GOVERNMENT OF MAHARASHTRA 

LAW MiD JUDICIARY DEPARTMENT 

MAIIARASHTRA ACT No. XXVIII OF 1977. 

AREA DEVELOPMENT 
ACT, 1976. 

( As modified  upto  the  30th July 2018 ) 

P1UNTED  EN  INDIA  BY  THE  MANAGER, GOVERNMENT PRESS, WAf AND  PUBLISHED  BY 
THE DIRECTOR. GOVERNMENT PRINTING, STATIONERY 
AND  PUBLICATION,  MAHARASHTRA  STATE,  MUMBAI  400  004 

2018 

E  PRICE :  Rs.  6800  I 

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ThE MAHARASHTRA HOUSING AND AREA DEVELOPMENT 
ACTS 197e 

Pm.&rIBu. 

SECTIONS. 

CONTENTS 

CHAPTER I. 

PRELIMINARY. 

1.  Short title,  extent  and  commencement  of Act. 

lA.  Declaration. 
2.  Definitions. 

CHAPTER  II. 

ESTABLISHMENT 0F THE Aumom'ni- AND Bo.iws. 

3.  Establishment  of Authority. 
4.  Authority th  be  corporate  body  and  local  authority. 
5.  Non-applicability  of Rent  Act  or  any  corresponding  law. 
6.  Constitution  of Authority. 
7.  Term  of  office. 
8.  Conditions  of  service  of  President,  Vice-President  and  non-official  members. 
9.  Resignation  of non-official  members. 
lo.  Temporary  absence  of members. 
11.  Disqualifications  of members. 
12.  Removal  of  members. 
13.  Filling  of vacancies. 
14.  Proceedings  presumed  to  be  good  and  valid. 
i 5.  Existing  Boards  to  continue  until  Authority constituted. 

Organisation of the Authority. 

16.  Authorities  charged  with  execution  of this  Act. 
17.  President  or  Vice-President  to  be  Chief Executive  Officers. 
18.  Establishment of Boards. 
19.  Appointment  of employees  and  conditions  of  service. 
20.  Provident  fund. 
21.  Expenses  of Authority  on  staff. 
22.  Authority  to  absorb  staff of existing  Boards. 
23.  Power of State  Government  of reduction  of remuneration  or  revision  of 

conditions  of service  for  securing uniformity. 

24.  General  disqualification  of all  employees. 

Conduct of Business. 

25.  Meetings  of Aut.hority. 
26.  Temporary  association  of  persons  with  Authority for  particular  purpose. 
27.  Sections  25  and  26  to  apply  to  Meetings  of Boards. 

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(  ii ) 

SEI1ONS. 

!vÍa/zaras/ìtrci  Housing  and Area 
Development Act.,  1976 

F  1977 :  Mah  XXVIII 

CHAPTER III. 

FUNCTIONS, DLTTrES AND POWERS OF THE Aum0TIRY AND BoARDS. 

PAGES 

Functions,  dutîes  and  powers  of  Authrity. 

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29.  Powers.  dutics  afl(1  functions  of  Ruareis. 

CHAPTER IV. 
BUDGET, FrNANCE, Accours AND Auorr. 

30.  Submission  of  budget  to  Authority. 
31.  Sanction  of budget  estimates. 
32.  Submission  of approved  budget  estimate s  to  State  Government. 
33.  Supplementary  budget.. 
34.  Authority's  Fund. 
35.  Deposit  of money  in  fund  and  operation  thereof. 
Power  of Authority  to  borrow. 
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:37.  Application  of  property,  fund,  etc. 
38.  Subvention  and  loans  to  Authority. 
39.  Accounts  and  audit. 
40.  Concurrent  and  special  audit  of  accounts. 

CHAPTER  V. 

AcQulsiuloN  OF LAND AND f)ISP0SAL OF PROPERTY OF THE AUHTOÍUTY. 

41.  Power  of  State  Government  to  acquire  land. 
42.  Power  of  State  Government  to  require  person  in  possession  of lanci  to 

sulTender  or  deliver  possession  thereof to  State  Government. 

43,  Right  to  receive  amount  for acquisition. 

Lands in  ifun.îcîpai  Areas. 

44_  Basis for determination  of amount  for  acquisition  of lands  in  municipal  areas. 
45.  Apportionment  of amount  for  acquisition 
46.  Payment  of amount.  for  acquisition or  deposit  of  same  in  court. 
47.  Powers  of  Land  Acquisition  Officer  in  relation  to  determination  of amount  for 

acquisition,  etc. 

48.  Payment  of  intere . 
49.  Appointment  of Land  Acquisition  Officer. 

t. 

50.  Basis  for  determination  of  amount  for  acquisition  of  lands  in  rural 

areas  1fl(l  other  procedure. 

Lands in  Rural Areas. 

51.  Alternative  accommodalion  to  occupiers  of  residential  premises  where  any 

A iterna tive  Acco,nm ocici tion. 

acquired  building  is  to  be  demolished. 
52.  Power  Lo  purchase  or  lease  by  agreement. 

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1977 : Mah. XXVIII] 

SEcrIoNs. 

Maharashira Housinß and Area 
Developmen.t Act,  1976 

Betternwnt Charges. 

(iii) 

PAGES 

53.  Betterment  charges. 
54.  Notice  to  person  liable  for betterment  charges. 
55.  Agreement  for  payment  of betterment  charges. 
56.  Recovery  of betterment  charges. 

Certain Provisions for Purposes of this Act. 

57.  Transfer  to  Authority  for  purposes  of  this  Act  land vested  in  Municipal 

Corporation,  Municipal  Council  or  Zilla  Parishad. 

58.  Payment in  respect of  land  vested  in Authority. 
59.  Power  of Authority  to  turn or  close  public  street vested  in  it. 
60.  Reference  to  Tribunal  in  case  of dispute  under  section 58  or  59. 
61.  Vesting  in  Municipal  Corporation,  Municipal  Council  or  Zilla Parishad  of 

streets  laid  out  or  altered  and  open  space  provided  by  Authority  under 
any  proposal,  plan  or  project  under  this Act. 
62.  Disputes  regarding  reconstitution  of plots. 
63.  Authority  to  assume  management  of requisitioned  lands. 
64.  Power  to  dispose  of property. 

CHAPTER  VI. 

POWER TO EVICT PERSONS FROM AUTHORITY PREMISES AND TO RECOVER DuEs. 

65.  Appointment  of Competent  Authority. 
66.  Power  to  evict  certain  persons  from  Authority  premises. 
67.  Power  to  recover  rent,  compensation,  amount or  damages  as  arrears  of 

land  revenue. 

68.  Rent,  compensation  or  amount  to  be  recovered  from  deduction  from 

salary  or wages  in  certain cases. 

69.  Competent  Authority  to have  powers  of civil  courts. 
70.  Appeals. 
71.  Bar  of jurisdiction  of civil  courts. 
72.  Penalty  for  obstructing  lawful  exercise  of  powers  under  this  Chapter. 

73.  Tribunal. 

CHAPTER  VII. 

TRIBUNAL. 

CHAPTER  VIII. 

REPAIIs AND RECONSTRUCTION OF DILAPIDATED BUILDINGS. 

74.  Board  for  purposes  of  this  Chapter. 
75.  Board  to  exercise  powers  and  perform  duties  subject  to  the 
superintendence,  direction  and  control  of Authority. 

76.  Duties  relating  to  repairs  and  reconstruction  of dilapidated  buildings. 

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(iv) 

SECTIONS. 

Maliaraslitra Housing and Area 
Development Act,  1976 

[1977 : Mah XXVIII 

77.  Special  powers  of Board. 
78.  Penalty  for  contravening  section  77. 
79.  Power  of Board  to  undertake  building  repairs,  building  reconstruction  and 

occupiers  housing  and  rehabilitation  schemes. 

80.  Where  any  building  is  repaired,  old  building  material  which  is  replaced  to 
become  property  of Authority  in  exchange  for  new  material  provided,  and 
provision  for  compensation  in  suitable  cases. 

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81.  Use  of  property  assigned  or  entrusted  by  Government,  Municipal  Corporation.  33 

Mumbai Building Repairs and Reconstruction Cess. 

82.  Levy  and  collection  of Mumbai  Building Repairs  and  Reconstruction  cess. 
83.  Exemption  of certain buildings  and  lands  from  payment  of cess. 
84.  Assessment  book  maintained  under  Corj,oration  Act  to  contain  entries 

showing  categories  to  which  buildings  liable to  cess  belong  and  other 
particulars. 

85.  Mumbai  Corporation  to  credit  cess  amount  to  Government. 
86.  Munibal  Building  Repairs  and  Reconstruction  Fund. 
87.  Default  of Mumbai  Corporation  in  collecting  or  paying cess. 

Structural Repairs. 

88  Board  to  undertake  structural  repairs  to  buildings  which  are  in  ruinous 

condition and  likely  to  deteriorate  and  falL 
89.  Procedure  before  undertaking  structural  repairs. 
90.  Temporary  accommodation  pending  structural  repairs. 
91.  Repairs  or  reconstruction  of buildings  which  suddenly  collapse  or  become 

uninhabitable. 

92.  Submission  of ProPosal  for  acquisition. 
93.  Clearance  and  compulsory  acquisition. 
94.  Temporary  and  alternative  accommodation  to  affected  occupiers  where 

property  is  acquired. 

95.  Temporary  and  alternative  accommodation  to  certain  affected  occupiers 

where  property  is  not  to  be  acquired. 

95-A.  Summary  eviction  of occupiers  in  certain  cases. 

96.  Amount  of  acquisition. 
97.  Contribution  by  State  Government,  Mumbai  Corporation  and  Authority 
98.  Disposal  of moneys  received  by  the  Board. 
99.  Assistance  from  Mumbai  Corporation. 
100.  Relaxation  or  modification  of certain  provisions  of  Corporation  Act  or 

Regional  and  Town Planning Act  in  case  of Board's  reconstruction  proposal. 

101.  Procedure  for  giving  notice  and  obtaining  permission  for  building  to  be 

repaired  or  reconstructed  by  Board. 

102.  Saving of powers  of other  authorities  and  persons  to  carry out  rapairs  and 

reimbursement  of  cost  for  structural  repairs  in  certain  cases. 

103.  Revival  of owner's  duty  to  cariy  out  tenantable  repairs. 

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1977 : Mah. XXVIII] 

SECTIONS. 

Maharashtra ¡-fowing and Area 
Development Act,  1976 

CHAPTER VIII-A. 

(y) 

AcQuIsITIoN OF CESSED PROPERTIES FOR CO-OPERATIVE SOCIETIES OF Occuieits. 

PAGES 

103A.  Application  of  Chapter  WIT-A  to  certain  buildings. 
103B.  Acquisition  of cessed  property  for  co-operative  societies  of occupiers. 
103C.  Prohibition  on  transfer  of land  or  building  by  society. 
103D.  Relaxation  in  requirement  of minimum  number  of  membership  of 

co-operative  societies  under  this Chapter. 

103E.  Non-member  occupiers  entitled  to  continue  in  tenements  of co-operative 

society. 

103F.  Application  of  Rent Act  to buildings  of co-operative  society. 
103G.  Certain  occupiers  to  be  accommodated  in  transit camps. 
103H.  Application  of provisions  of section  100. 
1031.  Reconstruction  of  new  building  by  co-operative  society. 
103J.  Protections  to  occupiers  or  allottees. 
103K.  Board  for  purposes  of this  Chapter. 
103E  Overriding  effect  of Chapter  VIII-A. 
103M.  Power  to  remove  difficulties. 

CHAPTER  IX. 
Ernoísrnu IMPROVE2LENTOF Swis. 

104.  Board  for  purposes  of this  Chapter  and  its  duties. 
105.  Power  of Board  to  entrust  improvement  works. 
106.  Use  of property  assigned  or  entrusted  by  Government,  Mumbai 

Corporation,  etc. 

107.  Transfer  of improvement works  th  Board. 
108.  Declaration  of  slum  improvement  area  and  execution  of slum  improvement 

works. 
Improvement  works. 

109. 
110.  Association  of  members  of local  bodies  with  improvement  works. 
i i 1.  Power  of Board  to  require  the  occupiers  to  vacate  premises. 
112.  Restriction  ori  buildings  in  slum  improvement  area. 
113.  Orclers  of demolition  of buildings  in  certain  cases. 

Recovery  of Dues of the Authority. 

114.  Recovery  of service  charges. 
115.  Recovery  of  dues. 
116.  Appeal. 

Slum Improvement Fund. 

117.  Separate  Slum  Improvement  Fund. 
118.  Contribution  by  State  Government and local  authority  to  Fund. 
119.  Action  taken  under  Mah. XXIII  of 1973 deemed to  be  taken  under this 

Act. 

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(vi) 

Ma/iarashfra  Housing and  Area 
Development  Act.  1976 
Establishment  of Pctnc/iayats  in  Suini Improvement  Areas. 

[1977 : Mah. XXVIII 

120.  Establishment  of Panehayat. 
121.  Incorporation of Panchayat. 
122.  Constitution  of Panchayat. 
123.  Disqualifications. 
124.  Term  of office  of members  and  their  conditions  of service. 

125.  Commencement  of term  of  office. 
126.  Resignation  of office  by  members. 
127.  Motion  of no-confidence. 
128.  Meeting  of Panc/iayat  and  procedure  to  be  followed. 
129.  Powers  of  Sarpanch and  Upa-Sarpanc/i. 

130.  Removal  from  office. 

131.  Filling  up  of vacancies. 
132.  Vacancy  not  to  affect  proceedings  of Panchayat. 
133.  Dissolution  or  supersession  of Panchayat for default. 

Functions  of the  Panchayat,  Finance  and  Control. 

134.  Duties  of Panchayat. 
135.  Certain  services  to  be  provided  by  local  authority  and Panchayat  to  be 
responsible  for  collection  and  payment  of taxes,  fees  and  charges. 

136.  Use  of property  assigned  or  entrusted  by  Board. 
137.  Violation  of direction  under  section  112(1). 
138.  Assistance  to  Board  for  carrying  out  demolition. 
139.  Contracts. 
140.  Recovery  of  compensation,  service  charges,  etc. 
141.  Panchayat Fund. 
142.  Application  of Panchayat  Fund. 
143.  Appointment  of  servants. 
144.  Budget  and  accounts. 

145.  Power  to  call  for  proceeding,  etc. 
146.  Power  of Chairman  or  any  officer  to  inspect  office  of Panchayat. 
147.  Power  of authorised  officer  or  person  to  inspect  and  give  technical  guidance. 
148.  Audit of accounts  of Panc/iayat. 
149.  Execution  of works  in  case  of emergency. 
150.  Panchayat to conform  to  instructions  given  by  Board. 
151.  Liability  of members  for  loss,  waste  or  misapplication. 
152.  Entry  for  purposes  of this  Chapter. 

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1977 :  Mah. XX\TIll1 

SECITONS. 

Maharwhtra Hou.sing and Area 
Development Act,  1976 

(vii) 

Otlie,' Powers of the Authority under this  Chapter. 

PAGEs 

153.  Powers  of inspection. 
154.  Power  to  enter  land  adjoining  land where  work  is  in  progress. 
155.  Power  to  enter  any  place. 
156.  Occupier's  or  owner's  consent  ordinarily  to  be  obtained. 
157.  Power  to  remove  offensive  or  dangerous  trades  from  slum  improvement 

areas. 
158.  Penalties. 
159.  Cesser  of corresponding law. 

CHAPTER X. 

PROVISIONS OF LOANS. 

160.  Advance  loans  by  Authority. 
161.  Terms  and  conditions  for  advancing  of loans. 
162.  Loan  Advance  Reserve  Fund. 
163.  Money  borrowed  for  advancing  loans  not  to  be  utilised  for  other  purposes. 

163A.  Assistance  for  obtaining  loans  from  banks or  finance  institutions. 

164.  Power  of State  Government  to  give  directions  and  instructions  and  to 

CHAPTER  Xl. 

CONTROL 

suspend  resolutions  and  orders. 

165.  Power  of State  Government to  order  inquiries. 
166.  Reconstitution  of Authority  or  Board. 
167.  Default  in  performance of duty. 
168.  Power  to  appoint  Administrator. 
169.  Dissolution  of  Authority. 

CHAPTER  XII. 

MISCELLANEOUS. 

170.  Annual  and  other  reports. 
171.  Other  statements  and  returns. 
172.  Power  of  entry. 
173.  Notice  of suit  against  Authority,  etc. 
174.  Members  of Authority  or  Board  or Panchayat,  employees  of Authority  or 

Panchaycit  to be  public  servants. 
175.  Protection  of  action  taken  in  good  faith. 
176.  Power  of prosecution. 
177.  Bar  ofjurisdiction. 
178.  Compounding  offences. 
179.  Authority  to  enforce  certain  contracts or  agreements. 

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(rjjj) 

SECTIONS. 

IvIa./iuras/ttra  Housing wici 1,'ea 
Development Act,  197G 

11977 :  1IaIì.)Q(\TllI 

PAGES 

180.  Recovery  of  sums  due  to  existing  Board  or  Authority  as  arrears  of lanci 

revenue. 

181.  Power  to  delegate. 
182.  Penalty  for  obstruction,  etc. 

183.  Removal of difficulLy. 

CHAPTER XIII. 

RULES, REGULATIONS ANI) Bv-Lws. 

ioer to  make  rules. 
184. 
185.  Power  to  make  regulations. 
186.  Power  to  make  by  aws. 
187.  Penalty  for  conLravention  of by  laws. 

CHAPTER  XIV. 

REPEALAND SAVINGS. 

188.  Repeal  and  savings 
189.  Consequences  of  repeal. 
190.  Mali. XLV of  1963  not  to  apply  to  Authority,  etc. 
191.  Amendment of sections  2  and  40  of Mah.  XXXVII  of 1966. 
i 92  Amendment of Schedule  I  of Born.  LII  of  1956. 
193  Deleted. 

FIRST  SCHEDULE. 

SECOND  SCHEDULE. 

THIRD  SCHEI)ULE. 

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1977 :  Mah. XXVIII] 

Ma/z.arashtro  Housing and Area 
Development Act,  1976 

i 

MAHARASHTIIA ACT No.  QCVIH OF 1977.' 
[TILE MAHARASHTRA HousuG AND AREA DEVELOPMENT Acr  19761 
(This  Act  received  the  assent  of  the  President  on  the  25th  day  of  April 
1977;  assent was  first  published  in  the  Maharashtra Oouernment Gazette, 
Part  IV on  the  9th  day  of May  1977.) 

p, 

,, 

" 

Amended  by  Mali.  54  of 1977 
29  of 1978 
21  of 1980  *(299198O)t 
13  of 1981  t(2O-2-1981)t 
38  of 1983 (9-8-1980)t 

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4  of 1985 @(13-2-1985)t 
15  of 1986  @(31-12-1985)t 
21  of 1986  **(2621986)t 
45  of 1986 (19-12-1986)t 
12  of 1989 £(2-2-1989)f 
12  of 1992  (11-5-1992)t 
22 of 1992 £(227-1992)t 
of 1993  ¶$(5-11-1992)t 

3Ø  of 1994  (1-4-1994)t 
42 of 1994 j(20-9-1994)t 
48 of 1994 (8-12-1994)t 
25 of 1996 (4-9-1996)t 

46 of 1997 (29-1O-1997)t 

16 of 1998 (15-5-1998)t 

23 of 2000 
23  of2002  (9-5-2002)t 

1-2-2OOO)t 

6  of2005  129-3-2OO4)j 

31  of  2008  §(29-82OO8)t 

An Act to unify, consolidate and amend the laws rehiting to housing, 
repairing and reconstructing dangerous buildings  and  carrying out 
improvement works  in  slum  areas. 

I 

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t 

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11 

s 

For Statement ofObject  and  Reasons,  see  Maharczs/ztra  Couern,nen.t Gazette,  1976, 
Part V,  Extraordinary, dated 26th July 1976, at pages 581-587  ;  for Joint  Committee 
Report,  see  Mahara8htrci  Government Gazette,  Part V,  Extraordinary,  dated 6th 
December  1976,  at pages  683-764. 
Maharashtra Ordinance No.  LX of 1980 was repealed by  Mah.  21 of 1980, s.  7. 
This  indicates  the date  ofcommencement  ofthe  Act 
Maharashtra  Ordinance No.  H  of1981 was repealed  by Mah.  13  of1981,  s. 3. 
Maharashtra Ordinance No.  Il of 1985  was repealed  by Mali.  4  of 1985,  s.  5. 
Maharashtra Ordinance No. XIV of 1985  was repealed  by  Mali.  15  of 1986,  s. 3. 
Maharashtra Ordinance No.  I  of 1986  was repealed by  Mali.  21  of 1986,  s.  7. 
Maharashtra Ordinance No. II  of 1989 was repealed  by Mah.  I  2  of 1989, s.  18. 
Maharashtra Ordinance No.  VIII of 1992 was  repealed by Mab.  22 of 1992, s.  3. 
Maharashtra Ordinance No.  I  of 1993  was repealed  by  Mah.  11  of 1993,  s.8. 
Sec.  7  ofMah.  11  of 1993  reads as  follows 

"7.  1f,  any difficulty arises  in  giving effect to  the  provisions of this  Act,  the  State  Power to 
Government may as occasion arises, by order do  anything not inconsistent with such  remove 
pn:ivisions, whkh appears to itto be necessary orexpedient for the purposes ofrernoving  difficulties. 
the difficulty: 

Provided that no such order shall be  made after the expiry ofa period  oftwo years 

commencing  from  the 5th  November 1992.". 
Maharashtra Ordinance No. Xffl  of 1994  was repealed  by Mah  42  of 1994,  s.  3. 
* 
@M@  Maharashtra Ordinance No.  VI of2000  was repealed  by Mali. 23  of2000, s.  3. 
@@  Maharashtra  Ordinance No. XXI of2004 was repealed by  Mali.  16  o12005,  s.  3. 
Maharashtra Ordinance No.  VI  of2008  was repealed  by Mali.  31  of 2008, s.  3. 
§ 

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2 

Maharashtra  Housing  and Area 
Development Act,  ¡976 

[1977 : Mah. XXVIII 

'[WHEREAS  on  account  of the  rapid  growth  of  industries  in  the  urban 
areas  and  the  fast  growth  of population  and  commercial  activities  in  such 
areas,  the  need  of  housing  accommodation  could  not  be  met  by  the  limited 
house  construction  activities  in  the  private  sector; 

AND  WHEREAS  in  the  urban  areas  and  particularly  in  the  2[Brihan 
Mumbai]  area  the  old buildings  which  have outlived their lives  and rendered 
themselves  in  a  baci  state  of repairs  and  presented  a  dangerous  possibility 
of  collapse,  necessity  was  increasingly  felt  to  take  up  the  programme  of 
repairs  and  reconstructions  of such  buildings; 

AND  WHEREAS  due  to  acute  shortage  of  accommodation  in  the  urban 
areas  slurn  have  corne up  which necessitated  taking  up improvement  works  in 
slum  areas; 

AND WHEREAS the magnitude ofthe housing programme  for constructions 
of new houses throughout the State and the task of repairs and reconstruction 
of old and dilapidated buildings and improvement of slums in the urban areas 
is  so,  great that  it  is  necessary  for  the  State  Government  to  intervene  and 
take  effective  steps  including  acquisition  of lands  and  buildings  for  carrying 
out  housing,  repairs,  construction  and  reconstruction  programmes  over  or 
in  such  lands and  buildings  and  transferring  ownership  and  control  thereof 
to  needy  persons  so  as  to bring  about  an equitable  distribution  of ownership 
and  control  in  houses  in  such  lands  and  buildings  to  subserve  the  common 
good;] 

3[AND  WHEREAS]  there  are  at  present  various  corporate  and  statutory 
bodies in  the State which  have been established,  for dealing with the problem 
of  housing  accommodation,  for  repairing  and  reconstructing  buildings  in  a 
bad  state  of disrepair  and  presenting  a  dangerous possibility  of collapse, for 
carrying  out improvemental  works  in  slum  areas,  and  for  advancing  loans 
for  construction  of  houses; 

AND  WHEREAS  the  programmes undertaken  by  these bodies  are more  or 
less  complementary and  there  is  considerable  overlapping  in  their  working 
or  functioning; 

AND  WHEREAS  it  is  considered  necessary  and  expedient  to 
co-ordinate  the  housing programmes  with an  orderly development  of urban 
areas  in  the  State; 

AND  WHEREAS  with  a view  to  integrating  the  activities  of these  bodies 
so  as  to  provide  for  a  more  comprehensive  and  co-ordinated  approach  to  the 
entire  problem  of  housing  development,  and  planning  and  development  of 
certain  areas  in  a  balanced  manner,  with  sufficient  attention  to  ecology, 
pollution,  over-crowding  and  amenities  required  for  leading  a  wholesome 
civic  life,  it  is  expedient  to  establish  a  single  Corporate  Authority  for  the 
whole  State and  establish  new  Boards  for  certain  areas  of the State to  carry 
out the  plans  and  programmes of such  Authority  for  the  purposes  aforesaid, 
to  replace  the  existing  Boards  by  the  new  Boards  aforesaid  and  to  provide 
for  matters  connected  with  the  purposes  aforesaid;  It  is  hereby  enacted  in 
the  Twenty-seventh  Year  of the  Republic  of  India  as  follows  :- 

i  Thse paragraphs  wcrc inserted  by Mah.  21  of 1986, notwithstanding anything contained in 
and shall  be deemed  alway5 to have been. inrted, 

any Judgement, decree or orderofany 
by s.  2(a) thereof 
'I'hese  words were substituted for the wortis  Greater Bombay "  by  Mab.  25 of 1996, s.  2,  Sch.(3). 

2 

3  These  words were substituted  for the word' WHEREAS  '  by Mali. 21  of 1986. 

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3 

Short  title, 
extent and 
commence- 
ment of Act. 
5(*I. 

Declaration. 

Definitions. 

1977 : Mah. XXVIII] 

Mah.arashtra  Housing and Area 
Development Act,  1976 

CHAPTER  L 
PRELIMINARY. 

1. 

(Ï)  This  Act  may  be  called  the  Maharashtra  Housing  and  Area 

Development  Act,  1976. 

(2) 

'[Chapter  VII  and  Chapter  VIII-A  extend]  only to  2[Brihan  Mumbai], 
and  the  rest  of the  Act extends  to  the whole  State of Maharashtra  including 
2[Brihan  Mumbai]. 

(3)  This  Act  shall  come  into  force  in  such  area,  from  such  date3,  as  the 
State  Government  may,  by  notification  in  the  Official Gazette,  appoint;  and 
different  dates  may  be  appointed  for  different  provisions  of this  Act  for 
different  areas. 

(4)4[  * 

* 

* 

* 

* 

6[lftL 

It  S hereby  declared  that  this  Act  is  for  giving  effect  to  the  policy 
of the  State  towards  securing  the  principle  specified  in  clause  (b)  of  article 
39  of the  Constitution  of India  and  the  execution  of the  proposals,  plans  or 
projects  therefor and  the  acquisition therefor of the  lands  and  buildings  and 
transferring the  lands,  buildings  or  tenements  therein  to  the  needy  persons 
and  the  co-operative  societies  of occupiers  of such  lands  or  buildings.J 

In  this  Act,  unless  the  context  requires  otherwise,- 

2. 
(1)  " amenity  "  includes  road,  bridge,  any  other  means  of  communication, 
transport,  supply  of water  and  elecricity,  any  other  source  of energy,  street 
lighting,  drainage,  sewerage,  educational  and  welfare  projects,  markets  and 
conservancy,  and  any  convenience which  the  State  Government  may,  in 
consultation with the Authority,  from  time to time by notification in the  Official 
Gazette,  specify  to  be  an amenity  required  for  )eading  a  wholesome  civic  life 
for  the  purposes  of this Act; 

(2)  "  appointed  day "  means  the  day  on  which  the  Authority  is  duly 

constituted under  section  6; 

(3)  "  Authority  "  means the  Maharashtra  Housing  and Area  Development 

Authority  established  under section  3; 

(4)  L'  Authority premises "  means any premises belonging  to,  or vesting in, 
the  Authority,  or  taken on  lease  by  the  Authority,  or  entrusted  to,  or  placed 
at  the  disposal  of,  the  Authority  for  management  and  use  for  the  purposes 
of  this  Act. 

Explanation.-In this  clause  «  Authority  premises  "  includes  any  premises 
taken by  persons from  the Authority  under  hire-purchase  agreement,  during 
the  period  any payments  are  to  be  made  by  such  person  to  the  Authority 
under  such  agreement  or  until  such  agreement  is  duly  terminated; 

(5)  "  betterment  charges  "  means  charges  payable  under  section  53; 
(6)  "  Board  "  means  a  Board  established  under  section  18; 
(7)  u Building  »  for the purposes of Chapter  VIII, means  building in respect 
of which  the  cess  is  levied  under that  Chapter  and  includes  a  tenement  let 
or  intended  to  be  let  or  occupied  separately  and  a  house,  out-house,  stable, 
shed, hut and every other such structure but does not include any such building 
or  structure  which  as  a  whole  is  unauthorised  or  any  building  which  is  a 
I3om.  temporary  building  as  defined  in  clause  (sb)  of  section  3  of 7[the  Mumbai 

Municipal  Corporation  Act]; 

These wunk; and  figures were substituted for the words and  figures "  Chapter VIII  extends "  by 
Mah. 21  of1986.  s.  3  (a). 
These words were substituted for the  words "  Greater Bombay " by Mah.  25 of 1996, Schedule. 
The whole oftheState ofMaharashtra with effectfrom the 5th December 1977.uide G.N.,P. W.  and 
RD., No.  MHA.  1077ì3YDesk-44, dated the  3rd December 1977. 
Sub-section (4) was  deleted by Mali. 21 of 1986, s.  3(b). 
The words and figures " and duration ofChapter VIIF were deleted, by Mah. 21 of1986. s. 3(c). 
Section lA was inserted,  by Mali.  21 of 1986,  s.  4. 
These  words  were  substituted  for  the  wonis 
Mali.  25  of  1996)  s.  2,  Sch.  para  (3). 

the  Bombay  Municipal  Corporation  Act"  by 

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4 

Maharaslitra Housing and Area 
Development Act,  1976 

[1977 :  Mah. XXVIII 

(8)  "  bye-laws  "  means  bye-laws  made  under  section  186; 
(9)  "  cess  "  means  a  tax  on  lands  and  buildings  levied  or  leviable  under 

Chapter  VIII  of this  Act; 

(10)  «  Chairman  "  and  «  Vice-Chairman  "  means  the  Chairman  and  the 

Vice-Chairman,  respectively  of  a  Board; 

(11)  "  Competent  Authority  "  means  an  officer  appointed  to  be  the 

Competent  Authority  under  section  65; 

(12)  "  co-operative  society  "  means a  co-operative housing society registered 

or  deemed  to  be  registered  under  the  Maharashtra  Co-operative  Societies  Mah 
Act,  1960; 

XXiV of 

(13)  "  development  ",  with  its  grammatical  variations,  means the  carrying 
out  of building, engineering,  mining or  other  operations in,  or over,  or under, 
any  land (including land  under  sea,  creek,  river,  lake  or  any other  water)  or 
the  making  of any  material  change  in  any  building or  land,  and  includes  re- 
development  and layout  and  sub-division  of any  land,  and  also  the  provision 
of amenities  and  "  to  develop  "  shall  be  construed  accordingly; 

(l4)  "existing  Board"  means,- 

(i)  the  Maharashtra  Housing  Board  constituted  under  the  Bombay  Born. 

LXIX of 

Housing  Board  Act,  1948 

(ii) the Vidarbha Housing  Board constituted under  the Madhya  Pradesh  M. 1' 

Housing  Board  Act,  1950, 

(iii)  the Bombay Building Repairs and Rconstruction Board constituted  Mah. 

under the  Bombay  Building  Repairs  and  Reconstruction  Board  Act,  1969, 

(iv)  the  Maharashtra  Slum  Improvement  Board  constituted  under  the 

iah. 

Maharashtra  Slum  Improvement  Board  Act,  1973, 

of 

of 

( u)' 
functioning  in  the  State  or  any  part  thereof immediately  before  the 

* 

* 

* 

K 

appointed  day; 
(15)  "  fund  of the  Authority "  means  the  fund of the Authority  referred  to 

in  section  34; 
(16)  Lt  land  " 

includes  open  sites  and  land  which  is  being  built  upon  or  is 
already  built  upon,  benefits  to  arise  out  of land  and  things  attached  to  the 
earth  or  permanently  fastened  to  anything  attached  to  the  earth;  and  also 
include  land  under  sea,  creek,  river,  lake  or  any  other  water; 

(17)  "  Land Acquisition  Officer  "  means an  officer appointed  as such under 

section  49  of this  Act; 
(18)  "member"- 

(i)  fl relation to the Authority, means  a member ofthe Authority including 

the  President  and  the  Vice-President  thereof, 

(ii)  in  relation  to  a  Board,  means  a  member  of the  Board  including  the 

Chairman  and  the  Vice-Chairman  thereof, 

(iii) in relation Lo  a Panchayat,  means a  member ofa Panchayat including 

the  Sarpanch and  Upa-Sarpanch thereof; 

i  Paragraph  (u) was deleted by  Mih. 54 of 1977,  s.  2. 

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1977 :  Mah. XXVIII] 

Maharashtra Housing and Area 
Development Act,  197G 

5 

(79)  'Metropo1itan  Act"  means  'fthe  Mumbai  Metropolitan  Region 

Mah. 1  Development  Authority  Act,  1974]; 
of 19Th. 

(20)  "Metropolitan  Authority"  means  2[the  Mumbai Metropolitan  Region 

Development  Authority]  established  under  the  Metropolitan  Act; 

(21)  "Metropolitan  Region"  has  the  meaning  assigned  to  it  in  the 

Metropolitan  Act; 

(22)  "Municipal  Commissioner"  means  the  Municipal  Commissioner  of a 

Municipal  Corporation; 

(23)  "Municipal  Corporation"  means  a  Municipal  Corporation  established  or 

constituted  under  any  law  for  the  time  being  in  force  in  the  State; 

(24)  "Municipal  Council" means a Municipal  Council established under £the 

Mah .XL  Maharashtra  Municipal  Councils  Act,  1965; 
of 1965. 

(25)  "occupier"  includes- 

(a)  any  person who  for the  time  being is  paying or is liable to  pay to the 
owner  the rent or any  portion of the rent of the land  or  building  in  respect 
of which  such  rent  is  paid  or  is  payable; 

(b)  an  owner  in  occupation  of,  or  otherwise  using,  his land,  or  building; 
(e)  a  rent-free  tenant  of  any  land  or  building; 
(d)  a  licensee  in  occupation  of  any  land  or  building  and 
(e)  any person who is liable  to  pay to  the owner damages  for  the use and 

occupation  of any land  or  building; 
(26)  "  owner  ",  when used  with  reference to  any  building or  land  or  a part 
thereof,  let  or  intended  to  be  let  or  occupied  separately,  means the  person 
who  receives  the  rent of such  building or  )and or  a  part thereof,  or  who  will 
be entitled to receive  the rent thereof 
were  let  and  includes- 

the 

(CL)  an  agent  or  trustee  who  receives  such  rent on  account  of the  owner, 
(b)  an  agent  or  trustee  who  receives  the  rent  of,  or  is  entrusted  with, 
or  concerned  for,  any building,  land  or  part  thereof devoted  to  religious or 
charitable  purposes,  or 

(e)  a  receiver,  sequestrator,  or  manager  appointed  by  any  court  of 
competent jurisdiction  to have  the  charge of or  to  exercise  the  rights of an 
owner  of  the  said  building,  land  or  part  thereof, 

(d)  a  mortgagee  in  possession; 

(27)  "  premises  " means any land or building,  or part of a  building, whether 

authorised  or  otherwise,  and  includes- 

(a)  gardens,  grounds  and  out-houses,  if  any,  appertaining  to  such 

building  or  part  of a  building; 

(b)  any  fitting affixed  to  such  building or  part of a  building for  the more 

beneficial  enjoyment  thereof  and 

(c)  building  or  a  part  of  building  let  or  intended  to  be  let  or  occupied 

separately; 
(28)  "  prescribed"  means  prescribed  by  rules; 
(29)  "President"  and  "Vice-President"  means  the  President  and  Vice- 

President,  respectively,  of  the  Auhority; 

(30)  "  rateable value",  in  relation  to  a building  in  any area,  has the  meaning 

assigned  to  it  in  the relevant  municipal  law  in  force  in  such  area; 

I  These words and  figures were substituted for the  words and  figures "  the Bombay Metmpolitan 

Region  Development Authority  AcL,  1974V'  by  Mah.  25  of  1996,  s.  2,  Sch.  para  (3). 

2  These  wonis were subtituthd  for  the  words  'Bombay  Metropolitan  Region  DeveLopment 

Authority'  by  Mali.  25  of  1996,  s.  2,  Seh.  para  (3). 

i:  Short title of this Act has  seen  substituted  as  "the  Maharaslitra Municipal  Councils,  Nagar 

Pancliayat  and  Industrial  Townships  Act,  1965, vide Mah. 41 of 1994, s.  107. 

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(i 

Malwrashtra Housing and Area 
Development Act,  1976 

[1977 : Mah. XXVIII 

°" 
of 18S8. 
Born. 
LIX of 
1949. 

C. P.  and 
Berar  Act 
II of 
1950. 

Mah. XL 
of 1965. 

. 

LVII of 
1947. 

(31 )  "regulations",  means  regulations  made  under  section  185; 

(32)  "  relevant  municipal  law  "  means - 

(a)  '[the  Mumbai  Municipal  Corporation  Act,I 
(b)  *the  Bombay Provincial  Municipal  Corporations  Act,  1949. 

(c)  the  City  of Nagpur  Corporation  Act,  1948; 

(d)  the  Maharashtra  Municipal  Councils  Act,  1965; 

(33)  "Rent  Act" means  the Bombay Rents,  Hotel  and  Lodging  House Rates 

Control  Act,  1947; 

(34)  "rules"  means  rules  made by  the  State  Government  under section  184; 
(35)  u  Sin 
improvement  area  "  means  any  area  declared  as  such  by  a 

Board  under  sub-section  (1)  of section  108; 

(36)  "  structural repairs  "  for the  purposes  of Chapter VIII  means  repairs 
or  replacement  of decayed,  cracked,  or  out  of plumb  structural  components 
of common  access,  such  as,  staircases,  passages,  water  closets  or  privies  by 
new  ones of the like material or materials, or ofdifferent material or materials 
including  change  in  the  mode  of construction  like  converting  load  bearing 
wall  type  or timber  framed  structure to  an  R.C.C.  one,  or  a  combination of 
both,  which repairs  or replacement in  the opinion  of the Board,  if not carried 
out  expeditiously,  may  result  in  the collapse of the building or  any such part 
thereof  and "  structural repairs"  includes repairs  and replacement  of all items 
which  are required  to be  repaired  or replaced  as a consequence  of the  repairs 
or  replacement aforesaid  which  are  carried  out or  to  be  carried out,  and  also 
repairs  and  replacement  of the  roof (but  not  replacement  of  the  tiles  only) 
and  of the  drain  pipes  (including  house  gallies)  fixed  to  the  building, which, 
if  not  repaired  or  replaced  simultaneously  with  structural  repairs  would 
cause further  damage to  the  building.  When  such repairs  to  any  building or 
any  part  thereof are  carried  out  by  the  Board  the  building shall  be  deemed 
to  be  structurally  repaired  under  this  Act; 

(37)  "Town  Planning  Act"  means  the  Maharashtra  Regional  and  Town  Mah. 

Planning Act,  1966; 

v-II  of 
1966. 

Mah. V 
of 1962. 

(38)  "  Tribunal"  means  the  Tribunal  constituted  under  section  73; 
(39)  "  year "  means  a  year commencing  on  the  first  day  of April; 
(41)  "  Zilla  Parishad" means  a  Zilla  Parishad established  under  the 

Maharashtra  Zilla  Parishads  and  Panchayat  Samitis  Act,  1961. 

. 

Establishment 

CHAPTER  IL 
ESTABLISHMENT OF THE AUTHORITY AND BOARDS. 
3.  The  State  Government  shall,  by  notification  in  the  Official  Gazette, 
ofAuthority.  establish  for  securing  the  objectives  and  purposes  of  this  Act,  an  Authority  to 
be  called  the  Maharashtra  Housing  and Area  Development Authority  for  the 
areas  in  which this Act  may  be  brought  into  force,  from  time  to  time. 

I  These  words  were  subst,ituthd  for  the  words  «the  Bombay  Municipal  Corporation  Acr.  by 

MalL  25  of  1996,  s.  2,  Seh.  para  (3). 
Short title of this Act has been  substituted as "the  Maharashtra Municipal  Councils.  Nagar 
Panchayats  and  Industrial Townships Act,  1965,  uide  MaI'. 41  of 1994,  s.  107. 
.  Short title  of  this  Act  has  been  5ubsLitut..ed  as  «the  Maharashtra  Provincial  Municipal 

Corporation  Act?'  by  Mab.  23  of2012. s.  4. 

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1977 : Mah. XXVIILJ 

Maharashtra housing and Area 
Development Act,  1976 

7 

4. 

(1) The Authority shall  be a body corporate having perpetual succession  Authority to 

and  a  coninion  seal  and  may  sue  or  be  sued  in  its  corporate  name  and  shall 
be  competent  to  acquire  and  hold  property,  both  moveabe  and  immoveable,  audority. 
and  to  contract  and  do  all  things,  necessary  for  the  purposes  of this  Act. 

(2) The  Authority  shall be  deemed  to  be  a  local  authority  for  the  purposes 

of this  Act. 

5.  The  Rent  Act  or  any  law  corresponding  thereto for  the  time  being  in  Non- 

force  in  any  area  to  which  this  Act  extends - 

(a)  shall  not  apply  to  any  land  or  building  belonging to,  or  vesting in,  any corres- 

the  Authority  under  or  for  the  purpose  of  this  Act; 

applicability 
of Rent Act or 

POndifig law. 

