On the commencement of these Regulations, the following Regulations shall stand repealed except with respect to things done or omitted to be done under these Regulations, namely:-
(1) The Maharashtra Housing Board (Allotment, Management and Sale of Tenements) Regulations, 1970.
(2) Regulations made by the Bombay Housing Board under clauses (a) and (b) of section 67 of the Bombay Housing Board Act, 1948.
(3) Madhya Pradesh Housing Board Estate Management, maintained by the Board and Terms and Conditions for Use and Occupation Regulations, 1952.
(4) Bombay Building Repairs and Reconstruction Board (Management of Buildings maintained by the Board and Terms and Conditions for Use and Occupation Regulations, 1970.
[(5) Madhya Pradesh Housing Board Regulations - Management and use of buildings and the principles of allotment - Remuneration and service conditions of officers and servants.
(6) Vidarbha Housing Board (allotment of flats on Hire Purchase System under the Middle Income Group) Regulations.
(7) Vidarbha Housing Board (allotment of flats on Hire Purchase System under the Low Income Group) Regulations.
(8) Vidarbha Housing Board (allotment, management and sale of tenements) Regulations.]
[Form I] [See Regulation 9(1)] Maharashtra Housing and Area Development Authority Application for residential accommodation under ........................ Income Group Housing Scheme at ................
In the reservation category of ............. I, the undersigned, apply for a tenement in the ................ Income Group Housing Scheme at My particulars are as follows:-
1. Personal name. Father's/Husband's personal name.
Surname if any.
2. Age in completed years.
3. Present address :
4. Occupation : Agriculture.
Business.
Service.
5. Details about present accommodation :
(i) Whether rental or on ownership basis.
(ii) In whose name the tenancy or ownership stands.
5A. Whether the application and/or his/her spouse owns a house or a flat or a residential plot of land, or holds on a hirepurchase basis or outright sale basis or a rental basis from the Maharashtra Housing and Area Development Authority a house or aflat or a residential plot of land in his or her name, as the case may be, in the Municipal area in which the tenements notified for allotment are situated? if so, give details of such house or flat.
6. Details about agriculture.
Survey No.
Area Village Taluka District
(a) as owner :
(b) as tenant :
7. Details about business :
Nature of Business. Name and address of the establishments.
8. Details about service : Name and address of the employer.
9. Average monthly income of applicant [during previous 12 months.]
Rs.
10. Average monthly income of the applicant's spouse.
10A. Total of 9 and 10. Rs.
11. Whether the applicant has intention to reside in the tenement itself.
12. Whether the applicant has intention to settle at the place where the tenement is purchased.
13. How long has the applicant been staying in Maharashtra.
14. Whether applicant or his/her spouse has applied in any other scheme? If so, give details.
I hereby declare that the information given by me in this application is true and correct. I acknowledge that if the information is noticed to be false, it would result in cancellation of my application, cancellation of allotment of tenement, if any, made in my favour, and legal action for making a false declaration.
I agree to abide by the provisions of the Maharashtra Housing and Area Development Act, 1976 and the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981, and shall execute all such agreements and instruments in relation to the tenement which may require me to do so.
I enclose herewith the certified true copies of the following documents, and I agree to produce the original when I am required to do so before making the first payment:-
(i) Income certificate issued by Collector/Tahsildar (for agriculturists), or The latest assessment order of the Income Tax authorities in respect of the business conducted by me (For Assessee).
(iii) The salary certificates issued by the employer, or Affidavit in support of income -
(a) for myself.
(b) of my spouse.
(ii) [document], as prescribed in the Notice inviting applications for this housing scheme under Regulation 7(1), in respect of stay in Maharashtra.
(iii) My School Leaving or Birth Certificate or a Certificate issued by a Civil Surgeon as regards my age.
(iv) Affidavit declaring that I or my spouse or my minor Child/children do not own or hold on a hire-purchase basis or on an out-right sale basis or on a rental basis from the Maharashtra Housing and Area Development Authority a house or a flat or a residential plot of land within the municipal limit of.
(v) Certificate in support of my claim for including me in the Category indicated at the top of the application from the authorities prescribed in the Notice issued under Regulation 7(1) in respect of this housing scheme.
(vi) Pay-in-slip issued by the Bank towards earnest money.
Place ...........
...........................
Date ............
Signature.
Form II [See Regulation 17(1)] No.
Office of the ................................
Housing and Area Development Board ...........................................
Dated ...........................................
To Shri/Smt.
Subject :- Officer of allotment of a tenement under .......... at.........
Reference :- Your application No. .............. letter No. ...................
Sir/Madam, You have been held eligible for allotment of a tenement under ............. at ..................
