brihanmumbai mahanagarpalika mannual – v department list... · brihanmumbai mahanagarpalika...

BRIHANMUMBAI MAHANAGARPALIKA

MANNUAL – V

THE RULES, REGULATIONS, INSTRUCTIONS, MANNUALS AND RECORDS HELD BY IT OR UNDER ITS EMPLOYEES FOR

DISCHARGING ITS FUNCTIONS

Name/title of the document

Extension of rent free period of NOC granted by Estate Department.

Type of the documents Rules/Regulations

Choose one of the types given below(Rules, Regulation, InstructionsManual, Records, Others)

Brief Write up on the Document: To grant the NOC period (rent free) of 3 (three) years instead of two years.

From where one can get a copy ofRules, Regulations, Instructions, manual and records

OFFICE OF THE ASSTT. COMMISSIONER (ESTATE)MUNICIPAL CORPORATION OFGREATER MUMBAI, MAHAPALIKA MARG, HEAD OFFICE, EXTN. BLDG.4TH FLOOR, FORT, MUMBAI – 400 001.

Fee charged by the department for a copy of rules, regulation, instructions, manual and records (if any)

As per prevailing circular.



The permission to hold marriage and other functions on open space / PG on Mun. leasehold plots.

Type of the documents Rules/RegulationsChoose one of the types given below(Rules, Regulation, InstructionsManual, Records, Others)

Brief Write up on the Document: (1) To recover ex. Gr. Rent of Rs.25,000/= per day per function or 33% of the amount recovered by lessee during the year whichever is more (2) To recover 33% of the amount recovered by lessee for catering/decoration services by way of monopoly, (3) To recover the security deposit of Rs.50,000/= for faithful compliance of conditions.







NOC for erection of antenna and temporary cabin for telecommunication network on MCGM owned/leased properties.

Type of the documentsRules/Regulations


Brief Write up on the Document:

(1) To recover yearly ex.gr.rent at 50% of registered agreement or Area x rate of development land for commercial user (R.R. x 2) x 25% x 15% whichever is more, (2) The security deposit for breaches will not be insisted upon. (3) Transfer matter should not be insisted upon, (4) To take Indemnity Bond indemnifying corporation and undertaking that they will demolish antenna and cellular cabin in case of dispute, (5) To charge penalty if erected without permission.



The policy for charging penalty for delayed payment of ground rent/ex. Gr. Rent.



Brief Write up on the Document: To recover penalty on the amount of delayed payment of lease rent / ex. Gr. Rent etc. at the rate of 18% Simple interest from defaulter lessees for their non payment of Municipal dues in time.







Modification in policy guidelines regarding valuation of land in respect of cessed properties under DCR 33(7).



Brief Write up on the Document: (1) The built up area of staircase, lift lobby which is allowed free of FSI by charging premium vide DCR 35(2) (c), (2) The built up area if any to be handed over to MHADA, (3) The built up area equivalent to 50% of the area, utilized for rehabilitation of existing tenants.







Policy for revision of rates for allowing halls/premises on Mun. leasehold plot for marriage/ religious/social functions.



Brief Write up on the Document: (1) Rs.40,000/= per hall or 33% of the amount recovered by lessee during the year whichever is more, (2) 33% of the amount recovered by lessee against (a) catering and (b) decoration as royalty/pagdi for having monopoly and terms and conditions.







Modification in policy guidelines reg. Valuation of land for fixing ex.gr.rent for redevelopment of Mun. leasehold plots in r/o cessed properties under DCR 33(7).


Brief Write up on the Document: The following Built Up Area exempted for computation of addl. Built up for charging O.T.P. in addition to earlier exemption – (1) staircase, life, lift lobby allowed free of FSI by charging premium (2) BUA handed over to MHADA (3) BUA=50% of area utilized for rehabilitation of existing tenants. Premium per sq.mt. for addl. BUA= Current market rate per sq.mt. x 50% permissible FSI in area (i.e.1.33)OTP = premium per sq.mt. x addl.BUACurrent market rate = 80% of .R.R. rate of developed land. R.R. Rate for commercial = 2 times R.R. rate for industrial = 1.25 times.



Policy of allotting the plot to B.E.S.T. at concessional rate



Brief Write up on the Document: To allot Mun. Plot to B.E.S.T. at 15% p.a. on value of the land at 10% of Ready Reckoner rate as on date of administrative sanction of M.C. under Section 92 (dd) of M.M.C. Act, 1888 for the purpose of B.E.S.T Sub Station.







Policy guidelines for fixation of lease rent respect of renewal of lease of Mun. leasehold plots.


Brief Write up on the Document: 1. Pvt. Organization for residential - 1% of R.R.rate. 2. Industrial – 2% of 1.25 times of R.R. rate.3. Commercial 2.5% of 2 times of R.R. rate.4. Mun. employees society 1% of 25% of R.R.rate.5. Sanstha Registered under Public Trust Act 1950 where Primary School existing -1% of 5% of R.R. rate.6. Primary school not existing - 1% of 10% of R.R.rate.7. Medical welfare, religious registered under Public Trust Act – 1% of 20% of R.R. rate8. Revision for club (a) lease rent so fixed to be increased by 10% after every 10 years.



Utilization of various accommodation reservation structures



Brief Write up on the Document: Policy guidelines for allotting Municipal Built-up premises received as accommodation reservation for dispensary, Health Centers, Welfare center, library, etc. to Public Organizations for maintenance on caretaker basis.







Revised policy regarding valuation of land for fixing lease rent, standard rent for Mucl. Tenement – ex.gr.rent for development, fixing easement charges etc.



