G.R. Dt. 25th July, 2019 – Department of Revenue and Forest – Sub- Procedure regulating Allotment of Government Lands to Charitable Bodies in Maharashtra
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Prescribing Procedure for the Allotment of Government Lands to Charitable Bodies for Cultural, Medical, Educational, Social or other Charitable Purpose
Government of Maharashtra
Department of Revenue and Forest
Government Resolution No: Jamin-2018/Pra.Kra.38/J-1,
Madam Cama Marg, Hutatma Raj Guru Chowk,
Mantralaya, Mumbai- 400 032
Dated:- 25th July, 2019
Vide:-
[1] Section 40 of the Maharashtra Land Revenue Code, 1966.
[2] Rules- 5 and 50 of the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971.
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Preface:-
At present there is no prescribed Procedure which should be followed while handling the cases involving grant of Government lands to Charitable Bodies in the State for cultural, medical, educational, social or other charitable purposes. Hence, it has become imperative to lay down a procedure vis-à-vis the grant of Government lands by Lease/Occupancy Rights to Charitable Bodies for cultural, medical, educational, social purposes, or for charitable inns, orphanages or for other charitable purposes.
While laying down such Procedure, it would be necessary to take into consideration the following aspects:-
(i) Charitable Bodies work with a spirit of service for the aforesaid purposes and by rendering services of charitable nature to the Society in their given fields, they, thereby, relieve the burden of the State Government vis-à-vis such services.
(ii) Furthermore, if such Government Bodies were to be allotted Government lands by mode of auction or by charging the full Market Value, thereof, the Bodies which are not financially so sound, but which have made substantial contribution in their given fields, would be deprived of an opportunity for expansion and providing services on a large scale to the community. Moreover, if Government lands are granted either by auction or by charging their full Market Value for the aforesaid charitable purposes, it would not be practicable to expect such Bodies to provide their services to the weaker sections of the society, either free of cost or at concessional rate.
Against the aforesaid backdrop, the Government contemplated the matter of fixing a Procedure vis-à-vis, the allotment/distribution of Government lands to Charitable Bodies for cultural, medical, educational, social purposes or for the purpose of charitable inns, orphanages or other charitable purposes.
Government Resolution:-
In the exercise of the powers conferred under the provisions of the Maharashtra Land Revenue Code, 1966 and the Maharashtra Land Revenue (Disposal of Government Lands) Rules, 1971, a Procedure as described below is fixed under this Government Resolution for the Allotment of Government lands to Charitable Bodies for cultural, medical, educational, social purposes or for charitable inns, orphanages or for other charitable purposes and in furtherance, thereof, following directions in the nature of Guidance are hereby issued to the Field Revenue Officers and Authorities:-
1. Compiling Data pertaining to Government Lands which are available for Allotment without any hindrance:-
All District Collectors, in the first instance, should prepare village-wise lists of Government lands in their districts which are available for allotment without any hindrance. While preparing such lists information should be gathered regarding Gutt Numbers/Cadastral Numbers of such lands, area of land, available access roads towards such lands etc
2. Examining the Use of Lands available for Allotment without any hindrance under Development Plan/Regional Plan:- District Collectors should obtain from the concerned Local Development Authority, Special Planning Authority or the Competent Authority, the information pertaining to the permissible use of each of the lands which are available for Allotment without any hindrance under the Development Plan/Regional Plan and record entries regarding permissible uses of such lands against the respective lands in the lists prepared as per Sr. No.1 above. If use of one land is permissible for more than one purpose then entry to that effect should be taken in such list.
If there is a specific reservation on a land, such land should be used only for the development of such reservation. Only when the concerned Local Self-Government Body/Planning Authority is not responsible for carrying out development of the concerned land that the Intent of Land Allotment shall be published. Where the responsibility of carrying out development of a reservation rests with the Local Self-Government Body/Planning Authority, in such cases, the lands covered by such reservations shall be transferred to the concerned Local Self-Government Body/Planning Authority.
3. Submitting to the Government Proposals vis-à-vis Government Lands which are available for unhindered Allotment:-
Once the permissible use of the Government lands which are available for unhindered allotment is fixed, District Collectors shall submit to the Government Detailed Proposals regarding such lands which shall, inter-alia, include the details of such lands and their permissible uses and if District Collectors have received any requisition vis-à-vis such lands, then the District Collectors shall also details with the Proposals.