(b)  shall  not  apply  as  against  the Authority  to  any  tenancy,  licence  or 
other  like  relationship  created  by  any  existing  Board  or  the  Authority  in 
respect  of  any  such  land  or  building; 

(e)  but shall apply to  any  land  or building let,  or given on  licence,  to  any 

existing  Board  or  the Authority. 
6. 

(1)  The  Authority  shall  consist  of  a  President,  a  Vice-President  and  Constitution 
of Authorltr. 

seven  other members-all  appointed  by  the  State  Government. 

(2)  The  President  may  be  either  a  full-time  President  or  a  part-time 
President.  If the  President  is  a  part-time President  then  the  State  Govern- 
ment  shall  appoint  a  full-time  Vice-President.  The  President  and  Vice- 
President  shall  be  Persons  who,  in  the  opinion  of  the  State  Government, 
have  administrative  and  management  experience  necessary  for  conducting 
and managing the affairs  of the Authority under this Act. The Authority  shall 

of the 

(a)  two  official  members  who,  in  the  opinion  of the  State  Government, 
have  special  knowledge  of,  or  practical  experience  in,  public  admini- 
stration,  finance,  structural  engineering,  architecture,  town  and  country 
planning  or  public  housing 

(b)  five  non-official  members,  of whom  one  shall  be  a  representative  of 

the  employees  of the  Authority. 
(3)  The  names  of  the  President,  Vice-President  and  other  members 
appointed  under  this  section  shall  be  published  in  the  Official  Gazette,  and 
upon  such publication, the Authority  shall be  deemed  to be  duly  constituted. 

7.  The  President,  Vice-President  and  every  non-official  member  shall,  Term of office. 

subject  to  the  provisions  of this  Act,  hold  office  for  a  period  of  three  years 
from  the  date  of publication  of his  appointment  in  the  Offiixs.1  Gazette: 

Provided  that, the  State Government may,  by  a  notification  in  the  Official 
Gazette, extend  the  said  period by  a  further  period  not  exceeding  one  year 
as  may  be  specified  in  the  notification 

Provided  further  that,  after  the  expiry  of the  period  or  extended  period 
of his  appointment,  a  person  shall,  unless  disqualified,  be  eligible  for 
re-appointment  as  the  President,  the  Vice-President  or  such  member,  so, 
however,  that  lie  does  not  hold  office  for  a  period  of more  than  seven  years 
in  the  aggregate. 

8. 

(1 )  Remuneration  and  other  conditions  of service  of the  President  and  Conditions of 

Vice-President who  is  a  non-official  shall  be  such  as  the  State  Government 
may  by  order  determine. 

Vice- 
President and 
non-official 
members. 

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8 

Maharahtra Housing and Area 
Deue1opnent Act,  1976 

[1977 :  Mah. XXVIII 

(2)  Every non-official member shall receive such allowances for  the purpose 
of  meeting  personal  expenditure  incurred in  attending the  meetings of  the 
Authority  or  for  attending  to  any  other  business  of the  Authority  as  such 
member,  as  the  State  Government may  by  order  determine. 

(3)  The  remuneration  of the  President,  Vice-President and  the  allowances 

to  the  non-official  members  shall  be  paid  from  the  fund  of the  Authority. 

(4)  Notwithstanding anything  contained  in  this  Act,  if a  member  of the 
State Legislature  is  appointed  as  a  member  of the  Authority (including the 
President  or  the  Vice-President  thereofl,  he  shall not  be  entitled  to  receive 
any  remuneration  other  than  travelling  allowance,  daily  allowance  or  such 
other  allowance  which  is  paid  to  a  member  of the Authority  for  the purpose 
of  meeting  the  personal  expenditure  incurred  in  attending  the  meeting  of 
the Authority  or  in  performing any  other  functions  as  such  member. 

Resgnationof 

9,  The  President,  Vice-President  or  any  non-ofFicial  member  may  at any 
non-official  time  resign  his  office  by  writing  under  his  hand  addressed  to  the  State 
.  Government,  and upon  the acceptance thereof,  the  office  of the member shall 

become  vacant. 

Temporary 

10.  If any  member  is  by  infirmity  or  otherwise  rendered  temporarily 
incapable  of carrying  out  his duties  as  a  member  or  is  absent  on  leave  or 
.  otherwise,  not involving  the  vacation of his  appointment,  the  State  Govern- 
ment  may  appoint  another  person  to  officiate  for  him  and  carry  out  his 
functions  under  this  Act  or  any  rules  or  regulations  made  thereunder. 

Disqualifica- 

11. 

(1)  Subject  to  the  provisions  of  this  section,  a  person  shall  be 
tlOfl5 of  disqualified  for  being  appointed  or  continuing  as  the  President,  the  Vice- 

President  or  the  non-official  member  of  the  Authonty,  if he - 

. 

. 

. 

members. 

(a)  holds  any  office  of profit under the Authority, 
(b)  is  of unsound  mind,  and  stands  so  declared  by  a  competent  court, 
(c)  is  an  uncertificated  bankrupt  or  an undischarged  insolvent, 
(d)  has  directly  or  indirectly  by  himself or  by  any  partner,  any  share or 
interest  in  any  contract  or  employment  with,  by  or  on  behalf,  of the 
Authority, 

(e)  is a Director  or  a Secretary,  Manager  or  other  salaried  officer  of any 
incorporated  company  which has  any  share  or  interest in  any  contract  or 
employment  with,  by  or  on  behalf of,  the Authority,  or 

(I)  has been  or  is  convicted  of  any  offence  involving  moral  turpitude. 
(2)  A  person  shall  not  be  disqualified  under  clause  (a)  of sub-section  (1), 
by  reáson  only  of being  a  President  or  a  Vice-President,  and, in  the  case  of 
a  representative  of the  employees by  reason  only of being  an employee of the 
Authority. 

(3)  A  person  shall  not,  however,  be  disqualified  under  clause  (d)  or  (e)  of 
sub-section  (1),  or  be  deemed  to  have  any  share  or  interest  in  any  contract 
or employment within  the meaning  of these  clauses,  by reason only  of his,  or 
the  incorporated  company  of which  he  is  a  Director,  Secretary,  Manager  or 
other  salaried  officer  having  a share  or  interest  in  any  newspaper  in which 
any  advertisement  relating  to  the  affairs  of the  Authority  is  inserted. 

(4)  A  preson  shall  not  also  be  disqualified  under  clause  (d)  or  (e)  of sub- 
section  (1)  or  be  deemed  to  have  any  share  or  interest  in  any incorporated 
company  which  has  any  share  or  interest  in  any  contract  or  employment 
with, by or on behalfof,  the Authority, by reason only ofhis being a shareholder 
of such  company: 

Provided  that,  such  person  discloses  to  the  State Government  the  nature 

and  extent  of the  shares  held  by  him. 

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1977  :  Mah. xxvmj 

Maharashtra Housing and Area 
Development Act,  1976 

12. 

(1) The State Government may, by notification  in the  Official Gazette.  Removal of 
remove  from  office  the  President,  Vice-President  or any  non-official  member  membelS, 
who - 

(ci)  is,  or  has  become,  subjecl  to  any  of the  disqualifications  mentioned 

in  section  11;  or 

(b)  in  the  opinion  of  the  State  Government,  has  been  guilty  of  any 
misconduct whether  before  or  after  the  appointment  or neglect,  or has  so 
abused  his  position  as  to  render  his  continuance  as  member  detrimental 
to  the  interests  of  the  Authority  or  of the  general  public,  or  is  otherwise 
unfit  to  continue  as  member; or 

(c)  is  absent  without  permission  of  the  Authority  for  two  consecutive 

meetings  of the  Authority 
Provided  that,  no  person  shall  be  so  removed  from  office  unless  he  has 

been  given  an  opportunity  to  show  cause  against  his  removal. 

(2) Notwithstanding  anything contained  in section  7  or other  provisions  of 
this  Act,  the  President,  the  Vice-President  and  other  members  shall  hold 
office  during  the  pleasure  of the  State  Government;  and  the  State  Govern- 
ment,  if  it  appears  to  it  to  be  necessary  or  expedient  so  to  do  in  the 
public  interest,  may  by  order  remove  ali  or  any  of them  from  office  at  any 
time. 
13. 

(1)  In the  event of a vacancy  in  the office  of any  member,  the vacancy  Filling of 

may  be  filled  by  the State  Government,  and  the  person  so  appointed  shall 
hold  Dfflce  so  long  only  as  the member in whose  place he  is  appointed  would 
have held  office. 

(2)  A  vacancy  of  a  member  shall  be  filled  as  early  as  practicable 

Provided that, during any  such vacancy,  the continuing  members may 
act  as  if  no  vacancy  had  occurred. 

14.  No  disqua1ificaion  of,  or  defect  in,  the  appointment  or  continuation  Proceedings 

of any  person acting as  a member of the Authority  shall  be deemed  to vitiate 
any  act  or proceeding  of the Authority,  if such  act or  proceeding is  otherwise  valid. 
in  accordance  with  the  provisions  of this  Act. 

. 

15.  Until  the  Authority  is  duly constituted  under  section  6,  the  existing  Existing 
Board  shall  continue  to  function  in  the  area  of  its jurisdiction  and  fields  of  BoaldS  to 
contmue until 
activity;  and  on  the  constitution  of the  Authority,  the  existing Board  shall  Authority 
stand  dissolved  and  the  members  including  the  office  bearers  thereof shall  constituted. 
vacate  their  office. 

. 

. 

. 

. 

. 

. 

Organisation of the Authority. 

Act  'tre - 

i 6.  (1)  The  authorities  charged  with  carrying  out  the  provisions  of this  Authorities 
charged with 
execution of 
this Act. 

C 

(a)  the  Authority, 
(b)  the  President  and  the  Vice-President  of the  Authority, 
(c)  the  Boards, 
(d)  the  Chairman  and  the  Vice-Chairman of the  Boards, 
(e)  the  Chief  OffIcers  of the  Boards,  having  part-time  Chairman  and 

also  part-time  Vice-Chairman. 
(2)  Every  Board  shall  be  subject  to  the  superintendence,  direction  and 

control  of  the  Authority  for  the  purposes  of this  Act. 

H-187-{2) 

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io 

Maharashtra Housing and Area 
Development Act,  1976 

[1977 :  Mah. XXVIII 

. 

. 

. 

. 

17.  The  Presideni,  if  he  is  a  full-time  President,  shall  be  the  Chief 
President or 
Vice- 
President  to  Executive  Officer  of  the  Authority,  and  if the  President  is  not  a  full-time 
be  Chief  President,  the  Vice-President  shall  be  the  Chief Executive  Officer  of the 
Executive 
Officers.  Authority  under  the  general  supermtenden  and  control  of  the  President. 
'[(1)  (a)  The  five  Boards  which  have  been  established  before  the 
commencement of the  Maharashtra Housing  and  Area  Development  (Second 
Amendment)  Act,  1992  and  shown  in  column  i  of the  following  table,  shall 
have  the  area  of jurisdiction  shown  against  each  such  Board  in  column  2  of 
that  table. 

Establish- 

18. 

. 

. 

. 

TABLE 

Name  of the  Board 

i 

Area  of jurisdiction 
districts  of- 
2 

(i)  2[The Mumbai  Housing  and 
Area  Development  Board.) 

(a)  3[The  City  of Mumbail 
(b)  4[The  Mumbai  Suburban]. 

(2)  The  Nagpur  Housing  and 
Area  Development  Board. 

(3)  The  Aurangabad  Housing 
and  Area  Development 

Board. 

(4)  The  Pune  Housing  and 

Area  Development  Board. 
(5)  Konkan  Housing  and  Area 

Development  Board. 

(a)  Nagpur,  (b)  Chandrapur, 
(e)  Gadcbiroli,  (d)  Bhandara, 
(e)  Wardha. 
(a)  Aurangabad, (b)  Jalna, 
(c)  Parbhani,  (d)  Beed, 
(e)  Nanded,  (/)  Osmanabad, 
(g)  Latur, 

(a)  Pune,  (b) Satara, (c)  Sangli, 
(d)  Solapur,  (e)  Koihapur. 

(a)  Thane,  (b) Raigad, 
(c)  Sinclhudurg,  (d) Ratnagiri. 

(b)  The  State  Government  shall,  by  notification  in  the  Official  Gazette, 
establish  the  following  two  Boards  having  the  area  of jurisdiction  in  the 
districts  as  shown  against  each  of them,  on  and  with  effect  from  such  date 
as  may  be  specified  in  that  notification,  namely:- 

(i)  The  Aniravati  Housing  and 
Area  Development  Board. 

(a)  Amravati,  (b)  Akola, 
(c)  Yavatmal,  (d)  Buidhana. 

(2)  The  Nashik  Housing and 
Area  Development  Board. 

(a)  Nashik  ,  (b)  Ahmednagar, 
(c)  Dhule,  (d) Jalgaon. 

2 

6[(c)  The  State  Government  shall,  by  notification  in  the  Official  Gazette, 
establish  the  following  two  Boards  for  canying  out  the  activities  of repairs 
and reconstruction, and slum improvement having  thearea ofjurisdiction  in 
I  This section  was substituted for sub-sections (1) and (JA)  by MaIL 22 of 1992,  s 2. 

'rhe  words were  substituted  for  the  words  'The  Bombay  Housing and  Area  Development 
Board" by Mah.  25 of 1996,  s. 2,  Sch., para  (3). 

3  These  words were substituted  for  the words «The  Cit.y  of Bombay"  by Mali.  25  of 1996,  s.  2, 

para  (3). 
'I'hese  words  were  substituted  for  the  words  Bombay  Suburban"  by  Mali.  25  of  1996g S.  2 
para  (3). 
Clause  (e)  was added by  Mah.  11  of 1993, s.  2  (ci). 

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1977 :  Mah. XXVIII] 

Mciharashtra Housing and Area 
Development Act,  1976 

il 

the districts  as shown  against each ofthem  on  and with  effect  from  such date 
as  may  be  specified  in  that  notification,  namely:- 

(1) 

'[The  Mumbai  Repairs  and 
Reconstruction  Board] 

(2)  3[The  Mumbai  Slum 

Improvement  Board]. 

2[The  City  of Mumbail 

(a)  2[The  City  of Murnbaii 
(b)  41The  Mumbai  Suburban].] 

9(2) Every  Board shall consist ofa Chairman and not more than 6[j7] other 
members  including a Vice-Chairman, if any, of whom  not less  than 3  shall be 
official.  All  the  members  including the  Chairman  and  the Vice-Chairman,  if 
any,  shall  be  appointed  by  the  State  Government.J 

(3)  Not  less  than  two  non-official  members  shall  be  persons  who,  in  the 
opinion  of  the  State  Government,  have  special  knowledge  or  practical 
experience  in finance,  structural engineering,  architecture,  town and  country 
planning,  and  public  housing. 

(4)  The names ofthe Chairman, Vice-Chairman, ifany, and other members 
of a  Board  shall  be  published  in  the  Official  Gazette,  and  upon  such 
publication,  the  Board  shall  be  deemed  to  be  duly  constituted. 

(5)  The  appointment of the Chairman and Vice-Chairman of a Board  may 
be  either  whole-time  or  part-time  as  the  State  Government  may  think  fit. 
When  the  Chairman  is appointed  as  a whole-time  Chairman,  he shall be  the 
Chief Officer  of the  Board. 

(6)  Where  the  Chairman  is  appointed  as  a  part-time  Chairman,  the 
Vice-Chairman,  if full-time,  shall  be  the  Chief Officer  of  the  Board.  If the 
Vice-Chairman is  also part-time,  the State  Government shall appoint a Chief 
Officer  of  the  Board,  and  he  shall  be  an  Officer  of the  Board. 

(7)  Every Board shall have a ChiefAccounts Officer.  He shall be appointed 

by  the  Authority  with  the  previous  approval  of  the  State  Government. 

(8)  The  provisions  of sections  7,  8,  9,  10,  11,  12,  13  and  14  shall  apply 
mutatL  mutandis to a  Board  or  to  the  co-opted  members  of  the Technical 
Committee  appointed  under sub-section (10) 
* 

*as  they  apply  in  relation  to  the  Authority. 

* 

(9)  Each  Board  shall  be  provided  with  such  employees  as  the  Authority 
may, by  order in  writing,  determine.  The Board  shall  within  its jurisdiction 
be  responsible  for  administering  and managing  the  affairs  of the  Authority 
for  the  purposes  of this Act. 

(iO)  '[The  Mumbai  Repairs  and  Reconstruction  Board]  shall  appoint  a 
Technical Committee,  consisting  of not  less  than  six of its  members and  may 
co-opt  not  more  than  three  other  persons  on  the  Committee  who  are  not 
members  of  the  Board.  Subject  to  the  superintendence  and  control  of the 
Board,  the Technical  Committee  shall  sanction  and  supervise  the  repairs 
and  reconstruction works,  including  the  construction  of transit  camps,  on 
behalf of the Board  under Chapter VIII.  The  Board may  delegate  such  of its 
other  functions  under  Chapter VIII  to  the  Committee  as  it  may  decide. 

(11)8* 

* 

* 

* 

* 

' 

* 

I  These  words  were  substituted  for  the  words  'the  Bombay  Repairs  and 
Reconstruction  Board"  by  Mah.  25  of  1996,  s.  2  and  Seh.,  para  3. 

2  These  words  were  substituted  for  the  words  "City  of Bombay",  by  Mali.  25  of  1996,  s.  2, 

Seh.,  para  (3). 

3  These  words  were  substituted  for  the  words 

Mah  25  of  1996,  s.  2,  Sch.,  para  (3). 

the  Bombay  Slum  Improvement  Board," by 

I  These  words  were  substituted  for  the  words  '  Bombay  Suburban",  by  Mab.  25  of  1996, 

s.  2,  Seh.,  para  (3). 
Sub-section  (2)  was  substituted  by  Mali.  54  of  1977,  s.  3  (a). 

6  This  figure  was  substituted  for  the  figure  "  14  "  by  Mah.  42  of  1994,  5.  2. 
7  The  words,  brackets  and  figures  "  or  of the 
*  Sub-section  (ii) was  deleted  by Mali.  11  of  1q93,  s.  3(e). 

sub-8ection  (11)  "  were  deleted  by  Mah.  54  of  1977,  s.  3  (b). 

Improvement  Committee  appointed  under 

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12 

Maharashtra Housing and Area 
Deuclopmeìit Act,  1976 
19.  (1)  The  Authority  shall,  with  the  previous  approval  of the  State 

Appointment 
o  emp oyees  Government  appoint  a  Financial  Controller  and  a  Secretary. 

[1977 : Mah. XXVIII 

onditionsof 

' 

(2)  Subject  to  such  directions  regarding  creation  of  any  post  and  filling 
thereof as the State Government may from time to time  by an order in writing 
determine,  the  Authority  may  appoint  such  other  employees  from  time  to 
time  for  the  efficient  performance  of  its  functions  as  it  thinks  fit. 

(3)  The  employees  appointed  under  this  Act  shall  be  the  employees  of 
the Authority notwithstanding the fact that they are working under any Board. 
(4)  Subject  to  the  provisions  of this  section,  the  remuneration  and  other 
conditions  of  service  of employees  appointed  by  the  Authority  shall  be  such 
as  may  be  determined  by  regulations 

Provided that, subject  to the provisions of sections 22,  23  and 189,  the terms 
and  conditions  of service  applicable  immediately  before  the  appointed  day 
to  any  employee  shall  not  be  varied  to  his  disadvantage  except  with  the 
previous  approval  of  the  State  Government. 

(5)  The  State  Government  may  make  rules  '[with  effect  from  such  date 
as  it  may  specify,J  for  regulating  the  mode  of  recruitment  by  holding 
examinations  or  otherwise,  including  provision  for  the  absorption  or 
promotion of persons  already  working under any  existing Board or  otherwise 
and providing for terminal benefits  such  as compensation,  pension  or gratuity 
or  the  like  to  person  who  elect  to  retire. 

Provident 

20.  (1  )  The  State  Government  shall  establish  a  provident  fund  for 
fund  employees  of the  Authority,  and  such  provident fund  (hereinafter  called  as 
C'  the  provident fund  ")  shall,  notwithstanding anything  contained in section 
8  of the Provident  Funds Act,  1925, be deemed  to be  a Government Provident  XIX of 
Fund  for  the  purposes  of  that  Act;  and  such  provident  fund  may  be  192n. 
administered  by  such  officers  of the  State  Government  or  of the  Authority, 
as  the  State  Government  may  specify  in  that  behalf. 

(2)  The  Authority  shall,  in  respect  of  each  of its  employees  who  is  a 
subscriber  to  the  provident  fund,  pay  into  that fund  such  portion  of  the 
contribution  in  such  manner  as  the  State  Government  may,  from  time  to 
time,  determine. 

21 

2[(1)]  All  expenses  incurred  by  the  Authority,  including  expenses 
Expenses of 
authontyon incurred  on  account  of salaries,  allowances,  fees  and  other  remuneration 
payable  to  the  employees  serving under  the  Authority,  shall  be met  from  the 
fund  of  the  Authority. 

2[(2)  The Authority  may,  at  its  discretion,  make  from  out  of its  fund, 
contribution  of such  amount  as it  deems  fit to  the  Employees'  Welfare  Fund, 
if any,  constituted  by  the  employees  of the  Authority  and  managed  by  the  21 of 
society,  formed  by  such  employees  and  registered  under  the  Societies 
Registration Act,  1860  and  *the  Bombay  Public  Trusts Act,  1950.] 

1950. 

Authority 
to 
absorb  staff of 

22.  (1)  Subject  to  the  provisions  of section  189  and other  provisions  of this 
existing  Act  every  person,  who  was  a  whole-time  employee  of  any  existing  Board 
Boards.  immediately  before  the  appointed  day  shall,  on  and  from  that  day,  become, 

I  These  vords  vere  inserted by  Mah.  S  of 1994,  s  2. 
2  Section  21  was  re-numbered  as  sub-section  (1)  thereof  nd  after  sub-section  (1)  so  re- 

numbered,  sub-section (2)  was  added  by  Mah.  12  of  1989,  s.  2. 

.  Short  title of this Act.  has  been  amended  as  uthe  Maharashtra  Public Trusts"  uuk MalL 24 

of2012,  s.2,  Sch..  entry  43  w.e.f.  1-5-1960. 

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1977 :  Mah, XXVIII] 

Maharashtra Housing and Area 
Development Act,  1976 

13 

and  be  absorbed  as,  an  employee  of the  Authority.  He  shall  hold  his  office  in 
the  Authority  by  the  same  tenure,  at  the  same  remuneration  and upon  the 
same terms and conditions and with the same rights and privileges as to pension, 
gratuity  and provident fund  and  other matters  as he  would  have the  saine on 
the appointed  clay  of this  Act had  not been passed, and  shall continue to  do so, 
unless  and  until  his  employment  in  the  Authority  is  terminated  or  until  his 
remuneration  terms  and  conditions  are  duly  altered  by  the  Authority: 

Provided  that,  nothing  contained  in  this  section  shall  apply  to  any  such 
employee  who  has,  by notice  in writing given  to  the State  Government  prior 
to  the  appointed  day,  intimated  his  intention  of not  becoming  an  employee 
of  the  Authority. 

(2) 

If  any  question  arise  as  to  whether  any  person  was  whole-time 
employee  of an  existing Board  immediately  before  the appointed  day  or  not, 
the question shall be  referred  to  the  State  Government,  whose decision  shall 
be  final. 

14 of 

(3)  Notwithstanding  anything  contained  in  the  Inthtrial  Disputes  Act, 
1947.  1947  or  any  other  law  for  the  time  being  in  force,  the  absorption  of  any 
employee  of  an  existing  Board  by  the  Authority  shall  not  entitle  any such 
employee  to any compensation under that Act or other law,  and no  such claim 
shall  be  entertained  by  any  Court,  Tribunal  or  other  Authority. 

23.  (1)  Where  the  State  Government  is  satisfied  that  for  the  purpose  of 
securing  uniformity  in  the  scales  of remuneration  and  the  other  terms  and 
conditions  of service  applicable  to  the  employees  who  are  absorbed by  the 
Authority  under  section  22,  it  is  necessary  so  to  do,  or  that, in  the  interest 
of the  Authority,  a  reduction  in  the  remuneration  payable,  or  a  revision  of 
the  other  terms  and  conditions  of service  applicable,  to  employees  or  any 
class of employees is  called  for,  the  State Government  may,  notwithstanding 
anything  contained  in  section  22  or  other  provisions  of this Act  or  in  the 
14 of  Industrial  Disputes Act,  1947,  or  in any other  law for the time being  in force, 
1947_  or  in  any  award,  settlement  or  agreement  for  the  time  being in  force,  alter 
(whether  by  way  of reduction  or  otherwise)  the  remuneration  and the  other 
terms and conditions  of service to  such extent and in such manner as it think 
fit;  and  if the alteration is not acceptable to any employee,  the Authority may 
terminate his employment by giving compensation equivalent to three months' 
remuneration  unless  the contract of service  with  such  employee  provides  for 
a  shorter  notice  of termination. 

Explanation.-The compensation  payable  to  an  employee  under  this 
section  shall  be  in  addition  to,  and  shall  not  affect,  any  pension,  gratuity, 
provident  fund  money  or  any  other  benefit  to  which  the  employee  may  be 
entitled  under  his  contract  of  service. 

(2)  Notwithstanding anything  contained in  sub-section  (1),  the remunera- 
tion  payable  to  any  employee  absorbed  by  the  Authority  under  section  22, 
shall  not  be  altered  under  that  sub-section  to  his  disadvantage,  so  as  to  be 
less  than  the  remuneration  paid  or  payable  to  him  on  the  ist January  1975 
plus  the  increments  earned  by  him  during  the  period  from  the  said  date  to 
the  appointed  day. 

Power of 
State 
Government 
otreductãon of 
remuneration 
or revision of 
conditions of 
service for 
securing 
uniformity. 

24.  No  person  who  has  directly  or  indirectly  by  himself or  his  partner  or  General 

agent any  share  or interest  in  any  contract,  by  or on  behalf of the Authority 
or  in  any  employment under,  by or  on behalf of the Authority otherwise  than  einployees 
as an employee thereof,  shall become or remain an employee ofthe Authority. 

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14 

Maha.rashtra Housing and Area 
Development Act,  1976 

Conduct of Business. 

[1977 : Mah. XXVIII 

Meetings of 
Authority.  and  at  such  places  as  the  President may  determine. 

(1) The Authority shall meet at such times,  at least once  in two months 

25 

(2)  The  President or in his absence  the Vice-President, and in the absence 
of  both  the  President  and  Vice-President,  any  other  member  chosen  by  the 
members  present from amongst  themselves,  shall preside at a meeting of the 
Authority. 

(3)  All questions at a meeting ofthe Authority shall be decided by  a majority 
of votes  of the  members present  and voting;  and in  the  case  of an  equality  of 
votes,  the person  presiding  shall  have  and  exercise  a  second  or  casting vote. 
(4)  Three  members shall  form  a  quorum  to  constitute  a  meeting  of  the 

Authority. 

(5)  Minutes  shall  be  kept  of  the  names  of  the  members  present  and  of 
others who  attend  the  meetings of the Authority  under  the provisions  of this 
Act  and  of the  proceedings  of each  meeting,  in  a minute  book  to  be  kept  for 
the  purpose.  The  minutes  shall  signed  at  the  next  ensuing  meeting  after 
confirmation  at such  meeting and shall be  open to inspection  by  any  member 
during  office  hours  of the  Authority. 
(6)  Subject  to  the  foregoing provisions,  the Authority  may observe  such 
rule  of procedure  in  regard  to the  transaction  of is business as  it  may deem 
proper  and  expedient. 

Teinporaiy 

26.  (1) The  Authority  may  associate  with  itself  any  person  whose 
assocLation of assistance or advice it may desire  for carrying in to effect any of the provisions 
persons wtb 
Authority for  of  this  Act 

Provided  that, the  number of persons  so  associated  shall  not  be  more than 

particular 

purpose.  three. 

(2)  A  person  associated  with  the  Authority  under  sub-section  (1)  for  any 
purpose  shall have the right to  take part in the deliberations of the Authority 
relevant  to  that purpose,  but  shall  not  have  the  right  to vote. 

(3)  The  State  Government  may,  by  order,  depute  its  representatives  to 
attend  any  meeting  of the Authority  and  to  take  part  in  the  deliberations of 
the Authority,  on such items or subjects as  the State Government may specify, 
but  such  representatives  shall  not  have  the  right  to  vote. 

Sections 25 
and26 

27.  The provisions  of section  25  in  relation to  meetings of a  Board and  of 
section  26 in relation to  temporary  associations of persons with  a Board shall 
Meetings of apply  as they  apply in  relation  to  meetings  of the Authority  or in  relation to 
Board8.  temporary  association  of persons with the  Authority,  with  the  modifications 

that- 

(1)  in  sub-section  (1)  of  section  25,  for  the  word  "  Authority  "  the  word 
u Board  "  and for the words "  in  two  months "  the words "  a  month "  1[and for 
the  word  "  President  "  the  word  "  Chairman  »  shall,  respectively,]  be 
substituted; 

(2)  in  sub-section  (2)  of section  25,  for  the  word  "  President  "  the  word 
"  Chairman  "  and  for  the  word  "  Vice.President  "  the  word  "  Vice-Chairman" 
shall  be  substituted; 

(3)  in each  ofsub-sections (2),  (3),  (4), (5)  and (6) ofsection  25,  for  the word 

"  Authority  "  the  word  "  Board  "  shall  be  substituted; 

(4) 

in  sub-section  (4)  of  section  25,  for  the  words  "  Three  members "  the 

words  "  One-third  of the  members  "  shall  be  substituted; 

(5) 

in  section  26,  for  the  word  "  Authority  "  wherever  it  occurs,  the  word 

L'  Board  "  shall  be  substituted. 

I  These words 'vere substituted for the words '  shall, respectively,D by Mali. 12 of 1989, s.  3. 

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1977 :  Mah. XXVIII] 

Ma/z.arashtra  Housing and Area 
Development Act,  ¡976 

CHAPTER IlL 

FUNCTIONS, DUTIES AND POWERS OF THE AUTHORITY AND BouDs. 

15 

28.  (1)  Subject  to  the  provisions  of  the  Town  Planning  Act,  and  the  Functions, 
provisions  of  clauses  (b)  and  (h)  of  sub-section  (1 )  of  section  12  and  section  duties and 
powers of 
13  ofthe Metropolitan Act, it shall be  the duty and function ofthe Authority,-  Authoit'. 

. 

. 

. 

. 

(a)  to  prepare  or direct  the Boards  to  prepare  and  execute  proposals,  plans 

or  projects  for- 

(i) housing accommodation in the State or any part thereof, sale, including 
transactions in  the  nature  of  hire-purchase  of tenements  in  any  building 
vested  in,  or  belonging  to,  the Authority,  letting,  or  exchange  of property 
of the  Authority; 

(ii)  development  including  provision  for  amenities  in  areas within  the 

jurisdiction  of the  Authority; 

(iii)  clearance  and  re-development  of slums  in  urban  areas; 
(iv)  development  of peripheral  areas  of existing  urban  areas  to  ensure 

an  orderly  urban  overspil; 

(u)  development  of  commercial  centres; 
(vi)  development  of new  towns  in  accordance with  the  provisions  of the 

Town  planning  Act; 

(vii)  development  of lands  vested  in  the  Authority; 
(viii)  the  closure  or demolition of dwellings  or portions of dwellings  unfit 

for  human  habitation; 

(ix)  the demolition  of obstructive or  dangerous and dilapidated buildings 

or  portions  of  such  buildings; 

(x)  repairs  to,  or  construction  and  reconstruction  of  buildings; 
(xi)  the  slum  improvement  works  and  improvement  of  sanitary 
arrangements  required  in  any  slum  improvement  area,  including the 
conservation  and  prevention  of  any  injury  or  contamination  to  rivers  or 
other  sources  and  means  of water-supply; 

(xii)  undertaking  and  promoting  prefabrication  and  mass  production  of 

buildings  components; 
(b) 

to  manage  all  lands, houses  and  buildings  or other  property vested  in, 

or  belonging  to  the  Authority; 

(e) 
(d) 

to  approve  proposals,  plans  or  projects  prepared  by  Boards; 
to  raise  resources  for  the purpose  of carrying  out  the  objects  of this 
Act  and subject  to  the  directions,  if any,  made  by  the  State  Government,  to 
make  suitable  allocations  of resources  to  the  Boards; 
to  approve  the  budgets  of the  Boards; 

(e) 
(f)  to  lay  down  policy  regarding  disposal  of  developed  sites  and  housing 

tenements of the  Authority; 

(g)  to  give  directions  to  Boards  for  developing areas  which  in  the  opinion 

of  the  Authority  should  be  developed; 

'[(h)  to  advance  loans  or  to assist  persons  in  obtaining  loans  from  banking 

01 finance  institutions  in  accordance with  the  provisions  of Chapter  X;J 

(i)  to  do  all  such  matters  and  things  as  are  necessary  for  the  exercise  or 
performance  of all or any of the functions and duties of the Authority including 
incurring  of  expenditure  in  that  behalf. 

t 

Clause (h) was substituted for the original by Mah. 12 of 1989, s. 4(ci). 

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16 

Mahara.shtra Housing and Area 
Deuelopnz.ent Act,  1976 

[1977 :  Mah, XXVIII 

(2)  In  addition  to  the  duties  and  functions  referred  to in  sub-section  (1 ),  the 
Authority  may  undertake  such  other  duties  and ñirictions,  including  those  of 
a Planning Authority or  Special Planning Authority  under the Town  Planning 
Act,  as  the  State  Government  may assign  to  the  Authority  in  any  specified 
area, and in doing so,  the Authority shall be deemed to be fulfilling the purposes 
of this  Act and  the provision  of Act  shall  apply  to  the Authority  in respect  of 
those  duties  and  functions  also. 

(3)  The  Authority  may  exercise  all  or  any  of the  following  powers  for  the 
purpose  of  discharging  its  functions  and  performing  its  duties  under  this 
Act,  namely 

(i)  to  borrow; 
(ii)  to  enter  into  agreements  and  contracts; 
(iii)  to  sell,  purchase,  lease,  mortgage,  exchange,  partition  or  otherwise 
transfer any  land or  building or  to hold  land entrusted  to  it by Government 
or  by  any  authority; 

(iv)  to  make  regulations  regarding- 

(a)  procedures  to  be  followed regarding  contracts, 
(b)** 
* 
(c)  operation  of accounts  of  the  Authority; 
(d)  all  matters  pertaining to  staff of the  Authority; 

* 

(u)  to  promote  or  to  participate in  the  formation  of  limited  companies 
under  the  *Companies Act,  1956,  in  furtherance  of  the  objectives  of the  I  of 
Authority  with  the  prior  permission  of  the  State  Government; 

1956. 

(vi)  management  of  each  estate  including  co-operative societies; 
(vit)  to  enter and  search any  Authority  premises  after  due  notice,  when 

necessary  to  the inmates  thereof 

in  or  belonging to,  the Authority; 

(viii) to  execute or carry out any repairs to  the lands or buildings vesting 

(ix)  all  other  powers  necessary  for  carrying  out  the  purpose  of this  Act 

including  the  power  to  levy  or  charge  fees. 
29.  (1) The  powers, duties  and  functions  of the Boards shall, subject  to the 

Powers, 

11tis and  provisions  of sub-section  (2),  be- 

': 

(a) to  prepare  proposals,  pians  or projects  for any  ofthe matters referred 

to  in  clause  (a)  of  sub-section  (1)  of  section  28  and execute  them; 

(b)  to  enter  into  contracts  in  the  name  of the  Authority; 
(e)  to  function  on  behalf of the Authority  as  Special  Planning Authority 

under  the  Town  Planning  Act; 

(d)  to  carry  out such  powers, duties  and functions  as  the Authority  may 

delegate  to  the  Boards. 
(2)  2[3[4[The  Mumbai Housing  and Area Development Board]  or 4[the Mumbai 
Repairs and Reconstruction Board] or 4[the Mumbai Slum  Improvement Board) 
or  the  Konkan  Housing  and  Area  Development  Board  as  the  case  may  be,) 
shall  execute  any such plan  or  project  within  its  area  of jurisdictioni  in  the 
Metropolitan Region  so  as  not  to  be  inconsistent with  the  projects  or schemes 
formulated for  the development of the Metropolitan  Region  or any part thereof 
under  the  Metropolitan  Act. 
* 
* 

* 

5* 

* 

I  Subclause (b) was deleted  by  Mali.  12  of 1989, s.  4(b). 
2  The  words '  The Bombay  Housing and  Area  Development  Board 

or3  as  the  case  may be,  the 
Konkan Housing and Area Development Board, shall execute  any such  plan  or project within 
it.s  area ofjurisdiction  "  were  substituted for  the  words  U The  Bombay Housing and Area 
Development Board shall execute  any such plan or project "  by Mab.  13  of 1981, s.  3. 

3  These  words were  substituted  for the words  The  Bombay  Housing and  Area  Development 
Board, or as the caso may be,  the Konkan  Housing and Area  Development Board " by Mah.  11 
of 1993,  s.  3. 

I  These words  were  substituted  for  the words 

the  Bombay Housing and  Area  Development 
Board",  the Bombay Repairs and Reconstruction  Board "  and ' the Bombay Slum Improvement 
Board"  respectively, by Mah. 25 of 1996, s.  2, Seh.,  para (3). 

s  Sub.section (3) was deleted  by  Mab. 54  of 1977,  s .4. 
. 

New see  Companies Act.  2013  (18 of 2013). 

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1977 : Mali. XXVIII] 

Maharashtra Housing and Area 
Development  Act,  1976 

CHAPTER  IV. 
BUDGF, FINANCE, Accour's Arm AUDIT. 

17 

30.  1[(1 )  The  Chief Executive  Officer  or  in  his  absence  the  Financial  Submission 

Controller or  such officer,  as may be  specially  or generally  authorised  in  this 
behalf,  by the  Authority shall,  at  a  special  meeting to  be  held  not  later than 
31st  March  in  each  year,  lay  before  the  Authority,  the  budget  estimates  of 
the  Authority  for  the  next  year.] 

(2)  Every  such  budget  estimates  shall  be  prepared  in  such  form  as  the 
State  Government  may,  from  time  to  time  by  order,  determine,  and  shall 
provide  for,- 

(i)  the  proposals,  plans  and  projects  which  the  Authority  proposes  to 

execute  whether in  part  or  in whole  during  the next  year; 

(ii)  the  due  fulfilment  of all  the  liabilities  of the  Authority;  and 
(iii)  the  implementation  of the  provisions  of this  Act; 

and  such estimates  shall  contain a  statement showing  the estimated  income 
and  expenditure  on  capital  and revenue accounts,  for  the next year  and such 
other  particulars  indicating  the  financial  performance  of  the  Authority  as 
the State Government may direct. The budget shall clearly reveal the financial 
outlay  and  performance. 

(3)  The  Chief  Officer  of every  Board  shall  prepare  annually  on  or  before 
such date and  in such  form  as  the  State Government may  from  time  to time 
by  order  determine  a  budget  estimate  of the  income  and  expenditure  of the 
Board  for  the  next  year  relating  to  the  proposals,  plans  or  projects  to  be 
undertaken  or  continued  or  executed  from  the  funds  of the  Authority. 

(4)  Every  Board  shall,  as  soon  as may  be,  after the said  date  consider the 
budget  estimates  so  prepared  and  approve  the  same  with  or  without 
modifications and  forward  it  to  the Authority  for  the  inclusion  thereof in  the 
budget estimates  of the Authority before  such date as the  State Government 
may, from  time  to  time  by  order,  determine. 

31  The  Authority  shall  consider  the  budget  estimates  submitted  to  it  Sanction of 

under  section  30  and  approve  the  same  with  or  without  modifications  on  or  bu4gct 
before such date as the State Government may, from time  to time, determine. 
The budget  estimates forwarded  by every Board shall form part of the budget 
estimates  of the  Authority. 

°  una es. 

32.  (1)  Every  budget  estimates  approved by  the  Authority under  the  last  Submission  of 

preceding section shall be submitted  to the State Government for information.  approved 

(2)  After  the  receipt  of  the  approved  budget  estimates,  the  State  estimates to 

budget 

Government may  as  far  as practicable before  the beginning  of the  next year, 
suggest to the Authority,  such modifications  therein as the  State Government 
may  deem  fit,  and  the  Authority  shall  carry  out such  modifications  in  the 
budget  estimates  in  such  manner  as  the Authority  may  think  fit. 

ate 
veniment. 

33.  The  Chief Executive  Officer  may,  at  any  time  during  the  year  for  Suppletnen- 
-'  budget. 

which a budget  has been  approved by  the Authority,  lay before  the Authority 
a  supplementary  budget  estimates and  the  provisions  of sections  30,  31  and 
32  shall,  so  far  as  may be,  apply  to  such  supplementary  budget estimates. 

(1)  The  Authority  shall  have  its  own  fund. 

34. 
(2)  (a)  All  moneys  received  by  the  Authority  by  way of grants,  subventions, 

donations  and  gifts  for  all  or  any  of the  purposes  of this  Act; 

Authority's 
Fund. 

(b)  All  proceeds  of land  or  any  other  kind  of property  sold  or  disposed  of 
by  the  Authority,  ali  rents,  deposits,  betterment  charges  and  all  interest, 
profits  and  other  moneys  accruing  to  the  Authority; 

i 

Sub-section (1) was substituted by Mali. 23 of2000,  .  2, 

H-187-(3) 

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18 

Maharashtra Housing and Area 
Development Act,  1976 

[1977 :  Mah. XXVJJI 

(c)  all  loans  received  by  the  Authority; 
shall  constitute  the  fund  of the  Authority 
* 

* 

* 

* 

(3)  1* 
35. 