Brief Write up on the Document: Lease rent for pvt. Organization – 15% p.a. to adopt ready reckoner rate of developed land on the date of administrative sanction (2) Mucl. employees so – 15% p.a. of 25% of R.R. Rate, (3) Institutions registered under Public Trust Act, 1950 – 15% of 20% R.R. rate. One time premium for adds beyond lease – 7.5 times of annual ex.gr.rent. Charge of user – premium per sq.mt. current market rate of proposed user – current market rate of user – current market rate of user permitted x 25%. Work in C-O-5 premium = 15% x area at the ground level in COS x 25% of R.R. Rate per sq.mt.



Eligibility criteria of educational institutions for allotment of plot for running school.


Brief Write up on the Document: Eligibility criteria: Should be registered under Public Trust Act, 1950, (2) Minimum 5 years’ experience in educational field, (3) shall have sound financial position to construct school and shall submit 3 years audited financial statement, (4) good academic performance for previous three years, (5) shall submit list of Trustees and office bearers with address etc. (6) shall have permission of MCGM/Govt./ University to run the school.







Policy for allowing registered educational institutions to develop the plot reserved for educational purpose.


Brief Write up on the Document: (A) Eligibility criteria: (1) Registered under MUMBAI Public Trust Act 1950, Society Registration Act, 1960 (2) Min. 5 years experience (3) Sound financial position to construct school building (4) 3 years audited financial statement (5) academic performance, etc.

(B) Procedure of allotment.(C) Terms and conditions of allotment.







The permission for Balcony Enclosures in leasehold plots to be issued by A.E. (B&F) of respective ward office.



Brief Write up on the Document: (1) Charges of estate at Rs.200 for 5 (five) square meter of Balcony area (Out to Out) and for any increased area of 2.50 sq. mts. Or part, Rs.100/- to be recovered by AE(B&F) of concerned ward toward B/E fee of Estate dept. (2) Demand register for pagewise entries of all leasehold plot and every otta / Balcony Enclosure approved / regularized by A.E. (B&F) should be mentioned in demand register (3) Copy of final permission for any otta or balcony enclosure granted by AE (B&F) alongwith copy of approved plan should be forwarded to Estate Dept. NOC of Estate not required.



Norms for granting extension of time limit for carrying out the works on leasehold plot


Brief Write up on the Document: The extension of NOC granted by Estate Dept.shall be for same period for which the said proposal has been revalidated by E.E.(B.P.). The recovery of the extra ground rent shall be commenced after expiry of NOC period of two years irrespective of date of OC for said proposal. For amended proposal, NOC from WO (Estates) shall be insisted upon.







Extension of rent free period – educational institutions.



Brief Write up on the Document: To grant four years’ rent free period and two years’ half rent free period to educational institutions, while leasing the plot so as to enable them to construct school building.







Section 92 – Provision governing the disposal of Mucl. Property.

Type of the documents BMC Act, 1888Choose one of the types given below(Rules, Regulation, InstructionsManual, Records, Others)

Brief Write up on the Document: (1) 92 b(iii) – with the sanction of concerned Improvement Committee grant lease (other than a lease in perpetuity) of any immovable property belonging to the corporation, the value of which does not exceed Rs.50,000/= or annual rent of which does not exceed Rs.3000.00 (2) 92(c) with the sanction of Corporation, to grant lease of immovable property, (3) 92cc – Immovable property belonging to MCGM may be sold, leased or otherwise transferred shall not be less than market value (4) 92(dd) – Concessional rent to medical, educational, registered under Charitable Act, Mun. Employees coop. society formed by dishoused with the approval of State Court, (5) 92(ddd) – with the approval of State Government to grant lease not exceeding 60 years at less than market rate to Co-op. Hsg. Soc. of slum dwellers.



Allotment of flat under 10% reservation scheme to Mun. Nominees.



Brief Write up on the Document: (1) To revise S.D. of Rs.5000 – Rs.10,000.00. Further Mun. Employee will not transfer/dispose off flat for a period of 10 years (instead of 5 years) from the date of possession without prior permission of M.C.







Applications for nomination to the Builders/Owners/ Co-op. Soc. in pvt. Layout in reservation of 10% of flat to Mun. Employees



Brief Write up on the Document: Calling applications for nomination for allotment of flat in prescribed form from Mun. Employees in full time service and service not less than 10 years as on 01/12/1981 subject to Rules prescribed.







Allotment of 10% reserved tenements under D.C.R. 1991 to PAP



Brief Write up on the Document: To allot 10% tenements to Project affected persons due to Municipal Development scheme by accepting 25% of current value and prescribed value of said tenements to builder shall be paid from Municipal fund and salient features of scheme.







Allotment of 10% reserved tenements available as per the provisions of D.C.R. 1991 for rehabilitation of PAP



Brief Write up on the Document: (A) Category of PAP : (1) Road widening programme, (2) Acquisition of land for various Mun. purposes, (3) Vacating tenancies on the plot agree to be leased, (4) Development under provisions of T.P.S., (5) Mun. Building dilapidated/collapsed/affected by other calamities, (6) Vacating plot on VLT where required to be given alternate accommodation.

(B) (1) W.O. in consultation with project executing dept. will decide priorities, (2) PAP to pay to Builder cost as fixed by D.P. with incidental charges, (3) Concerned W.O. shall submit individual project wise proposal to Zonal DMC and etc.



Redevelopment scheme under 33(10) of DCR1991 on Mun. Land



Brief Write up on the Document: Concerned ward to prepare Annexure II along with inventory in r/o redevelopment scheme under 33(10) of DCR 1991 on Mun. Land and to submit the same to Asst. Commissioner (Estates) who will issue the annexure II after due verification.







