Section 8B in The Maharashtra housing and Area Development (Disposal of Land) Regulations, 1982
8B. [ Special provisions applicable to housing societies. [Regulation 8-B was substituted by G.N. of 25.4.1990.]
- Notwithstanding anything contained in clause (d) of Regulation 8A,-(1)An application for allotment of a vacant land or plot or a group of vacant lands or plots for housing societies may be made by the Chief Promoter of a proposed society formed by persons belonging to a category or categories specified in the notice displayed under clause (b) of Regulation 8 A.(2)After the expiry of the last date of receipt of applications as displayed on the notice board under clause (b) of Regulation 8A, the Chief Officer shall direct the Authorised Officer to verify the completeness of applications. On receipt of such directions the Authorised Officer shall proceed to verify the completeness of applications.(3)The Authorised Officer shall ensure that each applicant society has submitted all the requisite certificates in the specified format and other documents in respect of each of its members as displayed in the notice under clause (b) of Regulation 8A. The Authority Officer shall summarily reject the applications which are not complete and then draw a list of applicant-societies in each category of societies specified in the notice displayed under clause (b) of Regulation 8A, whose applications are found complete and shall forward the same to the Chief Officer. The Authorised Officer shall also communicate the result of the verification to the applicant societies whose applications are found incomplete.(4)On receipt of the list of applicant-societies whose applications are complete, from the Authorised Officer, the Chief Officer shall -(a)If the number of applicant-societies whose applications are found complete in any category of societies is less than four time the number of plots notified under clause (b) of Regulation 8A, direct the Authorised Officer to process the applications under clause (11) of this Regulation.(b)If the number of applicant-societies whose applications are found complete, is more than four times the number of plots notified in the notice displayed under clause (b) of Regulation 8A, direct the Authorised Officer to draw lots under clause (5) of this Regulation.(5)The Authorised Officer shall, after notifying to the members of the Allotment Committee regarding the date of draw, proceed to draw lots from among the applicant-societies whose application are found complete, in the presence of such members, so however, that the number of lots so drawn does not exceed four times the number of plots. The applicant-societies shall be informed of the date, time and place of the draw by notice displayed on the notice board and also by publishing the same in such daily newspapers as the Chief Officer deems fit.(6)On each draw, the Authorised Officer shall, in the presence of the members of the Allotment Committee enter the name of each drawee in the Register of Drawees maintained for the purpose, so that the names of successful drawees are entered in the said register in the same order in which they emerged out of the lots.(7)There shall be a separate Register of Drawees for each category.(8)After the entries on each page of the Register of Drawees are complete the Authorised Officer and a member of the Allotment Committee duly authorised by it in this behalf, shall each sign the page and any erasures made thereon in token of entries of the names or erasures being made in their presence and with their approval.(9)After the preliminary draw of lots in all categories of the housing scheme is complete and entries in Register of Drawees are authenticated in the manner prescribed in the foregoing provisions, the Chief Officer shall require the names of all the persons who have been successful in the preliminary draw of lots to be displayed category-wise and in the same order in which they are entered in the Register of Drawees on the notice board of the Board and shall publish a notice in such newspapers as he thinks fit, that a list of persons who have been successful in the preliminary draw of lots for the housing scheme specified in such notice has been displayed on the notice board of the Board and is open for inspection during office hours.(10)On receipt of the Register of Drawees under clauses (4)(a) and/or (9) of this Regulation the Chief Officer shall direct the Authorised Officer to scrutinise the applications of societies whose names appear in aforesaid lists and to determine their eligibility.(11)The Authorised Officer shall, on receipt of a direction by the Chief Officer to determine the eligibility of the applicant-societies, proceed to determine, with the approval of the sub-committee consisting of members of the Allotment Committee appointed by the Chief Officer for the purpose, the eligibility of all the members of the proposed society whose names have been included in the application in accordance with the requirements notified in that behalf and shall thereafter draw a list, of eligible applicant-societies in each category of societies specified in the notice displayed under clause (b) of Regulation 8A.(12)Applicant-societies all of whose members are held to be eligible under clause (11) of this Regulation shall alone be considered for the final draw of lots and for allotment of plots :Provided that, the Chief Promoter of any such proposed society whose one or more members is or are held to be ineligible shall be given one opportunity to substitute a new member or members, as the case may be, who fulfils or fulfil the requirement notified in that behalf in place of such ineligible member or members. The name or names of such substituted member or members shall be communicated by the Chief Promoter to the Authorised Officer within 30 days from the date of intimation of the decision regarding the ineligibility of the initial member or members by the Authorised Officer.(13)List of eligible persons drawn up under clause (11) of this Regulation shall be forwarded to the Chief Officer.(14)On receipt of list of eligible societies, the Chief Officer shall require to be displayed on the notice board of the Board and shall publish a notice in such newspapers as he thinks fit that the list of eligible societies for the housing scheme specified in such notice has been displayed on the notice board of the Board, and that it is open for inspection during office hoars.(15)Final draw of lots -(1)On publication of notice under clause (14) of this Regulation, the Chief Officer, shall -(a)if the number of eligible applicant-societies in any category of societies is equal to or less than the number of plots notified under clause (b) of Regulation 8A direct, the Authorised Officer to draw lots to determine the order in which their names will be entered in the Allotment Register to be maintained under Regulation (16).(b)if the number of eligible applicant-societies is more than the number of plots specified in the notice displayed under clause (b) of Regulation 8A, direct the Authorised Officer to draw lots under clause (16) of this Regulation.(16)The Authorised Officer shall, after notifying to the members of the Allotment Committee regarding the date of the draw, proceed to draw lots from among the eligible societies in the presence of such members, so however that the number of lots so drawn does not exceed two times the number of available plots. The applicant-societies shall be informed of the date, time and place of the draw by notice displayed on the notice board of the Board and Under Certificate of Posting.(17)The final lots shall be drawn in the names of the applicant societies and not in the names of their individual members and the successful society shall be allotted such number of plots as have been notified to be allotted for each society. The distribution of plots or flats to individual members shall be the responsibility of that co-operative society.(18)The housing society shall be responsible to see that the members thereof duly comply with the provisions of these Regulations and the terms and conditions of allotment as contained in the allotment order or the lease to be executed by the society. Any failure on the part of any of the members of the society to comply with any such provisions or the terms and conditions shall be deemed to be a breach committed by the society itself.(19)Applicant-societies which comes out successful in the final draw of lots shall be issued a certificate by the Chief Officer to the effect that the vacant land or lands or the plot or plots shall be allotted to the society on its registration as a housing society under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961). The Chief Promoter of the proposed housing society shall get the society registered under the said Act within a period of two months from the date of issue of such a certificate. The time-limit prescribed for registration may for sufficient reasons be extended by the Chief Officer. If the society fails to get itself registered within the period or extended period, the allotment made in favour thereof shall be cancelled and the plot or plots may be allotted to another housing society on the waiting list in the order of its rank in the register maintained in that behalf.(20)On the registration of a housing society, the Chief Officer shall formally allot the vacant land or lands or plot or plots to such society and arrange to execute a lease deed as required under these Regulations.]