Deposit of 

:;::  forming  part  of  the  funds  of the  Authority  shall  be  deposited  in  the Reserve 

(1 )  Except as otherwise  directed  by  the State Government, all  moneys 

thereof.  Bank  of  India  or  in  such  Scheduled  Bank  or  invested  in  such securities  as 

may be  approved  by  the  State  Government. 

Explanation.-For the  purposes of this  section,  the  Reserve  Bank  of  India 
means the Reserve Bank oflndia at 2[Mumbai] constituted under the Reserve 
Bank oflndia Act,  1934, and  a Scheduled Bank means  a Bank included in the  II of 
1934. 
Second  Schedule  to  the  said  Act. 

(2)  The  fund  of the  Authority  shall  be  operated  upon  by  such  officers  as 

may  be  authorised  by  the  Authority. 

36. 

Powerof 

(7) The  Authority  may,  from  time  to  time  with  the  previous sanction 
Authorityto  of the  State Government and  subject  to the  provisions  of this Act  and  to such 
conditions as  may  be  prescribed  in  this  behalf,  borrow  any  sum  required  for 
the  purposes  of  this  Act. 

(2)  The rules made by the State Government for the purposes of this section 
may  empower  the  Authority  to  borrow  by  the  issue  of  debentures  and  to 
make  arrangements  with  bankers. 

(3)  All  debentures issued by the Authority  shall be  in such form  as  the 
Authority with the sanction of the State Government, may,  from  time to time, 
determine. 

(4)  Every debenture shall be signed by the President and  one other member 

of  the  Authority  as  the  Authority  may  by  order  specify  in  this  behalf. 

(5)  Loans  borrowed and debentures issued  under this  section may be 
guaranteed  by  the State  Government as to  the repayment  of principle  arid 
the payment ofinterest at such rate a  may be fixed by the State Government. 
37,  All  property  and  fund  of the Authority  and all  other assets  belonging 
to,  or vesting in, the Authority shall be  held and  applied by it,  subject  to  the 

and  for  the  purposes,  of  this  Act. 

Application of 

Subvention 

38. 

(1)  Any  Government  or  local  authority (and  every  local  authority  is 
hereby authorised  to do so) may, from time to time, make subventions  to  the 
.  Authority  for  the  I)UPOSS of this Act on such terms and conditions as  the 

State  Government  may  determine. 

(2)  Any Government  may from  time to  time  advance loans to  the Authority 
on  such  terms  and  conditions  not  inconsistent  with  the  provisions  of  this 
Act,  as  that  Government  may determine. 

Accountsand 

(1)  The  Authority  shall  cause  to  be  maintained  proper  books  of 
audit  accounts  and  such  other  books  as  the  rules  may  require,  and  shall  prepare 

39. 

in  accordance 

'jtl  the  rules  an  annual  statement  of accounts. 
(2)  The Authority  shall  cause  its  accounts  to  be  audited  annually by  such 
person and by such date in the next succeeding year as the State Government 
may  direct.  The  person  so  directed  shall  have  the  right  to  demand  the 
production  of books,  accouns and connected vouchers,  documents and papers, 
and  to inspect any of the  offices of the Authority including those of the  Boards. 
(3)  As  soon  as  the  accounts  of the  Authority  have  been  audited,  the 
Authority  shall  send  a  copy  thereof with  a  copy  of  the  report  of the  auditor 
thereon  to  the  State  Government;  and  the Authority  shall comply  with  such 
directions  as  the  State  Government  may,  after perusal  of the  report  of the 
auditor,  think  fit  to  issue. 

I 

Sub-section (3) was deleted by Mah. 54 of 1977, s. 5. 

2  This word was substituLed  for the word "Bombay" by Mab. 25 of 1996, s.  2 and SeF,., para (2). 

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1977 :  Mali. XXVIHI 

Ma/iarashtrcz Housing (md Arca 
Development Act,  1976 
(4)  The  accounts  together  with  the  report  of  the  auditor  thereon  shall  be 
laid  by  the  State  Government before  each House  of the  State Legislature  as 
far as possible  before the  expiry  of the year next succeeding the year to  which 
they  relate. 

19 

Concurrent 
and special 
audit of 
accounts. 

40. 

(1)  Notwithstanding  anything  contained  in section  39, there  shall  be 
a concurrent  audit of the accounts of the Authority by  such  person as it thinks 
fit.  The State Government  may also  direct a  special  audit to  be made by such 
person  as  it  thinks  fit  of  the  accounts  of  the  Authority  relating  to  any 
particular  transaction or  a  class  or  series  of transactions  or  to  a  particular 
period. 

(2)  Where  an  order  is  made  under  sub-section  (1 ),  the Authority  shall 
present or  cause  to  be  presented  for  audit such  accounts  and  shall  furnish 
to  the  person  appointed  under  sub-section  (1)  such  information  as the  said 
person  may  require  for  the  purpose  of  audit;  and  shall  remedy  or  cause  to 
be  remedied  the defects  pointed out by  such person,  unless they  are conduced 
by  the  State  Government. 

CHAPTER  V. 
AcQuisrrioN  OF LAND Arn  DISPOSAL OF PROPERTY OF Tu  AUTHORITY. 

Power of 
State 
Government 
to acquire 
land. 

41. 

(1)  Where,  on  any  representation from  the  Authority  or  any Board  it. 
appears  to  the  State Government  that,  in  order  to  enable  the  Authority  to 
discharge  any  of its  functions or  to  exercise  any  of its  powers  or  to  carry  out. 
any  of its  proposals,  plans,  or  projects,  it  is  necessary  that any  land  should 
be  acquired, the  State Government may  acquire the land by  publishing in  the 
Official Gazette  a  notification  to  the  effect  that  the  State  Government  has 
decided  to  acquire  the  land  in  pursuance  of  this  section 

Provided  that,  before  publishing  such notification,  the  State  Government 
shall  by notice  published in the  Official gazette, and  served in  the prescribed 
maïmer,  call  upon  the  owner  of,  or  any  other  person  who,  in  the  opinión  of 
that Government, may be interested in, such land to show cause, why it should 
not  be  acquired  and  after considering  the  cause,  if any,  shown  by  the  owner 
or  any  other  person  interested  in the  land,  the  State Government  may  pass 
such  order  as  it  thinks  fit: 

'[Provided  further  that,  if the  land  proposed  to  be  acquired  falls  within 
the Scheduled Areas then the State Government shall  before such acquisition 
and  before  re-setting  or  rehabilitating  of persons  affected  consult,- 

(i)  the Gram Sabha and the Panchayat concerned,  ifthe land falls  within 

the  area  of one  Panchayat; 

(ii)  concerned  Gram  Sabhas and  the Panchayat Sarniti, if the  land  falls 

within  the  area  of more  than  one  village  in  the  Block  concerned; 

(iii)  the  concerned  Gram  Sabhas and  the  Zilla  Parishad concerned,  if 
the land  falls within the jurisdiction of more than one Blocks in the district 
concerned; 

such  consultation  shall  be  done  in  the  manner  as  may  be  laid  down  by  the 
State  Government  by  issuing  general  or  special  order  issued  in  this  behalf: 
Provided  that,  the  decision  taken  by  the  majority  of the Gram Sabhas 
concerned  by passing a  resolution  in  the al)OVe  matter shall  be binding  on the 
concerned  Panchayat Sanz.iti  or  the  Zilla  Parishad, as  the  case  may  be. 

Explanation.-for the  purpose  of these  provisos,- 
(i)  the  expressions  "  Gram  Sabha ",  "Panchayat" and  "  Scheduled  Areas" 
Boni. 1H  shall have  the meaning respectively assigned  to  them  in  the  Bombay Village 
of 1959.  Panchayats  Act,  1958; 

These provisos were added by Mah. 46 of 1997, s.  12. 
The short tiUe  of Lhis Act. has been amended as  'the Maharashtra Village Pauchyats Act." 
vide Mali. 24 of2012, Sch., Entry 74 w.eS.  1.5-16O. 

U-187-(4) 

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20 

Maharashtra How'ing and Area 
Development Act,  1976 

{1977 :  Mali. XXVIII 

(ii)  the expressions "  Pancizayat Samiti "  and  "  Zilla Parishad " shall 
have the meanings respectively assigned to  them in  the Maharashtra Zilla 
Parishads  and Panchayat  Samitis  Act,  1961.1 

(2)  The  acquisition  of land  for  any  purpose  mentioned  in  sub-section  (1) 

shall  be  deemed  to  be  a  public  purpose. 

(3)  Where  notification  aforesaid  is  published  in  the  Official Gazette,  the 
land  shall,  on  and  from  the  date  on  which  the  notification  is  so  published, 
vest  absolutely  in  the State  Government  free  from  all  encumbrances. 

Government 

- 

Power of 

(1 )  Subject  to  the  provisions  of section  51,  where  any  land  is  vested 
42. 
the  State  Government  under  sub-section  (3)  of  section  41,  the  State 
to require  Government  may,  by  notice  in  writing,  order  any  person who  may  be  in 
person ii,  possession  of the  land  to  surrender or  deliver possession thereof to  the  State 
Government  or  any  person  duly authorised  by  it in  this  behalf within  thirty 

possession 

surrender or  days  of the  date  of service  of the  notice. 
deliver 
(2)  If any person fails or refuses  to comply  with an order under sub-section 
possession 
thereofto  (1) the  State Government  may take possession of the land, and  may, for  that 
Government.  purpose use  or  cause  to  be  used  such  force  as  may  be  reasonably necessary. 
(3)  Where  any  land  is  taken  possession  of  as  aforesaid,  the  State 
Government shall  make  that land  available  to  the Authority  for  the purpose 
for  which  the  land  has  been  acquired  and  for  discharging  its  functions, 
performing  its  duties  and  exercising  its  powers. 

Right to 
receive  Chapter  shall 

43.  Every  person  having  any  interest in  any  land  acquired  under  this 
entitled  to  receive  from  the State  Government an  amount 

amount for 
acquisition. 

S  provided  hereafter  in  this  Chapter 

Lands in  Municipal Areas. 

44. 

Basis  for 

(1)  Where  any  land  including  any  building  thereon  is  acquired  and 
determination  vested in the  State Government under this  Chapter and  such  land is  situated 
of amount for 
acquisition of  lfl any  area within the jurisdiction of any Municipal  Corporation  or Municipal 
lands in  Council, the State Government shall pay for such acquisition  an amount which 
municipal  shall  be  determined  in  accordance  with  the  provisions  of this  section. 

areas. 

(2)  Where  the  amount  has  been  determined  with  the  concurrence  of the 
Authority,  by  agreement  between  the  State  Government  and  the  person  to 
whom it  is payable,  it  shall be  determined and  paid in  accordance  with  such 
agreement. 

(3)  Where  no  such  agreement  can  be  reached,  the  amount  payable  in 
respect  of any  land  acquired  shall  be  an  amount  equal  to  one  hundred  times 
the net  average monthly  income  actually derived from  such  land,  during  the 
period  of five  consecutive years  immediately preceding the date  of publication 
of  the  notification  referred  to  in  section  41  as  may  be  determined  by  the 
Land  Acquisition  Officer. 

(4)  The  net  average  monthly  income  referred to  in sub-section  (3)  shall be 
calculated  in  the  manner and  in  accordance  with the  principles set out in  the 
First  Schedule. 

(5)  The  Lanci  Acquisition  Officer  shall,  after  holding  an  inquiry  in  the 
prescribed  manner,  determine  in  accordance  with  the  provisions  of sub- 
section  (4)  the  net  average  monthly income  actually  derived  from  the  land. 
The  Land  Acquisition  Officer  shall  then  publish  a  notice  in  a  conspicuous 
place  on  the  land  and  serve  it  in  the  prescribed  manner  calling  upon  the 
owner of  the  land  and  every  person  interested  therein  to  intimate  to  him, 

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Ma/iarctshtra Housing and Area 
Development Act.  1976 

21 

before  a  date  specified  in  the  notice,  whether  such  owner  or  person  agrees 
to  the  net  average  monthly  income  actually  derived  from  the  land  as 
determined  by  the  Land  Acquisition  Officer.  If  such  owner  or  person  does 
not agree, he may intimate  to the Land Acquisition Officer before the specified 
date  what  amount  he  claims  to  be  such  net  average  monthly  income. 

(6)  Any person,  who  does  not  agree  to  the  net average monthly  income  as 
determined  by  the  Land  Acquisition  Officer  under  sub-section (5)  and  the 
amount  for  acquisition  to  be  paid  on  that  basis  and  claims  a  sum  in  excess 
of that amount may  prefer an  appeal  to the Tribunal,  within thirty days  from 
the  date  specified  in  the  notice  referred  to  in  sub-section  (5). 

(7)  On  appeal,  the  Tribunal  shall,  after hearing  the  appellant,  determine 
the net average monthly  income  and the amount  to  be paid  on that basis and 
its  determination  shall  be  final  and  shall  noi:  be  questioned  in  any  court. 

45. 

(1)  There  the owner  of the  land and  the owner of the building thereon  Apportion- 

are different  persons, or several persons claim  to  be  interested  in  the amount  ment of 
for  acquisition  determined  under  the  last  preceding  section,  the  Land 
Acquisition Officer shall determine the persons  who  in his  opinion are entitled 
to  receive  the  same  and  the  sum  payable  to  each  of them. 

itioi. 

(2)  If any  dispute arises as  to  the apportionment of the amount or any  part 
thereof or as to  the persons  to whom the same  or any part thereof is  payable, 
the  Land  Acquisition  Officer  may  refer  the  dispute  to  the  decision  of  the 
Tribunal;  and  the  Tribunal in  deciding  any  such  dispute  shall  follow  the 

i  of  provisons  of Part  Ill  of  the  Land  Acquisition  Act,  1894. 
1894. 

46. 

(1) After  the  amount  for  acquisition  has  been  determined,  the Land 
Acquisition Officer  shall, on behalf of the State Government,  tender payment 
of  and  pay  the  amount  to  the  persons  entitled  thereto. 

(2)  If the  persons  entitled to  the  amount  do  not  consent  to  receive  it,  or 
if there  be  any  dispute  as  to  the  title  to  receive  the  same  or  as  to  the 
apportionment  of  it,  the  Land  Acquisition  Officer  shall  deposit  the  amount 
in  Greater  Bombay,  in  the  Bombay  City  Civil  Court,  and  in  any  other 
municipal  area  in  the  Court of the District Judge,  and  that Court shall  deal 
with the  amount  so  deposited  in  the manner laid  down  in sections  32  and  33 

I  of  of  the*  Land  Acquisition  Act,  1894. 

1894. 

Payment of 
amount for 
acquisition  or 
deposit of 
same in court. 

47. 

(1) The  Land Acquisition  Officer may,  for  the purpose  of determining 
the  amount  for  acquisition  or  apportionment  thereof,  by  order  require  any 
person  to  furnish  such  relevant  information  in  his  possession  as  may  be 
specified  in  the  order. 

(2) The  Land  Acquisition  Officer  shaH,  while hohling an inquiry under  sub- 
section  (5)  of section  44  of this  Act  have  all  the  powers  of a  civil  court while 
V of  trying  a  suit  under  the  Code  of  Civil  Procedure,  1908,  in  respect  of  the 
1908.  following  matters,  namely  :- 

(a)  summoning  and  enforcing  the  attendance  of  any  person  and 

Powers of 
Land 
Acquisition 
Officer in 
relation  to 
determination 
ofamount for 
acquisition, 
etc. 

examining him  on  oath; 

(b)  requiring  the  discovery  and  production  of  any  document; 
(e)  receiving  evidence  on  affidavit; 
(d)  requisitioning  any  public  record  from  any  court  or  office; 
(e)  issuing  commissions  for  examination  of witnesses. 

. 

The  name of this  city  is  restored  as  "Brihan Mumbai" see  Mali.  25  of  1996,  s.  2  and  3. 
.  4  Now  'ee  Right  to Fair Compensation and  Transparency in Land Acquisition,  Rehablilitation 

and Resettlement  Act,  2013  (30  of 2013). 

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22 

Ma/iarashtra Hutwing and Area 

Development 

Acts  1976 

[1977 : Mali. XXVIII 

Payaient of 

48.  When  the amount for  acquisition  is  not  paid  or deposited  on  or before 
mtcresL  taking  possession  of the  land,  the  Land  Acqusition  Officer  on  behalf of the 
State  Government  shall  pay  the  amount  determined  with  interest  thereon, 
from  the  date  of taking possession  until  the  amount is  paid  or  deposited,  at 
the  rate  of 4  per  cent.  per  annum  for  the  first  six  months,  and  thereafter at 
the  rate  of 9  per  cent.  per annum. 

Appointment 

Ac  0Í!;' 

49.  The  State  Government  may,  by  notification  in  the  Official  Gazette, 
appoint  an  officer  who  is  holding  or  has  held  an  office,  which  in  its  opinion 
S  not  lower  in  rank  than  that  of Deputy  Collector  or Assistant  Director  of 
Town  Planning to  be  a  Land Acquisition  Officer for  the purposes  of this Act, 
and  one  or  more  such  officers  may be  appointed  as  may  be  necessary. 

Lands in Rural Areas. 

5Ø. 

Basis  for 

(1)  Where  any  land  (including any  building  thereon)  is  acquired  and 
deterirnnaton  vested  in  the State Government under  this Chapter  and  such land  is  situated 
acquisition  of  in any area outside the jurisdiction of any Municipal Corporation or Municipal 
lands in 
rurac  Council  (in this Chapter referred th  as « a rural area "),  the State Government 
shall  pay  for  such  acquisition  an  amount,  which  shall  be  determined  in 

areasan 

procedure.  accordance  with  the  provisions  of this  section. 

(2)  Where  the  amount  has  been  determined,  with  the  concurrence  of the 
Authority,  by  agreement  between the  State  Government  and  the  person  to 
whom  it is  payable,  it  shall be  determined and paid  in  accordance with  such 
agreement. 

(3)  Where no  such agreement can be reached,  the State  Government shall 
refer the case to  the Collector, who shall determine  the amount for acquisition 
in  accordance  with  the  principles  for  determining  compensation  laid  down 
in  the** Land Acquisition  Act,  1894, and  the  provisions  of that Act (including  I of 
provisions  for  reference  to  Court  and  appeal)  shall  apply  thereto  ¿nt4tatis 
rnutandis  as  if the  land  has  been  acquired  and  compensation  had  to  be 
determined,  apportioned  and  paid  under  the  provisions  of that Act,  subject 
to  the  modifications that reference  in  sections  23  and  24  of that Act,  to  the 
date  of publication of  the  notification  under  section  4,  sub-section  (1),  were 
references  to  the  date  on  which  the  notice  under  the  proviso  to  sub-section 
(1)  of section  41  of this  Act  is  published,  and  the  references  to  the  time  or 
date  of the  publication  of the  declaration  under  section  6  of that  Act  were 
references  to  the  date  of publication  of the  notification  referred  to  in  sub- 
section  (3)  of  section  41  of  this  Act  in  the  Officiai Gazette. 

1884. 

Expianation.-In this section,"  Collector  " means the  Collector of a District 
and  includes  any  officer  specially  appointed  by  the  State  Government or  by  I of 
the  Commissioner  to  perform  the  functions  of a  Collector  under  the**  Land  1884. 
Acquisition  Act,  1894. 

Alternative  Accommodation. 

51.  Where  any  building  acquired  under  this  Chapter which  is  vested  in 
Alternative 
accommoda-  the  Authority  is  proposed  to  be  demolished,  it  shall  be  the  duty  of  the 
occupîersof  Authority,  before  evicting  the  occupiers,  to  allot  such  alternative 
residential  accoinniodation,  at such  place  and  of such  nature  and  size,  as  the Authority 
may  determine,  only  to  those  CFSOflS  who  are  occupiers  of  residential 
acquired  premises  in  the  building,  either  as  owner  or  tenant,  and  who  are  actually 
UI  ing iso  residing  in  the building  at  the  time  of their  eviction.  If any  occupier  fails  to 
b 
demolished.  accept  and  occupy  the  alternative  accommodation  allotted  to  him  within  45 
Now see  Right  to  Fair Compensation and Transparency  in Land Acquisition,  Rehabilitation 
and  Resettlement Act,  2013  (30  of 2018). 

+  . 

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1977 : Mah. XXVUI] 

Ma/z.arashtra Housing and Area 
Development Act,  1976 

23 

days from  the date  of allotment,  the responsibility of the Authority to  provide 
him  with  such  accommodation  shall  cease.  The  decision  of the  Authority  as 
regards  any  matter contained  in  this  section  shall  be  final  and  shall  not  be 
questioned  in  any  court. 

Explanaüon.-ln this  section  "  building  "  means  a house  or  a  tenement or 
tenements let or intended  to be let or occupied separately.  but does not include 
any building which is unauthorised or which is a temporary building as defined 
Born.  III  in clause  (sb)  of section  3  of  1[the  Mumbai  Municipal  Corporation  Act],  with 
of 1888.  this  modification  that  the  expression  "  Commissioner  "  in  that  clause  shall 
include  an  officer  or  authority  which  is  competent  to  allow  a  temporary 
building  to  be  built  within  his  or  its  jurisdiction. 

52.  The  Authority  may also  enter  into  an  agreement  with  any  person  for  Power th 

the  acquisition  from  him  by  purchase,  lease or  exchange,  of any  land  which 
is  needed  for  the  purpose  of any  proposal,  plan  or  project  of the  Authority  ageement. 
or any  interest in such land or  for compensating  the owners of any such  right 
in  property  in  respect  of any  deprivation  thereof  or  interference  therewith. 

or 

Betterment Charges. 

53.  (1) Where  for  the  purpose  of any  proposal,  plan  or  project,  any  land  Betterment 

in the  area comprised  therein  which is  not  required for  the execution  thereof  charges. 
will in the opinion  of the Authority, be increased  in value,  the Authority may 
for  the  purposes of any  such proposal, plan  or project  in  lieu  of providing  for 
acquisition of such  land, declare that the betterment charges shall be  payable 
by  the owner of the  land  or  any person having  an interest  therein  in respect 
of the  increase 
proposal,  pian  or  project. 

value  of the  land  resulting 

(2)  Such  increase  in  value  shall  be  the amount  by  which  the  value  of the 
land  on  the  completion  of  the  execution  of the  proposal,  plan  or  project 
estimated  as  if the  lanci  were clear  of the buildings  exceeds  the value  of the 
land  prior  to  the  execution  of the  proposal,  plan  or  project  estimated in like 
manner and the betterment charges shall  be one-halfofsuch increase in value. 
(3)  No  betterment charges shall  be  payable by  the  Government in respect 
of any  land  which  is  the  property of  the Government  or  is  managed  by  any 
Government  or  by  any  Corporation  (including  a  company  or  subsidiary 
company  thereof)  owned  or  controlled  by  the State  or by  any  local  authority 
or  any  public  institution  in  respect  of any  land  belonging to  such  authority 
or  institution  if and so  as  long  as,  such  land  is used  for  public,  charitable or 
religious  purpose. 

54. 

(1) The Authority shall  give notice  to  any person who  is  the  owner  of,  Notice to 

or  has interest in  the land in  respect  of which  the  betterment charges  are  to 
be  levied,  and  shall  give  such  persons  an  opportunity  to  be  heard. 

liable 

betterment 

(2) After  hearing  such  person,  or  if such  person  fails  to  appear  after  the  chaises. 

expiry  of the  period  within  which  such  person  is  required  to  appear  before 
the Authority,  the Authority shall proceed to  assess  the amount of betterment 
charges. 

(3)  Where the assessment ofbetterment charges  proposed by the Authority 
is  accepted  by  the  person  concerned  within  the  period  prescribed,  the 
assessment  shall  be  final. 

L  These  wordg  were  substituted  for  the wordg '  the  Bombay  Municipal  Corporation  Act",  by  Mab.  25 

of  1996,  s-  2,  Seh.  para  (3). 

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24 

Maharashtra Housing and Area 
Development Act,  ¡976 

[1977 : Mah. XXVIII 

(4)  If the  person  concerned  does  not  accept  the  assessment  proposed  by 

the  Authority,  the  matter  shall  be  referred  to  the  Tribunal. 

(5)  The Tribunal shall, after holding an inquiry and after hearing the person 
concerned,  assess  the  amount  of  the  betterment  charges  payable  by  the 
person. 

Agreement for 

55. 

(1  )  Any  person  liable  to  pay  betterment  charges  in  respect  of  any 
land may at  his option, instead of paying  the  same  to  the Authority, execute 
charges.  an  agreement  with  the  Authority  to  leave  the  payment  outstanding  as  a 
charge  on  his  interest  in  the  land,  subject  to  the  payment  in  perpetuity  of 
interest  at  such  rate  as  may  be  prescribed. 

(2)  Every  payment due  from  any  person  in  respect  of betterment  charges 
and every charge referred to  in sub-section  (1) shall, notwithstanding anything 
contained  in  any  other  enactment and  notwithstanding  the  execution of any 
mortgage or charge,  created  either  before or  after the  commencement  of this 
Act,  be  the  first  charge  upon  the  interest  of such  person  in  such  land. 

56.  All  sums  payable  in  respect  of any  land  by  any  person  in  respect  of 
Recovery of 
betterment  betterment  charges  under section  53  or  by  any  person  under an  agreement 
rg  .  under  section 55  shall be  recoverable  on behalf of the Authority as  an  arrear 
of land  revenue  on  a  certificate  of an  officer  appointed  by  the State  Govern- 
ment  in  this  behalf. 

Certain  Provisions for Purposes of this Act. 

57. 

Transfer to 

(1)  Whenever  any  street,  square  or  other  land,  or  any  part  thereof, 
Authority for  situated  in any  area  within the limits  of a Municipal  Corporation,  Municipal 
purposes of 
this Act land  Council or Zita Parishad and vested  in such  Corporation, Council or Parishad 
vested iii  is required for  any of the  purposes of this Act,  the Authority shall give  notice 
Corporatin  accordingly  to  the  Corporation,  Council  or  Zilla  Parihad, as the  case  may 

. 

. 

- 

. 

. 

. 

Municipal  be. 
Council or 
Zilla 

Authority. 

(2)  Where  the Mumcipal  Corporation, Municipal Council or Zata Parishad 
Pü.rishad.  concurs,  such  street,  square  or  other  land,  or  part  thereof shall  vest  in  the 

(3)  Where  there  is  any  dispute,  the  matter  shall  be  referred  to  the  State 
Government.  The State  Government,  shall,  after considering  any  representa- 
tion,  or  after  hearing  any  officer  of  the  Municipal  Corporation,  Municipal 
Council  or  Zilla  Pari..shad concerned,  decide  the  matter.  The  decision  of  the 
State  Government shall  be  final.  If the  State  Government  decides  that such 
street,  square  or  land  or  part  thereof,  shall,  vest  in  the  Authority,  it  shall 
vest  accordingly. 

Payment in 

(4)  Nothing in this  section shall affect the rights or powers ofthe Municipal 
Corporation,  Municipal  Council  or  Zilla  Parishad in  or  over  any  drain  or 
water  work  in  such  street,  square  or  land  or  the  rights  or  powers  of  any 
authority  in  respect  of  any  of its  works  or  installations  duly  laid  in  such 
street,  square  or  land under  any  law  for  the  time being  in force  in the  State. 
(1  )  Where  any  land  vests  in  the  Auhtority  under  section  57  and  the 
i  d1'ted  Authority  makes  a  declaration  that  such  land  shall  be  retained  by  the 
an Aoi  Authority  only  until  it  revests  in  the  Municipal  Corporation,  the  Municipal 
Council  or  the  Zilla  ParWiad  as  part  of a  street  or  an  open  space  under 
section  61,  no  amount  shall be  payable  by  the  Authority  to  the  Municipal 
Cororation,  the  Municipal  Council  or  the  Zilla Parishad, as  the  case  may 
be,  in  respect  of that  land. 

58. 

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197'? : Mah. XXVTIIJ 

Maharas/itra Housing and Area 
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25 

(2)  Where  any  land  vests  in  the  Authority  under  section  57  and  no 
declaration is  made under  sub-section (1 )  in respect of the land,  the Authority 
shaH  pay  to  the  Municipal  Corporation,  the  Municipal  Council  or  the  Zilla 
Pari./zad,  as  the  case  may  be,  an  amount  equal  to  the  value  of such  land. 

(3)  If,  in  any  case  where  the  Authority has made  a  declaration  in respect 
of any  land  under  sub-section  (1  ),  the  Authority  retains  or  disposes  of the 
land contrary  to  the terms  of the declaration  so  that the  land  does  not revest 
in  the  Municipal  Corporation,  the  Municipal  Council  or  Zilla  Parishad, as 
the  case  may  be,  the  Authority shall  pay  to  the  Municipal  Corporation,  the 
Municipal  Council  or  the Zilla  Parishad an amount  in  respect  of such  land 
in  accordance  with  the  provisions  of sub-section  (2). 

59. 

(1)  The  Authority  may  turn,  divert,  discontinue  the  public  use  of,  or 

permanently  close,  any  public  street  vested  in  it  or  any  part thereof. 

(2)  Whenever  the Authority  discontinue  the  public  use  of or  permanently 
closes  any  public  street  vested  in  it  or  any  part  thereof,  it  shall,  as  far  as 
practicable,  provide  some  other  reasonable means  of access  to  be  substituted 
in  lieu  of the  use,  by  those  entitled,  of the  street  or part thereof,  and  pay  a 
reasonable  amount to every  person who  is entitled,  otherwise than as  a mere 
member of the public to  use such street or part as a means  of access and  has 
suffered  damage  from  such  discontinuance  or  closing. 

(3)  In  determining the  amount  payable  to  any  person  under  sub-section 
(2),  the Authority shall make  allowance  for  any benefit accruing to him  from 
the  construction,  provision  or  improvement  of  any  other  public  street  at or 
about  the  same  time that  the  public  street  or part  thereof,  on  account  of 
which  the  amount  is  paid,  is  discontinued  or  closed. 

(4)  When  any  public  street vested  in  the  Authority  is  permanently  closed 
under  sub-section  (1),  the Authority  may  sell  or  lease  so  much  of the  same 
as  is  no  longer  required. 

60. 

:íc there  is  any  dispute  as  to  whether  any  amount  is  payable  under 
section 58  or as to the quantum ofamount payable under section 58 or section 
59,  as  the  case  may be,  the  matter  shall  be  referred  to  the  Tribunal. 

61. 

(1)  Whenever  the  State  Government  is  satisfied- 

(a)  that  any  street  laid  out  or  altered  by  the  Authority has  been  duly 
levelled,  paved,  metalled,  flagged,  channeled,  sewered,  and  drained  as 
required  for  any  proposals,  plans  or  projects  included  in  the  budget,  and 
(b)  that  such  lamps,  lamp-posts  and  other  apparatus  as  the  Municipal 
Corporation,  the  Municipal  Council  or Zilla  Parishad, as the  case may be, 
considers  necessary  for  the  lighting  of  such  street  and  as  ought  to  be 
provided  by  the  Authority  have  been  so  provided,  and 

(c)  that water  and other sanitary  conveniences have  been  duly  provided 

in  such  street, 
the State Government may declare  the street to  be a  public street,  and the 
street shall  thereupon  vest  in  the  Municipal  Corporation,  Municipal  Council 
or Zilla Parishad, as the  case  may  be,  and  shall hence-forth  be  maintained, 
kept  in  repair, lighted  and  cleaned  by  the  Municipal  Corporation,  Municipal 
Council  or  Zilla  Paris/tad. 

Power of 
Aut.horitiy  to 
tuin or close 
public  street 
vested in  it. 

Reference  to 
Tribunal in 
case of 
dispute under 
section 58 or 
59. 

Vesting in 
MUIIiCI1)Ol 
Corporation, 
Municipal 
Council or 
Ziikt  Perished 
ofstreets  laid 
out or altered 
an  open  space 
provided by 
Authority 
under any 
proposal,  plan 
or project 
under this 
Act. 

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26 

Maliarashtrct Housing and Area 
Development Act,  1976 

[1977 :  Mali. XXVIII 

(2)  Where  any  open  space  for  PUJ)OS  of  ventilation  or  recreation  has 
been  provided  by  the  Authority  in  executing  any  proposal,  plan  or  project 
under  this  Act,  the Authority  may  at  its  option by  resolution  transfer such 
open  space  to  the  local  authority  concerned  on  completion  of  the  proposal, 
plan  or  project,  and  thereupon,  such  open  space  shall  vest  in,  and  be 
maintained  at  the  expense  of  the  local  authority 

Provided  that,  the  local  authority  may  require  the  Authority  before  any 
such  open  space  is  so  transferred  to  enclose,  level,  turf,  drain  and  layout 
such space  and  provide  footpaths  therein,  and  if necessary,  to  provide  lamps 
and  other  apparatus  for  lighting  it. 

(3)  If any  difference  of opinion  arises  between the  Authority  and  the 
Municipal  Corporation,  Municipal  Council  or  Zilla Parishad in  respect  of 
any matters  referred  to  in  the  foregoing provisions of this section, the matter 
shall be  referred  to  the  State  Government,  whose  decision  shall  be  final. 

62. 

DispuLes 

(1)  Where  under  any  proposal,  plan  or  project  under  this  Act,  any 
plots comprised in  the  area  included therein are  reconstituted  or any  person 
tion ofp1ot.  is  dispossessed,  any  person  affected  by  such  reconstitution  or  dispossession 
may apply  to  the  Authority  for  damages.  The  Authority  may,  after  making 
such  inquiry  as  it thinks  fit,  decide  whether the  applicant  is  entitled  to  any 
damages, and uso to what extent. lithe person is dissatisfied with the decision 
of the  Authority  in  the  matter,  he  may  refer  the  matter  to  the  Tribunal. 

(2)  The Tribunal  shall,  after making  an inquiry,  determine  the  amount  of 
damages  and  direct  the  Authority  to  pay  the  same  to  the  person  entitled 
thereto. 

Authority to 

63  The  Authority  shall,  subject  to  the  general  control  of the  State 
management  Government, assume  management of all  such  lands,  requisitioned or  deemed 
of  to  be  requisitioned or  continued  to  be  subject  to  requisition,  by  or  under the 
requi5itioned  Authority  of  the  State  Government  under  the  *Bombay  Land  Requisition 

Act,  1948  or  by  or  under  any  corresponding  law  for  the  time  being in  force,  j. 

. 

as  the  State  Government may  direct. 

64.  Subject  to  any  rules  made  by  the  State  Government  under  this  Act, 
!ower to 
diposoof the  Authority  may  retain,  lease,  sell,  exchange  or  otherwise  dispose  of,  any 
land,  any  building  or  other  property vesting  in  it  and  situate  in  the  area 
comprised  in  any proposal,  plan  or  project  permitted  under  this Act,  in  such 
manner  as  it  thinks  fit. 

CHAPTER  ITT 
POWER TO JVICT PERSONS FROM AuTHoRrr PiuusEs AND TO 
RECOVER Dues. 

Appointment 
of 

. 

65.  The  State  Government  may,  by  notification  in  the  Official  Gazette, 
appoint  an officer,  who  is  holding  or  has  held  an  office  which  in  its  opinion 
is  not  lower  in  rank  than  that  of Deputy  Collector  or  Civil Judge,  to  be  the 
Competent  Authority  for  performing  the  functions  of  such  authority  under 
this  Chapter in such  areas, or  in respect of such premises  or class of premises 
in  any area,  as  may be  specified in the  notification; and  more than one  officer 
may  be  appointed  as  Competent  Authority  in  the  same  area  in  respect  of 
different  premises  or  different classes  of  premises. 

. 

Short titIe of this Act has 1)een  amended as  tIìe  Maharashtra Land Requisition Act", uîde 
Mali. 24 of 2012. s.  2, Sch., Entry 32 w.e.f. 1-549GO, 

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1977 : Mali. XXViII 

Maliarashtra Housing and Area 
Development Act,  79Th 
(1 )  If  the  Competent  Authority  is  satisfied- 

66. 

(a)  that the  person  authorised  to  occupy  any  Authority  premises  has- 

27 

Power to evict 

from 

(i)  not  paid rent  or  compensation or  amount lawfully  due  from  him  in  AuthoritY 
preml8e8. 

respect  of  such  premises  for  a  period  of more  than  two  months,  or 

(ii) sub-let, without the previous permission ofthe Authority, the whole 

or  any  part  of such  premises,  or 

(iii)  committed,  or  is  committing  any  act  which  is  destructive  or 

permanently  injurious  to  such  premises,  or 

(iv)  made,  or is  making,  material  addition  to,  or  alteration  in,  such 

premises  without  the  previous  permission  of  the  Authority,  or 

(u)  otherwise  acted  in  contravention  of any  of  the  terms,  express  or 

implied,  under which  he  is  authorised  to  occupy  such  premises,  or 

(vi)  failed  to  vacate  the  premises  required  by  the  Authority  for  the 
purpose  of implementing  any  plan or  project  for  the  sale  of tenements 
and  to  accept  the  alternative  accommodation  offered  by  the  Authority. 
(b)  that  any  person  is  in  unauthorised  occupation  of any  Authority 
premises,  the  Competent Authority  may,  for  reasons  to  be  recorded  in 
writing,  by  notice  served  (i)  by  post,  or  (U)  by  affixing  a  copy  of it  on  the 
outer  door or some  other  conspicuous part of such  premises, or (iii)  in such 
other manner as may  be  prescribed, order that person, as well  as any other 
person,  who may be  in  occupation of the whole or any  part of the premises, 
to vacate the  premises in  unauthorised  occupation,  within  24  hours of the 
date  of  service  of  notice,  and  in  any  other  case  within  a  period  of seven 
days  of  the  date  of such  service. 
(2)  Before  an  order untIer  subsection (i)  is  made  against  any person,  the 
Competent Authority shall issue,  in the manner  hereinafter provided, a  notice 
in  writing  calling  upon  all  persons  concerned  to  show  cause  within ten  days 
why  an  order  of  eviction  should  not  be  made. 

The  notice  shall- 

(a)  specify  the  grounds  on  which  the  order  of eviction  is proposed  to  be 

made;  and 

(b)  require  all  persons  concerned,  that  is  to  say,  all  persons  who  are  or 
may  be  in  occupation of,  or claim  interest  in,  the  Authority  premises,  to 
show cause againts the proposed order,  on or before  such date  as is specified 
in  the  notice. 

If such  person  makes  an application  to  the  Competent Authority  for  the 
extension  of  the  period  specified  in  the  notice,  such  Authority  may  grant 
the same  on deposit ofone hundred rupees and on such terms as to payment 
and  recovery of the  amount claimed in  the  notice, as such Authority thinks 
fit. 

Any  written-statement  put  in  by  any person and documents  produced 
in  pursuance  of the  notice,  shall  be  filed  with  the  record  of the  case,  and 
such  person  shall  be  entitled  to  appear  before  the  Competent  Authority 
by  advocate,  attorney  or  other  legal  practitioner. 

The  notice  to  be  served  under  this  sub-section  shall  be  served  in  the 
manner  provided  for  the  service  of  a  notice  under  sub-section  (1 );  and 
thereupon, the notice shall be deemed  to have  been duly given to all  persons 
concerned. 
(3)  If any  person refuses or  fails to  comply  with an order  made under  sub- 
section  (1),  the  Competent  Authority  may  evict  that  person  and  any  other 
person  who  obstructs  him  and  takes possession  of the  premises, and  may for 
that  purpose  use such  force  as  may  be  necessary. 

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Maharashtra Housing and Area 
Deueiopnwnt Act,  1976 

[1977 : Mah. XXVIII 

(4)  The  Competent  Authority  may,  after  giving  ten  clear  days'  notice  to 
the  person  from  whom  possession  of the Authority  premises has  been  taken 
under sub-section  (3),  and  after  publishing  such  notice  in  the  prescribed 
manner, remove  or cause  to  be  removed  or disposed  of by  public  auction,  any 
property  remaining  on  such  premises.  Such  notice  shall  be  served  in  the 
manner  provided  for  the  service  of  a  notice  under  sub-section  (1). 

(5)  Where  the  property  is  sold  under  sub-section  (4),  the  sale  proceeds 
shall,  after deducting  the  expenses of sale, be  paid  to  such person or persons 
as  may  appear  to  the  Competent  Authority  to  be  entitled  to  the  saine 

Provided that,  where  the  Competent  Authority  is  unable  to  decide  as  to 
the  person or persons  to  whom  the balance  of the  amount is  payable or  as  to 
the  apportionment  of the  same,  he shall  refer  such  dispute  to  a  Civil  Court 
of competent jurisdiction  and  the  decision  of the  Court thereon  shall  be  final. 
(6)  If a  person,  who  has been  ordered  to  vacate  any premises  under  sub- 
clause  (i)  or (u)  of clause (a)  of sub-section  (i),  within  seven  days of the  date 
of service  of  the  notice,  pays  to  the  Authority  the  rents  or  compensation  or 
amount  in  arrears  or  carries  out  or  otherwise  complies  with  the  terms 
contravened  by  him  to  the  satisfaction  of  the  Competent  Authority,  such 
Authority shall,  on  such terms,  if any (including  the payment  of any  sum  by 
way  of damages  or  compensation  for  the  contravention aforesaid),  in  lieu  of 
evicting such  person  under  sub-section (3)  cancel  his  order  made  under sub- 
section  (1 ),  and  thereupon,  such  person shall  continue  to  hold  the  premises 
on  the  same  terms  on  which  he  held  them  iinniediately  before  such  notice 
was  served  on  him: 

Provided  that,  if a  person  authorised  to  occupy  the  Authority  premises 
fails to pay the arrears ofrent, compensation or amount for  three times within 
a  period  of two  consecutive  years,  he  shall  be  liable  to  be  evicted  under  the 
provisions  of this  section. 