Check list of requirements for leasing Mun. land to slum dwellers society of S.R. Scheme under D.C.R. 33(10)


Brief Write up on the Document: (1) LOI, (2) IOA/IOD, (3) Commencement Certificate, (4) Location/Block/Layout plan on Ammonia Print, (5) Demarcation plan with measurements duly certified by SLR, (6) Extract of C.S. Ho. for amalgamation – sub-division of plot duly certified by SLR, (7) Annexure II in specified format, (8) Registration Certificate for Slum Dwellers Society, etc.







Mode of recovery of capitalized value in case of redevelopment of Mun. tenanted properties.



Brief Write up on the Document: The earlier policy of charging and mode of recovery of capitalized value is not applicable to the proposal which are already approved by I.C./ Corpn.







Payment of extra water and sewage charges in respect of L.U.C. of 12 plots.


Brief Write up on the Document: Not to consider the request of Developer for exemption from payment of extra water charges, sewage charges, LUC pro-rate charges in r/o of scheme on 25% profit basis in view of clauses of Tripartite agreement for 10 cases and for balance two cases, to examine on the basis of incentive FSI Guidelines and as no agreement was executed.







Guidelines for working out market rate for evaluating capitalized value for surplus saleable area based on 80% stamp duty ready reckoner rate.



Brief Write up on the Document: For evaluating capitalized value, rate of surplus saleable area to be disposed of to Developer shall be 80% of ready

reckoner rate or The Developer will

be given option to store surplus saleable area in form of built area in proportion 1:0.5, 1 being Mun. Share which will be capitalized after building completed. Mode of Recovery: 10% before issue of C.C. for rehab or tripartite agreement whichever is earlier and 90% before issue of O.C. to Sale building.



Regularisation of extra u/a area in occupation of Mun. Tenants at the time of redevelopment.



Brief Write up on the Document: (1) To recover premium at the rate of Rs.23,672.00 per square meter being R.R. rate for regularization of u/a area instead of premium rate of Rs.5760.00 per square meters for remaining 40% area of the original authorized carpet area i.e. area on record, (2) 10% of original authorized carpet area shall be regularized by charging Rs.12.00 per square meter per month and recovery of the rent for 12 years, (3) The area of more than 50% u/a are will not charged and regularized.





Clarification under Regulation No. 62(3) of D.C.R. 1999 – Orders



Brief Write up on the Document: Provisions contained in regulation 33(7) is already applicable to ‘B’ & ‘C’ class category cessed building. These provisions of regulation 33(7) shall be made applicable to the building owned by Corporation and constructed during period 1940 to 1950 and during 1950-1960 as the case may be.







Scrutiny of the redevelopment proposal of old Mun. Properties constructed prior to 1940 under modified D.C.R. 33/7.



Brief Write up on the Document: Method for working out benefit of surplus area to be shared between M.C.G.M. and Developers: (a) In case where F.S.I. of 2.5 > area required for rehabilitation plus 50% incentive area then (1) Developer is required to provide rehab and would get 50% of rehab F.S.I. as incentive, (2) Area arrived as per (1) will be deducted from area worked out at F.S.I. ratio of 2.5 (3) remaining F.S.I. will be disposed to the Developer by scale or otherwise and the consideration shall not be less than market value of such premium/rent/other consideration.



Recovery of capitalized value in case of redevelopment proposal under D.C.R. 33(7).



Brief Write up on the Document: Adoption of sale rate in various redevelopment scheme viz. Seetabai Chawls, Kanch Karkhana Co-operative Housing society, Deep Co-operative Housing Society, Mirandawadi Co-operative Housing Society, Datta Kripa, Vazir Mohamed Pathan Chawl. To accept capitalized value in form of cash.







Modifications to Regulation 31, 59, 67, 33(7), 33(8) and 33(9)


Brief Write up on the Document: Redevelopment of Co-operative Housing society of existing tenants/landlords and/or occupier of cessed building of ‘A’ category in Island City attracting provisions of MHADA 1976 and redevelopment of building of the corporation constructed prior to 1940, F.S.I. shall be 2.5 on gross plot area of F.S.I. required for Rehab. + incentive F.S.I. as specified in Appendix III whichever is more subject to provisions.







Administrative guidelines for Urban Renewal Scheme under D.C.R. 33(9) 1991.



Brief Write up on the Document: Repairs and reconstruction of cessed Building and Urban Renewal Schemes undertaken by MHADA and Mumbai Housing and Area Development Board or Corp. in the island city – the F.S.I. shall be 2.4 times that permissible under these regulations – 33(9) and the guidelines.







Government Notification dated 15/10/1997



Brief Write up on the Document: Revised modifications as specified in Annexure except the provisions contained in clause 6.1 to 6.26 of Annexure IV of D.C.R. No. 33(10) of the said revised modifications, subject to condition that provisions of clause 6.1 to 6.26 shall remain in force as per Government Directives dated 15/10/1996 and 06/02/1997.







Reconstruction/Redevelopment of old Mun. Properties by Mun. tenants Co-operative Housing Society.



Brief Write up on the Document: Administrative guidelines for the implementation of the Reconstruction Development Schemes under Regulation No. 33(7) of D.C.R. for Greater MUMBAI 1991 (Read with Appendix III).







Transfer of flats in Co-operative Housing Societies formed by Mun. Employees and other societies formed on Municipal plot of land on lease basis or otherwise.


