(1) Any person desirous of getting a tenement for bona fide residential purposes may, in pursuance of the notice displayed under Regulation 7, apply in Form I. The application shall be accompanied by such particulars as specified in the Forms. Persons below the age of 18 years shall not be eligible to apply for any tenement.
[(1A) A person shall not be eligible to apply for any tenement in municipal area if he or his/her spouse or his/her minor children own a house or a flat or a residential plot of land or holds on a hire-purchase basis or outright sale basis or on a rental basis form the Maharashtra Housing and Area Development Authority a house or a flat or a residential plot of land in his/her name, or in the name of his/her minor children as the case may be, in such a municipal area.]
(2) No application shall be accepted unless -
(a) it is received with its acknowledgements on or before the date specified in the notice displayed under Regulation 7; and
(b) the applicant pays the earnest money or makes the initial payment as specified or required in accordance with such notice.
(3) The applicant shall not be entitled to any interest, on the amount of the earnest money or such initial payment made by him under this Regulation.
[(4) No person shall tender more than one application in the general category or any reserved category in any scheme.
[(5) * * *] [10. Verification of application. - On receipt of all the applications the applications shall be verified to see the completeness of the applications and of the requisite enclosures.
Incomplete application shall stand summarily rejected and no representation or appeal shall be entertained. The remaining applications shall be prima facie treated as eligible applications subject to the detailed scrutiny after holding of drawal of losts if found necessary.]
[11. Drawal of Lots. -
(1) A public drawal of lots shall be held by the Chief Officer if the number of applications prima facie held eligible in each category exceeds the number of tenements being offered for allotment. In these draw, the number of lots drawn shall be equal to the availability of plots/tenements in each category. This will constitute the list of successful allottees subject to the delayed scrutiny.
(2) With a view to providing for a certain number of successful applications in the above drawal of lots being subsequently found to be ineligible on detailed scrutiny to be held after the drawal of lots, the Chief Officer shall proceed to draw lots from amongst the remaining prima facie eligible applicants to constitute a waiting list for allotment purpose subject of a scrutiny.
The number of lots to be drawn for this waiting list shall not be less than the number of tenements/lots in the scheme.
(3) After each draw the Chief Officer or an official nominated by him for this purpose shall enter the name of each drawee in the Register maintained for the purpose so that the names of successful drawees as well as those in waiting list are entered in the said Register in the same order in which they emerge out of the lots. There shall be a separate Register for each category.]
[12. Determination of eligibility. -
(1) A detailed scrutiny of these applicants successful in the drawal of lots that is the list of successful allottees shall be held in the first instance. The list of these applicants out of this list found eligible after detailed scrutiny shall be displayed on the notice board of the Board and eligible applicants shall also be communicated by R.P.A.D. If necessary, the result of this scrutiny would also be announced in widely read local newspaper. Those who are held eligible in the detailed scrutiny shall constitute the "approved list" of allottees,
(2) After determination of the eligibility as provided in clause (1), the Chief Officer shall or any other officer nominated by the Chief Officer for the purpose shall proceed with the allotment of tenements being offered as provided in Regulation 17, out of the successful list and the waiting list.
(3) Those applicants whose applications have been rejected in the detailed scrutiny shall have the right to represent against the decision to Chief Executive Officer/M.H. & A.D. Authority within 15 days of the receipt of the rejection letter. On receipt of any such representation, the Chief Executive Officer/M.H. & A.D.A. may review himself or through an officer appointed by him not below the rank of Deputy Chief Executive Officer or a Deputy Collector, the earlier decision if found necessary. If the representation is rejected the decision shall contain in brief the reasons for rejection. The decision on such representation shall be communicated to the applicant by the R.P.A.D.
(4) Upon admission of the representation by the Chief Executive Officer, the Chief Officer shall hold back from actual allotment a number of tenements/plots equal to the number of applicants who have represented against his decision of the Chief Executive Officer within the prescribed time limit.
(5) In the meanwhile with a view to allotting the tenements equal in member to those held ineligible by the Chief Officer (and by the Chief Executive Officer) under Regulation 12, the Chief Officer or Officer nominated by him in this behalf shall proceed to scrutinise the application in the waiting list according to their serial number given in the waiting list Register maintained under Regulation 11. Those applicants in the waiting list who are held ineligible in a detailed scrutiny shall have the same right to represent as specified in Regulation 12.
(6) The above process of detailed scrutiny and right of representation to those held ineligible shall be continued till all the tenements/plots advertised or actually available are allotted and handed over or the waiting list has been exhausted whichever is earlier. Thereafter the waiting list will cease to be operative.]