Explanation 1.-For  the  purpose  of  this  Chapter,  the  expression 
unauthorised  occupation'  in  relation  to  any  person  authorised  to  occupy 
any  Authority  premises  includes  the  continuance  of occupation  by him  or  by 
any  person claiming through  or under him  of the  premises after the authority 
under  which  he was  allowed  to  occupy the premises  has  expired or  has been 
duly  determined. 

Explanation 11.-For the  purpose  of  this  Chapter,  the  term  rent, 
compensation  or  amount includes  any  payment  to  be  made  by  a  person  in 
respect of any premises taken by him  from the Authority under hire-purchase 
agreement  and  also  any  penalty  '[imposed  such  rate  as  may  be  prescribed) 
for  the default  in the payment  of rent,  compensation or  amount.  The amount 
of such  penalty  shall  not  exceed  10  per  cent.  of  such  rent,  compensation  or 
amount. 

(7)  Notwithstanding  anything  contained  in  this  Chapter  including  this 
section,  if any  person  fails  to vacate  the  premises required  by  the  Board  for 
the  purpose  of  demolition  of building  containing  such  premises  which  are 
unfit for  human habitation then, the Board may require the occupants  thereof 
to  vacate  the  premises within  24  hours  of the  date  of service  of the  notice; 
and at the  same  time  allot  them  alternative  accommodation  in any  building 
of the  Authority  at  such  place as  it  thinks  fit.  The  accommodation  may  not 
be  in  the  same  locality  or  of the  same  floor  area  as  the  premises vacated  by 
the  occupiers.  If any  occupier  fails  to  accept  and  occupy  the  alternative 
accommodation  allotted  to  him  within  the  time  specified  by  the  Board  the 
responsibility  of the  Board  to  provide  him  with  any  alternative  accommoda- 
tion  shall  cease.  Such  occupier  shall,  however,  have  a  right  to  re-occupy  his 
premises  in  the  building  if a  building  is  re-erected  on  the  land  on  which the 
demolished  building  stood. 

I  These words were substituted  for the  words «which the Competent Authority may levy according  to 

ruIes' by Mali.  12 of 1989. s.  5. 

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1977 :  Mah. XXVIII] 

Maharashtra housing and Area 
Development Act,  1976 

29 

(8)  Where  an  occupier  does  not  vacate  his  premises,  the  Board  may  take 
or  cause to be  taken such steps and use or cause  to be  used  such force  as may 
be  reasonably  necessary  for  the  purpose  of getting  the  premises  vacated. 

(9)  The  decision  of the  Board  under sub-sections  (7)  and  (8)  shall  be  final 
and  conclusive  and  shall  not  be  called  in  question  in  any  Court  nor  any 
injunction  against  the  order  of demolition  or  vacation  of the  premises  shall 
be  made  by  any  Court. 

67. 

(1)  Subject to  any rules  made by the State Government in this  behalf, 
but  without  prejudice  th  the  provisions  of  the  last preceding  section,  where 
any  person is  in  arrears  of rent,  compensation or  amount  payable  in  respect 
of any  Authority  premises,  such officers  as  may be  authorised  by  the  Board; 
may by  notice  served  in  the manner  provided  for  service of notice  under sub- 
section (1) ofsection 66 order that person to pay  the same within such period, 
not less than ten days as may  be specified in the notice.  If such  person  refuses 
to  pay  the  arrear  of rent,  compensation  or  amount within  the  time  specified 
in  the  notice,  such  arrears  may  be  recovered  as  arrears  of  land  revenue. 

(2)  Where  any  person  is  in  unauthorised  occupation  of any  Authority 
premises,  the  Competent  Authority  may,  in  the  manner  and  having  regard 
to  the principles  of assessment  of damages  provided  for  by  the  rules, assess, 
such damages  on  account of the use and occupation  of the premises as it may 
deem fit,  and  may  by  notice  served  in  the manner  referred  to  in  sub-section 
(1) order that person to pay the damages, within such time as may be specified 
in  the  notice.  If any  person  refuses  or  fails  to  pay  the  damages  within  the 
time specified in  the notice, the damages may be recovered from him as arrears 
of land  revenue 

(3)  No  order shall  be  macle  under sub-section (2)  until after  the  issue of a 
notice  in writing to  the person  calling upon him  to show cause,  within fifteen 
days, why such order should not be made,  and until his objections,  ifany, and 
any  evidence  he  may  produce  in support  of the  same,  have  been  considered 
by  the  Competent  Authority. 

Power to 
recover rent, 
compensation, 
amount or 
damages  as 
arrears  of' 
land revenue. 

68 

(1)  Without  prejudice  to  the  provisions  of section  66,  any  person who 
has been  allotted any Authority premises may execute an agreement in favour 
of  his  employer  providing  that  the  employer  shall  be  competent  to  deduct 
from  the  salary  or  wages  payable  to  such  person  such  amount  as  may  be 
specified in the agreement and to pay the amount so deducted  to the Authority 
in  satisfaction  of the  rent,  compensation  or amount  due  by  him  in  respect  of 
the  Authority  premises  allotted  to  him. 

Rent, 
compensation 
or amount to 
be recovered 
from 
deduction 
from salary or 
wages in 
certain  cases. 

(2)  On  the execution  of such  agreement,  the employer  shall, if so required 
by  the authority,  by requisition  in writing  make  the deduction  of the  amount 
specified in  the requisition from  the salary  or wages of the employee specified 
in the  requisition in  accordance  with  the  agreement,  and  pay the  amount so 
deducted  to  the Authority  as  if it were  a  part of the salary  or  wages  payable 
Iv of  by  the  employer  as  required  under  the  Payment  of Wages  Act,  1936  on  the 
193G.  day  on  which  the  employer  makes  payment. 

69.  The Competent Authority shall, for  the purpose of holding any inquiiy  Competent 
under this  Chapter,  have the same powers as  are vested in a  civil  court under  Authority  to 
have powers 
V of  the  Code  of  Civil  Procedure,  1908,  when  trying  a  suit,  in  respect  of  the  ofci'-i1  courte. 
1908.  following  matters,  namely 

(a) summoning and enforcing the attendance ofany person and examining 

him  on  oath; 

(b)  requiring  the  discovery  and  production  of  documents; 
(e)  any  other  matter  which may be  prescribed. 

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30 

Appeals. 

Maharashtra Housing an.d Area 
Development Act,  1976 

[1977 : Mah. XXVIH 

70.  (  i )  An  apI)eal  shall  lie  from  every  order  of  the  Competent  Authority 
Zn ade  in  respect of any  Authority  premises  under section  66  or  section  67  to 
an  appellate  officer  whom  the  State  Government  may,  by  a  notification  in 
the  Official Gazette,  appoint. The appellate officer  shall be  a  person not below 
the  rank  of a  Deputy  Secretary to  Government  having judicial  experience or 
experience  in  the  Legal  Department  of  the  State  or  '[a  person  who  has  for 
at  least  ten  years  held  any judicial  office,]  who  shall  be  specified  for  the 
purpose  by  the  State  Government  in  such  notification. 

(2)  The  State  Government  may  appoint  one  or  more  appellate  officers  for 
the  whole  or  that part  of the  State  in  which  this  Act  is  in  force,  or  for  such 
area  therein  as  may  be  specified  in  the  notification. 

(3)  The  period  within  which  an  appeal  under  sub-section  (1)  may  be 

preferred  shall- 

(a)  in  the  case  of an  appeal  from an  order under  section  66  be  not  later 
than 30  days  from the  daLe  of the  service of the  notice relating to  the order 
under  sub-section  (1)  of that  section,  and 

(b)  in  the  case  of an  appeal from  an  order under  section  67  be  not later 
than 30  days  from  the date  of the  service of the notice  relating to the order 
under  sub-section  (1)  or  (2)  of  that  section, 

as  the  case may be: 

Provided  that,  the  appellate  officer  may  entertain  the  appeal  after  the 
expiry  of the said  period  of 30  days,  if he is  satisfied  that the  appellant  was 
prevented  by  sufficient  cause  from  filing  the  appeal  in  time. 

(4)  Where  an  appeal  is  preferred  from  an  order  of  the  Competent 
Authority,  the  appellate officer  may  stay  the  enforcement of that  order  on 
payment  of deposit  of  two  hundred  rupees  for  such  period  and  on  such 
conditions  as  he  deems  fit. 

(5)  Every  appeal  under  this  section  shall  be  disposed  of by  the  appellate 

officer  as  expeditiously  as  possible. 

(6)  The  appellate  officer  may make  regulations  for  regulating the  practice 
and  procedure,  including the award of costs,  the levy  of any process  fee, filing 
fee,  or  copying  or  translation  fees  including  vrovision  for  recovery  thereof 
in  the  form  of court-fee  stamps, the right of appearance  before  him, the  place 
or  places  of  his  sitting,  the  disposal  of  any  proceedings  before  him 
notwithstanding  that  in  the  course  thereof there  has  been  a  change  in  the 
appellate  officer  and  generally  for  the  effective  exercise  of  his  powers  and 
discharge  of his  functions  under this  Act. 

(7)  The  regulations  made  under  this  section  shall  be  published  in  the 

Offkial  Gazette. 

Barof 

jurisdictionof  proceeding 

'71.  No  civil  court  shall  have  jurisdiction  to  entertain  any  suit  or 
in  respect  of the  eviction  of  any  person  from  any  Authority 
.  premises  under  this  Chapter,  or  the  recovery  of  the  arrears  of  rent, 
compensation,  amount  or  damages  for  use  and  occupation  of such  premises, 
or  in  respect  of any  order  made  or  to  be  made  or  any  action  taken or  to  be 
taken  by  the  Competent Authority or  the  appellate  officer  in  the  exercise  of 
any  power conferred  by  or under  this  Chapter, or  to  grant any  injunction  in 
respect  of such  order  or  action. 

72.  Any  person, who obstructs the lavful exercise of any powers conferred 
Penaltyfbr 
obstructing  by  or  under  this  Chapter,  shall;  on  conviction,  be  punished  with  fine which 
exercise of  may  extend  to  one  thousand  rupees. 

poweI.s under 
this  Chapter. 

i  Tiieso  words  were  substituted  for the  words  "who has  held judicial  office  not below  the 

rank of District  Judge" by Mah.  29 of 1978e 5.  2. 

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1977  :  Mah. xxrmi 

frfaharashtra  Housing and Area 
Development Act,  1976 

CHAPTER  VIL 
TRIBUNAL. 

The  Tribunal  constituted  under  clause  (i)  of  section  2  of  the 
oii 
of 197L  Maharashtra Slum Areas  (Improvement,  Clearance  and Re-development) Act, 
1971,  shall  also  be  the  Tribunal  for  the  purposes  of  hearing  appeals  and 
discharging  other  functions  of the  Tribunal under  this  Act,  and  accordingly, 
the  provisions  of  section  45  of that  Act  (including  any  regulations  ¡nade 
thereunder)  and  other  provisions  relating  to  the  Tribunal  under  that  Act 
(with  such  modifications, if any,  therein as  circumstances  may  require) shall 
also  apply  to,  and  in  relation  to,  such  Tribunal  for  the  PurPOSes  of this Act. 

CHAPTER  VIII. 

REPAIRS AND RECONSTRUCTION OF DiLAPIDATED BUILDINGS. 

31 

Tribunal. 

74. 

'[The Mumbai  Repairs  and Re-construction  Boardi  established  under  Board for 

section  18  of this Act shall  be  the  Board  for  the  purposes of carrying  out the 
purposes  of this  Chapter. 

of 

this Chapter. 

Board to 
exercise 
powers and 
pertorni 
duties  subject 
to the 
superinten- 
dence, 
direction and 
control 
Authority. 

Duties 
relating to 
repairs and 
reconstruc- 
tion of 
dilapidated 
buildings. 

75*  The  Board  shall  exercise  its 
functions  under this  Chapter,  subject 
control  of the  Authority. 

powers  and  perform  its  dutiès  and 
to  the  superintendence,  direction  and 

76.  Subject  to the  provisions  of this  Chapter,  it  shall be  the  duty  of the 

Board- 

(a)  to  undertake  and  carry  out  structural  repairs to  buildings,  in  such 
order of priority  as  the  Board,  having  regard  to  the  exigencies  of the  case 
and  availability  of resources,  considers  necessary,  without recovering  any 
expenses  thereof from  the  owners  or  occupiers  of  such  buildings; 

(b)  to  provide  temporary or  alternative  accommodation to  the  occupiers 
of  any  such  building,  when  repairs  thereto  are  undertaken,  or  a  building 
collapses; 

(c)  to undertake, from  time  to time,  the work  of ordinary and tenantable 

repairs  in  respect  of  all  premises  placed  at  the  disposal  of  the  Board; 

(d)  to  move  the  State  Government  to  acquire  old  and  dilapidated 
buildings  and which  are,  in  the  opinion  of the  Board,  beyond  repairs;  and 
to reconstruct or  to  get reconstructed  new  buidings  thereon for  the purpose 
of housing  as  many  occupiers  of  those  properties  as  possible,  and  for 
providing  alternative  accommodation  to  other  affected  occupiers; 

(e)  to  move  the  State  Government  to  acquire  old  and  dilapidated 
buildings  and  which  were  once  structurally  repaird  by  the  Board,  but  in 
respect  of which  further  structural  repairs  are  not,  in  the  opinion  of the 
Board  possible  or  economical,  and  to  reconstruct  or  to  get  reconstructed 
(on  demolishing existing buildings)  new buildings  thereon  for  the  purpose 
of housing  as  many  occupiers  of  those  properties  as  possible,  and  for 
providing  alternative  accommodation  to  other affected  occupiers; 

i  These words  were substituted for the words  the Bombay Repairs and  Reconstruction Board 

by  Mab. 25  of  1996,  s.  2, and 8th..  para  (3). 

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32 

Maharashtra Housing and Area 
Development  Act,  1976 

[1977 : Mali. XXVIII 

(f) having regard to  the  exigencies  of the  case  and  availability of resources, 
Lo  construct  or to get constructed  through  an  approved agency, transit camps 
with  a  view  to  providing  temporaiy  accommodation  to  persons  affected  by 
house  collapse,  fire,  torrential rain  or  tempest  in  its  area  of  operation; 

(g)  to  take  action  for  demolition  of dangerous  and dilapidated  buildings or 
iortions  thereof,  which  are  not  capable  of being  repaired  at  reasonable 
expense,  and  thereby  save  human  lives; 

(h)  with  the  prior  approval  of  the  Authority,  to  do-all  other  things  to 
facilitate  the  carrying  out  its  powers,  duties  and  functions provided  by  or 
under  this  Act. 

77.  The  Board,  in  the  exercise  of its  powers,  performance  of  its  duties 

and  discharge  of its  functions  under  this  Chapter  may- 

(a)  authorise  any  person,  by  general  or  special  order,  to  enter  into  or 
upon any building or land with or without assistance ofworkmen for making 
any  inquiry,  inspection,  survey,  measurement,  valuation  or  taking  levels 
of  such  building  or  land  or  for  carrying  out  any  structural  repairs  or  to 
execute  any  work  which is  authorised  by  or  under this  Act,  or  which  it  is 
necessary  to execute for any of the purposes or  in  pursuance of any  of the 
provisions  of this  Act  or  of any  rule  or  regulation  made  thereunder 

Provided that, before exercising such  powers,  so far as may be compatible 
with  the  exigencies  of  the  purpose  for  which  the  entry is  to  be  made, 
reasonable notice shall be given  to the owner  and occupiers,  and  the power 
shall  be  exercised  as  far as  possible  in  their  presence  or  in  the  presence 
of their  representatives,  and  due  regard  shall  be  had  to  the  social  and 
religious  usages  of  the  owner  or  occupiers; 

(b)  cause  any  building  proposed  to  be  structurally  repaired  or 
reconstructed  or  demolished  to  be  vacated if  so  considered  necessary, 
within a specified  period,  and  take or cause  to  be taken such  steps and use 
or  cause  to  be  used  such  force  as  may  be  reasonably  necessary  therefor. 
Where  any  such building  or part thereof is  caused to  be vacated,  the Board 
shall  allot  to  the  occupiers  who  are  dishoused  or  required  to  vacate  their 
premises  temporary  accommodation  in  any  building  maintained  by  the 
Authority at such place  and  to  such extent  as it deems  fit;  and  the  relevant 
provisions  of this  Chapter  shall  mutatis  inutandis apply  to  such  occupiers. 
78.  Any  person  who  obstructs  the  entry  of  a  person  authorised  under 
section  77  to  enter  upon  any  building  or  land  or  in  the  performance  or 
execution by  such person  of his  duty,  or of any  work  which  he  is  authorised 
or required to  do,  or molests  such person in any  way after such  entry, or  fails 
to  vacate  any  building  or  to  remove  therefrom  any  belongings  within  the 
period  specified  in  that  behalf shall,  on  conviction,  be  punished  with 
imprisonment for  a term  which may extend to  three months,  or with fine which 
may  extend  to  five  hundred  rupees,  or  with  both. 

79. 

(1)  The Authority  may,  on  such terms  and conditions  as  it may think 
fit  to  impose,  entrust to  the  Board  the framing  and  execution  of schemes  for 
building  repairs  or  for  reconstruction  of  buildings  or  for  housing  and 
rehabilitation  of,  dishoused  occupiers,  whether  provided  by  this  Act  or  not, 
and  the  Board  shall thereupon  undertake  the framing  and  execution of such 
schemes as  if it  had  been  provided  for  by  this  Act. 

(2)  The  Board  may,  on  such  terms  and conditions  as  may  be  agreed  upon, 

and  with  the  previous  approval  of the  Authority- 

(a)  hand  over  the  execution  under  its  own  supervision  of any,  building 
repairs  scheme,  building  reconstruction  scheme,  or  dishoused  occuppier's 
housing  scheme  to  a  Municipal  Corporation  or  to  a  co-operative  society  or 
to  any other  agency recognised  for the  purpose by  the Board,  as it  may deem 
necessary,  and 

Special 
powers of 
Board. 

Penalty for 
contravening 
section 77. 

Power of 
Board  to 
undertake 
building 
repairs, 
building 
recon struc- 
tion and 
occupiers 
housingand 
rehabilitation 
schemes. 

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1977 : Mah. XXVffl1 

Mali. XV 
of 1971. 

33 

Maharashtra Housing and Area 
Deveiopnient Act, 1976 
(b)  transfer  by  sale,  exchange  or  otherwise  in  any  manner  whatsoever 
any  new  building  constructed on any land  acquired  under this  Chapter  to 
any co-operative society,  if it is formed by  all  the occupiers,  or to apartment 
owners  for  the  purposes  of  the  Maharashtra  Apartment  Ownership  Act, 
1970  (the  apartment  owners  being  all  such  occupiers). 
80. 

(1 )  Notwithstanding anything  contained in any law  for  the time  being  Where any 
in  force,  but subject to  the  provisions  of sub-section  (2), where  any structural  building is 
repairs of a building or  a part thereof are carried  out by  the Board  under  the 
provisions  of this Act  the  building  material,  debris  and  other  things  of the 
old building (which are  replaced by the Board by the  like material or different  wlìiciì is 
material) shall, on  such replacement,  be  deemed to  have become the property  replaced to 
of the  Authority in  exchange  for  the  new material  so  provided  by  the Board;  become 
and  it  shall  be  lawful  for  the  Board  to  remove  or  cause  to  be  removed  such 
old building material, debris  and other  things and  to  sell or  otherwise dispose  exchange for 
of that material,  debris  and  things,  in  such  manner as  it  deems  fit. 
ncw material 

old 

(2)  As  soon  as  possible  after  such  repairs  are  carried out,  the  Board  shall 

give  notice  to  the  owner that  the material,  debris  and  things aforesaid  have  compensa- 
value  of  the  said  material,  debris  and  things  was  more  than  the  amount  of  5e 
become  the  property  of the  Authority  and  that  if the  owner claims  that the  t10  in 
the  expenditure  incurred by  the  Board  on  such  repairs,  he  may submit  his  cases. 
claim  for  compensation  with  the  necessary particulars to  the Board, within 
thirty  days  from  the date  of receipt of such  notice.  Where  any  such  claim  is 
made,  the Board  shall,  after holding  such  enquiry  as it deems  fit and  giving 
a  reasonable  opportunity to  the  owner  of  being heard decide the claim,  and 
may  either reject  the claim  or  accept  it.  Where  the  Board  accepts  the  claim, 
the Board shall make an order for  payment to  the owner as  compensation an 
aznou.nt  equal  to  the  difference  between  the  value  of the  building  material, 
debris and other things of the old buildings as estimated by it and  the amount 
of the  expenditure  incurred by  the  Board  on  the  structural repairs  referred 
to  in sub-section  (1). 

81.  The  State  Government  or  the  'IMunicipal  Corporation  of  Greater  Use of 
Mumbai]  (hereinafter referred  to  as  '[«the  Mumbai  Corporation"]  may  assign  property 
or  entrust  to  the  Board  on  behalf of the  Authority  any property,  whether  enbthdb 
moveable or immoveable, for use by the Board for the purposes ofthis Chapter,  Govenìmen 
on  such  terms  and  conditions  as  may  be  agreed  upon  by  the Authority.  It  Municipal 
shall be  the  duty  of the Board  to  use  such  property for  the purpose  for which  Corporation. 
it  is  assigned  or  entrusted. 

2[Murnbai Building Repairs and Reconstruction CessI. 

82.  (1)  For  the  purpose  of  this  Chapter  but  subject  to  the  provisions  of  Levy and 
section 83,  there shall be  levied  and paid  to  the State  Government,  from  such  collection of 
date  as  may  be  appointed  by  the  State  Government  by  notification  in  the 
Official Gazette,  a  tax  on  lands  and buildings  called  2[the  Mumbai  Building 
Repairs  and  Reconstruction Cess]  (in  this  Chapter referred  to  as  "the  cess",)  Reconstruc- 
at  the  rate  of  so  many  percentum  of the  rateable  value  of  the  concerned  tion Cessi. 
building  or  land  or  part  thereof as  is  provided  therefor  under  the  Second 
Schedule  to  this  Act. 

4* 

* 

: 

* 

(2)  Subject to  the  provisions  of  this  Chapter,  the  cess  shall  be  collected  by 
'[the  Mumbai  Corporationi  in  the  same  manner  in  which  the  property  tax  is 
Born.  1H  collected  under  5[the Mumbai  Municipal  Corporation  Act] (hereinafter  in 
of  1885.  this Chapter  referred  to  as " the  Corporation  Act"). 

I  These words were substiLuted for the original by Mah. 25 of 1996, s.  2 and Scii. 

para. (3) 

2 

'fl 

heading was substituted by Mali. 25 of 1996, s.  2 and Sch, para.  (3). 
3  These words were substituted by Mali. 25 of 199G, s.  2 and Sch.,  para. (3). 
4  The proviso was deleted with effect fromist October 1980 by Mali.  21 of 1980, s.  2 
s  These words vere substituted for the words Ltl1e  Bombay Municipal Corporation Act" by Mah. 

25 of 1996, s. 2, Sch. 

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34 

Maharashtra Housing and Area 

Deuelopment 

Acts  1976 

[1977 :  Mali. XXVIII 

(3)  The Municipal Commissioner  shall recover the amount of the cess levied 
under  sub-section  (1)  by  an  addition to  the  general  tax  levied  and  collected 
under  the  Corporation  Act.  Every  addition  to  the  general  tax  made  under  Born. III 
this  section  shall  be  recovered  by  the  Municipal  Commissioner  from  each  of 1888. 
person  liable  therefor  in the  same manner as  the  general  tax  due  from  him. 
The Municipal  Commissioner  may,  in respect ofthe cess due, prepare separate 
bill  for  such  period  or  periods  and  in  such  form  or  forms  and  serve  them  in 
such manner as he may determine.  Where  the cess  is  primarily leviable  from 
the owner, the instalment ofthe cess due for any halfyear shall be recoverable 
from  him  in  arrears with  the  instalment  of the  general  tax  due  for  the  next 
half year, and where such owner is not able  to recover any amount of increase 
in  the  rent  from  any  occupier  as  permitted  under  sub-section  (4)  of this 
section, he shall, subject to the provisions ofsub-sections (5) and (6), be entitled 
to  withhold  payment  of that  amount  till  it  is  recovered  from  the  occupier. 
The  provisions  of sections  147  and  148  of the  Corporation  Act,  shall  apply to 
the  cess,  as  if it  were  part  of the  general  tax  levied  under  that  Act. 

(4)  Where  an  owner is  required  to  pay  to  '[the  Mumbai  Corporation]  in 
respect  of any  land  or  building  the  cess  levied  under  this  section,  the  share 
ofthe owner shall be  10  per cent.  ofthe rateable value ofthe land or building, 
and  he  shall  be  entitled  to  recover  the  remaining  amount  of the  cess  levied 
by making a proportionate  increase in the  rent of the various premises  in the 
building,  in  the  sanie manner as  if there was  an increase  in the  general tax; 
and such increase in rent shall not be deemed  to be an increase for the purposes 
of section  7  of the Rent Act,  or for  the  purposes of the Corporation Act.  Where 
the  rent of any  premises  in  a  building  is  payable by  the  month,  if such  rent 
or  increases  are  in  arrears  for  a  period  of six  months  or  more,  the  owner 
shall be  entitled  to  the  recovery  of possession  of  the  premises under section 
12  of the  Rent  Act. 

(5)  If  the  owner- 

(a) fails  to  pay  to  '[the  Mumbai Corporation]  his share  of the cess;  or  (b) 
fails  to  pay to  '[the Mumbai  Corporation]  any  portion of the  cess  as  is  due 
from  any  occupier  as  provided  in  sub-section  (4),  after  having  recovered 
the  same  from  the  occupier;  or 

(c)  does  not  within  a  reasonable  time  institute  a  suit,  for  recovery  of 
possession  of  the  premises;  or  report  to  the  Municipal  Commissioner  the 
name of the occupier,  the  premises in his possession and  the  amount of the 
cess  due  from  him,  as  and  when  any  occupier is  in  arrears  for  payment  of 
the portion of  the  cess  due  from  him  for  a  period  of  six  months  or  more, 
the  Municipal  Commissioner  shall  be  entitled  to  recover  from  the  owner 
the  owner's or  occupier's share  of the  cess,  or both,  as  the case  may be,  in 
the same manner  in which  the arrears of Property  tax  are recovered  under 
the  provisions  of the Corporation Act,  2[and  shall also  be entitled to  impose 
a penalty as provided in section 207A  of the Corporation Act, not exceeding 
fifteen  percentuin  of  the  amount  of cess  due  from  the  owner  or  occupier.] 
Explanation.-For the  purposes  of  this  sub-section,  "reasonable  time" 
means a period of three months from the date when  any occupier is in arrears 
for  a  period  of  six  months  in  payment  of  the  portion  of the  cess  payable  by 
him  to  the  owner  under  sub-section  (4). 

L  These words were  substituted by Mah. 25  of 1996, s.  2,  8th.,  para (3). 
T  This portion was inserted by Mah  12 of 1989 s.  6. 

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35 

1977 :  Mah. xx:,rrnJ 

Ma/icircis/itra  Housing and Area 
Development Act,  1976 
(6)  On  receipt  of a  report  from  the  owner  under  the  last  preceding  sub- 
section or otherwise,  when any  occupier  is  in arrear in  payment of the portion 
of the cess  due  from  him,  the  Municipal  Commissioner may  recover from  the 
occupier the  due  amount (whether  it lias  remained due  for  less  than  one  year 
or  more)  as  if it  were  an  arrear  of  tax  due  under the  Corporation  Act. 

(7)  Where  the  Municipal  Commissioner  has  under  section  175  of  the 
Corporation  Act  refunded  two-thirds  of the  amount  of general  tax  paid  in 
respect  of  any  property  or  part  thereof for  any  period,  the  Municipal 
Commissioner  shall,  under  intimation  to  the  Board,  also  refund  two-thirds 
of  the  amount  of cess  if  paid  in  respect  of that  property  or  part  thereof for 
the  same  period  and  if  the  cess  is  not  paid,  reduce  the  demand  for  cess  to 
one-third  of  the  amount  of cess  payable  for  that  period. 

(8)  Notwithstanding  anything  contained  in  any  law  and  notwithstanding 
any rights  arising  out  of any  contract  or  otherwise  howsoever,  any  sum  due 
as  cess  in  respect  of any  land  or  building shall,  subject  to  prior  payment  of 
the  land  revenue  and  the  education  cess  and  penalty  levied  under  the 
Mah. Maharashtra Education  and Employment Guarantee (Cess) Act,  1962 (if any) 
1962.  thereon,  due  to  the  State  Government,  be  a  fir8t  charge,- 

(a)  in  the  case  of any  land  or  building  held  immediately  from  the 
Government  upon  the  interest in such land  or building of the  person  liable 
to  pay the  cess,  and  upon the  goods  and  other moveable  property,  if  any, 
found  within  or  upon  such  land  or  building and  belonging  to  such  person; 
and 

!xemption  of 
certain 
buildings and 
lands from 
payment of 

(b)  in the  case of any  other land or  building,  upon such land  or building, 
and  upon  the  goods  and  other  moveable  property,  if  any  found within or 
upon  such  land  or  building and  belonging  to  the  person liable  to pay the 
cess. 
83.  (1) The following  lands and  buildings  shall  be  exempt  from  payment of 

the  cess,  that  is  to  say,- 

(a)  lands  and buildings vesting in,  or leased  to,  the Central Government; 
(b)  lands  and  buildings  vesting  in,  or  leased  to,  the  State  Government 
or requisitioned by the State Government,  but not those lands and buildings 
where  the  land  vesting  in  or  leased  to  the  State  Government  is  given  on 
lease  and  the  building  erected  there  on  belongs  to  any  other person,  and 
also  not  those  lands  and  buildings  where  the  land  and  building  thereon 
vesting  in  or  leased  to  the  State  Government  are  given  on  lease  to  any 
other  person; 

(C) lands and buildings vesting in, or leased to,  '(the Mumbai Corporationi, 
but not those properties where the land vesting in or leased to  '[the Mumbai 
Corporationj  is  given on  lease  and  the  building erected  thereon  belongs  to 
any other person  and also  not  those properties where  the land  and building 
thereon  vesting  in  or  leased  to  1[the  Mumbai  Corporation]  are  given  on 
lease  to  any  other  person; 

(d)  lands  and  buildings  vesting  in,  or  leased  to,  the  Authority; 
(e)  lands and buildings  vesting in,  or leased  to,  the Trustees of the  Port 
of 'Bombay,  and  not  used  or  intended  to  be  used  for  the  purpose of profit; 
(t)  lands  and  buildings vesting  in,  or  leased  to,  a  public  trust registered 
under the  Bombay  Public  Trusts Act,  1950,  and,  exclusively  occupied  for 
public  worship  or  for  education  purposes; 

I  These words were substituted by Mali. 25 of 1996. s.  2,  Sch.,  para (3). 
+  The Name of City  Mumbai" has been restarod for the name «Bombay" by Mab. 25 of 1996, 

5.  2, Sch.  para  (3). 

L  ShorL title of this Act has been amended as  the Maharashtra Public Trusts Act " by Mah. 24 

of2012, s.  2, Seh,  Entry  43 w.o.f.  1-5-1960. 

Sam. 

LL15 

H-187-(5) 

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36 

Maliaras/itra  Housing and Area 
Development Act,  1976 

[1977 :  Mah, XXVIII 

(g)  lands  and  buildings  vesting  in  or  leased  Lo,  a  co-operative  housing 

society 

Provided  that,  any  of  these  buildings  shall  be  entitled  to  this  exemption 
only  if  more  than  one-half  of  the  total  number  of tenements  therein  are 
occupied  by  members  of that  society; 

(h) such  lands  and  buildings  of  any  Diplomatic  or  Consular  Mission  of  a 
foreign  State  as  are,  by  general  or  special  orders,  specified  by  Government 
under  clause  (c)  of sub-section  (1)  of  section  143  of  the  Corporation  Act; 

(i)  buildings  exclusively  in  the  occupation  of the  owner; 
(j)  buildings  exclusively  used  for  non-residential  purposes; 
(k)  residential  buildings  exclusively  occupied  on  leave  and  licence  basis; 
(1)  buildings occupied or used partly  foi- one  and partly for  any other purpose 

or  purposes  specified  in  clause  (i),  (j)  or  (k) 

Provided  that no  part  or  parts  thereof is  or  are  occupied  or  used  for  any 

purpose  not  specified  in  any  of the said  clauses; 
(In)  all  open lands  which  are  not  built  upon; 
(n)  buildings erected  or which  may be  erected in  an area, after  the date on  Mali. 

which  the  Bombay  Buildings  Repairs  and  Reconstruction  Board  Act,  1969, 
caine  into  force  in  such  area; 

(o)  any  lands and  buildings exempted  from the  payment  of the  cess before 
the  appointed day  under clause  (ni)  of sub-section  (1)  of section  28  of the  Act 
referred  to  in  clause  (n); 

t[(p) building  which  is  subjected  to  repairs  amounting  to reconstruction  as 

certified  by  Municipal  COrporation.] 
* 
* 

2* 

* 

* 

* 

* 

Explanation.-In this  section  'building'  means  building as  a  whole,  and 

not  any  part  thereof or  premises  therein  taken  separately. 

84. 

maintained 

Assessment 

(.1)  For  the  purpose  of  assessing  the  amount  of cess  leviable  under 
this  Chapter,  the  Municipal  Commissioner  shall,  in  a Schedule  appended  to 
under  the assessment book maintained  by  him  under section  156  of the Corporation 
Corporation  Act  (which  shall  be  deemed  to  be  a  part  of  such  assessment  book)  cause 
entries  additional entries  to  be  made  showing  the Category  to  which  every  property 
showing  on  which  the  cess is  leviable  belongs  and  such  other particulars  as he  deems 

. 

. 

. 

. 

Act to contain 

categories to 

which  necessary. 

Iiab'  Where  a  building  is  erected  before  the  ist  day  of  September  1940,  the 
belong and  building  shall  be  classified  as  belonging  to  Category  A. 
particulars.  Where  a  building  is  erected  between  the  period  from  the  ist  day  of 
September  1940  to  31st  day  of December  1950  (both inclusive),  the building 
shall  be  classified  as  belonging  to  Category  B. 

other 

Where  a building  comprised in  any  property  is  erected  between  the  period 

from the  ist day ofJanuary,  1951, to  the day  immediately preceding the  date  Mah. 
on  which  the  provisions  of the Bombay  Building  Repairs  and Reconstruction 
Board  Act,  1969  are brought  into  force  in  the  area  in  which  the  building  is 
situated,  the  building  shall  be  classified  as  belonging  to  Category  C. 

of 

I  Clau5e (p) was added by Mali. 16  of 1998, s.  2 (4) 

: 

Sub-sectiozi (2) was deletod by Mali.  16 of 1998, s.  2 (b). 

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1977 : Mah. XXVIII] 

M«harczshtra Housing and Area 
Development Act,  1976 
Where  a  floor  or  any  part  of a  building  is  constructed  subsequently,  the 
date  of construction,  area  and other description  of such  floor or  part shall be 
shown  separately. 

37 

(2)  Where  additional  entries  regarding  any  land  or  building  in  existence 
in any  area  on the  date  on  which  this  Chapter  comes  into  force  are made for 
the  first time,  the Municipal  Commissioner shall give individual notice thereof 
to  the  person  primarily  liable  for  the  payment  of the  property  taxes  in  the 
manner  laid down in  sections  483 to  485-A (both inclusive) of the Corjoration 
Act  and  also  public  notice  thereof in  the  manner  laici  down  in  section  160  of 
that  Act  and  of the  place  where  the  ward  assessment book  so  amended,  or 
a  copy  of it,  may  be  inspected.  When  the  first  public  notice  is  given,  and 
whenever any  such notice  is  given  subsequently  under  the  said section  160, 
the provisions ofsections  161,  162,  163,  164  and 165  as modified for the purpose 
of this  Chapter  by sub-section  (3)  of this  section,  and  of sections  166  and  167 
ofthe Corporation Act shall,  so far as may be,  apply to such  additional entries 
as  they  apply  to  the  entry  showing the  amount  of rateable value  and  other 
entries  relating to  any  property  entered  in  the  assessment  book,  of  which 
notice  is  given  by  the  Municipal  Commissioner. 

(3)  In  applying  the  provisions  of  sub-section  (1)  of  section  165  of the 
Corporation  Act,  for  the  purposes  of  sub-section  (2)  of this  section,  for  the 
words  the  Commissioner'  the  words  and  figures  "  the  Commissioner in 
consultation  with  an  Engineer  of  the  Corporation  and  an  Engineer  of the 
Authority established under the Maharashtra Housing and Area Development 

MaIL  Act,  1976  ",  shall be  deemed  to  be  substituted. 

XXVII! 
of 1977. 

1(85.  Within  a  period  of fifteen  days from the  date of recovery of the cess,  Mumbai 
to  credit ss 
the  amount  so  recovered  shall,  after  deducting  therefrom  the  amount  equal  Co1Poration 
to  five  per cent.  of the  amount of cess recovered by  it,  be paid  by  the Mumbai  amount to 
Government 
Corporation  to  the  State  Government.] 

. 

. 

. 

86.  (i)  The  proceeds  of  the  cess  collected  and  paid  to  the  State  2(Mumbai 
Government by  the 3[Mumbai  Corporationi  in  pursuance  of the  provisions  of  Building 
Repurs  and 
the  last  preceding  section  shall  first  be  credited  to  the  Consohdated Fund 
of  the  State;  and,  after  deducting  the  rebate  payable  to  the  4[Mumbai  construction 
Corporation]  for  the  cost  of collection,  the  remaining  amount  shall,  under  FUfldl. 
appropriation  duly  made  by  law  in  this  behalf,  be  transferred  to  the  fund  of 
the  Authority.  There  shall,  however,  be  created  a  separate  fund  called  5[the 
Mumbai Building  Repairs  and Reconstruction Fund]  (in this  Chapter referred 
to  as  "  the  Repairs Fund  ")  and  the  amount  so  transferred to  the  fund of the 
Authority  shall  be  withdrawn  therefrom  and  transferred  to  such  Repairs 
Fund. 

. 

(2)  The  amount transferred  to the Repairs Fund  under sub-section (1) shall 

be  charged  on  the  Consolidated  Fund  of the  State. 

(3)  The  amount  in  the  Repairs  Fund  shall  be  placed  by  the  Authority  at 
the disposal of the Board for being expended  for  the purposes of this  Chapter. 
The State Government may make rules regulating  all matters connected  with 
the  Repairs  Fund,  including  the  manner  in  which  that  Fund  shall  be 
maintained,  operated  and  expended. 
I  Section  85  was substituted  by  Mah.  16  of 1998,  s.  3. 

These  words  were  substituted  for  the  original  by Mah.  25  of 199G,  s.  2,  Sch. 
ç  These words were substituted for the Original by Mah. 25 of 1996, s.  2,  5th. 
t  These  words  were substituted  for  the Original  by  Mah.  25  of 199G.  s.  2,  Seh. 

These  words were  substituted for  the  words "the  Bombay  Building Repairs and  Rcconstntc. 
lion  Fund  by  MaIL  25  of 1996,  s.  2,  Seh. 

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38 

Mahiìrashtra Housing and Area 
Development Act,  1976 

[1977 :  Mah. XXVIII 

87. 

Default of 

(1)  If the  2[Mumbai  Corporation]  makes  default  in  the  collection  or 
Corporation]  payment to  the  State  Government of any sums  due  in  respect  of the cess,  the 
in  collecting or  State Government may,  after holding such  inquiry as  it thinks fit,  fix  a period 
paying  ces5.  of  the  collection  or  payment  of such  sum. 

(2)  If the collection  or  payment  of the  sum  is  not  made within  the period 
so  fixed,  the  State Government  may, notwithstanding  anything  contained in 
any  law  relating  to  the  funds  vesting  in  the  '[Mumbai  Corporation]  or  any 
other  law  for  the  time  being  in  force,  direct  any  bank  in which  any  moneys 
of  the  ' [Mumbai  Corporation]  are  deposited  or  the  person  in  charge  of the 
Government Treasury  or  of any  other place  of security in  which  the  moneys 
of the  '  [Mumbai  Corporationi  are  deposited  to  pay  such  sum  from  such 
moneys  as  may  be  standing  to  the  credit  of  the  '[Mumbai  Corporation]  in 
such  bank or,  as  the case may  be, in  the hands ofsuch  person  or as may from 
time  to  tizne  be  received  from  or  on  behalf of  the  '[Muxnbai  Corporation]  by 
way  of  deposit  by  such  bank  or  person;  and  such  bank  or  person  shall  be 
bound  to  obey  such  order. 

(3)  Every  payment  made pursuant  to  an order  under  sub-section (2)  shall 
be  a  sufficient  discharge  to  such  bank  or  person  from  all  liability  to  the 
'IMumbai  Corporation]  in  respect of any  sums so  paid  by  it or  him  out  of the 
moneys  of the  '[Mumbai  Corporationi so  deposited with such  bank or person. 
Structural  Repairs 

11e1; 

88. 

Board  th 

(1) Subject  to  the  other  provisions  of this  Chapter,  where  the  Board 
On  consideration  of  the  information  given  by  the  Municipal  Commîssioner, 
or  a  report  or  its  officer  authorised  for  the  purpose,  or  other  information 
wh':: its  possession,  is  statisfied  that  any  building,  which  is  occupied  by  persons, 
S  in  such  a  ruinous  or  dangerous  condition,  that it  is  imminently  likely  to 
conditionand  fall  unless  structural repairs which  will  render  it fit  and  safe  for  habitation, 
deterioitte  are urgently done, then in such cases, the Board shall, subject to the provisions 

ruinous 

and falL  of sub-section  (3),  undertake  such  repairs  to  that building. 

(2)  The  Board  may  prepare  a  list  of such  buildings  setting  out  the  order 
of  priority  or  urgency  in  respect  of which  structural  repairs  are  necessary, 
and may undertake simultaneously  or in  such order of priority the structural 
repairs  according  to  the  exigencies  of the  case  and  its  resources. 