The allotment will be subject to the terms and conditions as set out in the appendix to this letter. You are therefore, requested to -
(a) communicate the acceptance of this offer in the form of the "Acceptance letter" enclosed;
(b) execute an affidavit on a non-judicial stamp paper, in the form enclosed; and
(c) Pay a sum of Rs.............. (Rupees only) in cash or by a Demand Draft in favour of;
(d) Furnish your passport size photograph in duplicate and one copy each of the family members whose names are included in the Schedule to the application.
The acceptance letter, the affidavit and requisite copy of the receipt in respect of the above payment should be tendered in this office, on or before ........., failing which this offer will stand cancelled and the earnest money paid by you may be forfeited and appropriated in whole or in part towards administrative expenses.
2. The payment demanded hereby is according to the following:-
(1) Cost of the tenement together with the proportionate amount of premium on the land. This cost may vary or finalisation of accounts.
(2) Legal and other incidental expenses.
Rs.
(3) Total Rs.
(4) Amount demanded by this letter.
Rs.
(5) Balance payable on or before ..................... Rs.
..................... Rs.
..................... Rs.
3. A detailed allotment letter confirming the above allotment will be issued to you immediately after the tenements are ready for occupation. In the meantime it is suggested that you may form a small Committee of allottees with a view to making suggestions about the quality of the construction work being carried out, including any suggestions for improvements. If you do form such a Committee, the Executive Engineer may be informed accordingly, whereupon he will allow the members of your Committee to visit the site and inspect the construction and materials used therein. The names and addresses of the other allottees in your building can be had from ................
Appendix
1. The tenement shall be taken possession of and occupied by the allottee within 15 days from the date of allotment.
2. (1) The allottee shall satisfy himself about the construction, material used in construction, design, workmanship, fittings, fixtures and the like before taking over possession of the tenement.
(2) If any defect in any of the matters referred to in clause (1) is brought to the notice of the Chief Officer within a period of three months from the date of taking over possession, it shall wherever possible be rectified by the Board without further charge to the allottee;
and in other cases, such allottee shall be entitled to receive reasonable compensation for such defects.
(3) Where there is a dispute as regards any defect in the building relating to and of the matters envisaged by clause (1) or as to whether it is reasonably possible for the Board to rectify the defect or as regards the reasonableness of the compensation payable in respect of such defect which cannot be or is not rectified by the Board, the matter shall be referred for decision, with the approval of the Government, to an officer not lower in rank than a Superintending Engineer in the Buildings and Communications Department of the Government as the Board may by order specify within a period of six months from the date of handing over possession. The officer so specified after enquiry record his decision which shall be final.
3. The allottee shall use and occupy the tenement for the purpose of residence only.
4. (1) On allotment of the tenement, all the allottees in a building or a group of buildings shall form a housing society or a company and produce a certificate from the Registrar of the Cooperative Societies of the registration of the housing society, or as the cas.e may be, from the Registrar of Companies regarding registration of the company.
(2) If the allottees agree that after paying the full purchase price of the building and all outstanding dues payable to the Authority, they would like to be governed by the provisions of the Apartment Act, the Authority shall, after all the allottees have paid (he full purchase price and all outstanding dues, submit the building to the provisions of the Apartment Act, by duly executing and registering a Declaration as provided in that Act, and thereupon the allottees shall governed by the provisions of that Act.
(3) It shall entirely rest with all the allottees to decide whether they shall form a housing society or company or be governed by the Apartment Act. The decision once made shall be final.
5. On receipt of intimation regarding registration of the housing society or company by the allottees, or intimation that the allottees have elected to be governed by the Maharashtra Apartment Ownership Act, 1970, the Board shall take all necessary steps to lease the land underneath the building and appurtenant thereto to the housing society, company or the Association of apartment owners for a period of 90 years and to convey to the said society, company, or as the case may be, the Association aforesaid its rights, title and interest in the building containing the tenements and execute the necessary documents in that behalf and deliver all documents of title relating to the building aforesaid to the said housing society, company, or as the case may be, the Association of apartment owners. All charges incurred by the Board for such conveyance including professional charges shall be borne by the housing society, company or the Association as the case may be.
6. The society, company or the Association shall pay the lease rent at 2½ per cent, of the amount of the premium of land per annum. Till such time, the society or company of the allottees is formed and registered or the Association is formed and indenture of lease is executed, the allottee will have to pay the ground rent to the Estate Manager (............), * .........
Housing and Area Development Board, regularly not later than 5th of every month commencing on the date of allotment of the tenement. The ground rent is provisionally fixed at Rs. ..........
* Here insert name of the Board.
