Govt. Circular Dt. 4th March, 2024 – Department of Housing – Sub- Implementation of Senior Citizens Policy by MHADA
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Regarding Implementation of the Comprehensive Senior Citizen Policy – 2013 of the State
Government of Maharashtra
Department of Housing
Government Circular No:- Sankirna-2024/Pra.Kra.17//GruNiBhu
Mantralaya, Mumbai- 400 032
Dated 4th March, 2024
Vide:-
[1] Government Resolution in the Department of Social Justice and Special Assistance, bearing No:- Jesthana-2016/Pra.Kra.71/SamaSu, Dt.09.07.2018.
[2] Government Circular in the Department of Housing, bearing No:- Sankirna-2022/Pra.Kra.121/GruNiBhu, Dt.07.10.2022.
[3] Order Dt. 07.02.2024 by the Hon’ble High Court, Mumbai (Original Side) in Writ Petition (Stamp) No. 2586/2024.
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CIRCULAR
Articles 39C and 41 pertaining to the Directive Principles of State Policy contained in the Indian Constitution contemplated that a Senior Citizen should be well placed. Having regard to the social status of senior citizens, the State Government declared the State Senior Citizen Policy, 2004 (Part-1) on 14.06.2004 with a view to making their life in the community better, maintaining their physical/mental health in good condition and for providing them with right to work, right to education and public assistance in their old age, commensurate with their financial capacity. Thereafter the Hon’ble Cabinet accorded its sanction for the comprehensive policy of the State on 30.09.2013. Accordingly, the Department of Social Justice and Special Assistance, vide the aforesaid Government Resolution at Serial No. 1 Dt. 9th July, 2018 has issued instructions vis-à-vis the action to be taken in furtherance of the comprehensive Senior Citizen Policy of the State Government. In furtherance thereof, under the above referred Government Circular at Sr. No.2, Dt.07.10.2022 instructions have been issued to the Maharashtra Housing Authority and its Regional Boards subordinate to the Department of Housing vis-à-vis the decision taken in the matter of State Government’s comprehensive Senior Citizen Policy. Lately, the Hon’ble High Court, Mumbai, vide its Order at Reference No.3 above, has instructed that a Policy should be framed in the matter of shelter of Senior Citizens, so as to ensure that the Senior Citizens, in view of their social status, can spend their old age in a better manner and that the Senior Citizens should not be harassed by delay in the Housing Redevelopment Projects in the State. Accordingly, the Maharashtra Housing Authority and its Regional Boards, subordinate to the Department of Housing should proceed to take the following action vis-à-vis the comprehensive Senior Citizens Policy of the State Government.
1. Article 226 of the Constitution of India guarantees Right to Shelter to Senior Citizens in their old age and their fundamental rights cannot be abridged. Hence, appropriate action should be taken to protect such rights.
2. The MHADA Authority should ensure that the Redevelopment Projects are completed within their prescribed period, so that old citizens would not be deprived of their house.
3. To exercise regular control over the projects pertaining to Senior Citizens, Project Implementation and Control Committee should be set up at the level of MHADA, which would comprise the concerned Deputy Chief Engineer, Executive Engineer, the concerned Project Developer and 2 (two) Representatives of the Senior Citizens from the concerned Project. Furthermore, a Meeting of this Committee should be held on the first Tuesday of each month. Minutes of this committee meeting should be regularly submitted to the concerned Chief Officer. The Chief Officer of the concerned Board should hold a quarterly meeting of the committee vis-à-vis Redevelopment of the buildings of old citizens.
4. If it is so noticed that the Developer is committing lapses in the implementation of the Project or its quality, the MHADA should proceed to issue a “Show Cause” Notice every month and in all three Notices to the concerned Developer and despite this if the Developer does not show improvement in the implementation of the Project, the appointment of the Developer should be revoked at the instance of the Implementation Committee or on the written requests of majority of the old residents from the concerned buildings.
5. To resolve the complaints of old residents in the matter of Redevelopment of their buildings an officer of the rank of Executive Engineer should be appointed as the Grievance Redress Officer at the level of MHADA Head Office and at the Board level in other Boards.
6. To resolve the complaints of old residents in the matter of Redevelopment of their buildings, Grievance Redress and Monitoring System should be commissioned at the level of MHADA Head Office in Mumbai and at the Board level in other Boards.
6. In the implementation of a Redevelopment Project, the MHAD Authority should give priority for providing necessary facilities and amenities from the perspective of Senior Citizens.
7. Guidelines should be drawn for the provision of facilities and amenities to the Senior Citizens in all residential, commercial and other complexes of the MHAD Authority.
8. In the Housing Projects to be implemented by the MHADA Authority, Ramp and other amenities should be provided to the disabled Senior Citizens, as per the provisions of the Rights of Persons with Disabilities Act, 2016.
3. The Vice-President and Chief Executive Officer of the MHADA should bring the provisions of the aforesaid Circular to the attention of the Maharashtra Housing Authority and the Departmental Heads of the Regional Boards thereunder and all the concerned parties and instruct them to take necessary action, accordingly. It should be ensured that the aforesaid provisions are scrupulously complied with.
4. This Circular has been made available on the website of the Government of Maharashtra viz. www.maharashtra.gov.inand its Computer Code Number is 202403041629406509. This Circular is attested and issued under Digital Signature.
By the order and in the name of the Governor of Maharashtra,
ADITI ASHOK LEMBHE – Digital Signature
[Aditi Ashok Lembhe]
Desk Officer, Government of Maharashtra
To,
[1] The Secretary to the Hon’ble Governor,
[2] The Principal Secretary to the Hon’ble Chief Minister,
[3] The Additional Chief Secretary (Housing), Department of Housing, Mantralaya, Mumbai-400 032,
[4] The Vice-President and Chief Executive Officer, Maharashtra Housing and Area Development Authority, Griha Nirman Bhawan, Bandra (East), Mumbai-400 051,
[5] All Chief Officers, Mumbai/Konkan/Pune/Nashik/Nagpur/Amravati, Housing and Area Development Boards,
[6] All Deputy Secretaries/Under Secretaries, Department of Housing, Mantralaya, Mumbai,
[7] The Private Secretary to the Hon’ble Minister (Housing), Mantralaya, Mumbai-400 032,
[8] Select File (GruNiBhu-Desk), Department of Housing, Mantralaya, Mumbai.
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[Text Translated by Adv. Prakash Manohar Chalke
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