)Ic(3)  Jf the  Board  is  of opinion  that- 
(a)  the  cost  of structural  repairs to  2[a  building  per  square  metre,  will 
exceed  such  amount,  as  may  be  specified  by  the  State  Government,  by 
notification  in the Official Gazette,  to be  the structural repairs  cost per square 
metre]  or 

'  These  words were  substituthd  for the  original by  Mali.  25  of 1996,  s.  2,  Sch.,  para (3). 

These  words were  substituted for the words and brackets ua  building will exceedlone thousand 
and two  hundred)  rupees per  square  metre",  by Mah.  3 1  of 2008,  s.2  (a). 

*  Section 6 ofMah. 21  of 1980  reads  as under:- 

Adjustrient  of  6.  (7)  J.fon  the date ofconunencement ofthis Act. the Board  has already  undertaken  structural 
repairs  to any  building, or is  likely  to  undertake  such repairs to  any building before  the 
ist  October  1980,  the occupiers  may  by  application  in  writing  intimate  their option  on 
or before  the  31st March  1981  whether  such  repairs  should  be  carrid out  at the  cost  of 
the Board not  exceeding two hundred  rupees per  square  metre, instead  ofnot exceeding 
one  hundred and  twenty  rupees  per  square  metre. 

payments 
made by 
occupîers  for 
excess  cost 
before  ist 
October 1980. 

(2)  On  receipt ofsuch  intimation,  the  Board  shall  re-calculate  the  excess  cost,  ifany,  to  be 
paid  to  the  Board  by  the occupiers.  If the  amount already paid  by  the  occupiers  is  more 
than  the excess cost thus re-calculated, surplus amount with the  Board shall be  refunded 
to  the  occupiers  but.  tite  occupiers  shall  be  liable  from  the  ist October  1980 to  revised 
rate  of cesa  applicable when the  Board  contributes  towards the  cost of the  repairs at the 
rate exceeding one  hundred and twenty rupees  but. not exceeding two  hundred rupees per 
square  metTe.r. 

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1977 :  Mah. XXVIII] 

Mctharashtra  Housing and Arca 
Development Act,  1976 
(b)  the  cost  of  structural  repairs  to  '(a  building,  per  square  metre,  will 
exceed  the  amount  specified  under  clause  (a)1  but  the  size  of  the  land  on 
which  such  building  is  standing  is such  that  for  some  reason  or  the  other  it 
would  not  be  possible  or  economical  to  erect  any  new  building  thereon  and 
there  is  an  adjoining  building  but  the  cost  of structural  repairs  to  2lsuch 
building, per square metre, does not exceed the amount specified under clause 
(a)J 

39 

then  in  cases  falling  under  clause  (a)  or  clause  (b)  the  Board, 
notwithstanding  anything contained  in  this  Chapter,  may  not  consider  such 
building  or  buildings  for  repairs  and  may  issue  a  certificate to  the  effect  to 
the owner or owners  thereof, as  the  case may be,  affix a  copy of the  relevant 
certificate  in  some  conspicuous  part  of the  building  or  buildings  for  the 
information  of  the  occupiers  and  proceed  to  take  action  as  provided  in  this 
Chapter 

Provided  that,  in  cases of special  hardship,  the  Board  may,  on  such  terms 
and conditions  as it may deem  fit  to impose,  consider  a  building for structural 
repairs even  if the cost  of such repairs is  likely  to exceed  the  limit aforesaid: 
Provided  further  that,  where  in  any  case  the  occupiers  of  a  building 
undertake  that they  shall  bear  the  cost  of such  repairs  which  are  in  excess 
of 3[the  amount  specified  under  clause  (a)]  and  abide  by  such  terms  and 
conditions for  payment  of the  excess cost  to  the  Board  as  it may  think fit  to 
impose,  the  Board  may  carry  out  structural  repairs  to  such  building. 

(4) The Municipal Commissioner shall,  from time to time, send to  the Board, 
ruinous or dangerous condition 
and  the  condition  of which  is  such  that they  are  likely  to  fall  if structural 
repairs  are  not  urgently  undertaken  or  in  respect  of which  he  has  served 
notice  under section 354  of the  Corporation Act,  but  the same have  not been 
complied  with. 

in 

89. 

(1)  Where  the  Board  is  satisfied  under  section  88  that  structural 
repairs  are  necessary to  a  building,  the  Board  shall  give  the  owner  thereof 
a  notice  of not  less  than  fifteen  days,  informing  that the  Board  intends  to 
carry out such  repairs on and  from  a date  specified in the  notice, being a date 
which shall be  after the expily of the period specified in the  notice, and asking 
him  to  submit  objections  or  suggestions,  if  any,  thereto  before  the  time 
specified  in  the  notice. 

(2)  The  notice  shall  also  require  the  owner  to  furnish  to  the  Board  a 
statement  in  writing  signed  by  the  owner  stating  therein  the  names  of all 
occupiers  of the  building  known  to  him  from  his  record,  the  approximate 
area  and  location  of  the  premises  in  occupation  of  each  occupier  and  the 
rent,  compensation  or amount (including permitted increases, if any),  charged 
therefor. 

Procedure 
before 
undertaking 
structural 
repairs. 

(3)  A  copy  of  such  notice  shall  also  be  affixed  in  conspicuous  part  of  the 
building to which  it relates  and  also  published  by proclamation  or  near  such 
building  accompanied  by  a  beat  of drum  for  the  information  of the  occupier 
thereof and  for  giving  them  an  opportunity  to  submit  objections  or 
suggestions,  if  any. 
____ 
I  These words  vcre substituted for the words and brackets  a building will  exceedEone thousand 

and two  hundred  rupees) per square  metre" by  Mah.  31  of 2008.  s.2  (b)  (i). 

2  These words  vere substituted for the  words and brackets "such  building does not exceedEone 
thousand and  two  hundred  rupeesj  per  square  inette" by  MaIL  31  of 2008,  s.2  (b)  (u). 
3  These words were substituted for the  words done  thousand and  two hundred rupees per square 

meere" by Mah.  3 1  of 

2008f  s.2(c). 

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40 

Maharashtra Housing and Area 
Development Act,  ¡976 

[1977 : Mah. XXVIII 

(4)  On  such  affixation  and  publication  of  the  notice,  the  owner,  occupiers 
and  all  other  persons  interested  in  such  building  shall  be  deemed  to  have 
been  duly  informed  of the  matters  and  contents  stated  in  the  notice. 

(5)  After  considering  the  objections  and  suggestions  received  within  the 
time  aforesaid,  the  Board  may  decide  to  carry  the  repairs  with  or  without 
modification  or  may  postpone  the repairs  for  a  certain  period,  or  may cancel 
the  intention  to  repair. 

(6)  Where the  Board has reason to believe  that the building is immediately 
dangerous  for  habitation, the  notice may  be returnable  within  24  hours  from 
the  service  thereof. 

(7)  The  Board  may,  before  giving any  such  notice  or  before  the  period  of 
any  such  notice  has  expired,  take  such  temporary  measures  as  it  thinks  fit 
to  prevent  danger  to,  or  from,  the  said buildings. 

(8)  Any owner who refuses to furnish a statement as required by sub-section 
(1 )  or  intentionally  furnishes  a  statement  which  is  false  in  any  material 
particular  shall,  on  conviction,  be  punished  with  fine  which  may  extend  to 
one  thousand  rupees. 

s 

90.  (1)  Where  the  Board,  before  undertaking  structural  repairs  to  any 
Temporary 
accommoda-  building  is  of the  opinion  that  all  or  any  of the  occupiers  thereof should 
t1or;Pennj  temporarily  vacate  their  premises  till the  repairs  are  completed,  the  board 
';aic:.  shall give them  notice  to vacate by a date or date.  specified  in the notice, and 
allot temporary  accommodation to  such  occupiers in any buildings maintained 
by  the  Authority  for  such  purpose,  at  such  places  and  to  such  extent  as  it 
deems fit. 

(2)  Such  temporary  accommodation  may  not be  in  the  same  locality  or  of 

the  same  floor  area  as  the  premises vacated  by  the  occupiers. 

(3)  If any occupier fails  to  accept  and  occupy the  accommodation  allotted  to 
him  within  one  month  from  the  date  of  allotment,  the  responsibility  of the 
Board  to  provide him  with  any  accommodation  shall  cease. 

(4)  Subject  to  the  next  succeeding  sub-section,  such  occupier  shall, 
however,  have  a  right  to  reoccupy  his  premises  in  the  building  after  it  is 
repaired. 

(5)  The use and occupation  of the  temporary  accommodation allotted  to 
an  occupier shall be  free  of charge,  but shall be  subject  to  1[the  payment  of 
such service chargesi  and  such other terms and  conditions as  the Board may 
from  time  to  time  determine. 

(6)  The  occupire  shall,  on  accepting  the  accommodation  allotted  to  him, 
continue  to  pay  the  owner  the  rent  (including  permitted  increase,  if any)  in 
respect  of  the  premises  vacated  by  the  occupier. 

(7)  Where  an  occupier  does not  accept  the  accommodation  allotted  by  the 
Board,  such occupier shall,  nevertheless  be liable to continue to pay the  owner 
the  rent (including  permitted  increase,  if any),  of the  premises  vacated  by 
him,  unless  by giving  proper  notice  to  the  owner,  he  surrenders  his tenancy 
or  other  right. 

(8) The  occupier,  whether he accepts  the  accommodation or  makes his own 
arrangement,  shall  also  be liable,  until his  tenancy  continues,  to  pay  to  the 
owner his proportionate contribution for  the cess  as if he  had not  temporarily 
vacated  the  premises and  shall  be liable  for  all  the  consequences  if he  fails 
so  to  pay. 

(9)  Where  an  occupier does  not  vacate  his  premises,  the  Board  may  take 
or cause  to be  taken such steps  and  use or cause  to be  used such force  as may 
be  reasonably  necessary  for  the  purpose  of getting  the  premises  vacated. 
(10)  The  Board  may, after giving fifteen  clear clays'  notice  to the occupiers 
who were  required  to  vacate  the  premises  under  sub-section (9)  and  affixing 
a  copy  thereof  on  or  near  the  premises,  in  some  conspicuous  place,  remove 
or cause  to  be removed  or dispose of by public  auction any  property  remaining 
in  such  premises. 

I  These words shall and shall be deemed to have been inserted with effect from the ist day of 

April  1985 by Mali. 12 of 1989, s.  8. 

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1977 :  Mah. XXVIII] 

Ma/iarashtra Housing and Area 

Development 

Act3  1976 

41 

(11)  Where  the  property  is  sold  under  sub-section  (10),  the  sale  proceeds 
shall,  after deducting  the expenses  of sale, be  paid  to  such  person  or  persons 
as  may  be  entitled  to  the  saine 

Provided  that,  where  the  Board  is  unable  to  decide  as  to  the  person  or 
persons  to  whom  the  balance  of  the  amount  is  payable  or  as  to  the 
apportionment  of  the  same,  it  shall  refer  such  dispute  to  a  civil  court  of 
competent jurisdiction,  and  the  decision  of the  court  shall  be  final. 

(12)  Where  the  work  of carrying  out  structural  repairs  to  any  building  is 
nearing  completion  or  is  completed,  the  Board  shall  give  notice  to  the 
occupiers  concerned  by  affixing  it  in  some  conspicuous  part  of  the  building 
and  by  sending  it  by  post  to  the  address  which  may  have  been  registered 
with  the  Board  by  any  occupier  and  iii  such  other  manner as  may  be  laid 
down  in  the  regulations,  that  the  building  is  likely  to  be  or  ready  for  re- 
occupation  from  a  date specified  in  the  notice  and  that  the  occupiers  should 
re-occupy  their  respective  premises  in  such  building  within  a  period  of one 
month  from  such  date. 

(13)  If an  occupier  fails  to  re-occupy  his  premises  within such  period  of 
one  month,  his  tenancy  or  other  right  in  respect  of such  premises  shall, 
notwithstanding  anything  contained in any contract  or  in  the  Rent Act  or 
any  other  law  for  the  time  being  in  force,  be  deemed  to  be  terminated,  and 
the  owner  shall be entitled  to  possession  thereof. 

(14)  If such occupier  has  accepted  any temporary  accommodation  allotted 
to  him  under this  section  he  shall  vacate the  same  forthwith,  and if he  does 
not  vacate fortwith  or within  such time  as  the  Board  may permit  in writing, 
he  shall  be  liable  to  be  evicted  therefrom  under  the  provisions  of Chapter VI 
of  this  Act  as  if such  person  was  in  an  unauthorised  occupation  of  the 
Authority  premises. 

91. 

(1)  Where  a  building  suddenly  collapses  or becomes  uninhabitable 
due  to  fire,  torrential  rain  or  tempest  or  otherwise  and  all  or  any  of the 
occupiers  thereof  are  dishoused,  the  Board  shall  allot  temporary 
accommodation  to such occupiers in any building maintained by the Authority 
for  such  purpose  at  such  places  and  to  such  extent as  it  deems  fit,  and  the 
provisions  of the  last preceding section shall  mutatis mutandis apply as  they 
apply  in  relation  to  occupiers  of  buildings  which  are  undertaken  to  be 
structurally  repaired. 

(2)  In  the case  of any such building, if the  Board is of the opinion that  the 
building  is  capable  of being  repaired  and  rendered  fit  for  habitation  at 
reasonable  expense,  the  Board  shall  immediately  undertake  the  necessary 
repairs  and  the  last  preceding  section  and  other  provisions  of this Chapter 
shall  apply  mutatis  mutandis  to  such  repairs  as  they  apply  to  structural 
repairs. 

(3)  Where  the  whole  building  collapses  or  is  rendered  uninhabitable,  or 
the  Board is  of the  opinion that the  building  is  not capable  of being  repaired 
and  rendered  fit  for  habitation  at  reasonable  expense,  the  Board  may  move 
the  State  Government  to  acquire  the  property  under  the  provisions  of  this 
Chapter  and  take  necessary  further  action  to  construct  a  new  building  on 
the  site  to  accommodate  the  dishoused  occupiers  and  to  provide 
accommodation  for  other  purposes  specified  in  sub-section  (2)  of section  92. 
(4)  The  provisions  of succeeding  section  shall  apply  inutatis mutandis to 
the  acquisition,  reconstruction  and  rehabilitation  of  occupiers  of such 
buildings. 

(5)  Where  the  whole  building  collapses  or  is  rendered  uninhabitable,  and 
is,  therefore,  not  capable  of being  repaired  and  rendered  fit  for  habitation, 
and  the  property  is  not  acquired  under sub-section  (3),  then,  no  plan  for 
creating any new building on land on which such building was standing shall 

Repairs or 
recongtruc- 
t;ion  of 
buildings 
which 
suddenly 
collapse or 
beconie 

uninhabitable. 

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42 

Malzarashtra [lousing and Area 
Development Act,  1976 

[1977 :  Mah. XXVIII 

Submission  of 

be  sanctioned  by  '[the  Mumbai  Corporation]  unless  a  no objection  certificate 
from  the  Board  has  been  produced  along  with  such  plan  for  erecting  such 
building. 
92. 

(1  )  If fri  respect  of  any  building  the  Board  has  issued  a  certificate 
proposal  for  under sub-section (3) of section  88,  or the  Municipal  Commissioner  has under 
acquisi  ion.  section  354  of  the Corporation  Act,  issued  a  written  notice  requiring the 
owner or occupier thereof to pull down the building, with a view  to preventing 
all  cause  of  danger  therefrom,  and  the  Board  is  of the  opinion  that  such 
building  is  not  capable  of being  repaired  or  rendered  fit  for  habitation  at 
reasonable  expense  and is dangerous  or  injurious  to  the  health  or  safety  of 
the inhabitants thereof or, where 2[the Mumbai Corporation] has under section 
354R  of the  Corporation  Act  passed a reso'ution  declaring  the  area in  which 
area7  the  Board  may submit  to 
any such  building is  situated as  the clearance 
the  State  Government  a  proposal  to  acquire  the  land,  including  a  proposal 
for  issue of a  clearance  and  compulsory acquisition order to  clear and  acquire 
the  land  with  the  existing  building  in  whatever  condition  thereon  and  for 
constructing a  new  building  on  the  same  site,  and  simultaneously prepare 
plans  and  estimates  for  these  purposes. 

(2)  In preparing  the plans and estimates ofthe building to be reconstructed, 
it  shall  be  the  duty of the Board  to  see  that  all  the  occupiers in  the  building 
proposed  to  be  demolished  shall,  as  far  as  practicable,  be  provided  in  the 
reconstructed  building  accommodation  with  a  floor  area  equivalent to  their 
floor  area  in  the old building : 

[ 

] 

4[Provided  that,  in  the  case  of  an  occupier  of a  residential  tenement  the 
floor  area  of the  accommodation  in  the  reconstructed building,  shall  not  be 
less  than  the  20.90  square metres  and  more  than  the  70  square metres.] 

(3)  Those  dishoused  occupiers  who cannot  be  so  accommodated  in  the 
reconstructed building  shall  be  provided  with  alternative  accommodation  in 
any  building  maintained  by  the  Authority  for  such  purpose  or  in  any  new 
building  constructed  by  the  Authority  wherein  surplus  accommodation  is 
available. 

(4)  After making provision for the matters  aforesaid, if there  is any surplus 
area  in  the  new  building,  it  may  be  utilised  by  the  Board  for  such  other 
purposes as it deems fit, with a view to reducing the incidence of 5[instalments 
towards  the price of the tenements]  on  the occupiers  of residential tenements 
by  maximum  exploitation  of such surplus area  for  other  purposes. 

(5) 

If in  respect  of any  building,- 

(a) the Municipal Commissioner has under section 354 ofthe Corporation 
Act already  issued a written notice  before  the date  on  which  the provisions 
of  this  Chapter  are  brought  into  force  in  the  area  in  which  such  building 
is  situate  requiring the  owner or  occupier  thereof to pull down  the building 
with  a  view  to  preventing  all  cause  of danger  therefrom,  and  such  notice 
has not  been  complied  with  (except  for  purposes  beyond his  control)  before 
the  date  aforesaid,  or 

(b)  the  Municipal  Commisioner  issues under  the  said  section  354  of the 
Corporation  Act  a  written  notice  within  nine  months  from  the  date  on 
which  the  provisions  of this  Chapter  are  brought  into  force  in  the  area  in 
which  such  building  is  situated  requiring  the  owner  or occupier  thereof to 
pull  down  the  building,  with  a  view  to  preventing  all  cause  of  danger 

I  These  words were  substituted for  the  original  by  Mah.  25  of 1996,  z.  2,  Sch., para  (3). 
!  These  words  were  substituted  for  the  original  by  Mah.  25  of 199G,  s.  2,  Sch., para  (3). 
3  The  portion  beginning  with  the  words  'but  in  no  case"  and  ending  with  the  words  "as  the 

Board  may  determinen  was  deleted by  Mali.  1G  of 1998,  s.  5(a). 

I  The  proviso  was  inserted,  by  Mali.  16  of 1998,  s.  5(b). 

These words were  substituted for the word  "rent", by  Mali.  12  of  1989,  s.  9(b). 

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1977 :  Mah. XXVIII] 

Maharas/itra  Housing and Area 
Development Act,  1976 
therefrom,  and  such notice  is not  complied with  (except for  reasons  beyond 
his  control)  before  the  date  specified  in  such  notice, 

43 

the Board  may,  notwithstanding  anything  contained  in  sub-section  (1), 
move  the  State  Government  to  acquire  the  property  under  this  Chapter 
immediately and  take necessary  further steps  for demolishing the building, 
clearing  the  site  and  constructing  a  new  buihling  on  the  same  site.  The 
provisions  of this  Chapter  shall apply  tnutatis mutandis to  the acquisition, 
reconstruction  and rehabilitation ofoccupiers ofsuch building as they apply 
to  any other building except  that the occupiers  of such  building shall as  far 
as  practicable,  be  accommodated in the reconstructed building or  any other 
building maintained by the Authority,  subject  to such terms and conditioxis 
as  the  Board  may,  with  the  previous  sanction  of the  Authority,  specifr. 

93. 

(1) Notwithstanding  anything contained  in the  Corporation Act,  if on  C1earnce and 

receipt  of an acquisition  proposal  under  section  92,  the State  Government is  COmPU!SOrY 
satisfied  about  the  reasonableness  of  the  proposal  and  of the  resources  acquisition. 
available with  the  Board  for  constructing a new  building,  it may  approve  the 
proposal  and  communicate  its  approval  to  the  Board. 

(2)  On  receipt  of the  Government  approval,  the  Board  shall  forward  the 
acquisition  proposal  to  the  Land  Acquisition  Officer  for  initiating  land 
acquisition  proceedings. 

(3)  On  receipt  of  the  acquisition  proposal  from  the  Board,  the  Land 
Acquisition  Officer  shall  publish  simultaneously  in  the  Official  Gazette,  and 
in  at  least  four  newspapers  circulating  within  1[Brihan  Mumbail  a  notice 
stating the fact ofsuch proposal  having been made by the Board and approved 
by the  Government  and alternative  accommodation  proposed to  be provided 
to  the  occupiers  affected  by  the  proposal  and  the  time  before  which  the 
building  must  be  vacated. 

(4)  The  Land  Acquisition  Officer  shall  serve  the  notice referred  to  in  sub- 
section  (3)  on  the  occupiers  and  owner  of the  building  and,  so  far  as  it  is 
reasonably  practicable  th  ascertain  such persons,  on  every  mortgagee  of  the 
building,  and  call  upon  them  to  submit  objections  and  suggestions,  if any, 
why  the land should  not be acquired,  so as  to reach  him on  or before  a  date 
specified  in  the  notice. 

(5)  On  considering  the  objections  and  suggestions  and  on  giving  a 
reasonable opportunity ofbeing  heard to  the persons affected by the proposal, 
the Land Acquisition  Officer may sanction  the  proposals with or without any 
modification  (the  modifications  being  approved  by  the  Board)  and  shall 
publish  a  notification  in  the  Official  Gezette fixing  a  date  on  which  the 
proposal  as  approved  shall become operative  and the  land  specified  therein, 
shall,  on  and from  the  date of such  publication, vest absolutely  in  the Board 
on  behalf of  the  Authority  free  from  all  encumbrances. 

(6)  The  notification  published  under sub-section  (5)  shall  be  sufficient 
authority  for  the  Collector  to  give  notice  to  the  person  in  possession  of the 
land  to  surrender  or  deliver  possession  thereof within  a  specified  period 
and on  his  refusal  or  failure  to  do  so  to  take  possession  of the  land and  for 
that  purpose  to  use  such  force  as  may  be  necessary,  and  to  hand  over 
possession thereof  to  the  Board,  and  for  the  Board  to  take  further  action  to 
get the  building vacated in accordance  with  the next succeeding sub-sections. 
No  person  interested in the lanci  shall have  any right  to object  to taking such 
possession or to vacating ofthe building merely on  the ground that the amount 
of acquisition  has  not  been  fixed  or  paid. 

t 

Thiise words were substituted for the original by Mab. 25 of 1996 s.  2  and Sch,, para (3). 

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44 

Maharashtra Housing and Area 
Deuclopinent Act,  1976 

[1977 :  Mah' XXVUI 

(7)  After  the  proposal  becomes  operative,  the  occupiers  of  the  building 
shall  vacate  their  premises  within  the  time  allowed  for  that  purpose  under 
the  proposal. 

(8)  After expiry of the time  referred  to  in sub-section (7),  the  Board shall, 
for  the purpose  ofvacating the building or such part thereof,  as has remained 
occupied  take  or  cause  to  be  taken  such  steps  and use  or  cause  to  be  used 
such force as may in the opinion ofthe Board be reasonably necessary therefor. 
(9)  The  Board  may,  after  giving  seven  clear  days'  notice  to  the  persons 
evicted  under  sub-section  (8),  remove  or  cause  to  be  removed  or  dispose  of 
by  public  auction  any  property  remaining  in  such  building. 

(10)  Where  the  property  is  sold  under  sub-section  (9),  the  sale  proceeds 
shall,  after  deducting  the  expenses  of sale,  be  paid  to  such  person  or  persons 
as  may  appear  to  the  Board  to  be  entitled  to  the  same 

Provided  that,  where  the  Board  is  unable  to  decide  as  th  the  person  or 
persons  to  whom  the  balance  of  the  amount  is  payable  or  as  to  the 
apportionment  of the  same,  it  shall  refer  such  dispute  to  a  civil  court  of 
competent  jurisdiction,  and  the  decision  of the  court  shall  be  final. 

(11)  After  the  building  is  completely  vacated,  the  Board  shall  proceed  to 

construct  a  new  building  on the  site  according to  the  proposal. 

alte 

94. 

Temporary 

(1) Where  the  Board  requires the  occupiers  of any  building  to  vacate 
and  their  premises  to  enable  it  to  construct  a new building  on  the  land  acquired 
accommoda-  under this  Chapter,  the  Board shall allot temporary  accommodation  to  such 
on t  occupiers  in  any  building  maintained  by  it  for  such purpose,  at  such  places 
and  to  such  extent  as  it  deems  fit.  The  accommodation  may  not  be  in  the 
where  sanie locality or ofthe same  floor area as the premises vacated by the occupiers. 
(2)  If any  occupier  fails  te  accept  and  occupy  the  accommodation  alloted 
to  him  within one  month  from the  date of allotment,  the responsibility of the 
Board  to  provide  him  with  any  temporary  accommodation  shall  cease. 

o:cu; 

(3)  Every  occupier shall,  with effect  from  the date on  which the  land vests 
in the Authority,  until  he  vacates the premises pay the rent of such premises 
to  the  Board  at  the  saine  rate  at  which  he  was  paying  it  (including  the 
permitted increases,  if any)  to  the  owner. 

(4)  Where  the  temporary  accommodation  allotted  to  any  occupier  is 
accepted  by  him,  he  shall  pay  to  the  Board  on  behalf of the  Authority  rent 
for  such  accommodation at  such  rate  as  the  Board  may  fix  in  this  behalf. 

'[(5)  Subject  to  the  provisions  of this  section,  every  occupier whether  or 
not  he  accepts  temporary  accommodation,  shall  have  a  right  to  get  such 
accommodation in the new building free  of cost.  Occupiers of the new building 
shall  be  required  to  forni  a  co-operative  housing  society  under  the 
Maharashtra  Co-operative  Societies Act,  1960.  The  ownership  of the  new  MalL 
building  shall  then  be  transferred  by  the  Board  in  the  name  of such  co- 
operative  housing  society  of the  occupiers. 

(6)  If  any  occupier  of a  new  building,  after  accepting  and  occupying  the 
accommodation allotted  to  him,  fails  to  become  a member of the co-operative 
housing society  formed  by  the  occupiers  of such  building  within  a  period  of 
three months  from  the  date  of allotment  or  the  date  specified  by  the  Board, 
the  right  of  such  occupier  to  get  such  accommodation  shall  stand  forfeited 
and  the  occupier,  who  is  occupying  the  new  accommodation,  shall  be  liable 
for  eviction  and  the  responsibility  of  the  Board  to  provide  him  any 
accommodation  shall  cease.] 

I  Sub-sections (5) and (6) werü substituted by Mah. 16 of 1998e 5.  6. 

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1977 : Mìh. xx:vm 

Maharashira Housing wid Area 
Development Act,  1976 

45 

95.  If,  for any reason in  respect  of any  building  the  Board  decide  not to  Temporary 

move  the  State Government  to  acquire  the property  under sub-section (3) of  mc 
section 91 or under section 92  or the State Government decides not to approve; 
the  proposal  under sub-section (1)  of section 93  and all  or any of the occupiers  tion to certain 
in any such buildings are dishoused or  required  to vacate  their premises,  the 
Board  may,  where possible,  allot  temporary and alternative  accommodation  where 
to  such occupiers  in  any  building maintained  by Authority  at  such  place  and  PIY i5 
to  such  extent  as  it  deems  fit,  in  accordance  with  the  provisions of the  last 
preceding  section,  so  far  as  they  may  be  applicable 

Provided  that,  in  the  case  of temporary  accommodation,  such  occupiers 
shall  be  required  to  pay  to  the  Board  on  behalf  of the  Authority  rent 
'[including service  charges,  if any,]  for  such  accommodation  from  the  date 
the  Board  decides  not to  move  the State Government to  acquire  the property 
or  the  State  Government  decides  not  to  approve  the  proposal  or  from  the 
date  of  occupation  of  the  allotted  accommodation,  whichever  is  later. 

2[95 

(:1)  Where  the owner  of a  building or  the  members of the proposed  Summary 
co-operative  housing  society  of the  occupiers  of the  said building, submits a  evicn OÇ 
proposal  to  the Board  for  reconstruction  of  the  building,  after obtaining  the 
written  consent  of not  less  than  '70  per  cent.  of  the  total  occupiers  of that 
building and a No Objection  Certificate for such  reconstruction ofthe building 
is  issued by  the  Board,  to  the  owner  or  to  the proposed  co-operative  housing 
society  of  the  occupiers,  as  the  case  may  be,  then  it  shall be binding on  all 
the  occupiers  to  vacate  the  premises 

ocersm 

Provided that,  it shall  be  incumbent upon  the  holder of such  No  Objection 
Certificate  to make  available  to all the  occupants of such  building  alternate 
temporary  accommodation. 

(2)  On refusal  by  any  of the  occupant  to  vacate  the  premises as  provided 
in  sub-section  (1),  on  being  approached  by  the  holder  of such  No  Objection 
Certificate for  eviction  of such  occupiers, it would be competent  for the Board, 
notwithstanding  anything  contained  in  Chapters  VI  and  VU  of this  Act,  to 
effect  summary  eviction  of such  occupiers. 

(3)  Any  person  occupying any  premises,  land,  building  or  structure  of the 
Board unauthorisedly  or without  specific  written  permission of the  Board  in 
this  behalf  shall,  notwithstanding  anything  contained  in  Chapters VI  and 
VII  of this  Act,  be  liable  for  summary  eviction. 

(4)  Any  person  who  refuses  to  vacate  such  premises  or  obstructs  such 
eviction  shall,  on  conviction,  be  punishable  with  imprisonment  for  a  term 
which may extend  to  one year or with  fine which may  extend  to  five  thousand 
rupees,  or  with  both.J 

96.  On publication  of the  notification under sub-section (5)  of section  93,  Amount of 
the  Land  Acquisition  Officer  shall  determine  the  amount  of  acquisition  in  acquisition. 
accordance  with  the  provisions  of Chapter  V. 

3[97  (1)  The  State Government  shall, under  appropriation duly  made by  Contribution 
veient 

law  in  this  behalf,  pay  an  annual  contribution  to  the  Authority equal  to  the 
amount  of  cess  recovered  during  that  year,  and  the  Mumbai  Corporation  Munibai 
shall  pay the  annual  contribution  of  rupees  ten  crores  to  the Authority. 

Corporation 
and 

(2)  The Authority  from its own funds shall  pay an annual contribution of  Authority. 

rupees ten  crores  to  the Board for  the  purpose  of reconstruction  of the 
buildings.] 

I  These words were inserted by Mah. 12 of 1989.  s.  i L 
2  Section 95-A was inserted by Mali.  16 of 1998,  s.  7. 
3  Section  97 was substituted by Mali.  16 of 1998, s.  8. 

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46 

Maharashtra Howiiig and Area 
Dcvelopm-en.t Act,  1976 

[1977 :  Mah. XXVIII 

98.  The moneys placed at the disposal ofthe Board by  the Authority under 

Dispo5aI  of 
moneys 
received by  this  Chapter  shall  be  applied  for  the  purposes  of  this  Chapter. 
the Board. 

i 

99. 

[Mumbai 

Assiztance 

(1) The  '[Mumbai  Corporation] shall  render such  help  and  assistance, 
from  and  furnish  such  information  to  the  Board as  the  Board  may  from  time  to 
Corporationi.  time, require for carrying out its duties and functions, and shall make available 
to  the  Board  for  inspection and  examinations  such  records,  maps,  plans,  and 
other  documents  as  may  be  necessary  for  the performance  and  discharge  of 
its  duties  and  functions. 

(2)  The  '[Mumbai  Corporation] shall,  on  demand, make  available  copies  of 
assessment rolls and other relevant documents in connection with assessment 
of its  taxes.  Such  copies  shall be  duly  certified  by  an  officer  of the  ' [Mumbai 
Corporation]  as  may  be  authorised  in  this  behalf 

100.  Notwithstanding  anything  contained  in  the  provisions  of  the 
Relaxationor 
moL:1c  Corporation Act or the Town Planning Act, or any rules, bye-laws, regulations, 
provisioii  of  p'ans,  scheme,  notifications,  directions  or  orders  made  or  issued  or  deemed 
Corporation  to  be  made  or  issued  under  any  of those  Acts,  the  State  Government  may, 
Regional and  having  regard  to  the  necessity  of  providing  alternative  accommodation  to 
P1anninroZ  occupiers,  who  have  been,  or are  likely  to  be,  dishoused  on  account  of  any 
in  case of  reconstruction  proposal  or  proposals  undertaken  by  the  Board  under  this 
Chapter,  after  consultation  with  1[the  Mumbai  Corporation]  by  general  or 
Lion proposal.  special  order,  relax  all  or  any  of the  provisions  aforesaid  in the  case  of any 
such  proposal  or class of proposals,  or  may  by like  order direct  that any such 
provisions  shall  apply  th  any  such  proposal  or  class  of proposals,  subject  to 
such  modifications  or  conditions  as  it  may  specify  in  the  order. 

101.  (i)  If in  respect  of any  building  to  be  repaired  or  reconstructed  by 
Procedure for 
avT:i:: the Board,  any  notice is  required to be given or  any application is to  be  made 
permission  and the approval, sanction,  consent or  permission otherwise of that Municipal 
Commissioner  or  any  other  authority  is  required  to  be  obtained  under  any 
reconstructed  of  the  provisions  mentioned  in  the  last  preceding  section,  the  necessary 
by Board.  permission shall be  deemed  to  have been  obtained  by  the  Board if the  Board 
gives  a reasonable  notice of the proposed work to the Municipal  Commissioner 
or  other  authority  concerned  before  the  work  is  commenced. 

(2)  Such  notice  shall  be  accompanied  by  plans  and  other  relevant 

documents  and  information. 

(3)  After  receipt  of such  notice  and  after  making  such  inquiry  as  may  be 
deemed  necessary,  the  Municipal  Commissioner  or  other  authority  may, 
within  a  period  of thirty  days,  submit to  the  State  Government a  statement 
in  writing  of any  objections  or  suggestions  which  he  or  it  may  deem  fit  to 
make  with  reference  to  the  proposed  work. 

(4)  Every  objection  or  suggestion so  submitted  shall  be  considered  by  the 
State  Government,  which  shall,  after  such  investigation  (if any)  as  it shall 
think  advisable,  ¡ass  orders  thereon,  and  the  work  shall  be  carried  out  in 
accordance  with  such  orders. 

i  These  words were  substituted  for  the  original  by  Mah. 25  of 196. s  2  and 

Sch.1  para (3). 

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1977 : Mali. XXVIiI 

Ma/tarashtra Housing and Area 
Development Act,  1976 

47 

102. 

(1)  Nothing  in this  Chapter  shall  affect  the powers  of the  Municipal  Saving of 
of 

Commissioner  or any  other authority  or the  rights  or liabilities  of any person 
(including the  owner or  any occupier)  to carry out any repairs to any building,  authorities 
or to execute  any works thereon  or to  take  any other action in  respect of such  and  persons 
caiy out 
building  authorised  under  sections  257,  354,  377A,  381,  489  or  499  or  any  repairs and 
other  provisions  of the  Corporation Act,  or  under section  1OD  or  10E  or  any  reimburse- 
nient of cost 
other provisions  of the Rent Act,  or  under the  provisions of any  other law  for  for structural 
the time  being in force,  in  so  far  as the said  repairs, works  or  action  does  not 
require  any  structural  repairs;  and  in  so  far  as  they  do  require  structural 
repairs,  until  such  repairs  are  undertaken  by  the  Board 

repairs in 

°' 
other 

cases. 

Provided  that,  if any  occupier  of  a  building  seeks  the  approval  of the 
Municipal  Commissioner  under  section  499  of  the  Corporation  Act,  for 
carrying  out structural repairs in  respect of any such building, such approval 
may  be  given  by  the  Municipal  Commissioner  only  after  consultation with 
the  Board,  but  the  occupier  shall  not  be  entitled  to  recover  from  the  owner 
under the said section 499 the expenses incurred by him on any such structural 
repairs 

Provided  further  that,  during  the  period  this  Chapter  is  in  force,  the 
provisions  of  section  1OD  and  10E  of the  Rent  Act,  shall  not  apply  to  any 
building,  in  so  far  as  they  relate  to  buildings  undertaken  or  proposal  to  be 
undertaken  by  the  Board  for  structural  repairs. 

(2)  If,  while  carrying  out any  repairs,  or  executing  any  works  or  taking 
any  action  referred  to  in  sub-section  (1),  it  becomes  necessary  for  the 
Municipal  Commissioner  or  any  other  authority  or  any  person  to  carry  out 
structural  repairs  also,  and  the  Municipal  Commissioner  or  such  authority 
or person  desires that the  cost of the structural repairs should be  paid by  the 
Board,  the Municipal  Commissioner  or  such  authority  or  person,  as the  case 
may  be,  shall obtain  the previous  sanction  of the  Board for  such  repairs.  The 
Board  may  give  such sanction  on  such  terms and  conditions  as  it may deem 
fit  to  impose,  having  regard  to  the  priority,  if any,  assigned  to  the  building 
under  sub-section  (2)  of section  88  and  availability  of resources;  or may  not 
agree  to  give  such  sanction. 

(3)  Where  sanction  is given  under  sub-section (2),  it shall be  lawful for  the 
Board  to pay the cost ofthe structural repairs  actually carried out in lumpsum 
or by  instalments or  according  to  the  progress  of the work  from  time to  time 
as  it may  deem  fIt. 

(4)  When the  Board pays  the  cost of the  structural repairs  in  full,  or when 
a  period  of  three  months  elapses  after  the  Board  has  paid  not  less  than 
seventy-five per cent.  of such cost,  whichever  is  earlier,  the  building shall  be 
deemed  to  be  structurally  repaired  by  the  Board  under  this  Chapter. 

103.  On  and  after  the  appointed  day,  the  provisions  of  section  23  of the  Revival of 

. 

Rent Act  shall cease to be suspended,  shall stand  revived  and shall  be  enforced 
out 
and  have  full  effect  again.  Accordingly,  notwithstanding  anything  contained  tenantable 
in  this  Chapter,  the  owner  of  every  building  shall  be  bound  to  keep  the 
premises  let  to  any  occupier  in  good  and  tenantable  repair  as  required  by 
section  23  of  the  Rent  Act. 

repairs. 

. 

. 

. 

. 

owner's duty 

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48 

Ma/zarashtra Housing and Area 
Deueiopment AcL 1976 

[1977 : Mah. XXVIII! 

'[CHAPTER VIII-A 
AcQuismoN OF CF,SSED PR0PEn'rIEs FOR CO-OPERATIVE Socu'rrs OF OCCUPIERS 
103A  This  Chapter shall come  into force  on  and  from  the commencement 
Application  of 
Chapter  VIII-  of  the Maharashtra  Housing  and  Area  Development  (Second  Amendment) 

Atocertain  Act,  1986,  and shall apply to  all  the cessed  buildings which  are erected before;  ttah. 

the ist  day  of September  1940  and  are  classified  as belonging to  Category  A  JQ  of 
under  sub-section (1)  of  section  84  : 

1986. 

2[Provided  that, nothing in  this Chapter shall  apply  to any  cessed  building 
belonging to  Category A if,  on  the date of commencement  of the Maharashtra 
Housing  and  Area  Development (Second  Amendment)  Act,  1986,  out  of the  Mah. 
total  number  of occupiers  of such  building,  fifty  per  cent.  or  more  occupiers 
are  using  the  tenements  or  premises  in  their  possession  for  commercial  or  1986. 
non  residential  purpose.] 

of 

Explanation.-For the  purposes  of  this section,  any  such  building  where 
a  floor  or  any  part  of  a  building  is  constructed  subsequently  and  such  floor 
or part is  not separable,  shall be deemed to be a building belonging to Category 
A. 

Acquisition of 

103B. 

(i) Notwithstanding  anything  contained  in  any  of the  provisions 
cessed  of  Chapter VIII  or  any  other  law  for  the  time  being  in  force  or  in  any 
agreement,  contracts, judgment,  decree  or order  of any  Court  or  Tribunal to 
societies of  the  contrary,  a  co-operative  society  formed  or  proposed  to  be  formed  under 
occupiers.  the  provisions  of the  Maharashtra  Co-operative  Societies  Act,  1960,  by  not  Mah. 

less than seventy per cent. ofthe occupiers in  a cessed building may by written 
application request  the Board  to  move  the  State  Government to  acquire  the 
land  together  with  the existing building  thereon  3[or where  the owner  of the 
building does  not own  the  land  underneath or  appurtenant to  such building 
but  holds  it  as  a  lessee  or  licensee,  or  where  any  person  holds  the  building 
or the land  underneath or  appurtenant to  such building  or both under a lease 
or  licence,  then  to  acquire  the  right  or  interest  of such  owner or  person  in 
or  over,  such  building  or land  or  both as  lessee  or licensee  together  with  the 
existing building  thereon]  (hereinafter  in  this  Chapter  referred  th  as  «the 
land"),  in  the  interest  of its  better  preservation  or  for  reconstruction  of  a 
new  building in  lieu  of the  old  one  and intimate  their willingness  to  pay  the 
amount  of such  acquisition  as  may  be  determined  under  the  provisions  of 
this Chapter and  to  carry  out the  necessary  structural  and  other repairs  or, 
wherever  necessary,  to  reconstruct  a  new  building,  as  the  case  may  be,  at 
their  own  cost. 