7. The housing society, company or the allottees till the Association is formed will be responsible for the payment of all the taxes, cesses, imposts and other dues to the local authority and Government, as the case may be. In order to enable the housing society, company or the Association of allottees to fulfil its or their duties as a lessee of the Authority, the allottee shall pay to the housing society or company or the Authority at the proper time and place his share of the municipal taxes, water and electricity charges, ground rent, share of common services i.e. common lights, sweeper, watchman and the like and his share of the other public charges due, in respect of the land and the building and other dues payable, if any.
8. The maintenance and management of tenements in the building and the land underneath and appurtenant thereto will rest with the society, company or Association, as the case may be, and the Board will not have any concern whatsoever or be responsible in any manner in this respect.
9. The society, company or Association when formed and registered shall have to get the building insured at its own cost, and the allottee shall have to pay to the society, company or Association his proportionate share of the same.
10. The allottee shall be governed by the provisions of the Maharashtra Housing and Area Development Act, 1976 as amended from time to time and the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981, till the building is duly conveyed to the society, company or association, as the case may be.
[10A. If the allottee fails to pay any instalment or any other dues of the Authority on the due date, the Authority, without prejudice to any other remedy available to it shall be at liberty to recover the same together with interest thereon at the rate of.............per cent, per annum as arrears of land revenue under the provisions of section 67 and 180 of the Maharashtra Housing and Area Development Act, 1976.]
11. The sale price of the tenement communicated in the offer of allotment has been fixed tentatively and if after receipt of final bills for the construction of the tenements or payment of interest in the amount of loan taken for the construction of these tenements or for expenditure incurred on supervision and maintenance the Board considers it necessary to revise the price tentatively fixed it will do so and determine the final price payable on allotment and the allottee shall be bound by such determination and shall have to pay on demand the difference, if any, between the final price determined and the price paid by the allottee.
12. If an allottee, surrenders the tenement before the conveyance is passed on to the society, company or the Association his entire period of stay will be treated as on rental basis, and he will have to pay the economic rent for the said period which will be deducted from the amount of the price paid by him. For such surrender, the allottee shall give three clear calendar months' notice to the Board, failing which a further sum equivalent to three months' economic rent will be deducted from the price paid by him before it is refunded.
Affidavit (To be executed before a Magistrate on a Non-judicial Stamp Paper of Rs. 6) I .................. son/daughter/wife of ............... age .................. occupation ........... do hereby solemnly affirm on oath and state as follows:-
1. I have been offered allotment of a tenement by the...............Housing and Area Development Board, under the.............Scheme at...............under the Board's letter No............. dated-----------
2. I reaffirm the statements made by me in my application for allotment of a tenement in the said scheme.
3. I have accepted the terms and conditions of the offer and further undertake to abide by the provisions of the Maharashtra Housing and Area Development Act, 1976, as amended from time to time, and the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981.
4. I declare that the .............. Board shall be at full liberty to cancel the allotment and resume the tenement allotted to me, and to take action for prosecution, if any, if the contents of my application are found to be incorrect, or default is committed by me in respect of the terms and conditions of allotment.
Place :
Date :
(Deponent) Solemnly affirmed before me by the deponent who is identified by ................... whom I know.
(Magistrate).
Form III [See Regulation 17(2)] Acceptance Letter By Registered Post A.D.
By hand delivery To The Chief Officer, .................. Board, Sir, With reference to your letter No..................... dated............
I have to inform you that I accept the offer of allotment of a tenement on the terms and conditions set out in the Appendix to that letter. I further declare that this acceptance is unqualified and without any reservations, conditions or complaint.
Place :
Yours faithfully.
Date:
(Applicant).
Form IV [See Regulation 20(i)(a)] Allotment Letter No. .....................................
Office of ................ Board.
To Shri/Smt., Sir/Madam, Whereas you have accepted the offer of a tenement made to you in our letter No.
........... dated ............ and whereas you have made the necessary payment and have executed the requisite affidavit, you are now informed that you have been allotted tenement No. ................... in Building No............ at
2. The tenement has been completed and is ready for occupation. You are requested to present yourself at site on any working day, within 15 days, before ............. who is authorised to hand over the possession of the tenement to you.
3. In token of having received possession you are requested to give receipt to the aforesaid officer in the accompanying form.
Yours faithfully, (Estate Manager).
Receipt From Shri/Smt.
Allottee of tenement No. ...................................in Building No. ..................... at .....................................................
To, The Chief Officer, .............. Housing and Area Development Board, Sir, I have duly taken over possession on .............. through ............. of the Board, of tenement No. ................in Building No. ............. allotted to me.
Yours faithfully, Place :
Date :
(Estate Manager).
Under Postal Certificate Provisional.
Form V [See Regulation 20(1)(b)] No. ................................
