rules

Useful Information

B.M.C.- CHAPTER – 18 (MANUAL – 17)

18.1 Frequently asked questions and their answers by the public.

  1. Who sanctions D.P.?

First Development Plan for Mumbai was sanctioned by the Govt. of Maharashtra in the year 1967. The Municipal Corporation of Greater Mumbai had declared its intention to revise Development Plan for Municipal Corporation of Greater Mumbai on 13th January,1977 and after following provisions of Maharashtra Regional Town Planning Act,1966 draft Development Plan prepared by Municipal Corporation of Greater Mumbai was submitted to Govt. for sanction. The State Govt. has sanctioned Revised Development Plan in parts between the period July,1990 to year 1994 including Development Control Regulations for Greater Mumbai,1991.

The Development Plan consist of 127 D.P. Sheets showing the zoning of the Mumbai (residential, commercial, industrial, etc.) and the reservations, designations, allocations, etc.

  1. Whether D. P. Sheets can be purchased?

The D. P. Sheets can be purchased in the zonal Building Proposal offices at Byculla for City, Ghatkopar for Eastern Suburbs, Bandra for H&K Wards and Kandivali for P&R Wards on payment of fees.

  1. What are D. P. Remarks?
  1. P. Remarks are true part extract of Sanctioned Revised Development Plan published by the Govt. giving details of zoning and planning proposals. It also contains remarks whether plot is affected by Coastal Regulation Zone as per notification No.S.O.No.114E of 19.2.1991 of Ministry of Environment & Forest and provisions regarding Heritage listing.

The D. P. Remarks are not indicative of ownership rights of the property.

  1. Who can obtain D.P. Remarks & how?

Any applicant can submit application for D. P. Remarks of a property on the printed prescribed forms available for sale in Development Plan Department alongwith plans duly signed in triplicate to be prepared by the applicant. The plans submitted are marked with the provisions in the Sanctioned Revised Development Plan and returned with remarks from zoning point of view duly signed (1 copy).

A separate application for different holding (non-contiguous) is required to be

submitted alongwith certifying charges of Rs.160/- per CTS No. in the office on any working day. The application should be accompanied with Block Plan to the scale 1’=40’ (tallying with true extract plan from office of the City Survey & Land Records and Location Plan 1cm=25 mts.(1:2500) scale for city & for suburbs to the scale of 1:500 Block plan and location plan to the scale of 1:4000 in triplicate (Ammonia prints) showing the land with reference to the existing roads in the locality and C.S. boundaries and numbers comprised in the land (without showing proposed buildings, existing structures, roads etc.) thereon.

  1. How the Building Plans are approved?

The Architect or Licensed Surveyor submits the proposal for approving Building Plans on behalf of the owner/ Constituted Attorney of the owner alongwith requisite notices and forms and payment of fees in the Zonal Building Proposal offices.

  1. Whether copies of Building Plans can be obtained?

Any interested person i.e. person having interest in the property can apply for

Certified copies of Building Plan, intimation of disapproval (IOD), Commencement Certificate, Occupation Certificate issued to the building from the Zonal Building Proposal Office on payment of certification charges, etc. The cost of preparation of copy has to be borne by the applicant in addition to the certification charges.

  1. When clearance from Mumbai Heritage Conservation Committee is required?

Government had published list of buildings/ conservation areas, etc. for the preservation of Historical Monumental Precincts by introducing D.C.Regulation No.67 on 21.4.1995. Hence, clearance from Mumbai Heritage Conservation Committee is necessary in respect of any development in respect of listed heritage, new precinct and extension to area of precinct proposed.

  1. What is Transferable Development Rights (TDR)?

Unsatisfactory performance in implementation of Sanctioned Revised Development Plan 1967 has necessitated search of alternate source of resource for satisfactory implementation of Sanctioned Revised Development Plan. Hence, innovative provision such as concept of Transferable Development Rights (TDR) in lieu of land under reservations handed over free of cost and free of encumbrances by the owner to Municipal Corporation of Greater Mumbai has been introduced in the D.C. Regulation for Greater Mumbai,199. The financial burden on Municipal Corporation of Greater Mumbai to acquire and develop the plots under reservations have therefore, been reduced to some extent due to this provision. Municipal Corporation of Greater Mumbai has acquired 450 Nos. of C.T.S. holdings under various reservations admeasuring 19,11, 329.188  Sq. Mt. till 31st December,2004. The 420 nos. of C.T.S. holdings under various D.P. Roads admeasuring 6,89,970.91 Sq. Mt. have also been acquired in lieu of TDR.