Brief Write up on the Document: (I) Transfer of Membership to family members no transfer fee will be chargeable. Family: wife/son/son/daughter/brother/sister/daughter-in-law/grandson/daughter (including daughter’s son/daughter)

(II) Under construction: to be transferred to Mun. Employees only.(a) Not stated or upto 20% completed is Rs.10,000/-, (b) upto 50% is Rs.15,000/-, (c) upto 75% is Rs.20,000/-, (d) beyond 75% between B.C.C. not issued is Rs.25,000/-.(III) After lapse of 15 years from the date of occupation or superannuation of Mun.

Employees, whichever is earlier, the transfer in favour of other than Mun. Employees will be permitted.







Request for conversion of ground floor structures at (1) Deonar Mahapalika Vasahat E, F, G, Block (2) Barve Nagar, Ghatkopar, (3) Mitha Nagar, Goregaon (West), (4) Park Site Colony, Vikhroli into ownership basis.


Brief Write up on the Document: (a) To carry out necessary repairs to ground floor structures at (1) Deonar Mahapalika Vasahat E, F, G Block, (2) Barve Nagar, Ghatkopar, (3) Mitha Nagar, Goregaon (West), (4) Park Site Colony, Vikhroli and (b) To allow benefit of retirement except gratuity.







Retired Mun. Employees living in Mun. Colonies



Brief Write up on the Document: To allow the retired Mun. Employees in four ground floor structures to stay there by charging penal/market rent from the date of retirement as per policy, till the final decision in this case.







Issuing of giving staff quarters on ownership basis to the Mun. Employees staying in staff quarters at (1) E,F,G, Block, Deonar Mun. Colony, (2) Mitha Nagar Goregaon (West), (3) S.G. Barve Nagar Mun. Colony, Ghatkopar, (4) Vikhroli Park Site Colony.



Brief Write up on the Document: To recover penal/market rent as per policy from the retired Mun. Employee or legal heirs of deceased employees staying in the staff quarters from the date of retirement to till the date of final decision without prejudice to the right of corporation. Also applicable to retired employees staying in ground floor structures at Malvani Mun. Colony and 378 tenements at Ghatla, Chembur.



Not to give monetary benefit of retirement to Mun. Employees or to legal heirs of staff/service quarter not vacate after retirement/death.



Brief Write up on the Document: To give benefit of pension/family pension, provident fund, encashment, commutation except gratuity. The benefit of gratuity to be given only after getting possession of quarters or transfer under P.T. policy. Till then to recover the rent as per policy.







Recovery of Ground Rent for the plots handed over to the Co-operative Housing societies of Mun. Employees.



Brief Write up on the Document: To recover for the total arrears of ground rent from Mun. Society along with 18% simple interest to keep in deposit account till demand registers are verified by C.A. and opinion on recovery of interest is given by Law Officer.







Vacating the staff quarters by the Mun. employees, who have accepted possession of the flat in Mun. Co-operative Housing society with 80% Housing loan from B.M.C. or who is having ownership accommodation in his/her spouse.



Brief Write up on the Document: The Mun. Employees who have availed loan facility and or membership in Housing societies formed on Municipal Plot shall give Undertaking agreeing to vacate staff quarters on the day he/she receive possession of ownership house. C.A. to observe the same. The Mun. Employee having ownership house with/without loan assistance from M.C.G.M. and in possession of staff quarters also, eviction proceeding shall be taken before O.C./B.C.C. NOC from Estate shall be insisted upon.



Housing Scheme for Mun. Employees, modifying the condition regarding payment of security deposit by the Co-operative Housing societies of Mun. Employees.



Brief Write up on the Document: To modify the condition for grant of lease of Municipal plot to Mun. Employees Co-operative Housing Society and to allow to pay security deposit equal to one year ground rent instead of 2 years ground rent.







Housing Scheme for Municipal Employees for allotment of Mun. Plot of Land to Co-operative Housing Societies of Mun. Employees.



Brief Write up on the Document: Additional Clause 20(A): The Mun. Commissioner may allot/allotment of plot of land on priority and out of turn basis to any emergent categories like fire brigade, security dept., hospitals, water supplies, etc.







Housing Scheme for Mun. Employees, Modification to the condition of eligibility criteria for membership for membership in Co-operative Housing Society of Mun. Employees.


Brief Write up on the Document: Criteria for allowing membership of any Co-operative Housing Society to Mun. Employees having already tenement/flat on ownership basis and desiring to become member of any Co-operative Housing Society shall obtain prior permission of Mun. Commissioner.Specific condition: An affidavit shall be given stating that he/she will sell his existing tenement/flat to Mun. Employees within two months from the date of taking possession of new flat. Not applicable to Mun. Employees having own means without taking benefit of membership in Mun. Soc. In Mun. land / 80% loan facility from M.C.G.M.



Housing Scheme for Municipal Employee modification to the condition of eligibility criteria of 10 years qualifying service in the corporation for membership in co-operative Housing societies of Municipal Employees



Brief Write up on the Document: The limitation revised from 10 years to 3 years full time qualifying service for eligibility to become the members of Co-operative Housing Societies formed by the Mun. Employees.







Housing scheme for Mun. Employees’ for allotment of Mun. plot of land to Co-operative Housing Societies of Mun. Employees.


Brief Write up on the Document: Procedure of Housing Scheme for Mun. Employees for allotment of Mun. plot of land to Co-operative Housing societies of Mun. Employee. The allotment should be done centrally by Estate Department and subject to control of D.M.C. (I). There shall be committee for Housing Scheme under chairmanship of D.M.C. (I). The allotment shall be proportionately classwise to different categories etc.







Cancellation of waiting list for nomination of Mun. Employees in Co-operative Housing Societies and application from Co-operative Housing Societies of Mun. Employees.