Office ............................
Subject:- Allotment of residential accommodation under Reference:- Your application No. ............... Lot No. ......................
Sir/Madam, I am directed to inform you that you have been allotted tenement No. ........ of Building No.......................... at.....................under ............... with effect from..........on monthly rent of Rs. ................. exclusive of service charges of Rs........... provisionally fixed and likely to be revised with retrospective effect.
2. I have, therefore, to request you to call all at this office before.
on my working day except Friday between 11.00 a.m. to 2.00 p.m. with the amount of Rs.............. as detailed below in cash or demand draft and to obtain an Authority for possession of the above mentioned tenement, on executing the requisite tenancy agreement, and on the conditions specified in this allotment letter.
(a) Rs........ towards initial payment.
(b) Rs. ..... towards permanent deposit.
(c) Rs........ towards advance rent for the month of
(d) Rs.........towards stamp duty.
__________ Rs. _______
3. The tenement in question shall be used and occupied exclusively for the purpose of residence by you and the bona fide members of your family and that you shall pay the rent in the first week of each month regularly in future.
[If you fail to pay in time the rent or any other dues of the Authority you shall be liable to pay interest thereon at the rate of per cent, per annum.]
4. You shall produce a fresh certificate from your employer showing therein your total monthly emoluments within six months from the date of receipt of this letter and thereafter every year in the month of December.
5. You shall also produce one or more copy of your family's recent passport size photo duly attested by your employer. In case you are not employed, the photo is to be got attested by -
(i) A Revenue Officer not below the rank of an Aval Karkoon,
(ii) Special Executive Magistrate,
(iii) A Gazetted Officer,
(iv) A Municipal Councillor, or
(v) An M.L.A. or M.L.C. or an M.P.
6. You shall also produce the original receipt for the initial payment made at the time of submitting the application.
7. If you do not pay the amount mentioned in para 2 above and execute the requisite tenancy agreement in Form VI appended to this letter within the stipulated time, the tenement "may be re-allotted to the next eligible person without any intimation to you, which please note.
Yours faithfully, Estate Manager.
Copy submitted to the Deputy Chief Officer (Estate Management), Bombay, for favour of information - Copy to Rent Collector, Copy to Record Keeper, Copy to Unit Clerk, Copy to Electricity Clerk.
Form VI [See Regulation 20(2)] This Agreement made this ................. day of...........................in year 19 (One thousand nine hundred and ................) between the Maharashtra Housing and Area Development Authority (hereinafter referred to as 'Authority'), a Corporation duly constituted under the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") of the one part and Shri/Smt./Kum..................... (hereinafter called "the tenant") of other part;
Whereas, the * ...................... Housing and Area Development Board duly established under section 18 of the said Act (hereinafter referred to as "the Board") has allotted tenement No.................in Building No. ...........belonging to the Authority and situated at..............................(hereinafter referred to as the said premises) in pursuance of the allotment order made in favour of the tenant;
* Here inserted name of Board.
Now this Agreement witnessth and it is agreed and declared by and between the parties as follows :
The tenant hereby accepts the allotment order authorising him to occupy the said premises and sends herewith a sum of Rs. ....................................as security deposit for the due and punctual payment of the monthly rent as defined in condition 1 and proper observance of the terms under which the tenant may be authorised to occupy the said premises.
In consideration of the Board issuing an allotment order authorising the tenant to occupy the said premises for a term equivalent to the unexpired residue of the calendar month during which the same be issued and from month to month thereafter, the tenant hereby agrees to pay to the Board on behalf of the Authority as and byway of subsidised monthly rent a sum of Rs................ which includes other service charges, as defined in condition 1 below and to observe and abide by the following terms under which the tenant is authorised to occupy the said premises :-
1. The tenant agrees that he shall pay to the Rent Collector or as may be otherwise required by the Board on or before 10th of the month succeeding the month for which the same shall have become due and payable, the said rent inclusive of all the rates, taxes, cesses and other charges in respect of the specific services provided at the said premises such as the special sanitary cess, water rates (general or special), electrical charges and charges for the common service/such as street and common lighting, chowkidars, sweepers, electric or sanitary repairs and the like. All such rates, taxes, cesses and charges shall be deemed to form part of the monthly rent payable by the tenant in respect of the said premises. The question whether or not any rate, tax, cess or other charges is a rate, tax, cess or other charges shall be decided by the Board, and such decision shall be final and binding.
2. The tenant agrees that he shall pay such increases in the said monthly rent and other charges as the Board may consider it fit or expedient to impose on other service charges or on account of any additions and/or alterations to or any conveniences provided at the said premises.