4. Scrutiny of the Proposals received from District Collectors at the Government Level:- Once data regarding availability of the lands available for unhindered allotment along with their permissible uses, is received from the District Collector, such information shall be scrutinized at the Government level. Upon conclusion of scrutiny, the Government shall decide about the use of such Government lands. While taking such decision the Government shall take a decision as to which amenity is required to be erected on such land in the wider public interest and, accordingly, fix the purpose for which the said land should be used. After considering the purpose for which the Government land is to be used and the amenity to be erected thereon, the Government shall fix the Terms of Eligibility for the purpose of allotment of such land in favour of Persons/Bodies. These Terms shall, inter-alia, include conditions vis-à-vis experience of the Persons/Bodies in their given fields, eligibility, financial capacity, their capacity to continue smooth operation of the service for sustainable period etc. After fixing the Terms/Conditions regarding the proposed use of the concerned land and the eligibility of Persons/Bodies for the purpose of allotment as described above, the Government shall instruct the concerned District Collector to give extensive publicity for the Intent of Allotment of the concerned land for the purpose fixed as aforementioned, as well as the Terms/Conditions governing eligibility of the Persons/Bodies for the purpose of allotment.
5. Inviting Applications for the Allotment of Land which are available for unhindered Allotment:- District Collectors shall give extensive publicity for the purpose fixed by the Government, the Terms and Conditions guiding the eligibility of the prospective Applicants, details of the available lands, as well as the Intent of Allotment to be made to the eligible Person/Body for the specific purpose. For this purpose, apart from publishing the Memorandum of Intent in the form of Advertisement in newspapers, the same should also be published in the form of Notice in all Tahsil Offices in the District, as well as in all major offices of the Administrative Agency in the District which is concerned with the said purpose. Apart from this, District Collectors should ensure that the said Intent is extensively published on the website of the District Collector’s office. While arranging for such publicity, all necessary details of lands, e.g. area of land, location, access roads etc. should be provided by the District Collectors. Such publicity shall include the requisite conditions governing eligibility for the purpose of allotment of such land and it should also specify the date by which the application is to be filed.
Where before publication by the District Collector of the Intent of Allotment of any land, any Persons/Body has already made a demand for the concerned land for the purpose of its permissible use, the District Collector, apart from giving extensive publicity for the Intent of Allotment of such land, as described above, should also apprise such other Person/Body and invite their applications. Before giving such publicity, the Persons/Bodies who have already applied for the allotment of land should be notified in writing that in response to such advertisement/publicity they should apply afresh and that their previous Applications have been disposed of.
6. Preliminary Scrutiny of the Application on their receipt:- All applications received in response to the Intent of Allotment published by the District Collector, within the prescribed period, should be subjected to Preliminary Scrutiny at the level of the District Collector. While carrying out such scrutiny, it should be ascertained at the District Collector’s level, as to whether the concerned Applicants are fulfilling the Terms and Conditions, as well as criteria for eligibility prescribed by the Government.
7. Submitting Proposals to the Government through Divisional Commissioners:- District Collectors, without any delay, should forward to the Divisional Commissioner, applications of the Persons/Bodies, who are found eligible during Preliminary Scrutiny, along with all documents, as well as their own elaborate/detailed Reports, in that regard, for the purpose of submission of a Proposal to the Government. District Collectors should submit an advance copy of this Proposal to the Government.
The office of the Divisional Commissioner should undertake an in-depth scrutiny of the proposals submitted by the District Collector and forward such Proposals, as early as possible, to the Government, together with their self-clear opinion, in that regard. If Divisional Commissioners find any anomaly/non-compliance in the Proposals submitted by the District Collector, during the course of scrutiny, they should promptly call for the explanation/clarification vis-à-vis such anomaly/non-compliance from the District Collector’s office and proceed to submit such Proposals to the Government. The office of District Collector and the office of Divisional Commissioner should ensure that such Proposals shall not linger on in their offices.
8. Scrutiny of the Proposals at Government Level:- The Proposals received from the office of Divisional Commissioner for the grant of Government lands for cultural, medical, educational, social purposes or for charitable inns, orphanages or for other charitable purposes should be scrutinized at the Government level, as described below:-
(a) If only one Person’s/Body’s Application has passed the Preliminary Scrutiny in such Proposal, the Department should carry out an in-depth scrutiny, thereof. While carrying out such verification/scrutiny, it should be ascertained as to whether the proposed land grant would meet the purpose of use of land fixed by the Government. Similarly, it should also be ascertained as to whether the Person/Body interested in the allotment of such land meets the Terms/Conditions of eligibility for the purpose of allotment of such land fixed by the Government. Thereafter advice of the Department which is concerned with the proposed purpose of user, as well as the advice of the Department of Finance, vis-à-vis price of such land, if so necessary, should be obtained on the file and the Department of Revenue and Forest should proceed to submit an appropriate Proposal to the Government. If during the course of scrutiny at the Government level, such Person/Body is found ineligible for the purpose of land allotment or for any other reason, it is not possible to make grant of such land/plot to the concerned Person/Body, then with the approval of the Government the Applicant/Person/Body should be given an Intimation in writing, along with the reasons, thereof, by the District Collector. On the other hand, if such Person/Body is found fit for the allotment of plot after scrutiny made at the Government level, then with the sanction of the Government, necessary orders incorporating appropriate Terms/Conditions, thereof, should be issued.