Brief Write up on the Document: As previous applications were without consideration in respect of category/class of employees or Caste segregating for 20% reservations for B.C. etc. The said waiting list cancelled with permanent effect.







Allotment of Mun. Plot / Land in the possession of any department to Mun. Employees’ Co-operative Housing Societies

Type of the documentsRules/Regulations


Brief Write up on the Document: Allotment of Mun. Plot / Land in the possession of any department to Mun. Employees Co-operative Housing societies will be decided by concerned department with the sanction of DMC/AMC. File papers to Estate Department for scrutiny of the list of members and for directing 40 members from the waiting list. Also DL to MS to be put up through Estate Department.







Handing over of Surplus land to Estate Department for allotting to Mun. Employees’ Co-operative Housing Societies



Brief Write up on the Document: To hand over surplus plots of land to Est. Department for allotment of the same to Co-operative Housing societies of Mun. Employees working under various department so as to bring uniformity and to give opportunity to all Mun. Employees. The work will be monitored by Ch. Eng. D.P.







Allotment of plots of the Mun. land to the Co-operative Housing Societies of Mun. Employees with the loan assistance from Mun. Funds



Brief Write up on the Document: Allotment of Mun. Land to the Co-operative Housing Societies of the Mun. Employees for development through loan assistance Prom. Mun. Fund by calling applications in the prescribed form on payment of Rs.15/- per form.







To occupy the Mun. Staff quarters for more than permissible period.


Brief Write up on the Document: (1) Staff quarter may be kept in possession till one year from the date of death of employee while in service by paying current standard rent and service charges, (2) In peculiar circumstances, the powers to give concessions will vest with M.C. (3) If the period of one year from the date of death, while in service is not completed as on January 2005, the family may reside there for remaining period subject to conditions, other conditions remain same.







To occupy staff quarters for more than permissible period.



Brief Write up on the Document: Before recovering penal rent in such cases, it is necessary to serve show-cause notice and to conduct enquiry.







To occupy more than permissible period in Mun. Staff quarters


Brief Write up on the Document: Guidelines: (1) To send monthly report to Estate Deptt. Of retired deceased and unfit employees (2) To allow family of retired employee to retain possession for three months and in r/o deceased/unfit employees for six months and to charge current rent and service charges. Thereafter, Rs.10/- per square feet penal rent and service charges – monthly rent, (3) In no case not to allow more than 9 months from retirement, death, unfit. To get the staff quarter vacated in time.







Action against retired mun. employees occupying staff quarters unauthorisedly.



Brief Write up on the Document: To submit the report of eviction action taken against retired mun. employees occupying staff quarters u/a and of vacant staff quarters upto 5th of every month.







Eviction action against retired employees occupying staff quarters unauthorisedly.



Brief Write up on the Document: To dispose of the pending enquiry cases by follow-up immediately and to submit new cases to enquiry officer.







To bring uniformity in allotment of service quarters.



Brief Write up on the Document: All H.D. and W.O. should verify whether service quarters are allotted to Mun. Employees on emergency duty or otherwise and whether service quarters in possession of Mun. Employees who is transferred/promoted or retired has been got vacated. In such case, if not vacated, get it urgently vacated.







Terms and conditions of service quarters


Brief Write up on the Document: Criteria: (1) 5 years service in M.C.G.M., (2) After promotion of employees living in service quarters – 5 years’ occupation in service quarters is necessary for allotment of staff quarters, (3) The transfer of employee in service quarters may be done in the deptt. Having service quarters, (4) If employee expired living in service quarters and if service is granted to his legal heirs on P.T. then no staff quarter to be given.







Mun. staff occupying Mun. quarters although they are having their own accommodation



Brief Write up on the Document: To obtain undertaking-cum-declaration as per prescribed proforma on stamp paper of Rs.100/- from the licensees of staff quarters in Mun. Colony of Ward.







Assessing and recovering damage charges for u/a occupation of Mun. Quarters/Premises.


Brief Write up on the Document: Clarification: The service charges being charged towards service which varies and may increase as per policy. The service charges cannot be included as a penal rent (computing 3 months penal rent as by way of damage). The penal rent is to be computed on following formula.1 month’s (one month’s = penal rent – service charges of the month.Standard rent x 3







Eviction action against retired Mun. Employees in occupation of staff quarters.



Brief Write up on the Document: For recovery of expenses in those case where staff quarters are not vacated by Mun. Employees, the date of effect to be taken where eviction action taken on or after DMC(I)’s sanction dated 02/07/1993 and also to recover the same who have vacated staff quarters w.e.f. 02/07/1993.







Eviction action against retired Mun. Employees in occupation of staff quarters.


Brief Write up on the Document: To recover following expenses from occupants i.e. retired Mun. Employees at their legal heirs from whom vacant possession of staff quarters is obtained. (1) Rs.2000/- being tentative amount incurred while executing warrant of possession. (2) Rs.500.00 being tentative legal charges for taking legal action under Section 105-B (this is applicable in issue of quit notice).







Assessing and recovering damage charges for u/a occupation of Mun. premises.



Brief Write up on the Document: Guidelines for recovering damage charges: (1) The purpose for which and period, the corporation premises is in u/a occupation, (2) Nature, size and standard of accommodation, (3) The rent that would realised to corporation during said u/s occupation, (4) Any damage done during said period, etc. On failure to vacate, employee is liable to pay compensation or penal charges towards damages of u/a occupation initially equivalent to sum of last three month’s rent/compensation per month. Thereafter, such amount as may be fixed by Commissioner in accordance, with the principle of assessment and damages for u/a occupation mentioned in Reg. 1 whichever is more etc.