3. The tenant agrees that he shall not, during the currency of the tenancy, make any additions or alterations to the said premises without the previous written permission of the Board. All the alterations and additions (including the fixtures) will become the property of the Authority upon the termination of the tenancy and, the tenant will not be entitled to remove the same, or to claim any compensation in respect thereof, provided always that the Board shall have the full right to call upon the tenant at his expense to remove any such alteration or addition and to restore the said premises to the same condition in which they were, at the date of the commencement of the tenancy.
4. The tenant agrees that he shall not assign, underlet or otherwise transfer the possession of the said premises or any part thereof without the previous written permission of the Board.
5. The tenant agrees that he shall not keep or store upon the said premises any articles of a combustible or dangerous nature.
6. The tenant agrees that he shall allow the Board or its officers and agents or servants or any other person duly authorised by the Board to enter upon and inspect the said premises, and also to carry out such additional and alteration of work or works on the said premises as may be necessary in the interest of the premises or in the general interest of any of the tenants of the colony or in the interest of the general management, if the Board or its officers, servants or agents or the persons so authorised consider it necessary to do so.
7. The tenant agrees that he shall, if the tenancy is terminated, peaceably and quietly hand over possession of the said premises to the Board in the same condition in which they were at the commencement of tenancy, reasonable wear and tear excepted. The question as to what is reasonable wear and tear would be decided by the Board, and the decision of the Board shall be final and binding. The tenant also agrees to make good the loss, or damages that may be caused to the said premises according to the Board in cash or from his deposit, if available.
8. The tenant shall pay the stamp and registration charges payable in respect of this instrument.
9. The tenant shall use and occupy the said premises for the purpose of residence only by himself and by the bona fide members of his family. As and whenever required by the Board, the tenant shall furnish full information about the relationship, age and monthly income and any other information in respect of all the persons residing with him in the said premises.
10. The tenant, agrees that no person duly occupying the said premises shall have any claim against the Authority for any injury or loss that may be caused by fire, accident, theft or from any other causes whatsoever.
11. The tenant shall not use the said premises for any illegal or immoral purpose, and shall not; use it in such a manner as to cause any inconvenience, nuisance, or annoyance to the adjoining tenants or neighbours. The decision of the Board as to whether or not any act of the tenant causes such inconvenience, nuisance or annoyance shall be final and binding on him.
12. If the tenant commits a breach of any of the provisions herein contained, the tenant agrees that he shall for such period during which such breach is continued as may be decided by Board, liable to pay economic rent in respect of the said premises.
13. The deposit of Rs............... made by the tenant, if not forfeited for breach of any of the conditions of agreement, shall be refunded to him after the termination of the tenancy if the tenant shall have duly paid all the rents and fulfilled all the terms herein contained and after deduction of any sums which may be due and payable by him to the Authority.
If the dues of the Authority exceeds the amount of the deposit, the tenant undertakes to pay the excess immediately. In the event of any deduction of any sum from the said deposit during the continuance of the tenancy, the tenant will forthwith on demand pay the amount so deducted, and shall, throughout the tenancy maintain the amount of deposit of Rs................The deposit will be in cash and shall bear no interest.
[13A. The tenant agrees that if he fails to pay the rent or any other dues of the Authority on the due date, the Authority without prejudice to pay other remedy available to it, shall be at liberty to recover the same together with interest thereon at the rate of.........per cent, per annum as arrears of land revenue under the provisions of sections 67 and 180 of the Maharashtra Housing and Area Development Act, 1976.]
14. Any matter to be decided by the Board may be decided by and any notice, permission or consent to be given by the Board may be given by the Chief Officer of the Board for the time being or any other officer duly authorised by the Board; and any communication signed by the said Chief Officer or other officer duly authorised and addressed to the tenant and sent by registered post or left at the said premises or tendered personally or affixed to pay conspicuous part of the said premises shall be considered to be sufficient service.
15. The tenancy shall be subject to the provisions of the Maharashtra Housing and Area Development Act, 1976 and the rules, regulations and by-laws thereunder for the time being in force.
16. The tenant shall abide by all the above conditions and any changes in, or addition to them of which due notice is given to him.
17. The tenant agrees that the undertakings in the application form and other undertakings signed by him this day and attached to the tenancy Agreement form part of this tenancy agreement.
Dated this ............ day of........ 19 .
[Signed, sealed and delivered for and on behalf of the Authority by] In the presence of -
(1)
(2) Common seal of the Authority signed and delivered by- [------------------] In the presence of -
(1)
(2) [Form VI-A] (See Regulation 21-C) Form of Tender of Allotment of Commercial Tenement Instructions. -
(1) Strike out whichever is not applicable.
(2) All additions and alterations in this form should be initialled by the tenderer.