(aa) Where applications made by more than one Person/Body are found to have passed the Preliminary Scrutiny in the Proposal received through the Divisional Commissioner, then following steps should be initiated at the level of the Department of Revenue.
(i) There shall be a Committee presided over by the Secretary/Principal Secretary/Additional Chief Secretary (Department of Revenue, Stamps and Registration) for carrying of scrutiny of such Proposals, which shall include the Secretary/Principal Secretary in the Department of Finance and the Department of Urban Development (UD-1), as well as the Secretary/Principal Secretary in the Administrative Government Department which is concerned with the purpose for which the land grant is to be made. The concerned Deputy Secretary/Joint Secretary in the Department of Revenue and Forest shall act as the Member Secretary of the Committee.
(ii) After carrying out scrutiny of the applications which are found primarily fit on the basis of the Terms and Conditions fixed by the Government for the purpose of land grant, the said Committee shall decide the gradation of eligible Applicants and shall make recommendations of the Committee to the Department. Valuation of the eligible applications, so received, should be conducted on the basis of experience, qualifications, financial capacity, credibility and prior history of the Applicant Persons/Bodies in their given fields, as well as their capacity to continue the amenity for sustainable period, etc.
(iii) On the basis of the recommendations made by the Committee the Proposals for the grant of land should be duly submitted for the sanction of the Government by the Department.
(iv) The Government shall take an appropriate decision on the proposals submitted by the Committee, having due regard to the recommendations made by the Committee. If decision of the Government is not consistent with the recommendations of the Committee or contrary to the recommendations made by the Committee, then reasons thereof, should be recorded in writing.
(v) On the receipt of Government’s decision, orders should be passed for the grant of land with appropriate Terms/Conditions.
(vi) Notwithstanding the publication of Intent for the allotment of any land for a given purpose, the Government would not be obliged to carry out allotment of the said land. The Government may revoke the process of allotment at any stage.
(vii) All Applicants who are found ineligible during the course of Preliminary Scrutiny made by the District Collectors, as well as the Applicants whose request for the grant of land was not allowed at the Government level, should be given a written Intimation, thereof, by the District Collector.
9. Grant of Government lands to Extraordinarily Meritorious or Exceptionally Renowned Persons/Bodies:- Where Persons or Bodies having extraordinary merit or renown, apply to the Government, requesting for the grant of land for a purpose consistent with the permissible purpose for the use of any Government land, then in such cases, instead of inviting applications from other Persons/Bodies by giving open publicity for the allotment of such land, the Government, may call for a Report from the District Collector vis-à-vis such land and may decide to make a direct allotment of such land to such extraordinarily meritorious or renowned Persons/Bodies for the given purpose. However, while taking such decisions for the direct allotment of a land to such Person/Body, the Government shall specify the reasons as to why such Person/Body is extraordinarily meritorious or renowned in the concerned field, which shall also include achievements of such Person/Body at the State/National/International level, the honours/awards received by such Person/Body, the work done by him, etc. An Institute newly founded by such extraordinarily meritorious or renowned Person/Body, in the larger interest of community, may also be granted a land pursuant to their direct application for this purpose, by the aforesaid mode.
Notwithstanding the application for the grant of Government land made by an extraordinarily meritorious or renowned Person/Body, the Government would not be obliged to make a grant of land by direct mode. This is a discretionary power of the Government and in exceptional circumstances, the Government, may, exercise this discretionary power by recording the reasons, thereof.
10. Grant of Government Lands to Bodies carrying on or intending to carry on Research Work or the Persons/Bodies working for the Deprived and Weaker sections of the Society or for Disabled Persons:- If Persons or Bodies who undertake research or intend to undertake research in various fields or Persons/Bodies, who work for the deprived and weaker sections of the Society, as well as for the disabled persons require Government Lands in order to carry forward their work and make a direct demand for such land to the Government, then the Government, in exceptional cases, after calling for a Report from the District Collector, vis-à-vis such land and after assessing the proposal, may make a direct grant of the Government land to such Person/Body.
The Government will not be obliged to grant the Government land, so demanded, by the Body undertaking/intending to undertake research work or the Body working for the weaker and deprived sections of the Society and for the disabled persons, since this shall be a discretionary power, which the Government may use in exceptional circumstances.