Charging fees in respect of staff quarters allotted on temporary basis.



Brief Write up on the Document: The orders to charge fees at 10% of pay or standard rent whichever is more in r/o staff quarters allotted on temporary basis w.e.f. 01/07/88 passed by AMC (M) are reconsidered and it has been decided to the policy of charging fees as per previous rates.







Acceptance of licence fee at the rate of standard rent from the employees occupying staff quarters.



Brief Write up on the Document: To accept application from allottee of staff quarters requesting and permission to pay licence fee at the rate of standard rent instead of at the rate of 10% basic pay and to issue the certificate as per prescribed proforma. Monthly fees receipt passed should bear the word “at the rate of standard rent or” at 10% as the position may be.







Norms approved by M.C. and revised from time to time for consideration of special case for allotment of staff quarters.



Brief Write up on the Document: Grounds: (1) The employees occupying service quarters and have to vacate on account of promotion (2) Divorce female employees who produce court order or formal document providing divorce by mutual agreement, (3) Death of husband: (a) a widow already in Mun. service shall apply within 10 years from the date of death, (b) if widow has availed benefit of employment as P.T. then Mun. accommodation is not admissible, (c) If staff quarter already allotted to deceased husband and widow is Mun. Employees then to transfer in her name and (4) House collapse victims, etc.



Action against criminal trespassers



Brief Write up on the Document: As soon as unauthorized occupation of Mun. premises is revealed, the concerned officers of the ward should physically remove these people and report the matter to police with full details. Thereafter, if it is found that Mun. employees have sub-letted / allowed outsider to take possession of Mun. premises, then to take appropriate action against them.







Action to be taken for subletting and harbouring outsiders in Mun. tenements allotted as staff quarters and service quarters to Mun. Employees


Brief Write up on the Document: On inspection report by R.C. etc about Mun. Employees accommodating sub-tenants in the staff/service quarters allotted to them, the concerned H.D. / appointing authority shall commence immediate preliminary enquiry and also take action of placing such defaulting employees under suspension pending departmental enquiry.





BRIHANMUMBAI MAHANAGARPALIKAName/title of the document

Action to be taken for subletting and harbouring outsiders in Mun. tenements allotted as staff quarters and service quarters to Mun. Employees.


Brief Write up on the Document: Since, the premises belongs to the corporation and as there is provision in tenancy agreement / leave and licence agreement, employee of the corporation can inspect the staff quarters after sunset to sunrise. However, it is desirable not to enter premises in very late hours in night so as to avoid inconvenience to occupants and putting occupants and the staff in embarrassing position – Law Officer’s opinion.







Checking the rooms allotted to staff quarters



Brief Write up on the Document: Surprise checking of staff quarters in charge of Estates Section should be made by R.C./R.S. accompanied with A.O. (Estates) once in two months and report should be made to Estate Department. Also in case of sub-letting/harbouring outsiders, report of employee under whom he is working shall be made.







Action to be taken for subletting and harbouring outsiders in Mun. tenements allotted as staff quarters and service quarters to mun. employees.



Brief Write up on the Document: Guidelines: (1) Frequent regulars as well as surprise checking of Mun. tenements shall be performed by R.C./R.S. (2) The officers for routine maintenance in Mun. Medical Colleges and other responsible officers working under H.D. under whose control some of Mun. tenements are placed should check and ensure that terms and conditions of allotment of quarters are not violated by allottee, (3) To submit monthly report as per proforma to AMC(W) through Estates, (4) Whenever necessary, to take action under Section 105-B and to submit proposal for disciplinary action to concerned department.



Eviction proceedings against retired Mun. employees occupying staff quarters.



Brief Write up on the Document: In view of order of City Civil Court in r/o Khar Tenements, to apply for adjournment in all cases before Enquiry Officer against retired mun. employees occupying staff quarters at various places to postpone the hearing till the matter is finally decided in the High Court – Law Officer advice.







Eviction of retired Mun. Employees from Mun. Quarters given to them on leave and licence basis or as service quarters.



Brief Write up on the Document: In case of Mun. Employees who even after retirement are clinging onto Mun. tenement despite having house/tenement of their own which they acquired with the help of a loan by M.C.G.M. during their service, not to only initiate and conclude the eviction proceedings but even eviction order and try to take possession of Mun. tenement from them.







Eviction proceeding against the retired Mun. Employees occupying staff quarters.


Brief Write up on the Document: To initiate eviction proceeding against Mun. Employees in possession of Mun. Staff Quarters on leave and licence basis and continuing to occupy after retirement. Eviction proceeding should be fully prosecuted but on order of eviction being passed, the final notice in Form “A” under Section 105B(1) of BMC Act should not be served without orders of DMC(I) MC. The papers should be routed through W.O. (Estates).







Eviction proceeding against the retired Mun. employees occupying Mun. quarters.



Brief Write up on the Document: To evict by adopting the procedure laid down by law to legal heirs of retired mun. employees who are continuing to stay in Municipal Quarters allotted to persons from whom they claim to derive their rights.







Repairs to be carried out tenanted mun. tenements of the acquired chawls/buildings and other tenanted properties


Brief Write up on the Document: (1) Major repairs to be carried out through central agencies, (2) Tenants undertaking repairs of tenanted building be allowed by taking undertaking as specified in circular and no loan of any kind be extended, (3) For such repairs, (4) The issue of increased in rent be delinked from repairs, (5) The charges to be recovered to be communicated

separately.From where one can get a copy ofRules, Regulations, Instructions, manual and records






Increase in rent of municipal tenements constructed/ required under different schemes, like residential and commercial



Brief Write up on the Document: To charge the increased rent for residential as well as commercial tenements rent are as follows:-(a) Residential Tenements: (1) The

original rent increased by 25%, (2) Property Tax to be added to rent so increased as above, (3) Service charges to be added ranging from Rs.20 to Rs.80/- as per circular.