4[Explanation 1.-In this section  the  expression, seventy  per cent.  of the 
occupiers  means  the  seventy  per  cent.  of  the  occupiers  on  the  date  of 
commencement of the  Maharashtra  Housing  and Area  Development (Second  Mah. 
Amendment) Act,  1986,  and include their successors in interest or new tenants 
inducted  in  place  of such  occupiers,  but  does  not  include  the  owner  or  the 
occupiers inducted by virtue  of creation of any additional  tenancies or licences 
by  the  owner  after  the date  of commencement  of the  aforesaid  Act. 

Explanation 11.-For  the  purposes  of  this  sub-section,  any  suit  or 
proceeding for  recovery or  possession of tenement or premises  or part thereof, 
initiated  against  the  occupier  in  any  court  or before  any  authority  whether, 
before  or  after  making  an application  under  this sub-section,  shall  not affect 
the right ofsuch occupier tojoin or to continue as a member ofthe co-operative 
society  of  the  occupiers  of the  building,  but  his  membership  of such  co- 
operative  society  shall  be  subject  to  the  final  decision  in  such  suit  or 
proceeding: 
_______ 

I  Chapter VIII-A was inserLed by Mah. 21 of 1986, s.  5. 

This proviso shall be deemed always to have  been inserted by Mah. 12 of 1989, s.  12. 
I  This portion shall be deemed always to have been inserted by Mah. 12 of 1959, s.  13(a). 
4  These Explanations shall  be  deemed always th  have been inserLed  by Mali. 12 of 1989,  s. 

13(b). 

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1977 : Mah. XXVTH] 

Ma/iaras/itra Housing and Area 
Development Act,  1976 
Provided  that,  if in  the  meantime before  the  fInal  decision  in such suit  or 
proceeding,  the  acquisition  proceedings  under  this  Chapter  are  completed 
and  the  land  is  conveyed  to  the  co-operative  society  of the  occupiers  under 
sub-section  (7),  the  claim  for  possession  made  in  such  suit  or  proceeding,  at 
any  stage  where  it  is  pending  on  the  date  of  execution  of such  conveyance, 
shall  abate.] 

49 

(2)  On  receipt  of  the  application  made  under  sub-section  (1),  the  Board 
shafl after due verification and  scrutiny,  approve the  proposal  if it considers 
that it is in the interest ofbetter preservation ofthe building or to be  necessary 
for  reconstruction of a  new building  and  shall direct  the  co-operative  society, 
whether  registered  or  proposed,  to  deposit  with  the  Board  within the  period 
specified  by it in that behalf thirty per cent.  of the  approximate amount  that 
would  be  required  to  be  paid  to  the  owner  if the  land  is  acquired  and  give 
intimation  in  that  behalf to  the  owner. 

'[(2A)  Where  after the  date  of application  made  under  sub-section (1),- 
(a)  any  owner  has  undertaken the  work of  any repairs  to  the  building;  or 
(b)  the  percentage  of the  occupiers  who  had  initially  agreed  to  become 
members  of the  co-operative  society formed  under  sub-section  (1)  is  reduced 
to  less  than  seventy per  cent.  of the  occupiers  as  a  result  of some  members 
opting  out,  or  due  to  the  number  of additional  tenancies  or linces created 
in  the  building  thereafter  or  due  to  any  other  reason  whatsoever, 

then the  power of Board  to approve  the  proposal shaH  not be  affected,  and 
notwithstanding  anything contained  in  sub-section  (1),  the  Board  shall 
approve  the  proposal  and  direct  the  co-operative  society  to  deposit  the 
approximate  amount  as  required  under  sub-section  (2).] 

(3)  On  receipt of the  amount of deposit as provided  in sub-section  (2),  the 
Board  shall  submit  to  the  State  Government  a  proposal  to  acquire  the  land 
for  the  aforesaid  purpose. 

(4)  If on  receipt  of an acquisition proposal  under  sub-section  (3),  the  State 
Government  is  satisfied  about  the  reasonableness  of the  proposal,  it may 
approve  the  proposal  and  communicate  its  approval  to  the  Board. 

(5)  On  receipt  of  the  Government  approval,  the  Board  shall  forward 
acquisition  proposal  to  Land  Acquisition  Officer  for  intiating  an  acquisition 
proceedings  in  accordance with  the  provisions  of sub-sections  (3),  (4)  and  (5) 
of section  93  and  section  96  of this  Act: 

Provided that, where any proceedings for acquisition  of land  are so initiated 
the notice  to be published under sub-section (3) of section 93 in respect thereof 
need  not  contain  any  statement  regarding  provision  of  any  alternative 
accommodation  to  occupiers  in  such  land 

2lProvided further that, where the proposal  involves acquisition  of the right 
or interest  of the  lessee  or licencee  in  or over  the building  or  land as referred 
to  in  sub-section  (i),  then  such  building  or  land  on  its  transfer by  the 
Authority  to  the  co-operative  society under  sub-section  (7),  shall  be  held  by 
the  co-operative  society  on  lease  or  licence,  as  the  case  may  be,  subject, 
however,  to  the  following  conditions,  namely 

(i)  where  there  is  a  subsisting  lease  or  licence,  on  the  same  terms  and 

conditions  on  which  the  lessee  or  licensee  held  i, and 

(ii)  where  the  lease or  licence has  been  determined  or  where  the  lessee 
or  licensee  has  committed  breach  of  the  terms  and  conditions  of the  lease 
or licence,  as the  case may be, on the fresh terms and conditions, particularly 

L 

Sub-section (2A) shall be deemed always to have been inserted by Mali. 12 of 1989, s.  13(c). 

2  This proviso shall be deemed always to  have been inserted by MalL  12 of 1989. s.  13 (d). 

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50 

Maharashtra Housing and Area 
Deueloprnent Act,  1976 

[1977 :  Mah. XXVIII 

in  regard  to  the  period  of  lease  or  licence  and  rent  as  may  be  stipulated 
by  the  owner  of the  land.1 
'E(5A  Where  acquisition  proceedings  have  been  initiated  as  provided  in 
sub-section  (5)  and  a  notification  under  sub-section  (5)  of  section  93  is 
published,  the  Collector  shall  take  and  hand  over  possession of the  land  to 
the  Board  in  accordance  with  the  provisions  of sub-section  (6)  of section 93.1 
(6)  After  the  land  is  vested  absolutely  in  the  Board  on  behalf  of the 
Authority free  from all  encumbrances and  the amount to be paid  to the owner 
is  determined,  the  Board  shall  require  the  society  to  get  itself registered  if 
it is  not  registered  till  then  and  to  deposit  the  remainder  of the  amount  to 
be  paid  to  the  owner  with  the  Lanci  Acquisition  Officer.  The  Board  shall 
simultaneously  pass  on  the  amount  deposited  by  the  co-operative  society 
with  it  to  the  Land  Acquisition  Officer.  The  Land  Acquisition  Officer  shall 
thereupon  make  the  payment  of  the  amount  for  acquisition  or  deposit  the 
same  in  the  court  as  provided  in  section  46. 

(7)  Subject  to  the  provisions  of sub-section  (6),  the  Authority shall  convey 
the  land acquired  under this section to the co-operative society ofthe occupiers 
thereof with  its  right,  title  and  interest  therein  and  execute  without undue 
delay  the  necessary  documents  in  that  behalf. 

Prohibition ori 

1OSC. 

(1)  After  the  land  is  transferred  to  the  co-operative  society under 
transfer of  sub-section  (7) of section  103B, the  society shall use the same for  he  purpose 
buildingby  for  which it was  used before its acquisition  by  carrying  out structural repairs 
society.  to  building  thereon  or  reconstruction  of  new  building  in  lieu  of  existing 
building,  as  the  case  may  be,  as  provided  in  this  Chapter  and  for  no  other 
purpose. 

(2)  Save  as  otherwise  expressly  provided  in  this  Chapter  and 
notwithstanding  anything contained  in  any  law  for  the  time  being  in force, 
no  co-operative society shall transfer such  land or building or interest therein, 
or  no  member  or tenant of the  co-operative  society  shall  transfer his  interest 
in  any  tenement  by  sale,  gift,  exchange,  leave  and  licence,  assignment  or 
lease;  and  any such transfer by way  of sale, gift,  exchange, leave and licence, 
assignment  or  lease  by  the  co-operative  society  of  any  land vesting  in  it by 
under  the  provisions  of this  Chapter  or  tranfer  by  the  member  or  tenant of 
his  interest  as  aforesaid  shall  be  void. 

(3)  If the  co-operative  society  contravenes  the  provision  of sub-section  (1) 
or  enters  into  any  transaction which  is  void  under  sub-section  (2),  or  if  the 
society  is not  functioning, it shall be lawfull for  the Authority to  resume  such 
land  and builthng from  such  society after making full  payment to  the  society, 
of the amount  of the acquisition which  the society  has  paid for  such land  and 
building  and  upon  such  resumption  to  transfer  the  same  to  any  other  co- 
operative  society  of  the  occupants  of  the  tenements  in  the  transit  camp 
provided  by  the  Authority,  on  payment  of  the  acquisition  price  which  was 
paid  by  the  co-operative  society  for  whom  the  land  was  acquired. 

(4) 

(a)  Any  person  who  enters  into  any  transaction  which  is  void  under 

sub-section  (2)  shall- 

(i) if he  is  a  member of the  co-operative society,  cease  to  be  such member 

and  be  evicted; 

(ii)  1f  he  is  a  tenant,  then  notwithstanding  anything  contained  in  the 

Rent  Act,  be  evicted. 
(b)  Any person claiming through such member or tenant shall also be liable 

to  be  evicted. 

i  Sub-section (5A) was inserted by Mali.  12 of 1989, s.  13 (e). 

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1977 : Mali. XXVIII] 

Ma/wraslitra Housing and Area 
Development Act,  1976 

51 

(6) The Competent  Authority  appointed  under  section  65  shall  be  the 
Competent  Authority  for  the  purposes  of  eviction  of persons  referred  to  in 
sub-section (4) and shall  follow  the same  procedure  as  prescribed  in  section 
66 for  such eviction as ifthe premises were Authority  premises and thereupon 
the provisions  of Chapter VI shall mutatis  mutandis apply in respect of orders 
passed by the  Competent Authority  as they  apply to  the  orders passed  under 
Chapter  VI. 

103  D.  Notwithstancling  anything  contained  in  the  Maharashtra  Relaxation in 
Mah.  Co-operative  Societies  Act,  1960,  the  requirement  of  minimum  number  of  !quirement 
of minimum 

XXIV of  members  specified  therein  for  formation of a  co-operative  society  shall  not  number of 

1961.  apply  to  a  co-operative  society  of occupiers  formed  under this  Chapter. 

membership 
of co-operitive 
societies 
under this 
Chapter. 

103  E. 

(1)  The  occupiers  of tenements  in  the  building  acquired  for  the  Non-member 
co-operative society  who  do  not  become  the  members  of the  co-operative  OCUPÌOtS 
entitled  to 
ntue in 
society  shall,  subject  to  the  provisions  of the  first  proviso,  be  entitled  to 
continue  in  their  tenements  as  tenants  of  the  co-operative  society  after  the  tenementh  of 
building has  been  conveyed  to  the  co-operative  society  on the  same  terms  co-operative 
and  conditions  on  which  they  were  occupying  them  from the  owner  of the 
building: 

Provided  that,  notwithstanding  anything contained  in  the  Rent Act,  or 
any  other  law  for  the  time  being  in  force  or  any  agreement,  contract, 
judgement,  decree  or  order  of any  Court  or  Tribunal  to  the- contrary  the 
co-operative  societies  shall  be  entitled  to  recover,  in  addition  to  rent,  from 
such  occupiers  and  such  occupiers  shall  be  liable  to  share  and  pay 
proportionately towards any expenditure that may be  incurred  by the  society 
on  structural repairs  of the  buildings  or  towards  the  service  charges  and 
additional  amenities  or  facilities  provided  in  the  building: 

Provided  further that,  if the  owner  himself  is  one  of the occupiers  in  the 
building and he  does  not  become  the member of the  co-operative  society,  he 
may,  subject  to  the  provisions  of the first  proviso  and  sub-section  (2)  to  (7), 
continue  to  occupy  the  premises  occupied  by  him  on  payment  of  standard 
rent,  if any  fixed,  or where  no standard  rent is  fixed  on such other rent  and 
on such  other terms  and  conditions as may  be  mutually  agreed between  the 
owner  and  the  co-operative  society. 

(2)  Where  in  a  co-operative  society  the  owner  referred  to  in the  second 
proviso  to  sub-section  (1)  becomes  a  tenant  and  he  considers  that the  rent 
demanded by  the  co-operative  society  is  excessive,  such  owner  may  apply  to 
the  Court  of  Small  Causes,  Bombay  for  fixing  the standard  rent  of  his 
tenement,  but such  owner  shall,  notwithstanding  anything  contained  in the 
Rent Act,  or  any other  law  for the  time  being in force,  continue to pay to  the 
society,  the rent demanded  by  it  and  failure  of  such  owner to  pay  to  the 
society  such rent,  the  Court  shall not  proceed  to  fix  the standard  rent  under 
this  sub-section  until  such  owner  pays  to  the  society  such  rent. 

Exp1anation--For the purposes of this  sub-section,  the  expression 
"standard  rent' includes the  increase in  rent permitted  under the  provisions 
of the  Rent  Act. 

H-187-(6) 

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52 

Mahuraslttra Housing and Area 
Development Act,,  1976 

[1977 :  Mah. XXVIII 

(3)  Where  the  Court has  fixed  the  standard  rent  under  sub-section  (2.) 
and  it  finds  that  the  rent  demanded  by  the  co-operative  society  from  such 
owner  is  unresonably  excessive  the  Court  may  order  payment  of  simple 
interest  at  the  rate  of  six  per  cent.  per  annum  on  the  amount  of difference 
between  the  standard  rent  and  the  rent  demanded  and  received  by  the 
co-operative  society  from  such  owner. 

Explaization.-For the  purposes  of this  sub-section  where  a  difference 
between the standard rent and the rent  demanded by  the co-operative  society 
is  more  than  twenty-five  per  cent.  the  rent  demanded  by  the  co-operative 
society  shall  be  deemed  to  be  unreasonably  excessive. 

(4)  Any  amount  in  excess  of the  standard  rent  fixed  by  the  Court  under 
sub-section (2)  or standard  rent referred  to in  sub-section  (6),  received by  the 
co-operative  society  shall,  at  the  option  of such  owner,  be  adjusted  towards 
the  payment  of  future rent  by  such  owner  or  refunded  to  him. 

(5)  An  application  under sub-section (2)  may be  made jointly  by  all or  any 
of  the  owners  interested  in  respect  of  the  thnements  situated  in  the  same 
building. 

(6)  No  Court shall upon an  application or  in any  suit or  proceeding fix the 
standard  rent  of any  tenement  under  sub-section  (2)  or  entertain  any  plea 
that the rent is excessive, ifthe standard rent in respect of the sanie tenement 
has  been  duly fixed  by  a  competent court  on  the  merits  of the  case,  without 
any  fraud  or collusion  of an error of the fact,  and  there has been no  structural 
alteration or change  in the  amenities or in  respect of any  other factors which 
are  relevant  to  the  fixation  of  the  standard  rent. 

(7)  The decision of the Court under sub-section  (2) or (3)  shall be final  and 

conclusive  and  shall  not  be  called  in  question  in  any  Court. 

Application of 

buildingofco- 

1O3F  Save  as  otherwise  expressly  provided  in  this  Chapter  and 
notwithstanding  anything  contained  in  section  5  of this  Act,  the  provisions 
operative  of the Rent  Act shall  apply to  the  premises in  the  land  and buildings  owned 
society.  by  the  co-operative  societies  formed  and  registered  in  pursuance  of  the 

provisions  of this  Chapter. 

Certain 

iO3G.  The occupiers  of any  building who  have  not joined the co-operative 
bP  t4  society  may, if they so  desire but subject  to the  availability of tenements with 
e accmmo  the  Board,  be  accommodated  by  the  Board  in  tenements  in  transit  camps, 
transit  constructed  by  the  Board  on  economic  rent  and  on  such  other  terms  and 
camps.  conditions  as  may  be  determined  by  the  Board. 

10311.  The  provisions of section  100  regarding  relaxation or modifications 
Application of 
provisions of  f the provisions  of the  laws  referred to therein  shall  apply niutati  inutandi.s 
section 100.  to  the  reconstruction  proposal  or  proposals  undertaken  by  co-operative 
societies  under  this  Chapter  and  the  State  Government  may,  by  general  or 
special  order,  relax  or  modi&  the  provisions  of such  laws  in  respect  of such 
co-operative  societies  or  society: 

Provided  that,  in  no  case  where  such  relaxation  or  modification  is  made, 
the  floor  space  index  shall  exceed  two  or  the  consumed  floor  space  index, 
whichever  is  higher. 

. 

Reconstruc- 

1031.  (1)  In  preparing  the  plans  and  estimates  of  the  building  to  be 
ti9n ofnew  reconstructed  it  shall  be  the  duty  of the  co-operative  society  to  see  that  all 
buildingbyco-  the  occupiers  in the  building  proposed  to  be  demolished  who  have joined the 
society.  co-operative  society  shall,  as  far  as  practicable,  be  provided  in  the 
reconstructed  building accommodation  with  a  floor  area  equivalent  to  their 
floor areas in the old building, but in  no case exceeding seventy  square metres 
of  plinth  area  to  any  occupier. 

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53 

1977 : 1iah. XXVIiI 

Maharashtra Housing and Area 
Development Act,  1976 
(2)  Where  the  co-operative  society  proposes  to  carry  out structural repairs 
to  the building and the  building or  any  part thereof is required  to be vacated, 
or  to  reconstruct  a  building  and  the  building  is  required  to  be  demolished, 
the  occupiers  thereof,  on  being  called  upon  by  a  notice  in writing  by  the  co- 
operative  society,  shall vacate  the  tenements  in  their occupation  within  the 
period  specified  in  such  notice,  and  upon  failure  of the occupiers  to  so vacate 
the tenement, the co-operative society  may request  the Board to  take or cause 
to  be  taken  necessary  steps  to  evict  such  occupiers  from  the  buildings  and 
on  receipt  of such request the Board  may take  or  cause  to be  taken  necessary 
steps  to get the building  or part thereof, as  the  case may  be,  vacated  and  the 
Board shall  exercise  in  this  behalf the  powers  under  clause  (a)  of section  77 
and where  an  occupier  to  whom  the Board  has  served a  notice  to vacate  the 
premises in his occupation fails to vacate  the same within the period specified 
in  such  notice,  the  Board  may  use  or caused  to  be  used  such  force  as  may 
reasonably,  be  necessary  therefor. 

(3)  The  co-operative  society  shall,  notwithstanding  anything  contained  in 
any  other  law,  reserve  and  allot,  in  the  new  building  such  percentage  as  is 
specified  in  the  Third  Schedule  to  this  Act  of  the  surp'us  area  in  the  new 
building  determined  on  the  basis  of the  difference  between  the  floor  space 
index  availed  of by  it  while  reconstructing the  building  and  the  floor  space 
index that had been utìlised in the construction ofthe old  building, for housing 
such  dishoused occupier  from  other  cessed  demolished  buildings  as  may  be 
nominated by  the Board and upon such nominations, the nominated occupiers 
shall  be  accepted  by  the  co-operative  society  as  its  members  in  accordance 
with its bye-laws, and shall not dispose oftenements covered by such reserved 
surplus area  to others.  If any  tenements are  rendered surplus because of any 
of the  occupiers  in  the  old  building  not joining  the  co-operative  society  the 
percentage  as  is  specified  in  the  Third  Schedule  to  this  Act of  the  surplus 
area  to  be  made  available  to  the  Board  in  the  new  building  for  allotment to 
other  dishoused  occupier  shall  be  determined  on  the  basis  of the  difference 
between the  total floor  area  constructed  in  the  new  building  and the  area to 
be  occupied  therein  by  the  participating  occupiers  in  the  old  building.  Such 
surplus tenement  to  be  allotted  to  dishoused  occupiers from  the  other  cessed 
buildings  which  are  demolished  and  who  are  nominated  by  the  Board  shall 
be  allotted  to  them  by  the  co-operative  society  after  receiving  from  them 
such  amount  as  may  be  determined  by  the  State  Government. 

(4)  The  co-operative  society  may  allocate  the  area  for  officers,  shops, 
commercial  tenements,  or  any  other  non-residential  use in  the new  building 
only  to  the  extent  of the  area  occupied  in  the  old  building  for  the  said 
purposes. 

(5)  The list of occupiers in the  old building as also the area of the tenement 
therein  shall  be  certified  by  the  Board  after  such  consultation  with  the  co- 
operative  society  and  the  occupiers  of  the  tenements  concerned,  as  may  be 
necessary.  The  area  of the  tenement shall  be  determined  having  regard  to 
the  provisions  of  the  Development Control  Rules  applicable  in  the  area  and 
after taking into account any specific area or part thereof as might  be permited 
by  Government  for  the  purpose.  The  Board  shall  inform  the  occupiers  about 
the  area  so  determined. 

(6)  If there  is  a  dispute  as  to  who  is  the  lawful  occupier of the  tenements 
in  the old  building, the parties shall be directed to get the disputes determined 
by  the  competent  court  of  law.  Allotment  of a  transît  accommodation  to  a 
person actually in  occupation of such  tenement or in  a  tenement in a building 
shall  not  be  deemed  to  have  decided  the  issue  and  such  allotment  shall  be 
without  prejudice  to  the  respective  rights  of the  dispute  parties. 

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Ma/zaras/&tra  Hoasing and Area 
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[1977 : Mali. XXVIII 

(7)  Any  occupier aggrieved by  the determination of the area of a tenement 
may,  within thiry days from  the  date of receipt  of the communication in that 
behalf,  prefer  an  appeal  to  an  officer  specified  by  the  Authority  for  the 
purpose.  The  decision  of such  appellate  officer  shall  be  final  and  conclusive 
and  shall  not  be  called  in  question  in  any  Court. 

Protections to 

lOSitJ. 

If the  co-operative  society  unauthorisedly allots  to  any  person any 
occtpers or  tenement which  is to be  allotted under the foregoing provisions  to a dishoused 
a  lottees.  ierson  from  the  building  reconstructed  or  to  a  dishoused  person  from  the 
other  cessed  demolished  buildings  by  nomination  by  the  Board,  such 
unauthorised  allotment  shall,  notwithstanding  anything  contained  in  any 
law  for  the time  being  in  force,  be  treated as  invalid  for  all purposes  and  the 
Authority  shall  be  competent  to  evict  such  unauthorised  allottee  by  taking 
action under section 66 ofthis Act as if the premises so allotted were Authority 
premises  and  allot  such  premises  to  the  person  to  whom  they  should  have 
been  allotted. 

is 

Board for 

108K. 

p er.  out  the  purposes  of this  Chapter. 

(1)  '[The  Mumbai  Repairs  and  Reconstruction  Board]  established 
that of under  section  18  of this  Act  shall  be  the  Board  for  the  purposes  of carrying 
(2)  Subject  to the  superintendence,  direction and control  of the Authority, 
the Board shall  exercise such of the powers and perform  such  of the  duties 
and functions  conferred  on it under  Chapter VIII  as may be necessary for the 
performance  of its  duties  and  functions  under this  Chapter. 

Oveniding 

103L.  The  provisions  of  this  Chapter  shall  have  effect  notwithstanding 
ChapterVlll-  anything  inconsistent  therewith  contained  in  any  other  provisions  of  this 
A.  Act, or any other law for the time being in force or in any agreement, contract, 

judgement,  decree  or  order  of any  Court  or  Tribunal. 

If any  difficulty  arises  in  giving  effect  to  the  provitions  of  this 
Power ti 
remove  Chapter, during the period of two  years  from  the  date  of commencement  of 

103M 

. 

difficulties. 

the Maharashtra Housing and Area Development  (Second  Amendment) Act,  Mah. 
1986,  the  State  Government  may,  as  occasion  arises,  by  order  do  anything 
not inconsistent with such provisions, which appears to it  to be necessary  or 
expedient  for  the  purposes of  removing  the  difficulty.J 

CHAPTER  LX. 
ENVIRONMENTAL IMPROVEMENT OF Si,urts. 
104.  2[(f)  Each  of the  Boards  excluding  3[the  Mumbai  Housing  and  Area 
6EBoard  for 
purposes  of  Development  Board,]  mentioned  in  clauses (a)  and (b), and 4[the  Munibai 
thl5 Chapter 
and  its  Slum Improvement Board]  mentioned m clause  (c)  of sub-section (1 )  of section 
duties.]  18,  shall  be  the  Board for  the  purposes  of this  Chapter within the  area  of its 

. 

. 

. 

jurisdiction.] 

I(2)J  Subject  to the superintendence, direction and  control of the Authority, 

it  shall  be  the  duty  of  a  Board,- 

(a)  to  undertake  and  carry  out  such  improvement  works  as  it  considers 

necessary  in  any  slum  improvement  area; 

I  These words were substituted  for the words 
by Mah. 25 of 1996,  s.  2  and Sch.  para (3). 

Bombay Repairs and Reconstruction Board" 

2  Sect.ion  104  was renumbered as  sub-section  (2)  thereofaiid sub-section (1) was  insertad to  it. 

by  Mab.  11  of 1993,  s.  6  (1). 

:3  These words were substituted  br the words "The Bombay  Housing and  Area  Development 

Board" by Mah. 25 of 1996, s.  2 and SelL para (3). 

¡  These  words  were  substituted,  Mah.  25  of 1996,  s.  2  and  Scii.  para  (3). 
,  Section  104  was  renumbered  as sub-section  (2)  there of and  sub.section  (1)  was inserted  to 

it  by  Mah.  11  of 1993,  s.  6  (1). 

;  This marginal note  was substituted  for the original, by Mah. I i  of 1993, s.  6 (2). 

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1977 :  Mali. XXVLIIJ 

Maharashtra housing and Area 
Development Act,  1976 
(b)  to undertake, from time to time, the works ofmaintenance  and repairs 

in  respect  of  any  improvement  works  in  any  such  area; 

(e)  to collect,  from  time  to  time,  service charges  recoverable  by and  due 

to  it  in  any  slum  improvement  area; 

55 

(d)  to  collect  compensation  in  respect  of  Government  lands  included  in 

any  slum  improvement  area; 

(e)  to  do  all  other  things,  with  the  prior  approval  of  the  Authority,  to 
facilitate  exercising  of its  powers and performance  of its duties  under  this 
Chapter. 
105.  Tn  any  slum  improvement area,  the  Board  may,  on  such  terms and 
conditions  as  may  be  mutually  agreed  upon,  entrust  to  the  Municipal 
Corporation,  the  Municipal  Council  or  to  any  other  agency  recognised  by  it 
for  the  purpose,- 

(a)  the execution,  under its  own supervision,  of any  improvement works; 
(b)  the  maintenance  or  repairs  of  any  improvement  works  under  its 

control; 

(e)  the  work  of collection  of service  charges  recoverable  by  and  due  to 

it. 
106.  The State Government,  the Municipal Corporation,  or the  Municipal 
Council may assign  or entrust to  the  Board,  any property,  whether moveable 
or  immoveable  for  use  by  the  Board,  for  such  purposes  of this  Chapter  on 
such terms  and  conditions as may be agreed upon by the Board. It  shall  be 
the  duty  of  the  Board  to  use  such  property  for  the  purpose  for  which  it  is 
assigned  or  entrusted. 

107.  () Any  Municipal  Corporatîon  or  Municipal  Council  may  transfer 
to  the  Board  on  behalf of the  Authority  any  improvement  works  completed 
improvement  area  for  the  purpose  of maîntenance,  or  for 
by  it  in  any  slum 
any  other purpose  of this  Chapter  on  such  terms  and  conditions,  as  may  be 
mutually  agreed  upon,  and  it shall be  the  duty  of the  Board to  carry out the 
purpose  for  which  such  works  are  transferred. 

(2)  On  such  transfer  of the  improvement  works,  all  records  relating  to 

such  works  shall  be  transferred  to  the  Boards. 

108. 

(1)  Where  a  Board  upon  report  of  any  of its  officers  or  other 
information  in  its  possession  is satisfied  that any  area  is  or may  be  a source 
of danger  to  the health,  safety or  convenience  of the  public  of the  area  or of 
its  neighbourhood,  by  reason  of  such  area  having  inadequate  or  no  basic 
amenities,  or  being insanitary,  squalid,  overcrowded or  otherwise, and  where 
the  Board decides  to  carry  out  any  improvement works  in  such  area, it  shall 
cause  such area  to be defined in a map, and then it shall by an order published 
in  the  Official  Gazette,  declare such  area  to  be  a  slum  improvement area  and 
its  intention  to  carry  out  such  improvement  works  as  in  its  opinion  are 
necessary  and  are  specified  in  such  order.  A  copy  of such  declaration  shall 
be  displayed  in  conspicuous  places  in  such  area,  and  shall  also  be  served 
upon  the  owner,  occupier  and  mortgagee,  if any,  of the  property or  any  part 
thereof. 

i 

These  words were  substituted by  Mah.  25 of 1996,  s.  2,  Sch.,  para  (3). 

Power of 
Board  to 
entrust 
improvement 
works. 

Use  or 
property 
assigned  or 
entrusted or 
by 
Government, 
I [Muinbai 
Corporationi, 
etc. 

Transfer of 
improvement 
works  to 
Board. 

Declaration  of 
s'unì 
improvement 
area  and 
execution of 
slum 
improvement 
work. 

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56 

Ma/z.arashtra Housing a,z4 Area 
Development Act,,  1976 

[1977 :  Mah. XXVIII 

(2)  Any  person aggrieved by a declaration made under sub-section  (1) may, 
within  thirty days of the date such  declaration  in  the  Official Gazette. appeal 
to  the  Tribunal. 

(3)  On  an  appeal,  the  Tribunal  may  make  an  order  either confirming, 
modifying,  or  rescinding  the  declaration;  and  the  decision  of the  Tribunal 
shall  be  final. 

Improvement 

109.  For  the purpose  of this  Chapter,  the improvement works may  consist 

works.  of all  or  any  of the  following,  namely  :- 

(a)  laying  of water-mains,  sewers  and  storm-water  drain; 
(b)  provision  of  urinals,  latrines,  community  baths,  and  water-taps; 
(e)  widening,  re-aligning  or paving of existing roads,  lanes  and  pathways 

and  contructing  new  roads,  lanes  and  pathways; 

(d)  providing  street  lighting; 
(e)  cutting,  filling,  levelling  and  landscapping  the  area; 
(f)  partial  development  of  the  area  with  a  view  to  providing  land  for 
unremunerative  purposes,  such  as  parks,  playgrounds,  welfare  and 
community  centres,  schools,  dispensaries,  hospitals,  police  stations,  fire 
stations  and  other amenities  provided  or  conducted  on  a  non-profit  basis; 
(g)  demolition  of  obstructive  or  dilapidated  buildings  or  portion  of 

buildings; 

(h)  any other matter  for  which  in the  opinion of the  Board,  it  is  expedient 
to  make provision  for  preventing  the  area  from  being  or  becoming  a  source 
of danger  to  safety  or  health  or  a  nuisance. 

Association of 

110.  A  Board may  associate  with  it,  members  of the  local  bodies,  if any, 
for  the  purpose of preparation of plans and supervision  and  execution of any 

with  improvement  works  in  their  respective  areas. 

itnprovemert 
works. 

Powerof 

lU.  (i )  Where  a  Board  undertakes  the  improvement  works  in  slum 
recd:  improvement  area  and  is  of the  opinion  that  any  of  the  occupiers  thereof 
occupiors  to  should  vacate  their  premises,  it  shall  give  them  notice  to  vacate  by  a  date, 
vacate  or dates  specified in the notice. It may as far as practicable offer such occupiers 
alternative  sites  in  any  other  suitable  area  to  locate  these  premises.  If any 
occupier  fails  to vacate and to  shift his premises to the alternative  site offered 
to  him  within  the  specified  period,  the  responsibility of the  Board  to  provide 
him  alternative  site  shall  cease. 

premises. 

(2)  Where  any occupier  does  not vacate his  permises,  the  Board  may  take 
or  cause  to  be  taken  such  steps  and  used  or  cause  to  be  used  such  force  as 
may be  reasonably necessary for  the purpose  of getting the premises vacated. 
(3)  The  Board  may,  after  giving  fifteen  clear  days'  notice  to  the  persons 
removed under sub-section (2)  and affixing a copy  thereofin some conspicuous 
piace  in  the  area,  remove  or  cause  to  be  removed  or  dispose  of by  public 
auction  any  property  remaining  on  the  premises  vacated  under  that  sub- 
section. 

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1977  :  Mali. XXVIIIJ 

Maharashtra Housing and  Area 
Development Act,  1976 
(4)  Where  the  property  is  sold  under  sub-section  (3),  the  sale  proceeds 
shall  after  deducting  the  expenses  of sale  be  paid  to  such person  or  persons 
as  may  be  entitled  to  the  same: 

57 

Provided  that,  where  the  Board  is unable  to  decide  as  th  the  person  or 
persons to  whom the  balance of the amount is payable or as to  apportionment 
of  the  same,  it  shall  refer  such  dispute  to  a  civil  court  of  competent 
jurisdiction,  and  the  decision  of the  court  shall  be  final. 

112. 

(1)  A  Board  may  by  a  notice  affixed  or  exhibited  in  a  conspicuous  Restriction on 

place  in  a  slum  improvement  area  direct that  no  person  shall  erect  any 
building in a slum improvement area or carry out any additions or alterations  irnprovemnt 
thereto  except  with  its  previous  permission  in  writing. 

ill 

(2)  Every  per5on  desiring  to  obtain  permission referred  to  in  sub-section 
(1)  shall  make  an  application  in  writing  to  the  Board  furnishing  such 
informations  as  may  be  required  by  it. 

(3)  On  receipt  of  such  application  and  after  making  such  inquiry  as  it 

considers  necessary,  the  Board  may  by  order  in  writing- 

(a)  either grant  the  permission  subject  to  such  terms  and  conditions,  if 

any,  as  may  be  specified  in  the  order,  or 

(b)  refuse  to  grant such permission: 

Provided  that,  before  granting  the  permission  subject  to  terms  and 
conditions or  before making an order  refusing  such permission,  the applicant 
shall  be  given a  reasonable  opportunity  to  show  cause  why  such  terms  and 
conditions  should  not  be  imposed,  or  the  permission  should  not  be  refused. 

113. 

(1)  Where  the erection  or alteration  of any  building  or  any  addition  Others of 

thereto  has  commenced,  or  is being  carried  out,  or  has  been  completed,  in 
contravention  of the  provisions of section 112,  a  Board may,  notwithstanding  certain cases. 
the provision contained in any other law, direct by an order that such erection, 
alteration  or  addition  shall  be  demolished  by  the  owner  or  the  person who 
has  erected  the  building  or  carried  out  the  addition  or  alteration,  within 
such  time  as  may  be  specified  in  that  order.  On  the  failure  of the  owner  or 
such person to  comply with the order,  the builiding so  erected or the addition 
or alteration so  carried out  shall be  liable to summary demolition by an order 
of the  Board,  and  the  expenses  of such  demolition shall  be  recoverable from 
the  owner  or  such  person  as  arrears  of  land  revenue: 

Provided  that,  no  such  order  shall  be  made,  unless  the  owner or  person 

concerned  has  been  given  a  reasonable  opportunity  of being  heard. 

(2)  Any  property  ordered  to  be  demolished  under  sub-section  (1)  shall  be 
disposed  of as  the  Board  may direct,  and  the  cost of removal  of the  property 
under  this  section  shall  also  be  recoverable  as  arrears  of  land  revenue. 

(3)  For the  purpose  of causing  any  building  to  be  demolished  under  sub- 
section  (1 ),  the  Board  may  use  or  cause  to  be  used  such  force  as  may  be 
reasonably  necessary. 

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58 

Maharashtra Housing and Area 
Development Act,  1976 

Recovery of Dues of the Authority. 

[1977 : Mah. XXVII! 

Recoveryof 
service 

114.(1)  Where  improvement  works  have  been  executed  in  any  slum 
charges.  improvement  area,  any  expenses  incurred  by  a  Board  on  behalf of  the 
Authority or, by any other authority at the instance ofthe Board, in connection 
with  the  maintenance  of  such  improvement  works  or  the  enjoyment  of 
amenities  and  conveniences  rendered  possible  by  such  works,  shall  be 
recoverable  by  the  Board  as  service  charges  from  the  occupiers of the  slum 
improvement  area. 

(2)  The  amount  of  expenses  incurred  on  the  maintenance  of  works  or 
amenities  shall  be  determined  by  the  Board  in  respect  of  each  slum 
improvement area  separately and  shall  be  recovered  as  service  charges  from 
the  occupier  of each  building  in  the  area. 

Recoveiiyof 

. 

i 15.  (1 )  Where any  person is  in arrears  of service charges,  as  determined 
by  a  Board  in pursuance  of section  114,  the Board  may,  by  notice served,  (i) 
by  post,  or  (ii)  by  affixing  a  copy  of it  on  the  outer-door  or  some  other 
conspicuous part  of the  premises, or  (iii)  in  any  other manner that the  Board 
may  deem  proper,  order  that person  te  pay  the  same  within  such  time  not 
less  than  fifteen  days  as  may  be  specified  in  the  notice. 

(2)  Where any  person causes  any damage to  the property of the Authority 
or  the improvement works provided  by  the Authority,  the Board shall assess 
the  amount of such damages  and shall,  after serving notice  on  the person in 
the  manner  provided  in  sub-section  (1),  order that person to  pay the  amount 
of such  damages  within  such  time  as  may  be  specified  in  the  notice, 

(3)  If any  person  fails  to  comply  with  an  order made under  sub-section (1) 
or  (2),  the  amount  due  from  him  to  the  Authority  shall be  recoverable  as 
arrears  of  land  revenue. 

Appeal. 

116.  Any  person  aggrieved  by  an  order  of a  Board  under  sub-section  (1) 
or  (2)  of section  115  may,  within  thirty clays  of the  date  of the  order,  prefer 
an  appeal  to  the  Tribunal,  and  the  decision  of the  Tribunal  on  appeal shall 
be  final. 

Sluni Improvement Fund. 

117. 

Separate 

(1)  Where  improvement  works  have  been  executed  in  any  slum 
Improvement  improvement  area,  the  service  charges  recovered  from  the  occupiers  under 
Fund.  section  114  shall  be  credited  to  the  fund  of  the  Authority.  There  shall, 
however,  be  created  a  separate  fund  called  the  Maharashtra  Slum 
Improvement Fund (in  this  Chapter referred  to as  the 'Fund') and the amount 
so  credited  to  the  Fund  of the Authority  shall  be  transferred  to  the  Fund  so 
created. 

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1977 : Mah. XXVIII] 

Malmrashtra Housing and Area 
Development Act,  1976 

59 

(2)  The  amount  in  the  Fund  shall  be  expended  for  the  purposes  of  this 
Chapter.  The  State  Government  may  make  rules  regulating  all  matters 
connected  with  the  Fund,  including  the  manner  in  which  the  Fund shall  be 
maintained,  operated  and  expended. 

118. 

(1) The  State  Government  may pay  an  annual  contribution  10 the  Contribution 

Authority  of such  amount  as  may be  determined  by  the  Stale  Government. 

and local 
authority to 
Fund. 

(2)  The State  Government may,  after consultation with  the local  authority 
concerned,  direct such  local  authority  to  make an  annual  contribution  to  the 
Authority  for  the  purposes  of  this  Chapter. 

(3)  The moneys placed at the disposal  of the Authority under the provisions 
of this  Chapter  shall  form  part  of  the  Fund  and  shall  be  applied  for  the 
purposes  of this  Chapter. 

Mali. 

xx 

119.  Any  action  taken  by  the Maharashtra  Slum  Improvement  Board  Action taken 

under the  Maharashtra Slum Improvement Board Act,  1973,  shall be  deemed 
to  be  action  taken  by  the  Board  constituted  under  this  Act. 

under Mah. 

of 1973 
deemed to  be 
taken under 
this Act. 

Establishment of Panchayats in Slum Improvement Areas. 

120.  The  Board  may,  with  the  approval  of  the  Authority  establish,  by  Establishment 
notification  in  the  ofria1 Gazette,  a Panchayat for  any  slum  improvement  of PanehayaL 
area. 

121.  Every  such  Panchayat shall  be  a  body  corporate  by  the  name  of  incorporation 
L'  The  (Slum  Improvement Area) Panchayat," as may be given  by  the  Board,  otPanc/iayat. 
having  perpetual  succession  and  common  seal,  with  power  to  acquire,  hold 
and  dispose  of property,  both  moveable  and  immoveable,  and  to  contract, 
and  may  by  the  said  name sue  or  be  sued. 

122. 

(1)  Every  Panchayat shall have  a  Sarpanch, a  Upa-Sarpanch and  Constitution 
other  members,  not being  less than  3  and  more  than  13,  as  the  Board  may  of Panchayal. 
with  the  approval  of  the  Authority  determine. 

(2) The members ofa Panchayat including the Sarpanch and Upa.Sarpanch 
shall  be  nominated  by  the  Board  from  amongst  the  residents  of the  slum 
improvement  area.  The  names  of the  members  so  nominated  shall  be 
published  by  the  Board  in  the  Offickzl Gazette; and  on the  publication  of the 
names of members  in  the  Official Gazette,  the Panchayat shall  be  deemed  to 
be  duly  constituted. 

123.  A  person shall  be  disqualified  for being  nominated  or for continuing  Diva1ifica- 

as  a  member  of  the  Panchayat,  if  he  has  become  subject  to  any  of  the 
disqualifications  specified  in  section  11. 

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60 

Term ofoffice 

Of: 
conditionsof 
service. 