  1. What is Accommodation Reservation?

As per provisions of sanctioned D C Regulations for Greater Mumbai1991, certain buildable reservations on private lands can be permitted to be developed by the owner after handing over of certain built up amenity for reservation to appropriate authority free of cost & free of encumbrances. Thereafter owner can develop the plot with permissible FSI without taking into account the built up area handed over to Authority. Guidelines for development of accommodation reservations such as Markets, Maternity Home, Dispensary, Library, Post office, Telephone Exchange and Welfare Centre etc. have been formulated.

  1. “Tenantable repairs” to buildings need no permission:-

It is notified for the information of the public in general that the following items of work categorized as “tenantable repairs” can be carried out without obtaining any permission from the Municipal Corporation of Greater Mumbai (M.C.G.M.) provided the structures to which such repairs are to be carried out have been constructed with approval from the Competent Authority or were in existence prior to 1.4.1962 in respect of commercial structures and 17.4.1964 in respect of residential structures. However, these structures shall not be declared heritage structures or fall within heritage precincts and N.O.C. from Heritage Conservation Committee is required for carrying out repairs to such structures. The onus to submit documentary proof in respect of the existence of structures prior to 1.4.1962 and 17.4.1964 shall, however, vest with the owner.

  • Providing guniting to the structural members or walls;
  • Plastering, painting, pointing;
  • Changing floor tiles;
  • Repairing W.C., bath or washing places;
  • Repairing or replacing drainage pipes, taps, manholes and other

fittings;

  • Repairing or replacing sanitary, water plumbing or electrical fittings;
  • Replacement of roof with the same material;
  • Replacing the existing water proofing treatment without increasing

the dead load.

“Tenantable repairs”, however, shall not include:-

  • Change in horizontal and vertical existing dimensions of the

structure;

  • Replacing or removal of any structural members of load bearing

walls;

  • Lowering of plinth, foundations or floors
  • Addition or extension of mezzanine floor or loft;
  • Flattening of roof or repairing roof with different materials.

Though tenanted repairs need no permission from M.C.G.M., it is advisable that such repairs are carried out under the guidance/supervision of an Architect and /or a registered Structural Engineer.

It is the responsibility of the owners to remove the debris generated out of repair work from site immediately and debris should not be dumped on roads.

Dumping on road is an offence and offenders would be liable for stern punishment.  In addition to that debris dumped on roads will also be carried away by the MCGM and cost of transportation will be recovered from the owners.

Please note that any alteration or repairs to a building involving the removal, alteration or re-erection of any part of the building except “tenantable repairs” needs permission from M.C.G.M. and the same shall not be carried out under the guise of “Tenantable repairs”. The Architects/Structural Engineers are liable for punishment including blacklisting if works, which require permission from MCGM, are carried out without permission under their supervision.

For any further clarification, kindly contact Assistant Municipal Commissioners of the Wards.

18.2 Related to seeking Information,-

(a) Application form:( Copy of filled application form for reference)

(b) fees

(c) How to write a precise information request – Few tips

(d) Right of the Citizen in case of denial of information and procedure

to appeal.

The matter is pertaining to developing common right of information application with fees and appeal procedure and hence General Administration department shall deal with this issue.

18.3 With relation to training imparted to public by the department. No training is imparted by the department for the general public.

18.4 With relation to certificate, No Objection certificate etc. issued by the Public Authority not included in the Manual –13.

(A) Name and description of the certificates and NOC – NOC for construction of building for height beyond 70 meters.

Government vide Resolution No.TPB-4303/49/CR-4/03/UD-11 dtd. 28/7/2004, has constituted a technical Committee for scrutinizing the development proposals of all the buildings having height more than 70 mtrs. Experts in the field of Structural Engineering, Soil Mechanics, Environmental Engineering are appointed as the members of the committee. The committee consists of the following members. :-

  1. Shri Ashok Agarwal Chairman, Former Chief Justice Tamil Nadu Government;
  2. Shri Satish Dhupelia, Member, Structural Engineer;
  3. Shri G.B.Choudhary, Member, Associate Professor, Soil Mechanic VJTI College;
  4. Dr.S.B.Kotoley, Member, Advisor, Maharashtra Pollution Control Board;
  5. Chief Engineer (D.P.), Member Secretary (Brihan Mumbai Municipal Corporation Head Office, 4th floor, Mahapalika Marg,Mumbai-1);
  6. Chief Fire Officer Member, Brihan Mumbai Municipal Corporation.

Eligibility for applying – Owner / Developer through his Architect can apply.

Contact information for applying – Chief Engineer ( Development Plan Deptt)

Application fees – Rs.50,000/- per proposal towards scrutiny fee. The fees is per building.

 

Other fees – Nil

Application form – Application is to be made on plain paper

List of enclosures / documents – The Architect on behalf of Developers will submit the proposal to the committee through the Member Secretary i.e. Ch. Eng. (D.P.) along with the following documents:-

. 6 sets of complete architectural drawings.