(3) Where necessary, information may be furnished on separate sheets which should be signed.
1. Tenderer's full name …. …. ….
(use block letters) (Surname) (First) (Middle)
2. Tenderer's present address ….....................................
Tenderer's permanent address …....................................
3. The list of members of a co-operative society or names of the directors of the Company, if the tenderer is a co-operative society or a company.
Sr.
No.
Name of the member/director Present address Occupation 1 2 3 4
1. .............. .............. ..............
2. .............. .............. ..............
4. Number of tenement or group of tenements for which tender is offered.
T.N./GTN ..............
5. Category of establishment for which the tenement/ group of tenements is proposed to be used (office/ shop/ dispensary/ clinic/ hotel/ business etc.)
..............
..............
..............
..............
..............
..............
6. Statement of offer.
I/We, Shri/Smt.
Surname First name Middle name Son/Daughter/Wife of
(a) ..............
..............
..............
..............
..............
..............
Son/Daughter/Wife of
(b) ..............
..............
..............
..............
..............
..............
Son /Daughter /Wife of
(c) ..............
..............
..............
..............
..............
..............
(Authorised representative/partner/trustee/managing director/constituted attorney of.........
desire and hereby make an offer for allotment of a commercial tenement/group of commercial tenements No. (s) ........ in the Commercial Centre at ......................... admeasuring about ................sq. metres carpet area and further offer to pay an amount of Rs. (in words and figures) only byway of sale price for the said commercial tenement/group of commercial tenements.
7. I am/we are/my principal are willing to pay half of the sale price amount within 15 days of the acceptance of my/our offer and the balance within such period thereafter as may be intimated to me/us by the Chief Officer or any other officer authorised by him in that behalf.
8. I/we send herewith a demand draft/cash receipt bearing No ...... dated ...... for a sum of Rs....... (Rupees ................ in words ................) being the deposit/earnest money on which no interest is payable to me/us.
9. If my/our offer is not accepted by the Chief Officer.............. Board, the deposit/earnest money of Rs ......... (Rupees .............) paid by.......... (in words) me/us under paragraph 8 hereof shall be returned to me/us without interest.
10. 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 deposit/earnest money paid by me/us under this offer, shall absolutely be forfeited to the Maharashtra Housing and Area Development Authority.
11. If my/our offer is accepted and if I/we fail to pay half of the sale price amount for the said tenement /group of tenements within 15 days of the acceptance of my/our offer and/or the balance within such period as may be intimated to me/us by the Chief Officer or any other officer authorised by him in that behalf 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.
12. 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.
13. I/we agree to abide by the decision of the Chief Officer of the .............. Board regarding allotment.
14. I/we declare that the information stated herein above it 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 tenement/group of tenements.
15. I/we hereby declare that I/we have read and understood the rules governing the allotment of commercial tenements. I/we agree to abide by the provisions of the Maharashtra Housing and Area Development Act, 1976 and the Maharashtra Housing and Area Development (Estate, Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981 and shall execute all such agreements and instruments in relation to the tenement/group of tenements which the Authority may require me/us to do.
........................................Tenderer's full Name(s) Form VII [See Regulation 33(1)] Bombay Housing and Area Development Board, Bombay
1. Name of the occupier in full (Block letters)
2. Status (Owner/Tenant)
3. Details of premises vacated/to be vacated - Tenement No. Premises No.
Ward Street Area Occupied Rent Last rent receipt No.
4. How long has he/she been staying?
5. Names of the other persons staying, with their relationship with the occupier - Name Relationship
(1) ...... ......
(2) ...... ......
(3) ...... ......
(4) ...... ......
(5) ...... ......
(6) ...... ......
6. Total monthly income of the occupier
7. If occupier is not the head of family, total monthly income of the head of the family.
I have read the Maharashtra Housing and Area Development Act, 1976 and the Rules and Regulations thereunder and agree to abide by them.
Signature of Occupier.
Form VIII [See Regulation 33(2)] No.
Bombay Housing and Area Development Board, Bombay Temporary Accommodation Allotment Order under the Maharashtra Housing and Area Development Act, 1976 Whereas Shri ....................in occupation of being a building on which the cess is levied has become dishoused on account of
(a) being required to vacate the building proposed for structural repairs or reconstruction by the Board under the provisions of section 77(b) of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), (hereinafter referred to as "the said Act"); or
(b) the Board being of the opinion that he should temporarily vacate his premises till the structural repairs undertaken on his building are completed; or
(c) the building or part of it suddenly collapsing or becoming uninhabitable on account of fire, torrential rain or tempest; or
(d) any other circumstances other than those stated above;
Now, therefore, the said Shri ................. by this order is allotted temporary accommodation in.....................being a building maintained by the Board for the purpose subject to the following conditions, namely :-
(1) If the said Shri ............. fails to accept the accommodation allotted to him within 30 days from the date of receipt of this allotment order, the responsibility of the Board to provide him with any temporary accommodation shall cease.