Commence- 
ment of term 

Maharcxshtra  Housing  and Area 
Development Act,  7976 

[1977 : Mah. XXVIiI 

124. 

(1)  The  members  of a  Panchayat  shall,  save  as  otherwise  provided 

in  this  Chapter,  hold  office  for  a  term  of  three  years. 

(2)  The  Board  may  by  order  in  writing  and  for  reasons  recorded  therem 
extend  the  said  term  for a  period  not  exceeding  five  years  in  the  aggregate. 

(3)  The  remuneration  and  other  conditions  of  service  of  the  members  of 
the  Panchayat  including  Sarpanch  and  Upa-Sarpanch shall be  such  as  the 
State  Government  may,  by  order,  determine. 

(4)  The  remuneration  and  allowance  to  the  members  of  the  Panchayat 

shall  be  paid  from  the  Panchayat  Fund. 

(5)  Notwithstanding  anything  contained  in  this  Chapter,  if a  member  of 
the  State  Legislature  is  appointed  as  member  of the  Panchayat  (including 
the  Sarpanch  and  Up-Sarpanch  thereof),  he  shall  not  be  entitled  to  receive 
any  remuneration  other  than  travelling  allowance,  daily  allowance  or  such 
other  allowance  which  is  paid  to  member  of the  Panchayat  for  the  purpose 
of  meeting  the  personal  expenditure  incurred  in  attending  the meeting  of 
the  Panchayat  or  in  performing any  other  functions  as  such  member. 

125.  The  term  of office  of  the  members  of a  Panchayat  shall  be  deemed 
commence  from the  date of the Gazette in which  their names are published 

ofoffice.  under  section  122. 

Resignation of 

members 

126.  Any  member ofthe Panchayat may resign his  office by  writing under 
his hand  addressed to the Sarpanch.  The  Upa-Sarpanch  may resign  his  office 
.  of Upa-Sarpanch  or ofniember also by  like writing addressed to the Sarpaneh. 
The  Sarpancli  may  resign his  office  of Sarpanch  or  of  member  also  by  like 
writing  addressed  to  the  Chairman.  The  notice  of  every  such  resignation 
shall  be  delivered  in  the  prescribed  manner,  and  the  office  concerned  shall 
thereupon  become  vacant. 

Motion ofno- 

127.  (1) A  motion  of no-confidence  may  be  moved  by  any  member  of a 
confidence.  Pznchayat against the Sarpanch or the Upa-Sarpanch,  after giving such notice 

thereof as  may be  prescribed. 

(2)  1f  the  motion  is  carried  by  a  majority of not  less  than  two-third  of the 
total  number  of the  then  members  of the  Panchayat, the  Sarpanch or  the 
Upa-Sarpanch, as the  case  may  be,  shall  cease  to  hold  office,  after  a  period 
of three  days  from  the  date on  which  the  motion  was  carried,  unless  he  has 
resigned  earlier,  and  thereupon  the  office  held,  by  such  Sarpanch  or 
Upa-  Sarpanch,  shall  be  deemed  to  be vacant. 

(3)  Notwithstanding  anything  contained  in  this  Chapter  or  the  rules  and 
regulations  made  thereunder,  a  Sarpanch  or  an  Upa-Sarpanch  shall  not 
preside over a meeting in which a motion ofno-confldence  is discussed against 
him;  but  he  shall  have  right  to  speak  or  otherwise  to  take  part  in  the 
proceedings  of such  a  meeting  (including  the  right to  vote). 

(4)  In  cases  where  the  offices  of  both  the  Sarpanch and  Upa-Sarpanch 
become  vacant  simultaneously,  the Board  may  appoint  an  officer,  pending 
the  nomination  of another  Sarpanch  and  Upa-Sarpa.nc/i.  to  exercise  all  the 
powers  and  perform  all  the  functions  and  duties  of  the  Sarpanch.,  but  such 
officer  shall  not  have  the  right  to  vote  in  any  meetings  of the  Panchayat. 

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Maharashira  Housing  and Area 
Development Act,  197G 
128.  The  Panchctyat  shall  meet  at  such  intervals  and  follow  such 

procedure  for  its  meetùigs  as  may  be  prescribed. 

129.  The Sarpanch  and  the  Up-Sarpanch  shall  exercise such powers  and 

perform  such  functions  as  may  be  prescribed. 

61 

Meeting of 
Punelzayat 
and produre 
to be followed. 

Powers of 
Sarpanch and 
Upa- 
Sa.rpc:nch. 

130. 

(1) The  Board  may with  the  approval  of the  Authority remove  from  Removal from 

office  any  member  including the  Sarpan-cli  or  Upa-Sarpanch,  who  has  been  office. 
guilty  of misconduct  or  neglect  of,  or  incapacity  to  perform,  his  duty,  or  is 
persistently  remiss  in  the  discharge  thereof: 

Provided  that,  no  such  person  shall  be  removed  from  office,  unless  the 
Chairman or  any  other  officer  of the  Board  authorised  by  him  in  this  behalf 
holds  an  enquiry  after  giving  due  notice  to  the  Panchayat  and  the  person 
concerned;  and  the person concerned has been  given a reasonable opportunity 
of being  heard  and  thereafter,  the  Chairman  or  the  said  officer,  as  the  case 
may  be,  submits  his  report  to  the  Board. 

(2)  Where a  person  is removed  from  office  of the Sarpanch,  Upa-Sarpanch 
or  member,  he  shall  not  be  eligible  for  renomination  as  Sarpanch, 
Upa-Sarpanch  or  member,  during  the  remainder  of the  term  of the  office  of 
members  of  the  Panchayat. 

131.  If any  vacancy  occurs  due  to  the  disablement,  death,  resignation,  Fillingup of 

disqualification,  absence  without leave  or  removal or  otherwise  of Sarpanch  vacanceH. 
or  Upa-Sarpanch  or  other member,  it shall be  filled by nomination of another 
Sarpanch or  Upa-Sarpanch  or  member,  who shall  hold  office  so  long only  as 
the  Sarpanch,  Upa-Sarpanch  or  member  in  whose  place  he  has  been 
nominated,  would  have  held  office  if the vacancy  had  not  occurred. 

132. 

(1)  During any  vacancy  in  the  Panchayat,  the  continuing  members  Vacancy not 

may  act  as  if no  vacancy had  occurred. 

- 

(2)  The Panchayat  shall  have  power  to  act  notwithstanding  any  vacancy 
in  the  membership  or  any  defect  in  the  constitution  thereof;  and  such 
proceedings  of  the  Panchayat  shall  be  valid  notwithstanding  that  it  is 
discovered  subsequently that some  person  who  was  not  entitled  to  do  so  sat 
or  voted  or  otherwise  took  part  in  the  proceedings. 

(3)  No  act  or  proceedings  of a  Pan.chayat shall  be  deemed  to  be  invalid on 
account  of  any  defect  or  irregularity  in  any  such  act  or  proceedings  not 
affecting the  merits of the case  or on  account of any irregularity in the  service 
of notice  Ul)Ofl any  member  or  for  mere  informality. 

1 

.11CI 

proceedmgsof 

anc aat. 

133. 

(1)  If,  in  the  opinion  of the  Board,  a  Panchayat  exceeds  or  abuses  Dis5olution or 

its  powers  or  is  incompetent  to  perform,  or  makes  persistant  default  in  the 
performance  of,  the  duties  imposed  on  it  or  ftinctions  entrusted  to  it,  by  or  for default. 
under  this  Chapter  or  fails  to  obey  an  order made  by the 
Boards  the  Board 
may,  with  the  approval  of the  Authority,  after  giving  the  Panchayat  an 
opportunity  of rendering  an  explanation,  by  order  in  the  Official  Gazette- 

(i)  dissolve  such  Panchayat,  or 

(ii)  supersede  such Panchayat  for  the  period  specified  in  the  order. 

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Maharashtra Housing and Area 
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[1977 :  Mah' XXVIII 

(2)  When  a  Panchayat is  so  dissolved  or  superseded,  the  following 

consequences  shall  ensue,  that  is  to  say,- 

(a)  all  members  of the  Panchayat  shall,  in  the  case  of  dissolution,  as 
from  the  date  specified  in  the  order  of  dissolution,  and  in  the  case  of 
supersession,  as  from  the  date  of the  order  of  supersession,  vacate  their 
office  as  such  member; 

(b)  all  powers  and  duties  of the  Panc/zayat  shall,  during  the  period  of 
dissolution or  supersession,  be  exercised  and  performed  by  such  ierson or 
persons  as  the  Board  may,  from  time  to  time,  appoint  in  that  behal1 

Cc)  all  property  vested  in  the  Paiichayat  shall,  during  the  period  of 

dissolution  or  supersession,  vest  in  the  Board. 

Functions of the Panchayat, Finance  and  Control. 

Duties of 

134  Where  the  Board  entrusts  all  or  any  of its  powers  or  duties  under 
Panchaycit.  clauses  (b),  (c),  (d)  and  (e)  of section  104 to  a Panchayat,  the Panchayat shall, 

subject  to  the  superintendence, direction  and  control  of the  Board,- 

(a)  undertake the  works  of maintenance  and  repairs  in  respect  of  any 
improvement  works  executed  by  the  Board  and  handed  over  to  the 
Panchayat  for  maintenance; 

(b)  collect  service charges  in  connection with  the  maintenance  of 

improvement works  handed  over  by  the  Board  to  the  Panchayat; 

(c)  recover compensation  from the  occupiers  of Government lands falling 

within  the  jurisdiction of the  Panchayat; 

(d)  report to  the Board  forthwith any  damage  done  to  the  improvement 

works;  and 

. 

(e)  do  all  other  things  which  the  Board  may  from  time  to  time  require 
it;  to  do.  The  rate  of service charges  to  be  recovered under  clause  (b)  of this 
section shall  be  determined by  the Board, and  the rate  of compensation to 
be  recovered  under  clause  (e)  of  this  section  shall  be  determined  by  the 
State  Government. 
135. 

Certain 

(1)  Notwithstanding  anything contained  in  any  law  governing  the 
eMcez to be  local  authority  concerned,  a  Municipal  Corporation,  a  Municipal  Council  or 
provided by  any  other local authority having jurisdiction in any  slum  improvement  area, 
local  shall  provide  water supply  and  drainage  and  scavenging,  cleansing,  lighting 
authority and  and  other  services,  in  the  said  area, as  it  provides  in  other  areas within its 
jurisdiction,  and  also  such  additional  services,  as  the  Board  may  in  respect 
be 

for collection  of any  slum  improvement  area  speci1'  in  this  behalf. 
and  payment 

(2)  Where  there  is a Panchayat,  the  Panchayat shall be  responsible  to  the 
local  authority  to  collect  from  the occupiers  and other persons  liable  therefor 
the  taxes,  fees  and charges  due  for  the  services  so  provided,  and  to  arrange 
to  pay  the  amount  due  from  time  to  time  to  the  local  authority  concerned. 
136.  (1) The  Board  may  assign or entrust  to  the Panchayal  any property, 
properLy  whether  inoveable or  immoveable, for  use by the Panchayat  for  the  purposes 
assigned or  of this Chapter on such terms and  conditions as may be specified by the Board 
behalf of the Authorìty.  It shall  be  the  duty of the  Panchayat to use such 
entrusted by 

Use of 

Board.  property  for  the  purpose  for  which  it  is  assigned  or  entrusted. 

(2)  With  the  approval  of  the  Board,  a  Panchayat,  may  utilise  any  open 
space  in  the  slum  improvement  area  for  common  purposes  such as  those 
specified  in  clause  QC)  of section  109. 

Violation of 

137.  The  Panchayat  shall  ensure  that  no  new  building  is  erected  within 
direction  its jurisdiction  in  contravention  of any  direction  issued  by  the  Board  under 
under section  sub-section (1) of section  1 12.  If any new building is  so erected,  the Panchayat 

i 12W.  shall  immediately  make  a  report  to  the  Board. 

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1977 :  Mah. XXVIII1 

Maharashtra- Housing and Arca 
Development Act,  1976 

63 

138.  The Pwichayat shall  assisl  the Board in carrying out demolition  of  Assistance to 

any  building  under  section  113. 

Board  fbr 
carrying out 
demolition. 

139rn 

(1) For the  purposes ofthis Chapter,  the Sarpanch. shall  be competent  Contracth. 

to make and execute on behalfofthe Panchayat, any contract with  any person: 
Provided  that,  no  contract  shall  be  made  unless  specifically  authorised  by 
the Panchayat  by passing  resolution  to  that effect,  and  no  contract  involving 
an  expenditure  exceeding  Rs.  1,000  shall  be  made  without  the  previous 
sanction  of  the  Chairman. 

(2)  Every contract  shall  be  entered  into  in  such  manner and  form  as  may 

be  prescribed. 

140. 

(1)  When  any  compensation,  service  charges,  tax,  fee  or  other  sum  Recove' of 

has become due, which a Panchayaf is authorised to  collect under this Chapter,  compensation, 
the  Panchayat  shall,  with  the  least  practicable  delay,  cause  to  be  presented  service 
to  the  person  liable  for  the  payment thereof a bill  for  the  amount  due  from  chargeh.  eLe. 
him  specifying  the details  of the claims  and the  date on  or  before which  the 
amount  shall  be  paid. 

(2)  If any  person  fails  to  pay  the  amount  due  on  or  before  the  specified 
date,  the  Panchayat shall  cause  a  writ  of demand  in  the  prescribed  form  to 
be  served  on  the  defaulter. 

(3)  The  presentation  of every  bill under  sub-section  (1)  and  the  service  of 
every  writ  of demand  under sub-section  2)  shall  be  effected  by  an officer  or 
servant  of a  Panchayat in  this  behalf- 

(a)  by giving or  tendering  the  bill  or  writ  to  the  person  to  whom  it  is 

addressed;  or 

(b)  if such  person  is  not  found,  by  leaving  the  bill  or  writ  at  his  last 
known  place  of abode,  if within  the  limits  of the  Panchayat by giving  or 
tendering the  bill  or  writ  to  some  adult  male  member  or  servant  of his 
family;  or 

(e)  if  such  person  does  not  reside  within  the  limits  of the  Panchayat, 
and  his  address  elsewhere  is  known  to  the  Sarpanch  or  other  person 
directing  the  issue  of the  bill  or  writ,  then  by  forwarding  the  bill  or  writ 
to  such  person  by  registered  post,  under  cover  bearing  the  said  address; 
or 

(d)  if none  of the means  aforesaid  be  available,  then by causing the  bill 
or  writ  to  be  affixed  on  some  conspicuous  part  of the  building  or  land,  if 
any, to which the bill or writ relates  in  the presence of at least two Panchas. 
(4)  If the  amount  for  which  a writ  of demand  has  been  served  is  not  paid 
within  thirty  days from  the  date  of such  service,  the Panchayat  may recover 
such  sum  by  distraint  and  sale  of the moveable  property  of the  defaulter in 
the  prescribed  manner. 

(5)  If a  Panchayat is unable to  recover  the amount due as aforesaid, it may 
furnish  to  the  Board  a  statement  of  the  arrears  due  with  a  request  for  the 
recovery  of  the  same,  and  the  Board  shall  proceed  against  the  person  to 
recover  the  same  as  if they  are  arrears  of  land  revenue. 

(6)  For  any  amount  recovered  by  the  Panchayat  under  this  section,  a 
written  receipt  shall  be  given  to  the  person  concerned  in  such  form  and  in 
such  manner  as  may  be  prescribed. 

141. 

(1 )  For every Panchayat there shall  be  a fund,  which shall  be  called 

the  Panchayat  fund. 

'aflcY«- 
fund. 

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Maharashtra  Housing  and Area 
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[1977 : Mah.  VllI 

(2)  The  following  shall  be  paid  or  deposited  into  the  Panchayat  fund, 

namely :- 

(a)  the  proceeds  of  service  charges  collected  under  clause  (b)  of section 

134; 

(b)  the  proceeds  of compensation  collected  under  clause  rc.)  of  section 

134; 

(c)  the  1)rOCeeds  of any  taxes, fees  or  charges due  to  a  local  authority 

collected  under section  135; 

(d)  all  sums  received  from  the  Board  on  behalf of the  Authority; 
(e)  all  sums  received  by  the  Panchayat  from  other  sources  by  way  of 

Application of 

grant,  gift  and  contribution  or  otherwise. 
142.  All  sums  received  by  a  Panchayat in  accordance  with  the provisions 
iancJzyt  of this  Chapter shall  be  applied  subject  to  the  provisions  and for  the  purpose 
n  .  of this  Chapter  and  all  such  sums  and  the Panchayat  fund  shall  be  kept  in 

such  custody  as  may  be  prescribed. 

Appointment 

143. 

(7) A  Panc/zayat  may, with  the  approval  of the  Board,  appoint  such 
otservants.  servants  as  may  be  necessary  for  the  proper  discharge  of  its  duties  under 
this Chapter and  pay their salaries and  allowances from  the Panchayat  fund. 
The Panchayat may,  from time to  time, by written order, fine, suspend, remove 
or  dismiss  any  servant  appointed  by  it: 

Provided  that,  no such  order  shall be  passed by  the Panchayat  unless  the 

servant is  given  a  reasonable  opportunity  of  being  heard. 

(2)  An  appeal shall  lie  against any  such  order  passed  by  the  Panc/zayat  to 
the  Chairman  or  any  officer  of  the  Board  authorised  by  him  in  this  behalf, 
within one  month from the date  of communication  of the order to  the servant, 
and the decision of the Chairman or the said officer, as the case may be,  shall 
be  final: 

Provided  that, no  such appeal  shall be  decided  unless the  servant is given 

a  reasonable  opportunity  of being  heard. 

Budget and 

144.  (1)  A  Parichayat  shall  submit  annually  to  the  Board  on  or  before 

accounts.  such  date  and  in such  form as may be  prescribed  a  statement of- 

(a) the opening balance in the Panchayat  fund and  the estimated receipts 

by  the  Panchayat  for  the  following  year; 

(b)  the  expenditure  proposed  on  establishment  and  discharge  of its 

duties. 
(2)  The  Board  shall  within  two  months  from  the  date  of receipt  of such 
statement  either  approve  the  same  or  direct  that  the  proposed  expenditure 
on  any  of the  duties  be  increased  or  decreased 

Provided  that,  if the  Board  fails  either  to  approve  such  statement  or  to 
direct  that  the  expenditure  on  any  of the  duties  be  increased  or  decreased, 
within  two months  from  the date of receipt of such statement,  the statement 
shall  be  deemed  to  have  been  duly  approved  by  the  Board. 

(3)  The  Sarpanch  shall  keel)  or  cause  to  be  kept  the  accounts  of the 
Panchayat  in  such  form  as  may  be  prescribed.  He  shall  prepare  an  annual 
report  of  the  administration  of the  Panchayat  and  shall  place  the  accounts 
and  the report  for  approval  before  the  Panchayat.  The  annual  statement  of 
such  accounts  together  with  the  annual  report  as  approved  shall  be  sent  to 
the  Board  on  or  before  such  date  and  in  such  form  as  may  be  prescribed. 

145.  The  Board  shall  have  power- 
(a)  to  call  for  any  proceedings  of a  Panc/&ayat  or  an  extract  there  from, 
flY book  or document  in  the  possession  or  under the  control of a  Pan.chayat, 
and  any  return,  statement,  account  or  report  which  the  Board  thinks  fit  to 
require  such  Pcznchayat  to  furnish;  and 

Power to call 

proceedings 
etc. 

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1977  :  Mah. xxv-11:11 

Mahczrashtra Housiiig and Area 
Development Act, 1976 

65 

Power of 
Chairman  or 
any  officer to 
inspect  office 
of Panchayat. 

Power of 
authorised 
officer or 
person to 
inspect  and 
give technical 
guidance. 

Audit of 
account of 
Pünchiiya. 

(b)  to  require  a  Panchayat take  into  consideration- 

(i)  any  objection  which  appears  to  the  Board  to  exist  to  the  doing  of 
anything  which  is  about  to  be  done,  or  is  being  done,  by  such  Pwzc/iayc.tt; 
or 

(ii) any information  which  the Board is  able  to furnish and which appears 
to  the  Board  to  necessitate  the  doing  of  a  certain  thing by  the Panchayat, 
and to submit a written reply to the Board within a reasonable time stating 
its  reasons  for  not  desisting  from  doing  or  for  not  doing  such  things. 
146.  The  Chairman  or  any  other  officer  authorised by  him  in  writing  in 
this  behalf may  at all  reasonable  times enter  the  office of any Panchayat and 
inspect  any  records,  register  or  other  document  kept  therein;  and  the 
Panchayat  shall  comply  with  the  inspection  notes,  if any,  made  by  the 
Chairman  or,  as  the  case  may be,  such  officer. 

147.  If for  the  purpose  of  efficient  and  economical  maintenance  of  any 
works undertaken  by a Panchayat,  an officer or  person authorised by  general 
or  special  order  of the  Board  considers  it  necessary for  that  purpose  to  give 
technical  guidance  or  assistance  to  the  Panchayat, then the officer  or  person 
so  authorised  may  periodically  inspect  such  works  and  may  give  such 
guidance, assistance or advice as he thinks necessary in relation to  such works; 
and  shall  forward  to  the  Sarpanch through  the  Chairman,  a  report  on  the 
inspection  ruade,  pointing  out  therein  any  irregularities  noticed,  and  his 
suggestions  for  improvement. 

148. 

(1)  The  audit of the  accounts  of a Panchayat  shall be  carried  out by 
the State  Government in  such  manner as  it  deems  fit and  copy  of the audit 
note shaH  be  forwarded  to  the Board  and  the Panchayat, within  two months 
of  the  completion  of the  audit. 

(2)  On receipt of the  audit  note  referred to  in  subsection (1),  the 
Panchayat, shall either remedy  any defects  or irregularities,  which may  have 
been  pointed  out in the  audit note  and  send  to  the Board  within two  months 
an  intimation  of its  having  done  so,  or  shall,  within  the  said period,  supply 
to  the  Board  any  further  explanation  in  regard  to  such  defects  or 
irregularities  as  it may  wish  to  give. 

(3)  On  receipt of such intimation or explanation,  the Board  may, in  respect 

of  all  or  any  of the  matters  discussed  in  the  audit note,- 

(a)  accept  the  intimation  or  explanation  given  by  the  Panchayat and 

recommend  to  the  Authority  to  drop  the  objection; 

(b) suggest that the matter be  reinvestigated at  the next audit  or at any 

earlier  date;  or 

(c)  hold  that  the  defects  or  irregularities  pointed  out  in  the  audit  note 

or  any  of them,  have  not  been  removed  or  remedied. 
(4)  The  Board  shall  send  a report  of  its  decision  to  the  Authority  within 
one month ofthe date ofreceipt by  it  ofthe intimation  or explanation referred 
to  in  sub-section  (2),  or  in  the  event  of the  Panchayat  failing  to  give  such 
intimation  or  explanation on  the  expiry  of the  period  of two  months referred 
to  in  the said  sub-section  (2),  and  shall  forvard  a  copy  of such  report  to  the 
auditor,  and  the  Panchayat.  If  the  Board  holds  that  any  defects  or 
irregularities  have  not  been  removed  or  remedied,  the  Board  shall  state  in 
the  report  whether  in  its  opinion  the  defects  or  irregularities  can  be 
regularised,  and  if so,  by  what  method,  and  if they  do  not  admit  of being 
regularised, whether  they can  be condoned,  and  if so, by  what authority.  The 
Board  shall  also  state  whether  the  amounts  to  which  the  defects  or 
irregularities  relate  should  in  its  opinion  be  surcharged  or  charged  as 
hereinafter  provided. 

(5)  The Authority may,  after considering  the report  of the  Board  and  after 
making  such  further  enquiry  as  it  considers  necessaiy,  disallow  any  time 
which appears  to  it  to  be  contrary  to  law  and  surcharge  the  same on  the 

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Mahara.s/itra  Housing and Area 
Development Act,  1976 

[1977 : Mah XXVIII 

person  making  or  authorising the  making  of  the  illegal  payment,  and  may 
charge  against  any person responsible  therefor  the  amount of any deficiency 
or  loss  caused  by  the  gross  negligence  or  misconduct  of that person,  or,  any 
sum  received,  which  ought  to  have  been,  but  is  not,  brought  into  accounts, 
by  the  pe'son,  and- 

(a) if the  person on  whom  the surcharge or charge  is  made be  a member, 
direct  the  Board  to  proceed  against  him  in  the  manner  provided  in  sub- 
sections (2)  and  (8)  of section  151;  and 

(b)  if the  person  on  whom  the  surcharge  or  charge  is  made  is  not  a 
member,  then  after taking  his  explanation direct  by  order in  writing that 
such  person shall  pay to the  Panchayat the  amount surcharged or charged, 
and  if the  amount  is  not  so  paid  within  one  month,  the State  Government 
may  recover  as  arrears  of  land  revenue  and  credit  it  to  the  Panchayat 
fund. 
(6)  Any  person  aggrieved  by  an  order  of surcharge  or  charge  made  under 
this  section  may,  within  one  month  from  the  receipt  by  him  of the  decision 
of the  State  Government,  apply  in  Greater Bombay  to  the  City  Civil Court, 
and  elsewhere,  to  the  District  Court  to  modiQy  or  set  aside such  order; and 
the  Court  after  taking  such  evidence  as  it  thinks  necessary,  may  confirm, 
modify  or  remit  such  surcharge  or  charge  and  make  such order  as  to  costs 
as  it thinks  proper  in  the  circumstances. The  order made  by the  Court shall 
be  final. 
149. 

(1)  In  cases  of emergency,  the  Board  may  provide  for  the  execution 
Execution of 
works in case  ofany work or the doing ofany act which a Panchayat is empowered  to execute 
ofeniergency.  or  do,  and  the  immediate  execution  or  doing  whereof  is,  in  its  opinion, 
necessary  for  the  health  or  safety  of the  public,  and  may  direct  that  the 
expense of executing  the work  or doing the  act shall  be  forthwith paid by  the 
Panchayat: 

Provided  that,  the  Board  may  direct  the  Panchayat  to  pay  the  amount of 
actual expenses or an  amount not  exceeding  10 per cent.  ofthe annual income 
of the  Panchayat for  the  year  immediately  preceding,  whichever  is  less. 

(2)  If the  expenses  are  not  so  paid,  the  Board  may,  by  order,  direct  the 
person in  whose  custody  the  Panchayat  fund  is  kept  to  pay  such expense  or 
so  much  thereof as  is  possible,  from  the  balance  of such  fund  in  his  hands, 
and  such  person  shall  comply  with  such  directions.  Any  payment  made 
pursuant to  such  order shall  be a  sufficient  discharge to  such person  from all 
liability  to  the  Panchayat in  respect of  the  sum  so  paid. 

Pwwhayal to 

150.  A  Panchayat  shall  conform  to  any  instructions  that  may,  from  time 
conforin to  to time, be given by the Aurhority or Board, in  the execution by the Panchayat 

ms:; of its  duties  and  functions  under  this  Chapter. 

. 

Board. 

151. 

(1)  Every  member  of a  Panchayat  shall  be  personally  liable  for  the 
Liability of 
members for  loss, waste or misapplication  of any money  or other property  of the Panchayat 
loss, waste or  to  which  he  has  been  party  or  which  has  been  caused  or  facilitated  by  his 
misappica-  misconduct,  gross  neglect  of his  duty  as  a  member. 

(2)  If  after giving  the  member  concerned  a  reasonable  opportunity  for 
showing  cause  to  the  contrary,  the Board  is  satisfied that  the loss,  waste or 
misapplication  of  any  money  or  other  property of  the  Panchayat  is  direct 
consequence  of misconduct  or  gross  neglect  on  his  part,  the  Board  shall  by 
order  in  writting  direct  such  member  to  pay  to  the  Panchayat before  fixed 
date,  the  amount  required  to  reimburse  it  for  such  loss,  waste  or 
misapplication. 

(3) 

If the  amount is not  so  paid, it shall  be  recoverable  as arrears  of land 
revenue  on  a  certificate  of an  officer  appointed  by  the  State  Goverunent in 
this  behalf and  when  recovered,  the  Board  shall  credit  it  to  the  Panchayat 
fund. 

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1977 :  Mali. XXVIII] 

Maharashtra Housing and Area 
Deuclopinent Act,  1976 
(4)  Any  person  aggrieved  by  the  decision  of the  Board  under  this  section 
may  apply  to  the  Court  as  provided  in  sub-section  (6)  of section  148,  within 
the like  time  for redress  of his gricvance  and  that  Court  may pass  any order 
thereon  which  it  can  pass  under that  section. 

67 

152.  It  shall  be  lawful  for  any  person authorised  by  a Panchayat  in  this  Entry for 

behalf to  enter into or upon  any building  or land  in  a slum  improvement  area 
the  purposes  of exercising  any  powers  conferred  or  duties  imposed  on 
for 
the Panchayat,  and  to  execute  necessary  works  authorised  by  or  under  this 
Chapter. 

ap  er. 

Other powers of the Authority under this  Chapter. 

153.  The  Authority  may,  by  general  or  special  order,  authorise  any  Powcrof 

inspecLion. 

person,- 

(a)  to  inspect  any  drain,  latrine,  urinal,  cesspol,  pipe,  sewer  or channel  in 
or on  any  building  or  land  in  a  slum  improvement area  and in  his  discretion, 
to  cause  the  ground  to  be  opened  for  the  purpose of  preventing  or removing 
any  nuisance  arising from  the  drain,  latrine,  urinal,  cesspool,  pipe,  sewer or 
channel,  as  the  case  may  be; 

(b)  to  examine  works  under  construction  in  a  slum  improvement  area,  to 

take  levels  or  to  remove,  test,  examine,  replace  or  read any  meter. 

After  such  inspection  and  taking  necessary  action  for  preventing  or 
removing the  nuisance, if any,  the  ground and  other  works which are  opened 
shall  be  filled  in,  reinstated  or  made  good,  as  the  case  may  be. 

154.(1)  Any  person  authorised  by  a  Board  in  this  behalf may,  with  or  Power to enter 
without assistants or workmen, enter  on any  land within one hundred metres  1fld adjoifliflg 
of any work authorised by  or under this Chapter for the  purpose of depositing 
thereon  any  soil,  gravel,  sione  or  other  materials,  or for  obtaining  access  to  progress. 
such  work  or  for any  other  purposes  connected  with  the  carrying  on  of the 
same. 

(2)  The  person so  authorised  shall, before entering  on any  land under sub 
section (1 )  state the  purpose  thereof,  and  shall,  if so  required  by  the occupier 
or owner,  fence off so much  of the  land  as  may  be  required for  such  purpose. 
(3)  The  person  so  authorised  shall,  in  exercising  any  power  conferred  by 
this section,  do as  little damage as  may be  and compensation shall be payable 
by the Board  on behalf of the Authority  to  the owner  or occupier  of such  land 
or  to  both  for  any  such  damage,  whether  permanent or  temporary. 

155.  It  shall  be  lawful  for  any  person  authorised  in  writing by  a  Board  1'owr to enter 

in this  behalf to  make an  entry into  any  place,  to  open  or cause  to  be  opened  any place. 
any  door,  gate  or  other  barrier- 

(a)  if he  considers  the  opening  thereof  necessary  for  the  purpose  of  such 

entry;  and 

(b)  if the  owner  or  occupier  is  absent,  or  being  present,  refuses  to  open 

such  door,  gate  or  barrier. 

156.  Save as  provided  in this Chapter, no building or  land shall be  entered  Occupier's or 

without  the  consent  of  the  occupier  or,  if there  be  no  occupier,  of the  owner 
thereof,  and  no  such  entry  shall  be  made  without  giving  such  occupier  or 
owner,  as  the  case  may  be,  not  less  than  twenty-four  hours,  written  notice  be obtained. 
of the  intention to  make  such  an entry 

Provided that, no such notice shall  be  necessary,  if the place  to  be  inspected 

is  a  shed  for  cattle  or  a  latrine,  urinal  or  a  work  under  construction. 

II-187-(7) 

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68 

Maharaslitra Housing and Area 
Development Act,  W76 

[1977 :  Mah. XXVIII 

Power to 

157.  A Board may,  by  order  in writing, direct any person  carrying  on any 
offenciv:or  dangerous or  offensive  trade  in a slum  improvement area to remove the trade 
dan;erous  from  that  area  within  such  time  as  may  be  specified  in  the  order: 

trades 

Provided that,  no  order under  this section  shall be  made  unless the  person 
improvemeut  carrying  on  such  trade has  been  given a  reasonable  opportunity  of showing 

;r:: 

areas  cause  as  to  why  the  order  should  not  be  made. 

Penalties. 

158. 

(1) Whoever fails  to comply  with  any  notice, order or direction issued 
or  given  under  this  Chapter  shall,  on  conviction,  be  punished  with 
imprisonment  for  a  term  which  may  extend  to  three  months,  or  with  fine 
which  may  extend  to  one  thousand  rupees,  or with  both. 

(2)  Whoever  commences  or  causes  to  be  commenced  any  work  in 
contravention  of section  112,  or  of any  terms  or  conditions  imposed  under 
sub-section  (3)  of  that  section,  shall,  on  conviction,  be  punished  with 
imprisonment for a  term which  may extend to six months, and with fme which 
may  extend  to  one  thousand  rupees. 

(3)  Whoever  obstructs the  entry  of any  person authorised  by  or under  this 
Chapter  to  enter  into  or  upon  any  building  or  land  or  molests  such  person 
after  such  entry  or  incites  or  instigates  or  abets  such  obstruction  or 
molestation  shall,  on  conviction,  be  punished  with  imprisonment  for  a  term 
which  may  extend  to three  months,  and with  line  which  may  extend to  one 
thousand  rupees. 

(4)  If a  person  committing  an  offence  under  this  Chapter  is  a  company, 
every  person  who at the  time the offence  is  committed was  in charge  of,  and 
was responsible to, the company for the conduct ofthe business ofthe company 
as well  as the  company,  shall be  deemed  to  be guilty  of the  offence  and  shall 
be  liable  to  be  proceeded  against  and  punished  accordingly: 

Provided that,  nothing contained in this  sub-section shall  render any  such 
person  liable  to  any  punishment  provided  in  this  Chapter, if he  proves  that 
the  offence  was  committed  without  his  knowledge  or  that  he  exercised  all 
due  diligence  to  prevent  the  commission  of  such  offence. 

(5)  Notwithstanding anything contained in sub-section (4) where an offence 
under  this  Chapter has been  committed  by  a  company  and  it  is  proved  that 
the  offence  has  been  committed  with  the  consent  or  connivance  of,  or  is 
attributable to  any neglect  on the  part of,  any director or manager, secretary 
or  other  officer  of the  company,  such  director,  manager,  secretary  or  other 
officer  shall  also  be  deemed  to  be  guilty  of that offence  and shall  be liable  to 
be  proceeded  against  and  punished  accordingly. 

Explanation.-For the  purposes  of this  section- 
(a)  "  company  "  means  a  body  corporate  and  includes  a  firm  or  other 

association  of individuals;  and 

Cesfier of 

(b)  "  director  "  in  relation  to  a  firm  means  a  partner  in  the  firm. 
159.  Where  any area  is  declared to  be  a slum  improvement area,  then as 
corresponding  from  the  date  of such  declaration,  the  provisions  of  any  law  corresponding 
to  the  provisions of this Act,  in relation  to  the  slum  improvement area shall, 
save  as  otherwise  provided in  this  Chapter,  cease  to  be  in  force  in  the  slum 
improvement  area. 

The  provisions  of this  Chapter  shall  not  be  taken  to  effect  any  property 
rights  in  any  of  the  areas  to  which  this  Chapter  applies;  nor  shall  the 
provisions  by  or  under  this  Chapter  of any  amenities  be  deemed to  legalise 
what  is  otherwise  illegal  by  or  under  any  other  law  for  the  time  being  in 
force. 

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1977 :  Mah, XXVIII] 

Ma/iarashtra  Housing a,z.d Area 
Development Act,  1976 

69 

CHAPTER X 
'[PROVISIONS OF LosJ 

16O  The Authority  may  advance  loans  for  the  purjoses  of 2[purchase  of  Advance 1?ans 
any  land  developed  by  the  Authority,  or  of purchase,  on  such  terms  as  the  by Authority. 
Authority  may,  with  the  approval  of the  State  Government,  determine,  of 
any  building  or  tenement  therein  constructed  by  the  Authority,  or  of 
construction of houses  on land developed  by  the Authority, or of improvement, 
renovation  or  carrying out  any  extension  to  any  house or  hut constructed  on 
any  Authority  premises]  to,- 
(i)  co-operative  societies; 
(ji)  societies  registered  under  the  Societies  Registration  Act,  1860; 

xxi of 

i:  (Ui)  public  trusts  registered  under  the  Bombay  Public  Trusts  Act, 

XXIXof 
1950. 

1950; 

(iv)  local  authorities; 
(u)  companies  or  occupiers  of factories,  registered  under  any  law  for 
the time being in force,  for housing the employees ofthe company or workers 
of 3[factories;  or] 

4[(ui)  any  individual.] 

i61.  Loans  under  section  160  may  be  advanced  on  such  terms  and  remis atd 

conditions  as  may  be  determined  by  regu)ations, 

conditi?n  for 
advancing of 
Ioano 

162.  Notwithstanding  anything  contained  in  this  Act,  there  shall  be  a  roan Advance 
separate reserve  fund  maintained by the Authority  called the Loans Advance  Reserve Fund. 
Resertre  Fund for  the purposes aforesaid. This  fund  shall  be  operated  in  such 
manner  as  the  Authority  may  with  the  previous  approval  of  the  State 
Government  from  time  to  time  determine. 

163.  Whenever  any  sum  of  money  has  been  borrowed by  the  Authority 
for  the  purposes  of  advance  of loans,  no portion  thereof shall  be  applied  to 
any  other purposes  without the  previous  sanction  of the  State  Government. 

5[163A. 

(1  )  In  order  to  enable  the  Authority  to  carry  out  any  of  its 
proposals,  pians,  schemes  or  projects,  the  Authority  may,  on  receipt  of an 
application  to  that  effect,  assist  co-operative  housing  societies  or  members 
thereof  or  individual  allottees,  as  the  case  may  be,  in  obtaining  loans  from 
a  Co-operative  Bank  or  a  Scheduled  Bank  or  from  a  finance  institution  for 
the  purposes  of  purchase  of  any  land  developed  by  the  Authority,  or  of 
purchase of any building  or a  tenement therein constructed  by  the Authority 
or  of  construction  of houses  on  land  developed  by  the  Authority  or  for 
improvement,  renovation  or  carrying  out  any  extension  to  any  house or  hut 
constructed on any authority  premises  or provision  of any common  amenities 
or facilities  to  the  members of co-operative  societies. 

Money 
borrowed for 
advancing 
1oan  not  o 
be  utilised  for 
other 
purposei;. 

Assistance  for 
obtaining 
loans  from 
banks or 
finance 
institutions. 

This  heading  was  substituted  by  Mali.  12  of 1989,  s.14. 

!  This  portion was  substituted  for  the words  «  construction  of houses  on  lands developed  by 

jt  by  Mah.  4  of 1985,  s.  4(a) 

3  These words were substituted for  the words " the fàctories,"  by Mah. 4 of 1985,  s.4(b). 
4  Clause (ui)  was added,by Mali. 4 of 1985, s.  4(c). 

Section  163A was  inserted  by  Mah.  12  of 1989.  s.  15. 

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70 

Maliarcishtra Housing and Arca 
Development Act,  1976 

[1977 : Mali. XXVIII 

(2)  Assistance  by the Authority to obtain a loan under  sub-section (1) shall, 
in  addition  to  the  usual  terms  and  conditions  laid  down  by  a  Co-operative 
Bank  or  a  Scheduled  Bank  or  a  finance  institution  in  that  behalf,  also  be 
subject  to  such  additional  terms  and  conditions  as  may  be  determined  by 
regulations. 

(3)  The  terms and conditions  of the grant  ofloan and of the mortgage deed 
to  be  executed  by  the  borrower in  favour of the  creditor  Bank or  the  finance 
institution  for  the  purposes  of  loan  shall  be  in  consonance  with  the  terms 
and  conditions  determined  by  regulations  as  provided  under  sub-section  (2) 
and  any terms  and conditions  inconsistent with  the  terms  and conditions  so 
determined  shall  be  deemed  to  be  void  and  inoperative. 

(4)  For avoidance  of doubt,  it is hereby declared that nothing in this  section 
shall  preclude  the  creditor Bank  or the  finance  institution to take  any action 
available  to  it  ander  the  provisions  of any  other  law  for  the  time  being  in 
force  for  the  recovery  of  its  dues  under this  section  and  that the  provisions 
of this  section  in  that respect  shall  be  in  addition  to  and  not  in  derogation 
of  such  other  provision  of law. 

Explanation.-For the  purposes  of this  section,  the  expressions- 

(a)  '  purchase of land "  shall include obtaining land on  lease on payment 

of any  iremium  or  any  other  consideration; 

(b)  "  Scheduled  Bank  "  means  a  bank  included  in the  Second  Schedule  jj 

to  the Reserve  Bank  of India  Act,  1934; 

1934. 

(e)  "finance  insitution"  means  any  public  finance  institution  such  as 
Housing  and  Urban Devlopment  Corporation,  Housing  Development, 
Finance  Corporation,  Life  Insurance  Corporation  of  India  and  General 
Insurance  Corporation  of India,  which  provide  loans to  any  individual  or 

co-operative  housing  society. 

CHAPThR  XI 
CoraoL 

164. 