. 2 sets of structural drawings with structural calculations.

. 2 copies of soil investigation report.

. 2 copies of report of environmental impact.

Format of enclosures / documents – NIL

Procedure for application –

Process followed after receipt of application – Ch. Eng. (D.P.) will send copies of architectural drawings to all the Members and one copy will be sent to zonal office of the building proposal. Copy of structural drawing alongwith calculations shall be sent to Shri Satish Dhupellia, structural Engineer, copy of the sub soil investigation will be sent to Shri G.B. Chaudhari, Associate Professor, V.J.T.I. and copy of report of environment assessment will be sent to S.K. Katoley Advisor, Maharashtra Pollution control Board. All the members will prepare their technical report & offer their expertise in the respective field and submit the report to Member Secretary i.e. Ch. Eng. (D.P.). The zonal building proposal office will also scrutinize the architectural plans from point of view of open spaces and parking requirements etc. and submit report to Member secretary i.e. Ch. Eng. (D.P.) enumerating any concessions required for the approval of proposal. The Member Secretary will compile all the reports and submit a set of report to the chairman of the Committee for his perusal. After the report on minimum two proposal is received, the member secretary will convene meeting of the Technical Committee with the permission of Chairman wherein, the proposal will be discussed. The concerned Architect/ developer will be informed about the date and time of the meeting. However, initially they will not participate in the meeting. Once the committee decides to recommend the proposal after discussion, there will be no need to call the Developers/Architects. However, if committee desires to suggest any changes, or get further information, the Architect/developer will be called in the meeting for discussion who may present his case to the committee. Based on the presentation given by the Architect/developer the committee shall decide whether to recommend the proposal or not. Decision of the committee will be in the form of recommendation to the M.C. and it will be open to M.C. to over-rule the recommendation of the committee giving proper justification.

Normal time taken for issuance of certificate –  45 days after submission of complete documents.

Validity period – Not specified.

Process of renewal – Not applicable.

(B) Name and description of the certificates and NOCs – NOC from DCR-67 (heritage Regulations) point of view by the Mumbai Heritage Conservation Committee ( MHCC).

. Eligibility for applying – Any person/Proposals involving development through a registered architect.

. Contact information for applying – Chief Engineer ( D. P)/ Dy. M.A.( D.P) , 4th floor , MCGM Head Office , Annexe Building , Mahapalika Marg, Fort, Mumbai- 400 001.

. Application Fee – Nil.

. Other Fees – Nil.

. Application Form –

. List of enclosures / documents –

. Format of enclosures / documents –

. Procedure of application – Application has to be addressed to the Chairman, MHCC, C/o Chief Engg. (D.P), along with the required documents/ drawings as mentioned in the enclosed list above.

. Process followed in the Public Authority after the receipt of the application – The proposals are scrutinized and the complete proposals are put up for the consideration of the MHCC by the office of the Dy. M.A. (D.P.).

. Normal time taken for issuance of the certificate /NOC – 15 days after the final decision is minuted by the MHCC.

. Validity period of the certificate/NOC – N.A.

. Process of renewal – N.A.

MUNICIPAL CORPORATION OF GREATER MUMBAI

No. CHE/ DPC/DPWS/ / Heritage of

Mumbai Heritage Conservation Committee

C/o. Deputy Municipal Architect (D.P.)

Office of the Chief Engineer (D.P.),

4th floor, Extn.Bldg. M.C.G.M.Head Office

Fort, Mumbai- 400001.

To,

————————————————-

————————————————-

————————————————-

————————————————-

Gentleman / Madam

Sub: NOC/ remarks from the M. H. C.C. for the proposal of————–

Ref: Your letter u/No.———————- dtd.

With reference to the above, I have to inform you that the property/ structure / area /——————under reference is included in the list of Heritage structures buildings / areas /precinct etc. as published by the Government of Maharashtra, Urban Development Department vide G.R.No.1090/ 3197/ RDP/ UD-11, dtd. 24.4.95. The Sr. No. of the said property/structure/area/—————————-in the Heritage list is————————and the Heritage Grade is—————————– .  The property / structure / area /——————– is also included in the Heritage Precinct /————————- Sub-Precinct. As such, it is essential to obtain prior NOC/remarks from the Mumbai Heritage Conservation Committee for any development, redevelopment, additions, alterations, repairs, renovation, plastering, painting, replacement of special features, any engineering operation ,demolition of the whole or any part thereof , change of user etc. proposed for the said listed Heritage property / structure / area /.

