State of Maharashtra - Act
The Maharashtra housing and Area Development (Disposal of Land) Regulations, 1982
MAHARASHTRA
India
India
The Maharashtra housing and Area Development (Disposal of Land) Regulations, 1982
Rule THE-MAHARASHTRA-HOUSING-AND-AREA-DEVELOPMENT-DISPOSAL-OF-LAND-REGULATIONS-1982 of 1982
- Published on 28 January 1982
- Commenced on 28 January 1982
- [This is the version of this document from 28 January 1982.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title, commencement and application.
2. Definitions.
- In these regulations, unless the context otherwise requires,-2A. [ Schemes for disposal of vacant lands or plots. [Regulations (2A) and (2B) were inserted, by G. N. of 2.1.1984.]
2B. Reservation of vacant lands or plots.
- Subject to the provisions of these Regulations there shall be reserved by the Chief Officer in every scheme of disposal of vacant lands or plots intended to be used for residential purposes vacant lands or plots for categories of persons as specified in rule 13 of the rules in the percentages shown against them in the said rule.]3. Manner of disposal of land for residential purpose.
- The [Chief Executive Officer] [Inserted by G. N. of 2.1.1984.] may, subject to the directions given by the Authority, dispose of any vacant land or plot intended to be used for residential purposes in an approved layout, by -4. Classification of persons in Income Groups.
5. Manner of disposal of land for non-residential purpose.
- The Authority may dispose of any vacant land or plot, which is proposed to be used for a purpose other than residential in an approved layout, in any of the manners indicated in regulation 3 or by making offers to or accepting offers from a public charitable trust, or a society registered under the Societies Registration Act, 1860 (XXI of 1860).6. Disposal of land inviting tenders by public advertisement or on an application by Government, local authority or public sector undertaking.
- Where the Authority determines that vacant lands shall be disposed of by inviting public tenders or by accepting offers from Government, local authority, public sector undertaking, public charitable trust or society registered under the Societies Registration Act, 1860 (XXI of 1860) there shall be presented a tender or an offer in Form 'A'.7. Disposal of land by offers to Government, local authority of public sector undertaking.
- Where the authority determines to dispose of any land by making offers, to the Government, local authority, public sector undertaking, public charitable trust or society registered under the Societies Registration Act, 1860 (XXI of 1860) such offers shall be made by the Chief Executive Officer in such form as may be determined by the Authority incorporating the terms and conditions of offers determined.8. Disposal of land by inviting applications, public advertisement on the basis of pre-determined premium and/or other considerations.
- Where the authority determines to dispose of any land by inviting applications from the public on the basis of pre-determined premium and/or other considerations, there shall be presented an application in Form 'B'.8A. [ Procedure for disposal of vacant land or plot under clause (iii) of regulation 3. [Regulation 8-A was inserted by G. N. of 2.1.1984.]
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,-8C. [ Allottees to form co-operative societies for common service. [Regulations 8-C and 8-D were inserted by G. N. of 2.1.1984.]
- Unless otherwise specifically decided by the Authority, the individual allottees shall form a co-operative society for management of common services such as water supply, common roads, drainage, chowkidars, sweepers and the like provided for the vacant lands or the plots and the building constructed thereon within the period prescribed by the Board in that behalf.8D. Allotment of vacant lands or plots by the Authority.
- Notwithstanding anything contained in the other provisions of these Regulations, the Authority may in its discretion allot any vacant land or lands or plot or plots to individuals or housing societies in case such vacant lands or plots are required to be so offered under any slum clearance scheme or for any project undertaken in public interest.]8E. [ Disposal of land to registered Co operative Societies holding lands under registered sale-deeds executed prior to issue of notice for acquisition. [Regulations 8-E and 8F were inserted by G. N. of 5.5.1986.]
8F. Disposal of part of acquired land in certain other cases.
9. Payment of premium.
10. [ Execution of, lease deed and delivery of possession of land. [Regulation 10 was substituted by G. N. of 4.5.1987.]