Powerof 

(1)  The  State  Government  may  from  time  to  time  issue  such 
Stath  directions  or instructions as it  may think fit in regard  to finances and  conduct 
Govenimeit  of business  and affairs  of the Authority  or  any Board  and  the Authority  and 
direiUon  and  such  Board  shall  be  bound  to  follow  and  act  upon  these  directions  or 

instructions  instructions. 

sul 

(2)  (a)  Without  prejudice  to  the generality  of  the  foregoing  provision,  if 
resolutions  the  State  Government  is  of opinion  that  the  execution  of any  resolution  or 
and ordera.  order  of the Authority or  of any  Board  is  in contravention  of,  or  in  excess  of, 
the  powers conferred  by or  under this Act or any  other law for  the  time being 
in  force,  or  is  likely  to  lead  to  abuse  or  misuse  of  or  to  cause  waste  of  the 
Fund  of the  Authority,  the State  Government may,  in  the  public interest,  by 
order  in  writing,  suspend  the  execution  of such  resolution  or  order.  A  copy 
ofsuch order shall  be sent forthwith by the State Government to the Authority 
and its Chief Executive Officer and  the Board  concerned and its  Chief Officer. 
(b)  On  receipt  of the  order sent  as  aforesaid,  the Authority,  or  the  Board, 

as  the  case  may  be,  shall  be  bound  to  follow  and  act  upon  such  order. 

Government 

Power of 

165.  (1)  The State  Government may,  with  a  view  to  satisfying itself that 
State  the powers and duties of the Authority  or any of its Boards  are being exercised 
to order  and  performed properly, at any  time,  appomt any  person or  persons to  make 
inquiries  inquires  into all  or any  of the  activities  of the Authority or the Boards,  as  the 
case may be, and to report to the State Government the result ofsuch inquiries. 
(2)  The  Authority  or  the  Board  shall  give  to  the  person  or  persons  so 
appointed  all  facilities  for  the  proper  conduct  of the  inquiries  and  shall 
produce  before  such  person or  persons  any  document,  account or information 
in the possession of the Authority or the  Board, which  such person  or persons 
demand  for  the  purposes  of the  inquiries. 

. 

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1977 :  Mah, XXVTLJ] 

Maharctshtra Housing and Area 
Development Act,  1976 

71 

166. 

(1)  Notwithstanding  anything  contained  in  this  Act,  the  State  Reconstitution 

Government,  if  it  is  of  opinion  that  it  is  expedient  for  any  reason  to 
reconstitute  the  Authority  or  any Board  which  is  duly  constituted  under  this 
Act,  then  it  may,  by  notification  in  the  Officiai  Gazette,  direct  that  the 
Authority  or Board  specified  in the  notification  and  functioning  immediately 
before  the  date  of such  notification  shall  cease  to  function,  and  reconstitute 
such  Authority  or  Board  as  provided  in  section  6,  or  as  the  case  may  be, 
section  18  of this  Act. 

(2)  The  opinion  formed  by  the  State  Government  under  this  section  to 
reconstitute  the  Authority  or  any  Board  shall  be  final  and  conclusive  and 
shall  not  be  called  in  question  in  any  court. 

167. 

(1)  If the  State  Government  is  satisfied  that  the  Authority  or  any  Default in 

Board  has  made  default  in  performing  any  duty  imposed  on  it  by  or  under 
this  Act  it  may  fix  a  period  for  the  performance  of  that  duty. 

°  U Y 

(2)  If in  the  opinion  of  the State  Government,  the  Authority  or the  Board 
fails  or  neglects  to  perform  such  duty  within  the  period  so  fixed  for  its 
performance,  it  shall  be  lawful  for  the  State  Government,  notwithstanding 
anything contained  in  section  6  or  18,  to  supersede  and  reconstitute  the 
Authority  or  as  the  case  may  be.  the  Board  in  the  perscribed  manner. 

(3)  After  the  supersession  of the  Authority  or  the  Board  and  until  it  is 
reconstituted,  the  powers,  duties  and  f.uictions  of  the  Authority or  Board 
under this  Act,  shall  be  exercised  and  performed  by  the  State  Government 
or  by  such  office  or  officers  as  the  State  Government  may  appoint  for  this 
purpose. 

(4)  Notwithstanding  anything  contained  in  this  section,  ii the  Authority 
is  satisfied  that  any  Board  is  not  performing any  duty  imposed  on  it  by  or 
under this  Act to  secure  efficient  implementation  thereof,  the Authority  may 
recommend  to  the  State  Government  that  the  Board  may  be  dissolved.  On 
receipt  of such  recommendation,  the  State Government  may  dissolve  the 
Board  and either  appoint an  Administrative Officer  to  exerise  all  the powers 
and  perform all  the duties of the Board  or  appoint another  Board  to  exercise 
such  powers  and  perform such  duties. 

168.(1)  If it appears to  the State Government that  the Authority is  unable  Power to 

to  exercise  the  powers  or  perform  or  discharge  the  duties  or  functions 
conferred  or  imposed  upon  it  by  or  under  this  Act,  or  that  majority  of the  torfh5t 
members  has  resigned  or  the term  of office  of the  members has  expired  and 
the  State  Government  does  not  consider  it  expedient  to  reconstitute  the 
Authority  or  fill  the vacancies,  the State  Government  may,  notwithstanding 
anything  contained  in  section  6  or  any  other  provision  of  this  Act,  by 
notification  in  the  Official Gasette, in place of the  Authority consituted under 
section  6,  appoint  an  Administrator  for  such  period  or  periods,  as  may  be 
determined  by  the  State  Government.  After  the  expiry  of his  term  of  office 
the Administrator shall continue in office until  the day immediately  preceding 
the date  of the  first meeting of the Authority  duly  reconstituted in  accordance 
with  provisions  of section  6. 

PP0 

(2)  The  Administrator  so  appointed  shall  be  deemed  to  constitute  the 
Authority  for  the  time being,  and  shall  exercise  all  the  powers  and  perform 
and  discharge  all  the  duties  and  functions  conferred  and  imposed  upon  the 
Authority  or  any  of its  authorities,  members  or  officer,  by or  under this Act, 
or  any  other  law  for  the  time  being  in  force. 

(3)  The  Administrator  shall  receive  such  remuneration  from  the  fund  of 
the  Authority,  and  the  other  conditions  of  service  shall be  such,  as  the  State 
Government  may  determine. 

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72 

Maharashtra Housing and Area 
Development Act,  1976 

[1977 :  Mah. XXVIII 

(4)  The  Administrator  may,  subject  to  the  general  or  special  order  of  the 
State  Government,  delegate  any  of  the  powers,  duties  and  functions 
exercisable  or to be  performed by  him, to  any officer or officers of the Authority 
specified  in  the  order: 

Provided  that,  nothing  in  this  section  shall  affect  the  powers,  duties  or 

functions  entrusted  to  any  Board  under  this  Act. 

Diso1ution of 

(1)  The  State  Government  may,  by  notification in  the  Official 
Authority.  Oazett.,  declare  that, with  effect  from  such  date  as  may  be  specified  in  the 

169. 

notification,  the  Authority  shall  stand  dissolved: 

Provided that, no  such declaration shall be  made by  the State Government 
unless  a  resolution  to  that  effect  has  been  moved  in,  and  passed  by,  the 
Maharashtra  Legislative  Assembly. 

(2)  With  effect  from  the  date  specified  in  the  notification  under 

sub-section  (1)- 

(a)  all  the  members shall  vacate  their  office; 
(b)  all properties,  funds  and  dues which  are  vested in  or  realisable  by  the 

Authority  shall  vest  in,  and  be  realisable,  by  the  State  Government; 

(e)  all  liabilities  enforceable  against  the  Authority shall  be  enforceable 
against the  State  Government to  the extent of the properties,  funds and  clues 
vested  in,  or  realised by  the  State  Government. 

(3)  Nothing in this  section shall affect the liability ofthe State Government 
in  respect  of  loans  or  debentures  guaranteed  under  sub-section  (5)  of 
section  36. 

CHAPTER  XII 

MISCELLANEOUS. 

(1)  The  Authority  shall  submit,  in  respect  of each  year,  an  annual 
Annual and 
other reports.  report  to  the  State  Government,  iii  such  form  and  before  such  date  in  the 
next  succeeding  year  as  the  State  Government  may  determine. 

170. 

(2)  The  annual report,  after it is  approved  by  the State Government,  shall 
be  laid  before each  House  of the State  Legislature,  as  far  as possible  before 
the  expiry  of  the  year next  succeeding  the  year to  which  it  relates. 

Other 

171.  The  Authority  shall  also  submit  to  the  State  Government  such 
statementi  statistics,  returns,  particulars,  statements,  documents  or  papers  in  regard 
an  returns.  to  any  proposal,  plan  or  project  undertaken under this  Act  or  relating to  any 
matter  or  proceedings  connected  with  the  working  of the  Authority  at  such 
time  and  in  such  form  and  manner  as  may  be  determined  by  the  State 
Government,  or  as  the  State  Government  may  from  time  to  time  direct. 

Powerof 

172.  Without  prejudice  to  any  provisions  regarding  entry  elsewhere  in 
entiy.  any  other provisions  of this  Act,  it shall  be  lawful  for  any  person  authorised 
by  the Authority  in  this  behalf to  enter into,  or upon  any  building  or land for 
the  purposes of this  Act, with  or without  assistants or  workmen,  in  order  to 
make  any  inquiry,  inspection,  census,  measurement,  valuation  of  survey  or 
to  execute  any  work which  is  authorised  by  or  under  this  Act  or  which it  is 
necessary  to  execute  for any of the purposes of this  Act  or of any  notice,  rule, 
regulation,  order,  proposal,  plan  or  project,  or  any  instrument  made 
thereunder: 

Provided  that  no  such  entry  shall  be  made  between  sunset  and  sunrise. 

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1977 :  Mah. XXVIII] 

Ma/zarashtra Housing and Area 
Development Act,  7.976 

73 

173rn  No  person  shall  commence any  suit against  the Authority  or against  Notice of suit 
ty  etc 
' 

any  member  of the  Authority  or  of any  Board  or  of  any  Panchayat  or  any 
officer  or  servant  of the  Authority  or  Panchayat or any  ¡erson acting  under 
the  orders  of  the  Authority  or  Board,  or  Panchayat for anything  done  or 
purporting  to have been  done  in pursuance of this Act (including  any  contract 
thereunder),  without  giving  to  the  Authority,  member,  officer  or  servant  or 
person two  months  previous  notice in  writing  of the  intended suit and  of the 
cause  thereof,  nor  after  six  months  from  the  date  of the  act  complained  of. 
And in the  case  of any  such suit for damages, if tender of sufficient amends 
shall  have  been  made  before  the  action  is  brought,  the  plaintiff  shall  not 
recover more  than  the amount  so  tendered  and  shall  pay  all  costs  incurred 
by  the  defendant  after  such  tender. 

all employees  of the Authority  or Panchayat shall be  deemed,  when  acting 

174.  All  members  of the  Authority  or  any  Board  or  any  Pancizayat  and  Members of 
'Y OF 
XIV of  or  purporting  to  act  in  pursuance  of  any  of  the  provisions  of  this  Act  to  be  Panchaü, 
1860.  public  servants  within  the  meaning  of section  21  of the  Indian  Penal  Code.  employees of 
Authority or 
Panchayat  to 
be  public 
servants. 

175.  No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  any  Protection  of 

members  of the  Authority  or  Board  or  Panchayat or  any  employees  of the 
Authority or Panchayat for anything which  is  in good  faith  done  or intended 

g 

ai 

Act, 
project  or  any  instrument  made  under  this  Act. 

proposal, 

176.  Unless  otherwise  expressly provided,  no court  shall  take  cognisance  Power of 
of any  offence  punishable  under  this  Act  except on  the complaint  of,  or upon  prosecution.. 
information  received  from,  the  Authority or  some  person  authorised  by  the 
Authority  by  general or special  order  in  this  behalf. 

177.  Save as  otherwise  expressly  provided  in  this Act,  no  civil  court  shall  Bar of 
have jurisdiction  in respect of any matter which the Authority  or the Tribunal  juriSdiction. 
is  empowered  by  or  under  this  Act,  to  determine;  and  no  injunction  or  stay 
shall be granted by any court or other authority in respect of any  action taken 
or  to  be  taken  in  pursuance  of any  power  conferred  or  duty  imposed  by  or 
under this  Act. 

178. 

(1)  The  Chief Executive  Officer or  any  of the  officers  who  may  be  Compound. 
authorised  by him in this  behalf by general or special order  may, either before  iig offences. 
or  after  the  institution  of the  proceedings,  compound  any  offence  punishable 
under  this  Act. 

(2)  When  an  offence  has  been  compounded,  the  offender,  if in  custody, 
shall  be  discharged;  and  no  further  proceedings  shall  be  taken  against  him 
in  respect  of  the  offence  compounded. 

179.  All contracts, agreements  and  other instruments of whatever nature  Authority to 

subsisting  or having  effect  immediately  before  the  date  of constitution  of the 
authority  and  to  which  an  existing  Board  was  a  party  shall  be  of full  force  ncth or 
and  effect  against  or  in  favour  of the  Authority  and  may  be  enforced  and  agreements. 
acted  upon  fully  and  effectively  as  if  instead of  the  existing  Boards,  the 
Authority  had  been  a  party  thereto  or  as  if they  had  been  entered  into  or 
issued  in  favour  of  the  existing  Board  for  the  purposes  of the  Authority. 

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74 

Maharashtra Housing and Area 
Deuelopnient Act,  1976 

[1977 :  Mah. XXVIII 

Recovery of 
sun1:,,e1t 

180.  Notwithstanding  anything  contained  in  this  Act,  all  sums  payable 
to  any  existing  Board  immediately  before  the  appointed  date  or  to  the 
Board  or  Authority  by  any  person  or  recoverable  by  it  by  or  under  the  provisions  of 
Authority  as  this Act and  all charges  and  expenses incurred  in  connection  therewith  shall, 
land revenue.  without  prejudice  to  any  other  mode  of recovery,  or  otherwise  provided  by 
or under this Act,  be  recoverable as arrears  ofland revenue on  the application 
of the  Authority. 

181. 

(1)  The  Authority  may,  by  general  or  special  order,  delegate  any 
Powers  to 
delegate.  power  exercisable  by  it  or  any  function  to  be  discharged  or  any  duty  to  be 
performed  by  it  by  or  under  this  Act  to  any  of its  officers  t[or  to  any  Board 
or  to  any  officers  of the  Board  ]  on  such  terms  and  conditions  as  may  be 
specified  in  such  order. 

21(2)  The  Authority  may,  by  general  or  special  order,  delegate  any  power 
exercisable  by  a  Board  by  or  under  this  Act  to  any  of its  officer  or  to  any 
officers  of the  Board  on  such  terms  and  conditions  as  may  be  specified  in 
such  order. 

(3)  Notwithstanding  anything contained  in sub-section (1)  or (2),  the State 
Government  may,  by  order  in writing,  direct  the  Authority  to  delegate,- 
(i)  such  of its  powers  and  functions  conferred  or  imposed  on  it  by  or 
under  this  Act  to  the  Board  or such  other  authority  or  any  officer  of the 
Authority  or  of  the  Board;  or 

(ii)  such of the  powers  and functions  conferred  or  imposed  on the Board 
by or  under this Act  to such  other authority  or  any  officer  of the  authority 
or  of the  Board, 

as  may  be  specified  in  the  order,  and  it  shall  be  duty  of the  Authority 

to  follow  and  act  upon  such  order] 

182. 

If any  person- 

(a)  obstructs,  or  molests  any  person  with  whom  the  Authority  has 
entered  into  a  contract,  in  the  performance  or  execution  by  such  person 
of his duty  or  of anything  which  he  is  empowered  or  required  to  do  under 
this Act,  or 

. 

Penalty for 
obstruction 
etc. 

(b)  removes  any  mark set  up  for  the  purpose  of indicating  any  level  or 
direction  necessary  to  the  execution  of works  authorised  under  this  Act, 
he  shall,  on conviction,  be  punished  with  imprisonment for  a  term which 
may extend to  three months or with  fine  which may  extend to  five hundred 
rupees  or  with  both. 
183. 

If any  difficulty  arises  in  giving  efFect  to  the  provisions  of this  Act, 
diffculty.  the  State  Government  may,  as  occasion  arises,  by  order  do  anything which 

Removal  of 

appears  to  it  to  be  necessary  for  the  purpose  of removing  the  difficulty. 

CHAPTER  XIII 
Ruus,  REGULATIONS AND By-iws 

184. 

Power to 

(1) The  State Government may, by notification in  the Official Gazette, 
make  rules.  make  rules  3[prospectively  or  retrospectively,  with  effect  from  such  date,  as 
it  may specify  in such  notification,]  for  the purpose of carrying into  effect the 
provisions  of this  Act. 

i  These  words  were  sub5tituted  for  the  words  Hor 
2  These  sub-sections  were  substituted  for  sub-section  (2),  by  Mah.  12  of  1989,  s.  16  (b). 
3  These  words  were  inserted by  Mah.  23  of 2002, 

Board"  by Mah.  12  of 1989. sl6(a). 

.2. 

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1977 : Mali. XXVIII] 

Maharashtra  Housing  and Area 
Development Act,  1976 
(2)  In  particular  and  without prejudice  to  the  generality  of the  provisions 
of  sub-section  (1),  such  nues,  may  provide  for  all  or  any  of the  following 
matters,  namely  :- 

(i)  for  regulating  the  mode  of  recruitment  including  provisions  for 
absorption  or  promotion  of  persons  already  working in  any  Board and  for 
providing  terminal  benefits  under  sub-section  (5)  of section  19; 

75 

(ii)  conditions  to  be  prescribed  under sub-section  (.1)  including  issue  of 

debentures  under  sub-section  (2)  of section  36; 

(iii)  the  manner  of  maintenance  of  the  books  of account  and  the 
preparation  of  the  annual  statement  of  accounts  of  the  Authority  under 
sub-section  (1)  of  section  39; 

(iv)  the  manner  of  service  of  the  notice  under  the  proviso  to 

sub-section  (1)  of  section  41; 

(u)  the  manner  of  holding  the  inquiry  by  the  Land  Acquisition  Officer 
and  service  of notice  on  the  owner  of the  land,  under  sub-section  (5)  of 
section  44; 

(vi)  the  period  within  which  the  betterment  charges  proposed  by  the 
the  person  concerned,  under 

to  be  accepted  by 

Authority 
sub-section  (3)  of section  54; 

V of 
¡908. 

(vii)  the  rate  of interest  to  be  charged  on  any  outstanding  payment  of 

the  Authority  under  sub-section  (1)  of section  55; 

(uiii)  the  rules  subject  to  which  the  Authority  may  retain,  lease,  sell, 

exchange,  or  otherwise  dispose  of any  land,  etc.,  under  section  64; 

(ix)  the  other  manner  in  which  a notice  under sub-section  (1) of section 

66 may  be  given; 

(x)  the  manner  of publication  of notice  under  sub-section (4)  of section 

66; 

(xi)  '(the  penalty  to  be  imposed]  for  default  in  the  payment  of rent  or 

compensation  under  Explanation  II  to  section  66; 

(xii)  the  rules  subject  to  which  the  recovery  of  rent,  compensation  or 
damages  may  be  recovered  as  arrears  of  land  revenue  under 
sub-section  (1)  of section  67; 

(xiii)  the  other  matters  in  respect  of  which  the  Competent Authority 
shall  have  the  powers  of the civil  court under  the  Code of Civil  Procedure, 
1908, under  section  69; 

(xiv)  the manner in  which  the  rebate shall be claimed by, and  paid  to the 
Municipal  Corporation  of Greater  Bombay,  under  sub-section  (2)  of  the 
section  85; 

(xv) regulating all matters connected with 2[the  Mumbai Building Repairs 

and  Reconstruction  Fund  J  under  sub-section  (3)  of section  86; 

(xui)  regulating  all  matters  connected  with  the  Maharashtra  Slum 

Improvement Fund,  under  sub-section  (2)  of section  117; 

(xvii)  the  manner  in  which  the  resignation  shall  be  delivered  by  the 
members,  Sarpwich  or  Upa-Sarpanch  of a  Panchayat  resigning  his  office, 
under  section  126; 

(xviii)  prescribing  notice  to  be  given  for  moving  no-confidence  motion 
against the Sarpanch  or the Upa-Sarpanch,  under  sub-section (1)  of section 
127; 

(xix)  the  intervals and  the  procedure  for  the  meetings  of the  Panchayat, 

under  section  128; 

I  These words were substituted for the words "the manner of 'evying  ponalty" by Mah. 12 of 

1989, s.17. 

i  The5e words were substituted for the original by MaIL 25 of 1996, s.  2, Sch., para (3). 

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76 

Ma/uzra$htra Housing and Area 
Deueiopnient Act.  1976 

[1977 : Mab. XXViII 

(xx)  the  powers  to  be  exercised  and  functions  to  be  performed  by  the 

Sarpanch  and  Upa-Sarpanch,  under  section  129; 

(xxi)  the  manner and the  form  in  which  every contract  made  and  executed 
by the  Sarpanch  on  behalf of the Panchayat.  under  sub-section  2)  of section 
139; 

(xxii)  the  form  of the  writ of demand  under  sub-section (2),  the  manner of 
distraint  and  sale  of moveable  property  under  sub-section  (4),  and  the  form 
and  manner  in  which  a  written  receipt  for  any  amount  recovered  by  the 
Panc/iayat  shall  be  given  under  sub-section  (6),  of section  140; 

(xxiii)  the  custody  in  which  the  sums  received  by  the  Panchayat  and  the 

Panchayat  fund  shall be  kept,  under  section  142; 

(xxiv)  the  date  before  which  and  the  form  in  which  the  annual  statement 
of the  opening  balance  in  the  Panchayat  fund  and  the  expenditure  the 
Panchayat  shall  submit  to  the  Board  under  sub-section  (1)  and  the  form  in 
which  the  accounts of the  Panchayat shall be  kept by  the Sarpanch  and  the 
date before  and  the  form  in which  the annual  statement of accounts  shall  be 
sent  to  the  Board  by  the  Sarpanch  under  sub-section  (3)  of section  144; 

(xxv)  the  manner  of supersession and  reconstitution of  the  Authority,  or 

as  the  case  may  be,  the  Board  under  sub-section  2)  of section  167; 

(xxvi)  levy  fees  for any  of the  purposes  of this Act,  and  for refund  of such 

fees. 

(3)  Except  yhen  rules  are  made  for  the  first  time,  all  rules  made  under 

this  Act  shall  be  subject  to  the  condition  of previous  publication. 

(4)  Every  rule made under this  Act  shall be laid  as  soon as  may be  after 
it is  made  before  each  House  of the  State Legislature  while  it  is  in session 
for  a  total  period  of thirty  days,  which  may  be  comprised  in  one  session  or 
in  two  succesive  sessions,  and if  before the  expiry of the  session  in which  it 
is  so  laid  or the  session  immediately following,  both  Houses  agree  in  making 
any modification  in  the  rule  or  both  Houses  agree  that  the  rule  should  not 
be  made,  and  notify  such  decision  in the  Official Gazette,  the  rule shall from 
the  date of publication of such  notification have  effect only  in  such  modified 
form  or  be  of  no  effect,  as  the  case  may  be,  so  however  that  any  such 
modification  or  annulment  shall  be  without  prejudice  to  the  validity  of 
anything previously  done  or  omitted  to  be  done  under that  rule. 

I 

185. 

Power to 

(1) The Authority  may, from  time to time, with the previous sanction 
make  of the  State Government,  make  regulations,  consistent with  this Act  and  the 
regti  a ions.  rules  made thereunder,  and  for all  or  any  of the  matters which have to  be  or 
may be,  prescribed  or  provided  by  regulation  under any of the provisions  of 
this  Act. 

(2)  If it  appears  to  the  State Government  that  it  is  necessary  or  desirable 
for  carrying  out  the purposes  of this Act  to  make  any  regulations  in  respect 
of matters specified in sub-section (1) or  to amend  any regulation  made under 
that sub-section,  the State Government  may call  upon the Authority to make 
regulation or,  amendment within such time as it may specify.  If the Authority 
fails  to  make  such  regulation  or  amendment  within  the  time  specified,  the 
State  Government  itself may  make  such  regulation  or  amendment  and  the 
regulation  or  the  amendment  so  made  shall  be  deemed  to  have  been  duly 
made  by  the  Authority  under  sub-section  (1). 

Power th 

(1 )  The  Authority may  make  by-laws,  not inconsistent  with this Act 
make bv.Iaws.  or  any  rule  or  regulation,  which  may  be  necessary  or  expedient for  the 
purpose  of carrying  out  its  duties  and  functions  under  this  Act. 

186. 

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1977 :  Mah. XXVIII] 

Maharashtra Housiîig  and Area 
Deuelopinent Act,  1976 

77 

(2)  No by-law made by  the Authority shall  come  into  force until it has  been 

confirmed  by  the  State  Government  with  or  without  modification. 

(3)  AlI  by-laws  made  under  this  section  shall  be  published  in  the  Officiai 

Gazette by the  Authority. 

i87.  Whoever  contravenes  a  by-law  ¡nade  under  section  186  shall,  on  Penalty for 

conviction,  be  punished  with  imprisonment for  a  term  which  may  extend  to 
six  months  or  with  fine  which  may  extend  to  one  thousand  rupees  or  with 
both. 

CHAPTER  XIV 

REPEu. AND SAVINGS 

188. 

(1)  On  and  from  the  appointed  day- 

Repeal and 
savings. 

(a)  the  Bombay Housing  Board Act,  1948,  as  in  force  in  the Bombay and 

Born. 

1945. 

LXIX of  Hyderabad  Area  of the  State, 

M. P. 

XLII 

1950. 

Mali. 
XLVII of 
1969. 

Mak 
xxm of 
1973. 

(b) the  Madhya  Pradesh  Housing  Board  Act,  1950,  as  in  force  in  the 

Vidarbha  Region  of the  State; 

(c)  the  Bombay  Building  Repairs  and  Reconstruction  Board Act,  1969; 

'[and] 

(d)  the  Maharashtra  Slum  Improvement  Board  Act,  1973; 

3** 

* 

shall  stand  repealed: 
Provided  that,  the  repeal  shall  not affect- 
(a)  the  previous  operation  of any  law  so  repealed  or  anything  duly  done 

or  suffered  thereunder,  or 

(b)  any  right, privilege,  obligation  or  liability  acquired,  accrued  or incurred 

under  any  law  so repealed,  or 

(c)  any penalty,  forfeiture or punishment incurred in  respect of any offence 

committed  against  any  law  so  repealed,  or 

(d)  any  investigation,  )roceedings,  legal  proceedings  or remedy  in  respect 
of any  such  right,  privilege,  obligation,  liability,  penalty,  forfeiture  or 
punishment  as  aforesaid; 

and  any  such investigation,  proceedings,  legal  proceedings or  remedy  may 
be  instituted,  continued  or  enforced  and  any  such  penalty,  forefeiture  or 
punishment  may  be  imposed  as  if this  Act  had  not  been  passed 

I  The word "  and "  was inserted by Mah. 54 of 1977g  S.6(U). 
2  The word "  and "  wa  deleted by Mah. 54 of 1977,  6(b). 
;'  Clause (e) was deleted by Mali. 54 of 1977, s.  6(c). 

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78 

Ma.Izarctshtra Housing an.d Area 
Development Act,  1976 

[1977 :  Mah. 

Provided  further  that  subject  to  the  preceding  proviso  and  any  saving 
provisions  made  elsewhere  in  this  Act,  anything  done  or  any  action  taken 
under  the  provisions  of any  law  so  repealed  shall,  in  so  far  as  it  is  not 
inconsistent with  the  provisions  of this  Act,  be  deemed  to  have been done  or 
taken  under  the  corresponding  provisions  of  this  Act;  and  shall  continue  to 
be in force  accordingly unless  and until superseded by anything done or action 
taken  under this  Act. 

(2)  (a)  Any  reference  in  any  law  or  in  any  instrument  or  other  document 
to  the  provisions  of  any law so repealed  shall,  unless  a  different  intention 
appears,  be  construed  as  a  reference  to  the  corresponding provisions  of this 
Act; 

(b)  any  reference  in  any law or in  any instrument  to  any  existing  Board 
shall,  unless  a different  intention  appears, be  construed  as  a  reference to the 
Authority  and  such  law  or  insturment  shall  apply  to  the  Authority. 

Consequences 

189.  With  effect  from  the  appointed  day,  without  prejudice  to  the 
ofrepeaI  generality  of the  provisions  of the  provisos  to  sub-section  (1)  of section  188, 
the  following  consequences shall,  unless the  State  Government by  a general 
or  special  order  directs  otherwise,  ensue,  that  it  is  to  say,- 

(a)  all  properties,  moveable  and  immovable  and  interests  of  whatsoever 
nature and kind therein which vested  in an existing Board immediately before 
the appointed day shall be deemed to be transferred  to, and  shall vest, without 
Authority subject to all limitations and conditions 
and rights  or interests  of any  person, body or  authority in  force  or subsisting 
immediately  prior  to  the  appointed  day; 

(b)  all rights, liabilities and obligations ofan existing Board including those 
arising  under  any  agreement  or  contract  shall  be  deemed  to  be  the  rights, 
liabilities  and  obligations  of the  Authority; 

(c)  all  sums  due  to  an  existing  Board,  whether  under  any  contract  or 
other.vise  shall be  recoverable  by  the Authority, and  for the  purposes of such 
recovery,  the Authority  shall be  competent to  take  any measures or institute 
any  proceedings which  it would  have been  open  to  the existing Board or  any 
Authority  thereof to  take  or  institute  before  the  appointed  day; 

(d)  any  fund  vesting in  an  existing  Board shall  be  deemed  to  be  the  fund 

of the  Authority; 

(e)  all  contracts  made with,  and  all instnunents  executed  on  behalf of,  an 
existing  Board  shall,  subject  to  the  provisions  of section  179,  be  deemed  to 
have been made  with, or executed on  behalf of,  the Authority, and  shall have 
effect,  accordingly; 

(t)  if,  on  the  date  of constitution of the  Authority,  any  suits,  appeals  or 
legal  proceedings  of whatever  nature  by  or against any existing Board  are 
pending,  then  such suits,  appeals or  legal  proceedings  shall  not  abate,  be 
discontinued or  be  in  any  way  prejudicially  affected  by  reason  of transfer  to 
the  Authority  of  the  property,  assets,  rights  and liabilities  of the  existing 
Board,  but  the  suits,  appeals or legal  proceedings  may  be  continued, 
prosecuted  and  enforced  by  or  against  the  Authority. 

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1977 : Mah XXVIII] 

Maharashtra Housing and Area 
Development Act,  1976 

79 

190.  The  Maharashtra  Ownership  Flats  (Regulation of the  Promotion  of  Mah. XLV of 
1963 notto 

MaIL 
XLVof 
1963.  Construction,  Sale,  Management  and  Transfer)  Act,  1963,  shall  not apply to  apply to 
Mali.  the  Authority  duly  constituted  under  the  Maharashtra  Housing  and  Area  Authority, etc. 

. 

Development Act,  1976,  or  to any  land  or building belonging to  or vesting  in, 
any  such  Authority. 

Mah. 

mvn 

of 1966. 

191. 

In  the  Maharashtra  Regional  and  Town  Planning  Act,  1966,- 

Ainendinen t. 
of sections 2 
and 40 of 
Mah. XXXVII 
of 1966. 

*1[(a)  in  section  2,  in  clause  (15),  in  paragraph  (c),  for  sub-paragraph (ii), 

the  following  sub-paragraphs  shall  be  sub8tituted,  namely 

Mab. 

"(ji)  the  Authority  constituted  under  the  Maharashtra  Housing  and  Area 

og:v  Development  Act,  1976; 

C. P. 

(iii)  the  Nagpur  Improvement  Trust  constituted  under  the  Nagpur 

and  Improvement Trust Act  1936 "1 

I 

Berar 
XQ(V! 
of 19ß. 

(b)  in  section  40,  in  sub-section  (1),  after clause  (a),  the following clause 

shall  be  inserted,  namely 

Mali. 

0gT 

"(act)  appoint  the Authority constituted  under the  Maharashtra Housing 

and  Area  Development  Act,  1976,  or" 

192.  In the  Bombay Legislature Members (  Removal  ofDisqualifications) 
Boni LII 
of  1956.  Act,  1956, in  Schedule I.  for entry 15, the following entry shall be  substituted, 

namely :- 

enment 

LII of 

"15.  The  office  of  a  member  of  the  Maharashtra  Housing  and  Area  196. 

Development  Authority  (including  the  President  and  the  Vice-President 
thereof)  constituted under  the Maharashtra  Housing and Area Development 
Mah.  Act,  1976,  or  a member of any  of the  Housing and  Area Development  Boards 
(including  the  Chairman  and  the  Vice-Chairman  thereof) established  under 
that Act,  or  a  member  of any Panclzayat (including  the Sarpancli  and  Upa- 
Sarpanch thereof)  established  under  that Act,  by  reason  only  of his  holding 
such  office.". 

. 

193.[Substitution of section  272 of C.P.  and Berar ¡1 of 1950f Deleted by 

Mah. 54 of1977, s.  7. 

I  Clause  (a)  was  deemed 
s  Section  4  of Mah. 29  of 1978  reads  as  follows  :- 

1977  by  MalL  29  of 1978,  s.3. 

to  have  been  substituted  for  the  original  on  21st November 

Mah. 

"4.  For the  removal  of doubt, it  is hereby  declared  that clause (a) of section  191  of the  Removal  of 

XXVIII  Maharaslitra HouRing and Area DevelopinentAct,  1976,  which along'vith the other provisions  doubt. 
of 1977. 

ofthatAct, wa  brought into  force on  the 5th December  1977, shall come into  force, and  shall 
be  deemed  to  have  come  into  force,  on  that  day,  as  amended  by  this  Act,  and  the  Nagpur 
Improvement Trust. shall be deemed to  have continued without any break as a local  authority 
for  the purposes  ofelause (15) ofsect.ion  2 ofthe  Maharashtra  Regional and  Town  Planning 
Act,  1966:'. 

Mah. 
XXXVII 
of1966. 

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80 

Maharashira Housing and Arca 
Development Act,  197G 

FIRST  SCHEDULE 
E  See  sub-section  (1)  of  section  44  1 

[1977 : Mali. XXVIII 

Principles  for  determination  of the  net  average  monthly income 

1.  The  Land  Acquistion  Officer  shall  first  determine  the  gross  rent 
actually  derived  by  the  owner  of land  acquired,  including  any  building  on 
such  land,  during  the  period  of  five  consecutive  years  referred  to  in  sub- 
section  (3)  of  section  44. 

2.  For  such  determination,  the  Land  Acquisition  Officer  may  hold  any 
local  inquiry  and  obtain,  if  necessary,  certified  copies  of extracts  from  the 
property  tax assessment books  of the  local  authority concerned  showing  the 
renta[  value  of  such  land. 

3.  The net average monthly income referred to in sub-section (3)  of section 
44  shall  be  sixty  per  cent.  of the  average  monthly  gross  rent which  shall  be 
one-sixtieth of the gross  rent during  the  five  consecutive  years  as determined 
by  the  Land  Acquisition  Officer  under  paragraph  1. 

4_  Forty  per  cent.  of the gross monthly  rental  referred to  above  shall  not 
be  taken  into  consideration in  determining  the  net  average  monthly  income 
but shall  be  deducted  in lieu  of the  expenditure  which the  owner of the  land 
would  normally incur for  payment  of any  property tax to the  local authority, 
for  collection  charges,  income  tax or  bad  debts  as well  as for  works  of repair 
and  maintenance  of the  building,  if any,  on  the  land. 

5.  Where  the  land  or  any  portion  thereof has  been  unoccupied,  or  the 
owner has not been in receipt of any  rent for the occupation of the land during 
the whole  or any  part of the  said  period of five years,  the  gross rent shall be 
taken  to  be  income  which  the  owner would  in  fact  have  derived  if the  land 
had  been  leased  out for  rent during the  said period,  and  for  this purpose  the 
rent  actually  derived  from  the  land  during  a  period  prior  to  subsequent  to 
the period during which it remained vacant or from similar land in the vicinity 
shall  be  taken  into  account. 

1[SECOND  SCHEDULE 

II  See sub-section  (1)  of  section  82  J 

I.  The  rates at  which  cess  under  Chapter  VIII  of this  Act  shall  be  levied 

on  buildings  and  lands  :- 

Serial 

No. 

(1) 

- 

i  Where  a  building is  not. 

structurally  repaired (or  is 

not deemed to  be  so repaired) 
by the  Board. 

Buildings 

Buildings 

classified 
as belouging  to 
Category 'A 

cla5sified 
as belonging to 
CategoryB' 

Buildings 
Classified 
as belonging to 
Category 'C' 

(2) 

(3) 

(4) 

At the  rate  of 
87  per cent. 
of the  rateable 
value  of the 
building. 

At  the  rate 
of 63  per cent. 
of the  rateable 

value  of the 
building. 

At the  rate  of 
39  per cent. of 
the  rateable 
value of the 
building. 

i  This  Schedule  was  substituted  by  Mali.  30  of 1994,  s.  2 

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1977 : Mali. XXVIII] 

Maharashfra Housing and Area 
Development Act,  1976 

SCHEDULE-Contd 

(1) 

(2) 

(3) 

(4) 

81 

2  Where  a  building is 

(i) 

(ii) 

structurally  repaired (or  is 
deemed  to  be  so  repaired) 
by  the  Board  and'- 
the  Board has  contributed 
tovards the  cost of the 
repairs,  at the  rate 
u_ three  hundred 
rupees  per  square  metre; 
the  Board has  contributed 
towards  the  cost  of the 
repairs,  at  the  rate 
exceeding three hundred 
rupees  per  square  meter 
but. not exceeding five 
hundred  rupees  per square 
metre; 

(iii)  the  Board  baa  contributed 
towards  the  cost  of the 
repairs,  at the  rate 
exceedig five  hundred 
rupees  per square  metre 
but not exceeding seven 
hundred  and  fifty  rupees 
per square  metre. 

At  the  rate  of 
195  per  cent. 
of the  rateable 
value  ofthe 
building. 
At  the  rate  of 
390  per cent. 
rateable  value 
ofthe  building. 

At  the  rate  of 
132 jxr  cent. of 
the  rateable 
value ofthe 
building. 
At  the  rate  of 
270  per  cent. 
of the  rateable 
value ofthe 
building. 

At.  the  rate  75 
per cent.  of 
the  rateable 
value of the 
building. 
At  the  rate  of' 
150  per cent. 
of the  rateable 
value of the 
building. 

At the  rate  of 
585  per cent of 
the  rateable 
value of the 
building. 

At  the  rate  of 
405 per  cent.. of 
the  rateable 
value of the 
building. 

At  the  rate  of 
225  per cent.  of 
the  rateable  value 
of the 
building. 

:ti.  Where any  part or  parts  of a  building is  or  are used  for  nonresidentia1 
purposes,  the  rate  of  the  cess  to  be  levied  and  paid  in  respect  of such  part 
or parts  shall  be  double  the  rate  of cess payable  for  that  part or  those  parts 
if they  were  used  for  residential  purposes.  I 

'E  THIRD  SCHEDULE 
[See section  1031  (3)] 

Scale showing thepercentcge ofbuilt-up  area  to  be  reserved by the 
co-operative society for a1lotznent by the Board. 

In  building  reconstructed  for  mixed  use 
i.e.  residential and  commercial 

Surplus  area 

(1) 

Built-up  area  to  be 
reserved 
(2) 

In  building reconstructed  for 
residential  use 

Surplus  area 

(3) 

Built-up  area  th 
be  reserved 
(4) 

Upto  40  per  cent.. 
Upto  45  per cent. 
Upto  55  per cent. 
Upto  60  per cent. 
UpU  65  per cent. 
Upto  70  per cent. 
Upto  80  per cent. 
Upto  85  per cent. 
Upto  90  per  cent 
above  90  per cent. 

..  Nil 
..  5  per cent. 
..  10  per cent. 
..  15  per cent. 
..  20  per cent. 
..  25  per cent. 
..  30  per cent. 
..  35  per cent. 
..  40  per cent. 
..  50  per cent. 

Upto  50  per cent. 
Upto  55  per cent. 
Upto  65  per cent. 
Upto  70  per  cent. 
Upto  75  per cent. 
Upto  80  per cent. 
Upto  90  per cent. 
Upto  95  per  cent. 
above  95  per cent. 

.... 

Nil 
5  per cent. 
10  per cent. 
15  per cent. 
20  per cent. 
25  per cent. 
30  per  cent 
35  per cent. 
40  per cent. 
L 

.... 

The  Third  Schedule  was  added by  Mali.  21  of 1986,  s.  6. 

PItI'rn:D  Ar THE GOVER?.'MET PRESS,  WAL 

c-J. 

F'  Wai-45 Pages  4,060 

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Maharashtra G overnm ent Publi c at ion s 
can be obtained from- 

I  THE DIRECTOR 

GOVERNMENT PRINTING,  STATIONERY  AND  PuBucAT'oNs 
MAHARASHTRA STATE. 
Netaji Subhash Road, 
MUMBA! 400 004. 

Phone :  022/ 236 326 93, 

236 306 95 

23631148, 

23634049 

s  THE MANAGER 

GOVERNMENT  P1oTozrNco  PRESS  ANI)  BXK DEPOT 
Photozinco Press Area. Near G R O. 
PUNE 411  001. 

Phone :  0201261 258 08, 

26 1  289 20 

.  TIlE  MANAGER 

GovRnItwr PRESS AND BOOK DEPOT 

Civil Lines, 
NAGPUR 440001. 

Phone:0712t25626 15, 

2562815 

.  TILE ASSISTANT DIRECTOR 

GOVERNMENT  STATIONERY,  STORE  AND  BOOK  DEP01 
Railway Station, Paithan Road, 
AURANGABAD 431 00!. 

Phone :  0240/ 233 14 68, 

233 1  1  09 

.  TH1  P'1ANAGER 

GOVERNMENT  PRESS  AND  STATIONERY,  STORE 

Tarabai Park, 
KOLUAPUR 416003. 

Phone :  0231/ 265 03 95. 

265 04 02 

AND THE RECOGNISED BOOKSELLERS 

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