11. Steps to be taken when the Educational Institutes working in the field of Higher and Technical Education require Government lands adjacent to the lands where the Institutes operate:- If Educational Institutes working in the field of higher and technical education, require Government lands adjacent to the lands where their Educational Institutes operate in order to procure the land as per the criteria of the concerned Central Regulatory Authority and make a direct demand for such land to the Government, then the Government, after calling for a Report from the District Collector vis-à-vis the land, so demanded, may decide to make a direct grant of the Government land equal to the balance land area required for the compliance of the area related criteria laid down by the concerned Central Regulatory Body in favour of such Educational Institute. However, the Government will not be obliged to grant the land as per the demand made by the Educational Institute.
12. Steps to be taken in the matter of Proposals already pending with the Government:- All the Proposals for the allotment of Government lands for cultural/medical/educational/social purposes or for community inns or orphanages or for other charitable purposes, which are under consideration at the Government level as on the date of enforcement of this Policy, should be consigned to Record and the concerned District Collectors should be directed to initiate the process for the allotment of such land, in conformity with this Policy. However, those cases in which the Government has already issued the Letter of Intent, the provisions of this Policy would not apply to the grant of land and allotment of land would be made by direct mode. The concerned District Collector should give an intimation to the said Person/Body that its application demanding the land for a given purpose has been consigned to Record and that in response to the Advertisement to be published the District Collector for the allotment of such land, it may apply as stipulated by the District Collector.
13. Where Government Lands are required by the Departments, Undertakings, Corporations of the State or Central Government or by the Local Self-Government Bodies for cultural, medical, educational, social or other charitable purpose, direct allotment can be made.
14. While making a grant of Government land by Occupancy Rights/Lease, in furtherance of this Policy, Occupancy Amount/Lease Amount should be fixed as per the provisions which are prevailing at the time of such Allotment.
02. This Government Resolution has been issued with the concurrence of the Department of Finance, vide its Informal Reference No.373/Vyaya-9/2018, Dt. 16th October, 2018.
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 201907251528332819. This Resolution is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
RAMESH SHIVAJI CHAVAN – Digital Signature
[Ramesh Chavan]
Deputy Secretary, Government of Maharashtra
Copy:-
[1] The Principal Secretary to the Hon’ble Governor, Maharashtra State, Raj Bhawan, Malbar Hill, Mumbai,
[2] The Principal Secretary to the Hon’ble Chief Minister, Mantralaya, Mumbai,
[3] The Private Secretary to the Hon’ble Minister (Revenue), Mantralaya, Mumbai,
[4] The Private Secretary to the Hon’ble Minister of State (Revenue), Mantralaya, Mumbai,
[5] The Hon’ble Chief Secretary Maharashtra State, Mantralaya, Mumbai,
[6] The Additional Chief Secretary (Finance), Department of Finance, Mantralaya, Mumbai,
[7] The Principal Secretary, Department of Law & Judiciary, Mantralaya, Mumbai,
[8] The Principal Secretary, Department of School Education & Sports, Mantralaya, Mumbai,
[9] The Principal Secretary, Department of Higher & Technical Education, Mantralaya, Mumbai,
[10] The Principal Secretary, Department of Public Health, G.T. Hospital Complex, Mumbai,
[11] The Principal Secretary, Department of Medical Education & Drugs, G.T. Hospital Complex, Mantralaya, Mumbai,
[12] The Principal Secretary, Maharashtra Legislature Secretariat, Mumbai,
[13] The Personal Assistant to the Additional Chief Secretary (Revenue, Stamp Duty and Registration), Mantralaya, Mumbai,
[14] The Accountant General (Accounts & Entitlement), Maharashtra-1/2, Mumbai/Nagpur,
[15] The Accountant General (Audit), Maharashtra -1/2, Mumbai/Nagpur,
[16] The Settlement Commissioner and Director of Land Records, Pune,
[17] The Inspector General of Registration and Controller of Stamps, Maharashtra State, Pune,
[18] The Director General, Directorate of Information and Public Relations, Mumbai,
[19] All Administrative Departments in Mantralaya,
[20] All Divisional Commissioners,
[21] All District Collectors,
[22] All Joint Secretaries/Deputy Secretaries in the Department of Revenue and Forest, Mantralaya, Mumbai,
[23] All Under Secretaries/Section Officers in the Department of Revenue and Forest, Mantralaya, Mumbai,
[24] The Pay & Accounts Officer, Mumbai,
[25] The Resident Accounts Officer, Mumbai,
[26] The Personal Assistant to the Deputy Secretary (J-1), Department of Revenue and Forest, Mantralaya, Mumbai,
[27] Select File (J-1).
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[Text Translated by Adv. Prakash Manohar Chalke
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