However, it is pertinent to note here that for scrutinizing and putting the said proposal on the agenda of the Mumbai Heritage Conservation Committee for obtaining the remarks /NOC etc, it is essential that the proposal must be submitted in a proper manner and should also be accompanied by all the necessary submission / requirements as stipulated by the M.H.C.C.

In view of the above you are requested herewith to comply with the following:-

(A) As the proposal as submitted /presented by you is incomplete, you are instructed to comply with the following submission requirements to process the matter further-

(1) Block plan (Scale 1: 500), Location Plan ( Scale 1: 2500 / 1: 4000 ).

(2) All the plans, elevations, sections of the existing structure incorporating the proposed repairs / renovation / additions / alterations/ demolition work/structural strengthening methods etc. in a proper notation and colour – code ( scale 1:100 / 1:50).

(3) All the floor plans, elevations, sections, inclusive of Municipal submission drawings of the existing bldg./ proposed new building / scheme or additions/ alterations etc. (Scale 1: 100 / 1:50).

(4) At least two sectional elevations i.e. one from staircase and lift block / water tank etc. and other from the elevational features like balcony chajja, canopy etc. showing the floor heights of the building as well as the total height of building inclusive of all additional projections like Lift machine Room/ water tank / elevational features / other ancillary structures etc. (Scale 1: 100 /1:50).

(5) Details of all the special existing / proposed architectural features. (Scale 1: 20/ 1:10).

(6) Photomontage; consisting of colour elevational photographs of proper scale (preferably 4” x 6” / 5” x 7” in size) of all sides of the existing structure / building and also of the adjoining structures in the vicinity alongwith a copy of the block plan / location plan indicating the direction of photographs . Detailed Photographs of special architectural features of the structure shall also be submitted.

(7) Block / detailed model of the scheme / structure.

(8) Architect’s appointment letter by the owner / proponent.

(9) D.P. Remarks / Traffic & Co- Ordination Remarks.

(10) P. R. Card/ True Extract Plan.

(11) Structural stability certificate for the existing structure from a registered structural Engineer (including confirmation for the additional load proposed).

(12) List of concessions required, if any, in D.C. Regulations and the justification for the same.

(13) List of any specific conditions / regulations imposed by any other statutory authority/department etc.

(14) NOC from the MHADA / BHAD Board.

(15) NOC from the C.F.O.

(16)(B) You are requested to arrange for a site inspection visit with this office staff. It may please be noted that the proposal under reference will be dealt with further on its merit and after the compliance of—————————————————————– as mentioned above.

(C) Your proposal has been taken on the agenda of the forthcoming meeting of the M.H.C.C. to be held on——————-, at item No————————–. (Case No.————-/————————-) .

You are requested to remain present for the said meeting at——————————— a.m./ p.m., at the 3rd floor conference hall, MCGM Head Office, Fort, Mumbai.

This is for your information and further necessary action in the matter.

Yours faithfully,

Dy. Municipal Architect

(Development Plan)

(C) Name and description of the certificates and NOC – NOC of monitoring committee

Eligibility for applying – Owner has to apply.  On approval of layout/ IOD/ C.C. by Building Proposal, the Mill is required to submit application to Escrow Committee.

Contact information for applying – Chief Engineer (Development Plan Dept.)

Application fees – Rs.15/- per square meter

Other fees – Nil

Application form – Application is to be made on plain paper

List of enclosures / documents – As detailed in the procedure

Format of enclosures / documents – Nil

Procedure for application –

(1) Application should details of development/ redevelopment proposal, their exact status, the financial liabilities of the Mill, the number of workers opting for VRS, the modality of VRS, means of alternative employment to other who have not opted VRS, the means of raising funds for VRS and workers’ dues, the means of meeting financial liability of financial institutions, etc. The estimated funds from redevelopment etc.  The sanction be also obtained to open Escrow A/c. in any Bank.

(2) In case the Mill proposes to sell/ enter into development in respect of any Mill land, the LOI, MOU executed this respect shall be first placed before the Monitoring Committee and clearance to the same obtained.

(3) Once clearance is received from the Committee, the Development Agreement/ Sale Agreement/ Conveyance be executed and registered. Copy be submitted to the Committee.

(4) The proceeds from the Sale/ Development Agreement be deposited in the Escrow as per the modalities of finding/ receipts stipulated in the Agreement.

(5) The disbursement of funds shall be done on the basis of periodic application made to the Committee giving reasons/ justification for withdrawal.

(6) Detailed fortnightly report be submitted thereafter alongwith certifications from The C.A. of the Company and the Bank.

(7) In case of payment to workers, details of the amount paid to each worker be submitted. A certificate from the Rashtriya Mill Mazdoor Sangh be also submitted once full payment is made to workers.