[12A. Procedure in cases of previous assessment. -
(1) In cases wherein a housing scheme has been undertaken after a survey or an assessment of the housing requirements of the members of the public in a particular locality and in pursuance of the applications received from them in that behalf, regular applications under Regulation 7, for allotments to be made for tenements in a building or buildings constructed or to be constructed in such a scheme, shall initially be invited only from such of the persons who had earlier applied and registered their names in response to the advertisement published for the assessment of the housing requirements of the members of the public in that locality :
Provided that, if the number of tenements that are constructed or are to be constructed in such a scheme is more than the application received at the time of assessment survey, the notice inviting applications for residential accommodation displayed under Regulation 7 need not be restricted to such persons but in that case the preference for allotment of tenements in that scheme shall be given to such persons who had applied and registered earlier and who are found to be eligible for the same.
(2) If the persons who had earlier applied and registered their names in tenements in such a scheme do not apply in response to the notice displayed under Regulation 7, they shall be deemed to have withdrawn from the scheme and shall not thereafter be eligible for allotment of a tenements therein on the strength of their earlier application and registration.
(3) The amount of deposit or earnest money, if any, paid by a person at the time of assessment survey shall, subject to the deduction of such administrative expenses as may be determined by the Authority, be refunded to him if he has not applied in response to the notice displayed under Regulation 7.
(4) If after allotment of tenements in such a scheme to all the eligible persons who had applied both at the time of the assessment survey and in response to the notice displayed under Regulation 7, there are any surplus tenements remaining to be failed in, the Chief Officer shall, if necessary, renotify the same and shall allot them to members of public in accordance with the provisions of these Regulations.]
[13. Allotment of tenements. -
(1) Allotment of tenements to the eligible applicants shall be floor wise commencing from the first floor of the building to be continued to other upper floors serially and the tenements on the ground floor shall be allotted after the allotment of all the tenements on the upper floors is completed. The tenements on each floor of the building as far as practicable be allotted to eligible applicants in the general category and in each of the reserved categories in proportion to their respective percentages specified in the notice displayed under Regulation 7 and in the order of their ranks entered in the Register maintained under Regulation 11.
(2) Housing Schemes for specific category or categories shall be prepared and implemented by Maharashtra Housing and Area Development Authority with the approval of Government.
(3) The names of persons to whom the tenements are so allotted and all the particulars of the tenements so allotted and any other such particulars as may be determined by the Chief Officer shall be entered in the Allotment Register to be kept for the purpose.]
[14. Renotification of vacancies. -
(1) If for some reasons it is found that all the tenements advertised cannot be offered to those in the approved list or to those in the waiting list according to the procedure in these regulations then the tenements advertised shall be renotified by themselves or as part of any other scheme of the Board.
(2) If the number of eligible applicants for the tenements advertised for the second time under clause (1) is less than the number of tenements so advertised the Board may offer any or all unallotted tenements as per direction of the State Government or with the prior approval of Government.]
[14A. Special provision for disposal of tenements in certain circumstances. - If even after renotification of vacancies as provided in Regulation 14 there is no adequate response and demand for tenements in any particular scheme such of the tenements as cannot be so disposed of must be disposed of on the 'first served' basis or in any other manner determined by the Authority from time to time.]
[15. The variation of the price of tenements. - The price at which the tenements are offered under a scheme could vary amongst the allottees as in certain cases considerable time may have elapsed from the time of advertisement till the actual allotment.]
[16. Allotment of tenements by Board on direction of State Government. -
(1) Notwithstanding anything contained in these Regulations but subject to the provisions of clauses (2) and (3), the Board may allot tenements in any building to any persons according to the direction of the State Government :
Provided that, tenements already advertised for allotment for members of the public shall not be so allotted.
(2) The number of tenements to be so allotted shall be restricted to the extent of 2 per cent, of the total number of tenements in buildings, the tenements in which are notified for the first time, by issuing advertisement or otherwise, for disposal in accordance with the provisions of these Regulations in the year under each of the Economically Weaker Section, Lower Income Group, Middle Income Group and Higher Income Group Category under any of the tenements earmarked earlier for it for a category under any scheme in any city, town or area under this Regulation and direct the Board to allot, in lieu thereof a tenement in the same category in any other scheme in the same city, town or area if it is still available for allotment to any person intimated by the State Government.
(3) The tenements in any scheme remaining unallotted even after the issue to two advertisement as provided in these Regulations shall be deemed to be available for the purposes of this Regulation and may, if so directed by Government, be allotted by the Board to Government nominees, within the quota specified in clause (2).]