- After payment of the whole amount of premium, there shall be executed a lease deed, in favour of allottee, subject to the directions, if any, to the contrary by the Authority in any case having regard to the facts and circumstances thereof, the possession of the land shall not be delivered before execution of such lease deed.]11. [ Execution of Lease. [Regulation 11 was deleted by G. N. of 4.5.1987.]
- * * *]12. Delegation of powers.
- It shall be lawful for the Authority to delegate any of its powers, functions and duties to the Chief Executive Officer.13. Manner of public advertisement.
- Where, under any of these Regulations, anything is required to be done by public advertisement, it shall be done by publication of the advertisement in not less than two newspapers, one in English and the other in Marathi language having large circulation in that Region.14. Modification of Forms.
- The Authority may from time to time modify, for general application or for application in a specific case, any form annexed hereto to carry out all or any of the purposes of these Regulations.15. Term of lease.
- Notwithstanding anything contained herein to the contrary but subject to any law for the time being in force, it shall be lawful for the Authority to dispose of any land by lease for a term not exceeding ninety years in favour of the Government, a local authority, a public sector undertaking, a public trust, or a society registered under the Societies Registration Act, 1860 (XXI of 1860).16. Disposal of certain plots under directive from Government.
- Notwithstanding anything contained in these Regulations, the plots reserved for amenities or for purely commercial purposes in any layout prepared by the Authority in a land situate in any of the nine Urban Agglomerations, namely, Greater Bombay, Thane, Ulhasnagar, Pune, Kolhapur, Sangli-Miraj, Solapur, Nashik and Nagpur shall be disposed of in accordance with the directions of the State Government. Similarly, the disposal of not more than two per cent, of the plots reserved for residential use, and to be allotted to individuals, [or to the co-operative housing societies, whether proposed or registered] [These words were inserted by G.N. dated 9.4.1990.] located in such layouts as aforesaid shall also be done in accordance with the directions of the State Government :[Provided that, from out of the plots (other than the 2 per cent, plots as aforesaid) reserved for residential use and have not been disposed of, the Authority shall allot or dispose of any of the plots in accordance with the directions of the State Government.] [Proviso was inserted by G.N. dated 9.4.1990.]Maharashtra Housing and Area Development AuthorityForm 'A'(Please See Regulation No. 6)Please affix passport sizephotograph here (in case ofindividuals only).Instructions -| 1. | Applicant's full name | …........... | …........... | …........... |
| (Use BLOCK letters) | (Surname) | (First) | (Middle) | |
| 2. | Applicant's present address…...................................... | Applicant's permanentaddress….......................................... | ||
| 3. | Applicant's date and place of birth | (Date) | (Place) | (State) |
| 4. | In case of offer for residential plots...............................Family members (If the applicant is an individual). |
| Sr. No. | Name | Relationship with the applicant | Earning/Not earning | Place of work | Total monthly household income |
| 1 | 2 | 3 | 4 | 5 | 6 |
| (i) | …. | …. | …. | …. | …. |
| (ii) | …. | …. | …. | …. | …. |
| (iii) | …. | …. | …. | …. | …. |
| (iv) | …. | …. | …. | …. | …. |
| Sr. No. | Name of the Member | Present Address | Occupation | Place of service | Total monthly household income |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1. | |||||
| 2. | |||||
| 3. | |||||
| 4. |
| Number of the Department | Number of Employees | Reasons for providing them accommodation on thisplot |
| 1.2. |
| 5. | Statement of offer - | Surname | First name | Middle name | |
| I/We, Shri/Smt.son/daughter/wife of | (a) | .......................... | .......................... | .......................... | |
| son/daughter/wife of | (b) | .......................... | .......................... | .......................... | |
| son/daughter/wife of | (c) | .......................... | .......................... | .......................... |
6. I am/we are/my principals are willing to pay half of the premium amount within 15 days of the acceptance of my/our offer and the balance within one month thereafter. I am/We are/My principals are voluntarily willing to pay the whole amount of lease money within 15 days of the acceptance of my/our offer.
7. I/We send herewith a demand draft/cash receipt bearing No.............. (in words) being earnest money on which no interest is payable to me/us.
