Section 31 in The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981
31. Exchange of tenements.
(1)Where any tenements are allotted on the basis of monthly tenancy or on the basis of sale by deferred payment, the Authorised Officer may, on an application made to him, permit exchange of tenements under the provisions of this Regulation.(2)No application for unilateral transfer of tenement allotted on rental basis or on the basis of sale by deferred payment shall be entertained unless the tenements to be exchanged are in the same group of buildings. Such permission in the former case may be granted only on payment of a fee of a sum equal to two months 'rent', and in the latter case, on the payment of the fee equal to two months' instalment payable by the allottee in respect of his tenement.(3)The Authorised Officer may permit mutual exchange of tenements whether allotted on rental basis or sol'd on the basis of deferred payment if the tenements to be exchanged are in the same group of buildings. Such permission in the former case may be granted on payment of a fee of a sum equal to one month's rent by each tenant, and in the latter case, on payment of a fee by such allottees of a sum which shall be equal to the monthly instalment payable by him in respect of his respective tenement :Provided that, the Chief Officer may permit such mutual exchange of tenements on the same conditions as aforesaid if such tenements are in different group of buildings within the jurisdiction of the Board.(4)On such exchange of tenements under this regulation, each allottee shall step into the shoes of each other and their rights and liabilities in respect of their respective tenements shall be governed according to the tenor on which the tenement is held under these Regulations :Provided that, where tenement is allotted on rental basis, both the tenants shall not be in arrears of rent due and payable to the Authority on the date of the exchange.(5)The Authorised Officer may, for reasons to be recorded in writing, refuse any exchange of tenements applied for.(6)The allottee who is aggrieved by the decision of the Authorised Officer may appeal to the Board within 30 days, from the date of receipt of the decision of the Authorised Officer. The decision of the Board on the question of exchange of tenements in appeal shall be final and conclusive.
