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State of Maharashtra - Section

Section 13 in The Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981

13. Reservation of tenements.

- [(1)] [Renumbered by G.N. of 22.10.1984.] 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 Percentages
(1) [ [Substituted by G.N. of 22.10.1984.] Scheduled Castes including Neo-Buddhist 11%
(1-a) Scheduled Tribes 6%
(1-b) Nomadic Tribes 1 ½%
(1-c) Denotified Tribes 1 ½%]
(2) Journalists 2.5%
(3) Freedom Fighters 2.5%
(4) Blind or physically handicapped persons or person in absoluteneed of accommodation on health ground. 2%
(5) Families or Defence personnel and personnel of BorderSecurity force, who have been killed, disabled or declaredmissing in 1962 Sino-Indian Conflict, or in 1965 or 1971Indo-Pak Conflict, in any combat thereafter. 2%
(6) Ex-Servicemen and their Dependents 5%
(7) All sitting and ex-members of Parliament Assembly orCouncil,representing constituencies in Maharashtra 2%
(8) Employees of the Authority 2%
(9) State Government Servants and employees of the StatutoryBoards,Corporations, etc.(except the Maharashtra Housing andArea Development Authority) under the State Govt. includingthose who have already retired. 5%
(10) Central Government Servants occupying Staff quarters and duefor retirement within three years or those who have alreadyretired. 2%
(11) [ [Substituted by G.N. of 29.3.1984.] Artists in Film,Television,Drama, Tamasha,or Radio and alsoall other persons engaged in performing arts, includingpainters, sculptors, craftsmen, musicians (both vocal andinstrumental),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 unallotted 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.] [Added by by G.N. of 22.10.1984.]
(3)[ In respect of every group of tenements or plots of vacant land in a lay out 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), (1-a), (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.] [Added by G.N. of 3.4.2002.]