] A Review of revenue collection from various Programmes organized at Mahalaxmi Racecourse, various Gymkhanas and such similar plots set out in Schedule “W”, as well as all other plots of lands specified in Schedule “W” to the Mumbai Municipal Corporation Act, 1888, of various difficulties arising from such plots, as well such as other ancillary matters shall be conducted, from time to time, at the level of Municipal Corporation for Greater Mumbai and at the level of the Principal Secretary (UD-2), Department of Urban Development, Mantralaya, Mumbai at the interval of every three months.
04. This Government Resolution has been issued pursuant to the opinion given by the Department of revenue and Forest, Department of Finance and the Department of Law and Judiciary, as well as the sanction accorded by the Cabinet in its Meeting Dated 11.03.2024.
05. This Government Resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Computer Code Number is 202403111504377125. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
GOVINDARAJ KORAMANNA HIRANYA GOWDA – Digital Signature
[Dr. K.H.Govindaraj]
Principal Secretary (Urban Development-2)
Copy:-
1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,
2] The Additional Chief Secretary and Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
3] Hon’ble Chairperson, Legislative Council/Hon’ble Speaker, Legislative Assembly,
4] Hon’ble Leader of Opposition in the Legislative Council/Hon’ble Leader of Opposition in the Legislative Assembly,
5] All Hon’ble Members of the Legislative Assembly and Legislative Council,
6] The Joint Secretary to the Hon’ble Chief Secretary,
7] The Accountant General (Accounts & Entitlement/Audit), Maharashtra-1, Mumbai,
8] The Accountant General (Accounts & Entitlement/Audit), Maharshtra-2, Nagpur,
9] The Hon’ble Advocate General, High Court of Bombay, Mumbai,
10] All Additional Chief Secretaries/Principal Secretaries/Secretaries to the Government,
11] All Municipal Commissioners in the Mumbai Metropolitan Region,
12] The Commissioner, the Municipal Corporation for Greater Mumbai, Mumbai,
13] The Metropolitan Commissioner, Mumbai Metropolitan Region Development Authority, Bandra (East), Mumbai,
14] The District Collectors, Mumbai City/Mumbai Suburban District,
15] All Joint Secretaries/Deputy Secretaries/Under Secretaries/Section Officers in the Department of Urban Development, Mantralaya, Mumbai,
16] Select File (Karya-NaVi-21).
——————————–
[Text Translated by Adv. Prakash Manohar Chalke-
Copyright Reserved]©
@@@@@@@@@