(8) In case redevelopment/ construction is undertaken by the Company themselves, then the company shall, while selling each flat, gala, shop seek permission of the Committee.  The permission cannot be sought on monthly basis as and when MOU is signed for sale of the flat, to any purchaser/ group of purchaser. The details to be placed before the Committee is BUA area of flat, the sale price agreed, the Ready Reckoner Rates prevailing, the date of MOU, exact flat No., the name of buyer, the exact storey where it is located, consideration amount, amount advance received and balanced to be received. The details be given in a tabular form of each MOU signed during the specified period. The Monitoring Committee grants permission to enter into agreement for such sale and also for disbursal of the advance received from the sale.

. Normal time taken for issuance of certificate – Not applicable

. Validity period – Not specified.

. Process of renewal – Not applicable.

18.5 With relation to registration Process-      

No registration of Architects/Developers/plumbers or any other professionals is dealt with by this department.

18.6 Collection of tax by the department-

No tax or levy is collected by the Development Plan Department.

18.7 With relation to issuing new connection electricity/water supply, temporary and permanent disconnection etc.-

The development Plan department is not connected to issuing or disconnecting services.

18.8 Details of any other public services provided by the department.-     

NIL

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0 5151
Acts and Regulations

The Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981

HOUSING AND SPECIAL ASSISTANCE DEPARTMENT

Mantralaya, Bombay 400 032,

Dated the 24th December 1981.

MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976

No. ARD. 1080/365-X.— In exercise of the powers conferred by clause (viii) of sub-section (2) of section 184 read with clause (iii) to sub-section (3) of section 28 and section 64 of the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said section 184, namely :-

 

PART I

 

  1. Short title and commencement,-

(i) These rules may be called the Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981.

(ii) They shall come into force at once.

 

  1. Definition,-

In these rules, unless the context otherwise requires,-

(a) “Act” means the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977);

(aa) ‘Commercial Center’ means any specific area referred to as such in which Authority has constructed or proposes to construct a building or a group of buildings consisting of tenements intended to be used for a commercial purpose or any other non-residential purpose, as may be approved by the Authority;

(ab) ‘Commercial tenement’ means a tenement in a building constructed by the Authority in a commercial center;

(b) “Denotified tribe” means such tribes or tribal communities in the State as specified by the Government,

(c) “Ex-Serviceman” means a former member of the armed forces of the Union (not being a person who has ceased to be a member of the armed forces as a result of his being duly dismissed after a court martial or on account of bad character or as a result of desertion or who has been arrested);

(d) “Freedom Fighter” means a person who receives pension duly granted by the Government of Maharashtra or the Government of India or who has been awarded a Tamrapatra or Sanmanpatra on account of his participation in the National Movement for emancipation of India or the next-of-kin or dependent of such person, namely, the widow or widower, father, or mother, son, daughter, grand-son, granddaughter, son’s wife, grand-son’s wife, widow of predeceased son or grandson;

(e) “Government” means the Government of Maharashtra;

(f) “Household income” means the income from all sources earned by a person and his or her spouse;

(g) ‘Journalist’ means a person whose principal avocation is that of a journalist and who is employed as such in, or in relation to, any newspaper establishment, and includes an editor, a leader writer, news editor, feature writer, copy tester, reporter, correspondent, cartoonist, news photographer, proof reader and a person who contributes regularly and meaningfully on matters of public interest to renowned weeklies, magazines and periodicals as a freelancer, but does not include any such person who-

(i) is employed mainly in a managerial or administrative capacity; or

(ii) being employed in a supervisory capacity, performs either by the nature of the duties attached to his office or by reason of the powers vested in him, functions mainly of a managerial nature;

(h) “land appurtenant” means the land which is required to be kept open around a building, in accordance with the Development Control Rules of the concerned Planning Authority;

(i) “Neo-Buddhist” means a person belonging to a Scheduled Caste, a Scheduled Tribe, a Nomadic Tribe or Denotified Tribe, who has been converted to Buddhist faith.

(j) “Nomadic Tribe” means a tribe or tribal community in Maharashtra recognized as such by Government.

(k) “Planning Authority” means, in relation to Municipal areas, the Municipal Corporation or the Municipal Council, as the case may be;

(kk) “Plot” means a demarcated place of vacant land in an approved layout of an area development scheme in an urban area prepared by the Board and approved by the Planning Authority and includes a developed plot with or without plinth area having all or any of the infrastructural facilities such as common roads, electricity, water supply, drainage, provided by the board;

(l) ‘Schedule Castes’ means such castes, races or tribes or parts of or groups within such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India;

(m) ‘Schedule Tribes’ means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State Maharashtra under article 342 of Constitution of India residing in any part of the State of Maharashtra;

(n) “Vacant land” includes land which has been built upon unauthorisedly but excludes land appurtenant;

(o) Words, expressions used in these rules but not defined therein shall have the same meaning respectively assigned to them in the Act.