Commercial Tenements: (1) The original rent increased by 5 times, (2) Property tax to be added to rent so increased as above, (3) Service charges to be added ranging from Rs.40/- to Rs.60/- as per

circular.



NOC for different kind of works like construction of library/vyayamshala, samajmandir/vachanalaya etc. from out of MLA’s/MP’s and councillor’s fund in the estate department.



Brief Write up on the Document: Since amenities like samajmandir/ vachanalaya/vyayamshala libraries etc. are required for citizen living in such localities after considering all issues, permission be given at ward level by taking suitable undertaking from institutions to whom amenities are being handed over so as to facilitate redevelopment in future.





Carrying out repairs to mun. tenanted building without increase in rent against expenditure incurred thereon out of councilor’s MLA’s and MP’s funds.



Brief Write up on the Document: Utilization of funds provided by councillor’s, MLA’s and MP’s fund for repairs like structural repairs, common toilet repairs, repairs to water supply system, repairs to sewerage lines, repairs for preventive water leakages in the roof, repairs to common passages to mun. tenanted building without increase in rent. The issue of increase in rent as a result of such repairs to be dealt with separately.



NOC for carrying out minor/major repairs to the municipal properties



Brief Write up on the Document: To grant permission for minor and internal repairs at ward level through A.E. (Maint.) of the Ward and for major structural repairs permission be granted on approval of plan by building department and NOC from A.C. (Est) Dept.







Service charges to be levied on municipal tenements.



Brief Write up on the Document: Service charges to be levied on, mun. tenements for residential purposes and other than residential purpose, rent/fee of which is ranging from 1 to 50, 51 to 100 and 101 onwards and also in case of quarters/ tenements allotted on hire purchase basis for residential/commercial purpose.







Transfer of Room on tenancy basis



Brief Write up on the Document: To convert leave and licence tenements i.e. Staff Quarters on tenancy basis (to extend the benefits of tenancy to the mun. employee)







Conversion of rent-free accommodation in rooms in B.I.T. chawls into standard rent room.



Brief Write up on the Document: To extend benefit of conversion of rent free room in lieu of H.R.A. into standard rent rooms to mun. employee who were removed or dismissed from mun. service or to allow legal heirs to transfer such rooms, subject to stipulations.







Transfer of rooms in B.I.T. Chawls



Brief Write up on the Document: Guidelines for conversion of H.R.A. rooms into standard rent rooms, in the name of M.E.







Transfer of Rooms in B.I.T. Chawls



Brief Write up on the Document: Guidelines for conversion of rent free quarters into standard rent room.







Scale of Fees



Brief Write up on the Document: Various fees charges regarding search, an attestation, copy, duplicate copy, blank T.A., etc.







Noting of sanctioned area in the Tenancy Agreement



Brief Write up on the Document: To mention the original sanctioned area with specific unit in word and in number with proper attestation of the competent authority in the tenancy agreement while submitting the sanctioned papers for registration of Tenancy Agreement in the Office of A.C. (Estates).







Revised policy of splitting up of tenancies in cases of Mun. Tenanted properties


Brief Write up on the Document: (1) Case of those two diff. Families who are staying in diff. Rooms having independent room numbers, structures numbers registered in the electoral roll of 01/01/95 will be considered for split up (2) Cases of those diff. Shop keepers/gala holders of independent shop/gala no. having independent business and separate trade licence and electric bill in their names and occupying galas having access will be considered.







Transfer of Mun. tenements i.e. R/C/I allotted to Mun. tenants wherein unauthorized works/extension is carried out.


Brief Write up on the Document: While transferring the tenancy any extension, encroachment made shall not be considered and only original area is to be transferred. If any u/a work is found the U/T as per specific proforma to be taken undertaking that in case of redevelopment, transferee shall be eligible to the original authorized area. In such cases, permission to be granted “without prejudice” to the right of corporation to take action against u/a works.







Revision of rates of transfer fee/adhoc deposit of transfer of Mun. tenements approved as per I.C.R. No.79 of 12-1-1999 and C.R. No.27 of 10-5-1999.


Brief Write up on the Document: Transfer fee: (1) Upto 180 square feet Rs.10000/= and for 10 square feet or part thereof in excess, Rs.500/= - residential, (2) Commercial – upto 100 square feet Rs.65,000/= thereafter Rs.6500/= for each 10 square feet or part thereof (3) Industrial – upto 200 square feet, Rs.1,00,000/= and thereafter Rs.10,000/= for each 10 square feet or part thereof, etc. Security Deposit: (1) Residential – Rs.10,000.00, (2) Commercial and Industrial: Rs.40,000.00.Increase in rent: (1) Commercial and Industrial Rs.200/= per month for 100 square feet, Rs.20/= per 10 square feet or part thereof in excess. (2) Change of user – Residential to Commercial/Industrial – Rs.300/= per month for 100 square feet and thereafter Rs.3/= per square feet in excess. (3) Residential = Rs.10/- for 100 sq. ft. and part thereof.



Modification of charges for regularization of change of user



Brief Write up on the Document: (1) Compensation of Rs.10,000 upto 100 square feet + Rs.250/= for each 10 square feet or part thereof in excess of 100 square feet to the original P.T. as penalty (2) Equal amount as per (1) as penalty towards default by way of change of user and u/a construction, (3) In absence of original P.T., transfer fee of Rs.32,000/= for 1st 100 square feet and Rs.3500/= for each 10 square feet or part thereof in excess of 100 square feet, (4) Rs.15000/= payable by P.T. as admn. Charges for regularization of charge of user.





