G.R. Dt. 14th March, 2024 – Department of Urban Development – Sub- Supplementary Guidelines regarding Leasehold Municipal Properties in Maharashtra
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Regarding issue of Additional Guidelines regarding the Lease Period under the Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2023
Government of Maharashtra
Department of Urban Development
Government Resolution No:- NaMaPa-1221/Pra.Kra.166/NaVi-26
Mantralaya, Mumbai-400 032
Dated 14th March, 2024
Vide:-
1] The Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2023 published in the Maharashtra Government Gazette Extraordinary, Part 4(B), Dated 6th November, 2023.
2] Government Resolution of Even Number Dt. 7th November, 2023 issued for the effective implementation of the said Rules, by way of Additional Guidelines.
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Preface:-
Under Section 79(c) of the Maharashtra Municipal Corporations Act, 1949, the State Government has the powers to transfer the immovable properties belonging to the Municipal Corporations or the rights therein, by way of lease or to execute transfers thereof and also has the powers to frame Rules, in this regard. In furtherance of these powers the Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2019 were superseded and the Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2023 were notified on the 6th November, 2023. Pursuant to the objections and suggestions received from the people’s representatives, citizens, entrepreneurs and others in this regard, a comprehensive Government Resolution Dt. 7th November, 2023 was issued by way of Guidelines for the effective implementation, thereof.
2. The period of lease has been specified in Rule 6 of the Rules published on 6th November, 2023. According to this provision, the Municipal Corporation and the lease holder should amicably settle the period of lease or the renewal thereof. The lease shall be initially for the period of up to ten years and that the total lease period should not exceed thirty years. The provisions to this effect have been stipulated therein.
3. The Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2023, now stands extended to the whole of the State. It has been noticed that some difficulties are arising at the level of Municipal Corporations vis-à-vis the period of lease as stipulated in these Rules. These inter-alia include, shortage of demand for the lease of properties on account of shorter period of lease, receipt of lower lease amounts etc. As a remedy, the Government contemplated the matter of issuing Supplementary Guidelines vis-à-vis Rule No. 6 of the Rules already issued pertaining to tenure of the Lease.
Government Resolution:-
For the effective implementation of The Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2023, following Supplementary Guidelines are hereby issued which would govern the matter of lease of property, as well as renewal and transfer, thereof.
2. In Rule 6 of the Maharashtra Municipal Corporations (Transfer of Immovable Property by Lease and Renewal of Lease) Rules, 2023 dealing with period of lease, it has been so stipulated that the Municipal Corporation and the Lease Holder should amicably settle the period of lease or renewal thereof, that initially the lease shall be for the period of up to ten years and that the total period of lease should not exceed thirty years. Notwithstanding this, while proceeding in the matter of period, the Municipal Corporations as per exigency of situation, should act as per the following Guidelines:-
“Municipal Corporations and Lease Holders should amicably settle the period of lease or renewal thereof. Municipal Corporations at their level can lease out properties for the period of up to 10 years. However, while leasing out properties for which there is demand for the period exceeding 10 years, Government sanction should be obtained before letting out such properties.”
3. This Government resolution has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.in and its Code Number is 202403141250212625. This Government Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
VIDYA RAMAPPA HAMPAYYA – Digital Signature
[Vidya Hampayya]
Deputy Secretary, Government of Maharashtra
To,
1] The Secretary to the Hon’ble Governor, Raj Bhawan, Mumbai,
2] The Additional Chief Secretary to the Hon’ble Chief Minister, Maharashtra State, Mantralaya, Mumbai,
3] The Principal Secretary to the Hon’ble Deputy Chief Minister-cum-Minister (Finance and Planning), Maharashtra State, Mantralaya, Mumbai,
4] The Principal Secretary to the Hon’ble Deputy Chief Minister-cum-Minister (Home, Law & Judiciary), Maharashtra State, Mantralaya, Mumbai,
5] The Private Secretary to the Hon’ble Leader of Opposition in the Legislative Assembly, Maharashtra State, Mumbai,
6] Hon’ble Leader of Opposition in the Legislative Council, Maharashtra Legislature, Mumbai,
7] All Hon’ble Members of the Legislative Assembly and Legislative Council,
8] The Joint Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
9] The Personal Assistant to the Principal Secretary (Urban Development-1), Mantralaya, Mumbai,
10] The Personal Assistant to the Principal Secretary (Urban Development-2), Mantralaya, Mumbai,
11] All Municipal Commissioners,
12] Select File (NaVi-26).
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[Text Translated by Adv. Prakash Manohar Chalke
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