 

PART II

DISPOSAL OF VACANT LANDS

 

  1. Publication of list of vacant lands available for disposal,–

At the commencement of every financial year the Authority shall publish, on notice boards of all its offices, a complete list of every vacant land together with its location map available for disposal during the course of the financial year.

 

  1. Disposal in accordance with area development schemes and layouts,-

(1) Where the Authority has acquired vacant lands for the purpose of development of existing urban areas to ensure an orderly urban development, the Boards shall prepare a detailed area development scheme and after obtaining the approval to the layout from the appropriate planning Authority shall obtain administrative approval to the scheme from the Authority.

(2) The Authority shall, while according approval to a scheme, give directive to the Board about the manner of disposal of the vacant lands or plots therein, and may reserve to itself, for reasons to be recorded, the right to dispose of any vacant land or plot in the scheme.

(3) The disposal of vacant lands under these rules shall be in accordance with area development scheme and the layout so approved.

 

  1. Disposal of land by lease,-

(1) Subject to the provisions of rule 5A and except for the purpose of raising loans, the vacant lands shall ordinarily be disposed of by a grant of lease.

(2) Subject the directions given by the Authority from time to time, the Chief Officer, may dispose of any vacant land or plot reserved for residential use in the approved schemes, by a lease to be granted in consideration of premium or rent or both for a term not exceeding 90 years and in the manner prescribed in the regulations to be made by the Authority for the purpose.

(3) The premium and lease rent to be charged shall be worked out in a manner to be laid down by the Authority in its regulations or by charging lease rent on the market value at a rate to be decided by the Authority.

 

5A. Transfer of land not required for purpose of authority, to original owner,–

Notwithstanding anything contained in rule 5 or any other rule of these rules, the authority may, with the previous sanction of the State Government, and on such terms and conditions as it may deem fit, transfer by conveyance land or any part thereof acquired by the State Government under section 41 of the Act and made available to it under Sub-section (3) of section 42 thereof, to the original owner of the land, if such land or any part thereof is not required by the authority for the purpose of the execution of any of its schemes.

 

  1. Concessions to Schools etc.,-

The Authority may dispose of vacant land at a concessional rate of premium and lease rent or of lease rent, as the case may be, for any of the following purposes, namely:-

(a) Educational Institutions,

(b)Hospitals or dispensaries,

(c) Gymnasiums,

(d) Play-grounds,

(e) Institutions for the blind, dumb, deaf or for persons physically or mentally

handicapped in any other manner as decided by the Authority,

(f) any other public purpose subject to the approval of the Government:

Provided that, the Authority shall satisfy itself, for the reasons to be recorded in writing, the lease shall provide the amenity in a manner which subserves the common good and will not exploit it for profit:

Provided further that, the institutions are open to all persons without restrictions on grounds of religion, caste, creed or place of residence.

 

  1. Concessions for residential use,-

(1) The Authority may also dispose of vacant land for residential purposes to individuals or to co-operative housing societies at concessional rates of premium and lease rent or of lease rent regard being had to the total household income, percentage of expenditure on food and clothing in the total consumption expenditure of the household and the likely surplus which the individual or the member of the co-operative housing society would be able to set apart for housing.

(2) The Authority shall, by regulations, formulate groups in which every person can be classified on the basis of the factors enumerated in sub-rule (1) and prescribe rates of concessions admissible to each of such groups.

 

  1. Disposal of Land for industrial and Commercial purposes.–

The disposal of vacant land for industrial or commercial purpose shall be strictly in accordance with the approved layout and subject to the provisions of any other law for the time being in force governing the setting up of new industrial or commercial establishment:

Provided that, the restrictions of the approved layout shall not apply to the lease of vacant land for a short period not exceeding three months, for the purposes of a fair, exhibition, circus, drama and festival.

 

  1. Disposal of land for religious purposes, –

No vacant land shall be leased by the Authority for a religious purpose except with the previous sanction of the State Government.

 

  1. Power of the Authority to permit laying of water mains in or over its lands,-

(1) The Authority may permit the laying of water mains, pipes and underground cables and construction of cess-pools, through, on, over or underneath any land vested in the Authority on payment of an annual sum (rent) not exceeding five per cent of the market value of the land occupied for the purpose.

(2) The Authority may permit the erection of poles, towers, stay-rods or stay-rails for overhead cables on its lands on payment of annual rent at the rate of twenty-five paise per pole and fifty paise per tower, stay-rod or stay-rail.