Disposal of cases of transfer of Mun. tenements (Residential)



Brief Write up on the Document: (1) To continue the practice of scrutinizing the transfer proposal; (2) No transfer be allowed in case of redevelopment at ward level but to put up to Jt.MC(I) through A.C. (Est), (3) Commercial transfer to be put upto Jt. MC(I) through A.C.(Est.) (4) In case of gr. Floor structure, only original area to be considered and not extension/ encroachment.







Revision of late fee for failure of the tenant to submit the document for transfer beyond period of three months.


Brief Write up on the Document: (1) To charge the penalty by way of interest w.e.f. 01/01/1995

To charge penalty at the flat rate of 15% per annum of transfer fee if applicable of transfer is submitted after three months from the date of completion of the document. No penalty to be charged for legal heirs Class-I







Issue of recovery of transfer fee wherein transfer transaction occurred twice or more.



Brief Write up on the Document: Transfer fee shall be charged as per present rate and 50% of transfer fee shall be charged as a penalty for post transfers.







Suggestion increase in Municipal Revenue


Brief Write up on the Document: Revision of rates (1) Harbouring outsiders – Rs.25/- per month per head, (2) Deposit for harbouring outsider per head – Rs.2000/=, (3) Shifting of tenements – Rs.100/=, (4) Mutual transfer of tenements – Rs.1000/=, (5) Transfer of leased plot – Rs.5,000/=, (6)Charging consideration on sale amount mentioned in document/Index II = 7%.







Difficulties in transferring the rooms/shops in the name of legal heirs of P.T.



Brief Write up on the Document: Norms for transferring the rooms/shops in the legal heirs of P.T. & for consent of other legal heirs, charging of S.D. in disputed cases.







Harbouring outsiders in the Mun. tenements allotted to Mun. Employees


Brief Write up on the Document: Norms for charging outsider in Mun. tenements allotted to Mun. Employees & general public. The term “Outsider” will be exclusive of Husband-wife, father-mother, father-in-law/mother-in-law, son-daughter, daughter-in-law/son-in-law, unemployed brother/sister, subject to stipulations mentioned therein, etc.







Transfer policy for residential, commercial and industrial.



Brief Write up on the Document: Detailed procedure for checking transfer cases such as possession proof, P.T.’s consent, security deposit, legal advice, transfer on legal heir ship basis, P.T.’s signature etc.







Revision of rates of transfer fees and security deposit in respect of Mun. tenements as per C.R. 241 of 22-7-1988.



Brief Write up on the Document: Revision of transfer fee and security deposit for Residential/Commercial and industrial galas.Transfer fee:Residential: Upto 180 sq.ft. Rs.5000/= Rs.200/= for every additional 10 square feet.Commercial: Rs.32000/= upto 100 sq.ft. Rs.3500/= for every additional 10 sq.ft.Industrial: Rs.50000/- upto 200 sq.ft. Rs.2000/= for every additional 10 square feet and other requirements.



Prescribing fees for retiring partners in case of Shop tenancies held by partnership firms



Brief Write up on the Document: Charging of fees for joining partners (legal heir/non-legal heirs) in Municipal Shop tenancy.







Transfer of shops in business premises and industrial galas



Brief Write up on the Document: Charging of transfer fee for change in partnership and transfer from proprietorship to a firm.







Policy of transfer of tenancy in the names of legal heirs



Brief Write up on the Document: In case of transfer in favour of widow, son, daughter, mother, sons of predeceased sons etc. no increase in rent and no transfer fee to be charged (Class I). In case of father, brother, sister, etc. no increase in rent but transfer fee to be charged (Class-II)







Policy regarding mutual transfer of tenements



Brief Write up on the Document: Powers to Ward Officers to sanction mutual exchange of rooms without increase in rent subject to guidelines mentioned therein.







Increase in fees in respect of VLT allotted by Estate deptt.



Brief Write up on the Document: Increase in fees of V.L.T.s at flat rate of 50% increase above the fees existing for residential and 100% increase above existing fees for commercial.







Revision of Monthly rent/transfer fee/security deposit/other deposit etc. for VLT at the time of transfer/creation.



Brief Write up on the Document: Rules for charging rent/transfer fee and security deposit for VLT at the time of transfer/creation for residential/commercial and also for new allotment as special case approved by M.C.







Policy regarding issue of repairs permission to the occupants of VLT without insisting NOC from P.T. & irrespective of u/a status of structure.



Brief Write up on the Document: Guidelines to be followed while scrutinizing the application for repairs received from V.L.T. tenant/legal heirs/occupants and to obtain I.B. if case fits as per policy.







Grant of VLT & transfer of VLT on municipal land



Brief Write up on the Document: Set back land/land acquired by MCGM for public purpose, no new VLT to be created. Also in case of immediate development, no request for transfer of VLT to be considered.







Desirability of discontinuing the practice of giving vacant lands on tenancy basis



Brief Write up on the Document: No VLT to be created except some peculiar cases and for such cases, regular proposal to be put up to W.O. (Est)/DMC(I)/M.C.







Policy regarding vacant land tenancies



Brief Write up on the Document: 1. The policy of which VLT is required for public or development purpose.

2. Transfer of VLT already in existence and not required by MCGM.

3. V.L.T. tenant leaving huge arrears and his tenants

General creditorsFrom where one can get a copy ofRules, Regulations, Instructions, manual and records




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