Circular - Charging maintenance charges by the concerned Co-operative Housing Society. Dated 31st May, 2010

Circular - Charging maintenance charges by the concerned Co-operative Housing Society. Dated 31st May, 2010

In respect of charging maintenance charges by the concerned Co-operative Housing Society only after actual distribution of a flat to the beneficiary under the chief Minister prerogative.

Government of Maharashtra
Co-operation, Marketing and Textile Department,
Government Order No. SAGRUYO 2009/PRA. KRAS 344/14-SA, Mantralaya,
Mumbai- 400 032

Dt 31st May, 2010

Preface:-

Distribution of the flats received to the government from house building scheme under Section 20/21 of the Urban Land Ceiling (Maximum holding and regulation) Act, 1976 is being done as per prerogative of the Hon’ble Chief Minister to the nominated person and with the prevalent policy of the government. However, other flats in the scheme are sold to the other person by the concerned scheme holder. Maintenance management of the building where beneficiaries from the government prerogative quota and purchaser who purchased the flat in the building is given to the society by registering the co-operative Housing Society as per prescribed provisions made under Maharashtra Co-operative Societies Act, 1960 and Maharashtra Co-operative Societies Rules 1961 and Model bye-laws.

Some period passed between taking possession of the flats from the governments prerogative quota and distributed it to the prescribed eligible nominated person. During this period charging/demand of the building assessment tax from the Municipal Corporation and similarly maintenance charges and non occupancy charges from the co-operative Housing Societies is made.

In fact, since the possession of the flat to the nominated beneficiary is given after distribution order of the government, the property tax of the said flats is not to the Municipal Corporation from the said nominated beneficiary for earlier period Accordingly the urban development Department has issued government decision vide dt. 16-6-2006. According to the said decision the directives are came into effect that the property tax for the said flat should not be charged up to the period of taking possession of the flats by beneficiary from prerogative quota.

Similarly, the beneficiaries of the flats acquired under Section 20 and 21 of the Urban Land Ceiling Act become the member of the concerned society only after allotment of flats to them. To charge maintenance charges and non-occupancy charge for the period prior to becoming member of the Housing Society is violative to the provisions in the Maharashtra Societies Act 1960, similarly since it necessary to have a equal policy in charging property tax, maintenance charges and non occupancy charges, the Government of Maharashtra has taken following decisions as power conferred under Section 79A of the Maharashtra Co-operative Societies Act 1960.

The Government is giving directives for public interest as per power conferred under provisions in section 78A of the Co-operative Societies Act 1960 that, even though the flat in the Housing Society registered under the said Act is handed over to the government under Section 20-21 of the urban Land ceiling Act 1976 before its possession given to the nominated beneficiary, the society by not charging non-occupancy charges on it should have to charge only maintains charge and it should be taken from the Developer. After allotting and giving possession of the said flat, the concerned Housing Society should take action as per law for charging non-occupancy charges and maintenance charge from that member from the date of allotment.

The said government, decision is circulated with the consent of the Urban Development Department.

The said order is available on the govt. website WWW.Maharashtra.gov.in its computer code no. is 20100531180610001.

By order and in the name of the Governor of Maharashtra.

sd/-

Under Secretary to the Govt. of Maharashtra
Co-operation and Textile.