 

PART III

DISPOSAL OF TENEMENTS

 

  1. Manner of disposal of tenements in buildings constructed by the Authority,-

(1) The Authority may dispose of–

(a) residential tenements in the building constructed by it on any of the following basis namely:-

(i) out-right sale,

(ii) hire-purchase,

(iii) rental; and

(b) Commercial tenements in the building constructed by it by outright sale.

(2) The Authority shall lay down the manner in which the sale price, the hire purchase installment or the rent is to be determined.

  1. All disposal to be by public notice,-

(1) As soon as any residential tenements in a scheme are ready for disposal, either on account of new construction, completed or proposed, or on account of vacancies caused in the existing tenements, the Authority shall invite applications by a notice to be published in a manner laid down by the Authority:

Provided that such a notice may not be published if there is in force a waiting list of applicants for that scheme in respect of the same group of tenements prepared in pursuance of the provisions in the regulations made in that behalf.

(2) As soon as any commercial tenements are ready for disposal, either on account of new construction, or development of a commercial centre, completed or proposed, or on account or vacancies caused in the existing tenements, the Authority shall invite tenders by a notice to be published in a manner laid down by the Authority.

 

PART – IV

MISCELLANEOUS

 

  1. Reservation of tenements,-

(1) In respect of every group of tenements, or plots of Vacant Land in a layout to be disposed of for residential use, the Authority shall reserve, for the following categories of persons, tenements/plots in the percentages shows against them:-

 

Category

(1) Scheduled Castes including Neo-Buddhist 11%
(1-a) Scheduled Tribes 6%
(1-b) Nomadic Tribes 1.1/2%
(1-c) Denotified Tribes 1.1/2%
(2) Journalists 2.5%
(3) Freedom Fighters 2.5%
(4) Blind or physically handicapped persons or person in absolute need of accommodation on health ground. 2%
(5) Families or Defence personnel and personnel of Border Security force, who have been killed, disabled or declared missing in 1962 Sino-Indian Conflict, or in 1965 or 1971 indo-Pak Conflict, in any combat thereafter. 2%
(6) Ex-Servicemen and their Dependents 5%
(7) All sitting and ex-members of Parliament Assembly or Council, representing constituencies in Maharashtra 2%
(8) Employees of the Authority 2%
(9) State Government Servants and employees of the Statutory Boards, Corporations, etc.(except the Maharashtra Housing and Area Development Authority) under the State Govt. including those who have already retired. 5%
(10) Central Government Servants occupying Staff quarters and due for retirement within three years or those who have already retired. 2%
(11) Artists in Film, Television, Drama, Tamasha, or Radio and also all other persons engaged in performing arts, including painters, sculptors, craftsmen, musicians (both vocal and instrumental),dancers, poets, kawals or mimics 2%

Provided that,-

(a) If sufficient number of applications are not received from the persons belonging to any of the categories (1), (1-a), (1-b), and (1-c), the applications from persons belonging to any of the other said four categories shall be considered for the reservation;

(b) If sufficient number of applications are not received from the persons belonging to category (5), the applications from persons belonging to category (6) shall be considered for the said reservations;

(c) If sufficient number of applications are not received from the persons belonging to any of the reserved categories, other than those mentioned in clause (a) above, tenements or plots reserved for such categories remaining un-allotted may be released for allotment to persons belonging to the general category. The tenements or plots reserved for categories (1), (1-a), (1-b) and (1-c) shall not however, be released for allotment to persons belonging to the general category subject to the provision of clause (a) above to persons belonging to any other reserved category, without the approval of Government.

Provided further that, the reservation made for persons belonging to category (7) shall be subject to the following conditions, namely:-

(a) A person shall be entitled to get one tenement or plot at any place in the State.

(b) He shall not be in possession of a tenement or plot on ownership basis, hire purchase basis or rental basis at a place where he desires to have a tenement constructed by the Authority, or a plot.

(c) If he already possess from Government or Authority a tenement or a plot either on rental or on leave and licence basis, he shall have to surrender the said tenement(s) to the Government or the Authority, as the case may be.

(d) He shall not be eligible to get accommodation in the M.L.As. Hostel either at Bombay or at Nagpur if he secures a tenement from the Authority at that place or has already constructed a house on a plot secured at that place from the Authority:

Provided further that, the eligibility of a person for inclusion in category (ii) shall be decided by the Cultural Affairs Department of the Government and the eligibility of persons for inclusion in any other category shall be decided in the manner laid down by the Authority.

(2) Notwithstanding anything contained in sub-rule (i) the Authority shall not be required to reserve any tenements or plots for the categories of persons mentioned at serial numbers (2) to (11) in respect of tenements or plots to be disposed of in pursuance of any Urban Development Project assisted by the World Bank.

