Maharashtra Regional Planning and Town Planning Act, 1966.

Instructions under Section 154 regarding concession in surcharge levied on additional carpet area index as per prevailing Development Control Promotion Rules …

Government of Maharashtra
Ministry of Urban Development,
Mumbai 400 032.
Govt. Resolution No. TPS-1820 / Ano.27 / Pr.No.80 / 20 / Nov-13,

Date: 14/01/2021

Preface: – State Government, Danger of Covid-19 virus infection and World Health Organization The state government is taking various measures for economic reforms in the wake of the global epidemic, the announced lockouts in the state from time to time and the radical slowdown in global economic and industrial progress due to all these factors. As part of this, efforts are underway at the government level to revive the real estate sector. In this regard, it is necessary to encourage the construction sector to revive. In this connection, the Deepak Parekh Committee has made some recommendations. The premium levied while approving the Additional Carpet Area Index is levied by the Planning Authority on the percentage fixed by the Government. In such a premium, there is a certain share between the government and the planning authority. The premium to be levied in the regional planning area is the percentage fixed by the government at the branch offices of the concerned town planning department. Charged by the Collector. The premium for the additional carpet area index is to be levied as per the percentage fixed by the government at the respective market rate of the respective year in the annual market price scale. Therefore, the government is of the view that the surcharge for such additional carpet area index should be waived as per the recommendation of the Parekh Committee and the matter should be implemented immediately. Also, as per the provisions of the prevailing Development Control and Promotion Regulations, premiums are levied for other matters by the Planning Authority as well as other authorities in addition to the Additional Carpet Area Index. According to this, the government has decided to inform all the planning authorities as well as other authorities about the decision to be taken at the level of planning authorities / other authorities to give 50% (fifty percent) rebate in the premium charged.

Reasons In this regard, under Section 154 of the Maharashtra Regional Planning and Town Planning Act, 1966, instructions are being issued to all Planning Authorities / All Branch Offices of Town Planning Department / All Collectors / Other Authorities as under:

“Instructions”.

1. As per the prevailing Development Control and Promotion Regulations, 50% (fifty per cent) rebate should be given in case of surcharge on additional carpet area index / fungible carpet area index in the planning authority area as well as in the regional planning area. While implementing accordingly, the following action should be taken (A, B and C).

2. As per the provisions of the prevailing Development Control and Promotion Regulations, in addition to the additional carpet area index, 50% (fifty per cent) rebate will be levied on the surcharge levied by the planning authorities as well as other authorities for other matters (e.g. The decision should be taken by the planning authority / other authorities. The following (a, b and c) action should be taken while implementing it.

A) The following projects / project parts will be eligible for this scheme.

(i) Ongoing projects and new projects: 50% (fifty per cent) rebate will be payable on such projects directly till 31/12/2021.

(ii) This concession is applicable only for all premiums to be levied as per Development Control and Promotion Regulations and will not be applicable for Development Charges or other administrative matters.

B) EWS / LIG / MIG / HIG area houses / flats / commercial-industrial etc. Only developers who pay the stamp duty (ie reduce the stamp duty of the customer to zero) will get the benefit of the scheme and such developers will be required to make such public disclosure and action as follows.

I. For projects wishing to participate in the scheme, the concerned developer has to submit a guarantee to the Planning Authority that the customer will pay the full stamp duty.

II. The developer will have to submit a certificate to the planning authority that the entire cost of the stamps in such project has been borne by the developer.

III. The developer will have to publish a list of customers who have thus paid the full cost of the stamps on their website.

IV. List of projects which will participate in this scheme or the part of the project for which concession has been taken, Municipal Commissioner / Municipal Council or Nagar Panchayat For information through the Chief Officer / Collector / Planning Authority, the Stamp Registration Office has to be informed. It will also have to be published on the website of the concerned authority.

V. Projects availing these concessions will have to continue the benefit of stamp duty concession till the sale of the benefited construction area.

c) The Annual Statement of Rates (ASR) which will be taken as the basis for the new premium to be levied on new projects or new parts of the project which will be based on the Annual Statement of Rates (ASR)

i) applicable on 01/04/2020,

or

ii) The prevailing premium payment, whichever is higher, should be assessed on the basis of Annual Statement of Rates (ASR). For the effective implementation of this scheme, their assistance and guidance will be sought in coordination with Maharashtra as required. These instructions will be implemented immediately.

As per the order of the Governor of Maharashtra and by name, (N. R. Shende)

Joint Secretary, Government of Maharashtra Per:

1) Director, Town Planning, State of Maharashtra, Pune.

2) All Divisional Joint Directors, Town Planning.

3) All Divisional Commissioners.

4) All Collectors.

5) Commissioner, All Municipal Corporations,

6) Metropolitan Commissioner, All Metropolitan Region Development Authorities.

7) All special planning authorities.

8) Chief Executive Officer, Kolhapur Urban Area Development Authority, Kolhapur.

9) All Navnagar Development Authorities,

10) Assistant Director, Town Planning / Town Planner, Town Planning and Valuation Department, All Branch Offices.

11) Chief Executive Officer, All Zilla Parishads.

12) Under Secretary, Navi-1 / Navi-30, Room Officer, Navi-9 / Navi-12, Urban Development Department, Mantralaya, Mumbai.

13) Chief Officer (All Municipal Councils / Nagar Panchayats)

14) Room Officer (Navi-29), Urban Development Department, Mantralaya, Mumbai. 1 – The accompanying instructions should be published on the website of this department.

15) Room Officer, Department of Information and Technology, Ministry, Mumbai. 1 – The instructions should be published on the government’s website.

16) Nivandanasti, Karyasan (Nov-13).

Copy:

1. Hon’ble Chief Minister’s Principal Secretary, Mantralaya, Mumbai

2. Hon’ble Deputy Chief Minister’s Secretary, Mantralaya, Mumbai.

3. Hon’ble Minister, Private Secretary to Urban Development, Ministry, Mumbai.

4. Hon’ble Minister of State, Private Secretary to Urban Development, Ministry, Mumbai.

5. Leader of Opposition, Legislative Council / Vidhan Sabha, Maharashtra Legislative Secretariat, Mumbai.

6. Hon’ble Deputy Speaker, Maharashtra Legislative Council, Maharashtra Legislative Secretariat, Mumbai.

7. Hon’ble Vice President, Maharashtra Legislative Assembly, Maharashtra Legislative Secretariat, Mumbai.

8. Principal Secretary (Navi-1), Urban Development Department, Mantralaya, Mumbai.

9. Director (Town Planning) and Joint Secretary, Urban Development Department, Mantralaya, Mumbai.

Download above Notification in PDF

Also Read Notification on BMC Premium reduction policy 2021

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Disclaimer: The contents of this article are for information purposes only and do not constitute an advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.

Readers are also requested to verify the above information from Official website as we were not able to trace the same on official website of the Maharashtra Government and above information is based on file received on Social Media.

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