(2) The said Shri undertakes to vacate the temporary accommodation and reoccupy the repaired premises/alternative accommodation in the reconstructed building when called upon to do so under the said Act.
(3) The said Shri ............... shall not be required to pay any compensation for the temporary accommodation provided by the Board; but he shall continue to pay to the owner the permitted rent of the premises vacated by him as well as his proportionate contribution of the cess, unless his building is subsequently acquired prior to demolition and reconstruction under the said Act, or the Board decides that the building cannot be acquired in which case he shall forthwith pay every month a sum equal to 18 per cent, of the total monthly income of the head of the family subject to a minimum of Rs. 25 and maximum of Rs. 75 per month, or
(4) He shall pay every month a sum of Rs............as service charges.
(5) The temporary accommodation is provided to the said Shri.......... subject to the provisions of Chapter VIII of the said Act and the terms and conditions of occupation of Authority premises under the provisions of the Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981.
Dated Competent Officer.
Deposit Receipt No. ................ of Rs. 75 handed over to the party, dated ......
Priority list No. ................
Form IX [See Regulation 33(4)] This Agreement made this...................day of..........in the year 19............. (One Thousand Nine Hundred and eighty) between the Maharashtra Housing and Area Development Authority (hereinafter referred to as "the Authority"), a Corporation duly constituted under the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act)", of the one part and Shri/Smt./Kumari...................having his/her residence at.....................of the other part (hereinafter called "the occupier");
Whereas, the Bombay Housing and Area Development Board established under the said Act (hereinafter referred to as "the Board"), has allotted a tenement bearing No................ in the Authority premises Competent Officer, of Rs. 75 handed over to at ................ in pursuance of the allotment made in favour of the occupier as temporary accommodation pending repairs/reconstruction under the said Act or as alternative accommodation allotted by the Board (hereinafter referred to as the said premises");
Now, this Agreement witnesseth and it is hereby agreed and declared by and between the parties as follows
1. The occupier agrees that he shall pay to the Board a sum of Rs. ............ as Security Deposit for the due and proper observance of the terms under which he is authorised to occupy the said premises.
2. It is agreed that the said premises are made available by the Board without the occupier being required to pay any compensation for use and occupation thereof.
3. The occupier agrees that he shall continue to pay to the owner the rent (including permitted increase, if any,) in respect of the premises vacated by him together with his proportionate contribution for the cess as if he had not temporarily vacated the premises and if he fails so to pay, shall be liable for all the consequences provided under Chapter VIII.
4. Unless his building is subsequently acquired prior to demolition and reconstruction under the said Act, or the Board decides for any reason that the building cannot be acquired or the State Government does not approve the proposal for acquisition in which case the occupier agrees that he shall forthwith pay a sum of Rs.............as compensation and a sum of Rs ..............as service charges from the date the Board decides to acquire the property or the State Government decides not to approve the proposal.
5. If the occupier has an income of less than Rs. 350 per month, then he may elect either to pay subsidised rent or a sum equal to 18 per cent, of the total emoluments of the head of the family, subject to a minimum of Rs. 25 per month and maximum of Rs. 75 per month, or
6. Where a building collapses or is rendered unhabitable or is vacated under the said Act and temporary accommodation is allotted on the above terms, but subsequently, the building is acquired, then pending the demolition and reconstruction of the building under the said Act, with effect from the date of the compulsory acquisition order, if such acquisition is not proceeded with and the case is dropped, then with effect from the date on which the proceeding is dropped, the occupier agrees that he shall be liable to pay rent to the Board for such accommodation as provided below
(a) In consideration of Board issuing an allotment order authorising the occupier to occupy the said premises for a term equivalent to the unexpired residue of the calendar month during which the same may be issued and from month to month thereafter, the occupier shall pay to the Board as and by way of monthly rent a sum of Rs. ...........................which includes other service charges as provided in clause (b) and to observe and abide by the following terms under which the occupier is authorised to occupy the said premises.
(b) To pay to the Rent Collector of as may be otherwise required by the Board on or before the 10th day of the month, succeeding the month for which the same shall have become due and payable, the said rent comprising of the said monthly sum of Rs................. and all the rates, taxes, cesses and other charges in respect of the specific service provided at the premises, such as, the special sanitary cess, water rates (general or special), electric charges and the charges for the specific services, such as, street and common lighting, sweepers, chowkidar, plumber and the like. All such rates, taxes, cesses and charges shall be deemed to form part of the monthly rent payable by the occupier in respect of the said premises.