(3) In respect of every group of tenements or plots of vacant land in a layout to be disposed off for the commercial use, the Authority shall reserve 20 per cent tenements or plots for the persons specified in categories (1),(1a),(1-b) and (1-c) of sub-rule (1) in the percentage shown against them and the same shall be disposed off by inviting tenders from the categories of the said person:

Provided that, if sufficient number of applications are not received from the persons belonging to any of the categories, the same may, subject to approval of Government, be released for allotment for the person belonging to the general category.

 

  1. Drawal of lots and preparation of waiting list for residential tenements/plots,-

In case more applications are received than the residential tenements/plots available for disposal for any of the reservation or for the unreserved category, the allotment of such tenements/plots shall be decided by drawal of lots and a waiting list shall be prepared in the manner laid down by the Authority.

  1. Disposal of amenity tenements,-

(1) Tenements in building constructed by the Authority exclusively for providing amenities, such as school, post office, Police station, hospital, shop and such like purpose for the benefit primarily of residents of a housing colony and the tenements reserved for providing such amenities in commercial centers shall be disposed of by the Authority by out-right sale.

(2) Tenements reserved for providing amenities of the type referred to in sub-rule (1) of this rule in buildings constructed by the Authority for residential purposes shall be disposed of by it either by lease or by out-right sale.

(3) Where the amenity tenements are proposed to be disposed of by the Authority on out-right sale as provided in sub-rule (1) or sub-rule (2) of this rule, the purchases price therefore shall be;-

(a) in the case of tenements providing public or essential services such as school, post office, police station, hospital and such other like noncommercial purpose, as may, having regard to its general pricing policy, be determined by the Authority; and

(b) in the case of tenements providing amenities of a commercial nature, as may be determined by the Authority on the basis of tenders invited for the purpose.

(4) Where the purchaser of an amenity tenement is Government, a local authority, or a public sector undertaking the Authority may, if it considers so necessary, allow the purchase price to be paid in more than one installment, subject to such terms and conditions as may be deemed fit by it in that behalf.

(5)(a) When amenity tenements are proposed to be disposed of by the Authority by lease, the premium to be charged therefore shall—

(i) in the case of tenements providing public or essential services of the type referred to in clause (a) of sub-rule (3) of this rule, be worked out in the manner provided in sub-rule (3) of rule 5 of these rules; and

(ii) in the case of tenements providing amenities of a commercial nature, be determined on the basis of tenders invited for the purpose;

(b) The lease rent to be charged in such case shall be at a rate to be decided by the Authority.

(6) The procedure prescribed for the disposal of commercial tenements shall apply, mutatis mutandis, when the amenity tenements are proposed to be disposed of or the premium in respect of which is proposed to be determined on the basis of invitation of tenders.

  1. Disposal of land under building,-

The land underneath a building including a building comprising single storied tenements, constructed by the Board and disposed of on an out-right sale basis or hire-purchase basis together with the land appurtenant thereto, shall, subject to any directions issued by the Authority from time to time, be conveyed by lease to the person purchasing the building or the single storied tenement, as the case may be, or to a co-operative society, company or an association of apartment owners formed by the occupants of the building.

16-A. Disposal of amenity and Commercial tenements on hire purchase basis in certain circumstances,-

Notwithstanding anything contained in any of the foregoing rules or in any of the regulations made thereunder, if after notifying and re-notifying the tenements for disposal in accordance with the provisions of the foregoing rules or regulations made there under the Chief Officer finds that all or any of the amenity tenements or commercial tenements in a building cannot be disposed of on outright sale basis, such of the tenements as cannot be so disposed of may, with the approval of the

Authority be disposed of on hire purchase basis. The amount of deposit or earnest money or both, the period of hire-purchase, and the amount of hire purchase, and the amount of hire purchase installment shall be such as might be determined by the Authority from time to time. The tenders shall be invited and considered for the disposal of such tenements on hire purchase basis in the same manner they are invited and considered for the disposal of tenements on out-right sale basis.

 

16-B. Special provisions for disposal of tenements in certain circumstances,-

If, after following the procedure prescribed in the foregoing rules or the Regulations made there under, it is found that there is no adequate response and demand for tenements in any particular scheme, such of the tenements as cannot be so disposed of may be disposed of in any other manner deemed fit by the Authority.

  1. Regulations to be made by Authority,-

The Authority may with the previous sanction of the State Government, make such supplemental regulations, not inconsistent with the provisions of the Act or these rules, as are considered necessary by it for the proper implementation of these rules, and especially for—

(1) Matters in respect of which the foregoing provisions of these rules require the Authority to make regulations;

(2) Housing Schemes;

(3) All matters pertaining to allotment of tenements, formation of Co-operative Societies, Companies or Association of apartment owners formed by the occupants of the Authority’s tenements;

(4) Transfer of tenancies.

By order and in the name of Governor of Maharashtra

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