Mumbai  Hsg. Area & Development Board  Information of Conveyance given

The tenements and the plots in the schemes implemented by MHADA are to be disposed of in accordance with the rules 1981 (Disposal of land) followed by Regulations for tenements Regulations 1981 and Regulations (Disposal of Land) 1982.
Rules are framed by Govt., which indicates the definitions of terms used and adopted in rules and regulations. It also indicates manner of disposal of tenements / plots. All disposals is to be made by public notice & as per Govt. directions under Regulation 16. 
Provision of 47% of reservation for various categories as per Estate Management (Land disposal) rules 1981 under Rule 13 and 2 % for allotment under Govt. discretionary quota under regulation 16 is applicable for each scheme under taken by MHADA.

CATEGORYWISE RESERVATION

As regards to the reservations belonging to S.C., S.T., N.T., D.T., can be considered interchangeably if sufficient number of applications are not received in either of the category. But these reservations can be transferred to other categories like general category with the approval of Govt. 
Similarly as per regulation 16 of Disposal of Land, plots in 9 Agglomerations, namely Gr.Mumbai, Thane, Ulhasnagar, Pune, Kolhapur, Sangli-Miraj, Solapur, Nasik & Nagpur the allotment of commercial & amenity plots & not more than 2% residential plots are to be allotted by Cabinet sub-committee as per guide lines issued vide G.R .dated 22-11-2005.

The Govt. of Maharashtra with a view to deal with the problems of repairs and reconstructions of old dilapidated tenanted buildings in the Island City of Mumbai whose rents were frozen at the year 1940 as per the provisions of the Rent Control Act, formed the Bedekar Committee in the year 1968.

On recommendations of the said Committee, Govt. of Maharashtra passed the Bombay Building Repairs and Reconstruction Act in the year 1969. Under the provisions of this Act, the Bombay Building Repairs and Reconstruction Board was formed in the year 1971. A repair cess was levied on old dilapidated tenanted buildings under the provisions of this Act. Thus, these buildings were called cessed buildings.

Till 1977, this board was directly functioning under government.Subsequently this Act was merged with the Maharashtra Housing and Area Development Act 1976 in December 1977.

The activities of the Board were assigned to the Mumbai Housing & Area Development Board under Chapter -VIII of the MHAD Act - 1976.

Later on, the Mumbai Housing & Area Development Board was divided into three different Boards in November 1992 under provision of Section 18 of the MHAD Act. The three Boards that were formed are:

• Mumbai Housing and Area Development Board
• Mumbai Slum Improvement Board
• Mumbai Building Repair and Reconstruction Board.

Mumbai Building Repair and Reconstruction Board has been assigned to perform the duties of carrying out structural repairs of old cessed buildings and their reconstruction by following procedure laid down under chapter VIII and VIII 'A' of the MHAD Act 1976.

Under this option, the repairs are undertaken through the contractor appointed by the Board, under the supervision of the Architect and the Board’s Engineers. The procedure for carrying out repairs through this method are as follows:

1. Identification of repairs in a building by Survey, complaints from tenants social workers, message in Control Room, etc.
2. Inspection of the building, if necessary.
3. Appointment of Architect.
4. Issue of notice to landlord under clause 89 (I) of MHAD Act.
5. Intimation to occupants to from Co-op Hsg Society to take over the building for better preservation under section 103 (b) of MHAD Act.
6. Intimation to occupants and landlord to come forward for taking up repair works under NOC.
7. Propping the building and demolishing the dangerous portion if necessary.
8. Issue of vacation notice and shifting the residents to alternate accommodation if required.
9. If no response from occupants and land lords for repair and redevelopment, 1st joint inspection with Architect.
10. Submission of estimate by Architect.
11. If the cost is within permissible ceiling limit (P.C.L.) or if excess cost is paid by the occupants or landlord, estimate is to be processed to Board’s meeting for Administrative Approval.
12. Technical sanction, approval to DTP and invitation of tender.
13. Submission of check list to M.C.G.M.
14. Intimation to landlord for purchase of salvage materials.
15. Fixation of agency.
16. 2nd joint inspection by Board’s Engineer with Architect, Contractor and tenants and commencement of work.
17. Upon completion of 75% work, intimation to MCGM for enhancement of repair cess.

Under this option, the repairs are undertaken by the occupants/landlord of the building after obtaining the NOC of the Board. There are further two ways in which the cessed building can be repaired under this option. They are i) NOC with reimbursement and ii) NOC without reimbursement. The procedure for carrying out repairs through NOC with reimbursement is as follows:

A. NOC with reimbursement.

• Identification of repairs by occupants themselves or intimation from Board.
• Obtaining consent from occupants to decide to take up repair work.
• Appointment of NOC holders by occupants.
• Acceptance of appointment by NOC holders.
• Appointment of Architect on Boards panel.
• Acceptance of the NOC work by the Architect.
• Submission of proposal by NOC holder through Architect to Executive Engineer with the following Compliance on (2) to (4) above.
• Upto date payment of building repairs cess to MCGM.
• Undertaking for accepting Board’s terms and conditions for NOC on Rs.100 stamp paper by NOC holders. Similar undertaking from occupants certified by Architect and NOC holder (on plain paper).
• Undertaking for not carrying out unauthorized construction work on Rs.100 stamp paper.
• Undertaking for vacating the Board’s Transit Camp accommodation and shifting the residents to repaired premises on Rs. 100 stamp paper.
• Indemnity Bond indemnifying Board from all litigation, dispute between tenants, landlord, etc. on Rs.200 stamp paper.
• Tenants list certified by the Architect and NOC holder.
• Photographs of the affected portion of building and plan of the building duly indicating the proposed repairs.
• Inspection of the building by Board’s officer. Grant of NOC.
• Application to MCGM for Intimation of Disapproval (IOD) and Commencement Certificate (CC).
• Receipt of Intimation of Disapproval (IOD) and Commencement Certificate (CC ) from MCGM.
• Executing contract agreement by NOC holder with Executive Engineer.
• Appointment of construction agency by tenants and NOC holders.
• 2nd joint inspection by Board officers with NOC holders, Architect and the agency appointment by the NOC holders and commencement of work.
• Periodical reimbursement of expenditure incurred by NOC holders.
• Intimation to enhance the repair cess to MCGM, when 75% of the work has been done and cost to that effect has been reimbursed.

(B) NOC without reimbursement

The activities under this option are same as those for option A from 1-12.

• Repair work will be carried out by NOC Holders and tenants at their cost and hence no reimbursement.
• After completion of work, there is no enhancement of repair cess.