8. If my/our offer is not accepted by the Chief Officer....................... Board, the earnest money of Rs....................... (Rupees....................................................in words) paid by me/us under paragraph 7 hereto shall be returned to me/ us without interest.
9. I am/We are liable to keep this offer valid and not revoke it before the expiry of 6 months from the date of this offer and in the event of my/ our failure to observe and perform the liability the earnest money paid by me/us under this offer, shall absolutely be forfeited to the Maharashtra Housing and Area Development Authority.
10. If my/ our offer is accepted and if I/we fail to pay half of the premium amount of Rs......................(Rupees......... (in words) for the said plot within 15 days of the acceptance of my/our offer and/or the balance within one month, the agreement concluded between us shall stand rescinded by the authority and the amount of earnest money paid by me/us under this offer shall stand absolutely forfeited to the authority.
11. Any notice or letter of communication addressed to me/us at the address given below ................................................ will be deemed a valid and proper notice of intimation to me/us.
12. I/We agree to abide by the decision of the Chief Officer of the ................ Board regarding allotment.
13. I/We declare that the information stated herein above is complete and absolutely correct and any error or omission therein, accidental or otherwise, will be sufficient justification for the Chief Officer to revoke at any time acceptance of my/our offer for allotment of the concerned plot/s.
14. I/We hereby declare that I/We have read and understood the rules governing the allotment of plots, inspected the title deeds of lands, plans and specifications of the land, examined the draft of various agreements, declarations and deeds to be executed and do hereby undertake to execute them when called upon to do so, and abide by the decision of the authority.
| 1. | Applicant's full name | …........... | …........... | …........... |
| (Use BLOCK letters) | (Surname) | (First) | (Middle) | |
| 2. | Applicant's present address…...................................... | Applicant's permanentaddress….......................................... | ||
| 3. | Applicant's date and place of birth | (Date) | (Place) | (State) |
| 4. | In case of offer for residential plots...............................Family members (If the applicant is an individual). |
| Sr. No. | Name | Relationship with the applicant | Earning/Not earning | Place of work | Total monthly household income |
| 1 | 2 | 3 | 4 | 5 | 6 |
| (i) | …. | …. | …. | …. | …. |
| (ii) | …. | …. | …. | …. | …. |
| (iii) | …. | …. | …. | …. | …. |
| (iv) | …. | …. | …. | …. | …. |
| Sr. No. | Name of the Member | Present Address | Occupation | Place of service | Total monthly household income |
| 1 | 2 | 3 | 4 | 5 | 6 |
| 1. | |||||
| 2. | |||||
| 3. | |||||
| 4. |
| 5. | Statement of offer - | Surname | First name | Middle name | |
| I/We, Shri/Smt.son/daughter/wife of | (a) | .......................... | .......................... | .......................... | |
| son/daughter/wife of | (b) | .......................... | .......................... | .......................... |
6. I am/we are/my principals are willing to pay half of the premium amount within 15 days of the acceptance of my/our offer and the balance within one month thereafter. I am/we are/my principals are voluntarily willing to pay the whole amount of lease money within 15 days of the acceptance of my/our offer.
7. Any notice/or letter of communication addressed to me/us at the address given below :
........................................................................................................................................................................................................................will be deemed a valid and proper notice of intimation to me/us.8. I/We agree to abide by the decision of the Chief Officer of the ..........................Board regarding allotment.
9. I/We declare that the information stated herein above is complete and absolutely correct and any error or omission therein, accidental or otherwise, will be sufficient justification for the Chief Officer to revoke at any time acceptance of my/our offer for allotment of the concerned plot.
10. I/We hereby declare that I/We have read and understood the rules governing the allotment of plots, inspected the title deeds of land, plans and specifications of the land, examined the draft of various agreements, declaration and deeds to be executed and do hereby undertake to execute them when called upon to do so, and abide by the decision of the authority.
| Applicant's full name | Signature | |
| (a) | ................................ | ............................................... |
| (b) | ................................ | ............................................... |
| (c) | ................................ | ............................................... |