(c) The question whether or not any rate, tax, cess or other charge is a service charge shall be decided by the Board, and such decision shall be final and binding on the occupier.
7. To pay such increase in the said monthly rent and other charges as the Board may consider it fit or expedient to impose on account of any increase in such rates/taxes, cesses or other service charges or on account of any addition or alteration or both to or any convenience provided at the said premises or the building in which the same are situate.
8. The occupier shall not make any additions or alterations to the said premises without the previous written permission of the Board. All the alterations and additions (including the fixtures), termination of the tenancy, the occupier shall not be entitled to remove the same or to claim any compensation in respect thereof provided always that the Board shall have the full right to call upon the occupier at his expenses to remove any such alteration or addition and to restore the said premises to the same condition in which they were at the date of the commencement of the tenancy.
9. The occupier shall not assign, underlet or otherwise transfer the possession of the said premises or any part thereof, without the previous written permission of the Board.
10. The occupier shall not keep or store in the said premises any article of a combustible or dangerous nature.
11. The occupier shall allow the Board or its officers, agents or servants or any other person duly authorised by the Board to enter upon and inspect the said premises, and also to carry out such additions and alterations of work on the premises as may be necessary in the interest of the premises, in the general interest of any of the occupiers of the colony or in the interest of general management if the Board or its officers, servants or agents or the persons, so authorised considered it necessary to do so.
12. (1) At the end or sooner determination of the tenancy, the occupier shall peaceably and quietly yield up possession of the said premises to the Board in the same condition in which they were at the commencement of the tenancy, reasonable wear and tear excepted.
(2) The question as to what is the reasonable wear and tear would be decided by the Board, and the decision of the Board on the question shall be final and binding on the occupier.
(3) The occupier agrees to make good the loss or damage that might have been caused to the tenement, according to the Board, in cash or from the deposit, if available.
13. The occupier agrees to pay the stamp charges payable in respect of his instrument.
14. (1) The occupier agrees that he shall use and occupy the said premises for the purpose of residence for himself and for the bona fidemembers of his family.
(2) As and whenever required by the Board, the occupier agrees that he shall furnish full information about the relationship, age and monthly income and other information in respect of all the persons residing with him in the said premises.
15. The occupier agrees that no person occupying the said premises and claiming through him shall have any claim against the Board, due to any injury or loss that may be caused by fire, accident, theft or from any other cause whatsoever.
16. (1) The occupier agrees that he shall not use the said premises for any illegal or immoral purpose and shall not use it in such a manner as to cause any inconvenience, nuisance or annoyance to the adjoining occupiers of property or neighbours.
(2) The occupier agrees that if there is any dispute as respects the use of the said premises for any of the said purposes, the question shall be referred to the Board and the decision on the question shall be final and binding on him.
17. (1) The deposit of Rs .......... paid by the occupier, if it is not forfeited for breach of any of the conditions of this Agreement shall be refunded to him after the termination of this tenancy, if the occupier has duly paid all the rents and fulfilled all the terms and conditions herein contained, and after deducting any sums which may be due and payable by him to the Board.
(2) If the dues of the Board exceed the amount of deposit, the occupier agrees that he shall undertake to pay the excess immediately.
(3) In the event of any deduction of any sum from the said deposit during the continuance of this tenancy the occupier agrees that he shall forthwith on demand pay the amount so deducted, and shall throughout the tenancy maintain the amount of deposit of Rs..................
(4) The occupier agrees to pay the deposit in cash and that it shall bear no interest.
18. The occupier agrees that any matter to be decided by or any notice, permission or consent to be given by the Board may be given by the Estate Manager for the time being or any other officer duly authorised by ,the Board, and any communication signed by the said officer or other officer duly authorised and addressed to the occupier and sent by the registered post or delivered at the said premises or tendered personally or affixed to any conspicuous part of the said premises, shall be considered to be sufficient service.
19. (1) If the tenant gives one month's notice to the Board of his intention to leave the said premises the tenancy shall terminate.
(2) If the occupier leaves the said premises without giving such notice in writing, he agrees that he shall be liable to pay one month's rent in lieu of such notice and all other charges due from him as provided herein for the notice period.
20. The occupier shall hold the said premises subject to the provisions of the said Act, and the rules, regulations and by-laws thereunder for the time being in force.
21. The occupier agrees that he shall abide all the above conditions and any change in or addition to them of which due notice is given to him.
Signed, sealed and delivered for and on behalf of the Authority by Secretary, Maharashtra Housing and Area Development Authority in the presence of -
(1) ......................
(2) ........................
Signed and delivered by the occupier in the presence of -
(1) .....................
(2) .....................