GOVERNMENT OF MAHARASHTRA, LAW AND JUDICIARY DEPARTMENT MAHARASHTRA ACT No. XXVIII OF 1977. ‘THE MAHARASHTRA HOUSING AND. AREA DEVELOPMENT ACT, 1976. (As modified upto the 30th July 2018 ) (TED IN INDIA BY THE MANAGER, GOVERNMENT PRESS, WAI AND PUBLISHED BY AND PUBLICATION, MAHARASHTRA STATE, MUMEA! 400 004 2018 (ues: Rs, 6800)‘THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT Press, — 1A, 16, 1" 18, 10. 20. a 2 2, SEB == ‘CONTENTS, CHAPTER I. Prana, Short title, extent and commencement of Act. Declaration. Definitions. CHAPTER IL erasuisitsr or re Aurore ao Bostos, Enablishment of Authority. ‘Authority to be corporate body and local authority Non-applicabilty of Rent Act or any corresponding law. Constitution of Authority. ‘Term of ofc Conditions of service of President, Vice-President and mn-offiial membors Resignation of non-official members. ‘Temporary absence of members. Disqualifiations of members Removal of members. Pilling of vacancios. ‘Proceedings presumed to be good and valid. [Existing Boards to continue until Authority constituted Organization ofthe Authority ‘Authorities charged with excention of this Act Procidont or Vice-President to be Chief Executive Officers, Establishment of Boards Appointment of employees and conditions of service. Provident fund, Expenses of Authority an staf Authority to abgorb eta of existing Boards Power of Sinte Government of reduction of remuneration or revision of| conditions of service for securing uniformity General disqualification of all employees. Conduct of Busines. Mootings of Authority ‘Temporary astociation of persons with Authority for particular purpose ‘Sections 25 snd 26 to apply to Mectings of Roars, 10 10 2 2 2 2 a “ “ “«i Maharashtra Housing andl Area (a977 tad 20cv IE ‘Development Act, 1976 Sonos, (CHAPTER I Fuvenons, Dus axo Pores orn Aurore > Boas. Paes 25, Ponctions, duties and powers of Authitty 6 29, Powers, duties and funetions of Boars, 16 (CHAPTER WV. ‘Bupees, Fou, Accouer ax Aus 20, Submission of budget to Authority 7 1 Sanetion of budget estimates, "7 32, Submission of approved budget estimates to State Goverment, v7 29, Sapplementary budget 1 34 Authority's Fund uv 85. Deposit of money in fund and operation theret. 18 38. Power of Authority to borrow. 8 37. Application of property, fund, ete 18 88, Subvention and loans to Authority. 1B 39, Accounts and audit 8 40. Cancarrent and special audit of accounts 9 CHAPTER V. Acatrsion oF Lax aN Disrosa.oF Phony oP Aeon. 42, Power of State Government to soquire land. 9 42. Power of Stato Govornment to require person in postesson of land to surrender oF deliver possession thereof to State Government. 43, Right to receive amount for aoquisition aia in Mat Ara 44, ose for detennination of amount fr aoquisiton of land a munlepal areas, 20, 45. Apportionment of amount for aoquisition a 46, Payment of amount for acquisition or deposit of same in sour, a 47, Powers of Land Acquisition Officer in relation to detarm nation of amount for 21 acquisition, ote 48, Payment of interest. 2 48, Appointment of Land Acquisition Ofer zB Lands in Rural Areas 50, Basis for determination of amount for acquisition of lands in rural ~ areas and other procedure Alternative Accommodation. 51. Altemative accommodation to oscupiers of residential promises where any 22 ‘nqquired building is to be demolished. 52, Powor to purchase or lease hy agreoment. 21977 :Mab. xxv Mohareshira Housing and Arca ‘Secnons Saee RaR 1. % 8. 1. ‘Development Act, 1976, Betterment Charges. Petterment charges. [Notice to person liable for betterment charges ‘Agreement for payment of betterment charges [Recovery of betterment charges. Certain Provisions for Purpose ofthis Act. ‘Transfer to Authority for purposes of thie Act l Carporation, Municipal Couns! or Zilla Parishad, Payment in rspectof land vested in Authority Power of Authority to tarn or elace public sreot vested init “Reference to Tribunal in ease of dispute under suction 58 or 58. Vesting in Municipal Corporation, Municipal Council or Zilla Parishad of| seats laid out or altered and open space provided by Anthority under any proposal, plan or project under this Act Digputes regarding reconstitution of plots, Authority to assume management of requisitioned lands Power to dlepose of propor. 1 vested in Municipal (CHAPTER VL Pores to Evicr Pensovs rou Avion Pasuuses ax Recovun Dues Appointment of Competent Authority Power to evict cortain porsons from Authority premises. Power to recover ent, componsstion, amount or damages ns arrears of Jand revenue, Rent, compensation or amount to be recovered from deduction from lary oF wagos in certain cases. CCompotent Authority to have powers of evil eourts Appeals. Bar of juriedition of civil eourts Penalty for obstructing lawful exersce of powers under this Chapter (CHAPTER VIL ‘Tamm ‘Teibunsl. (CHAPTER Val, Repams avo Reconsrmveriox oF Duannaro Bucs. Board for purposes of this Chaptor. Board to exersse powers and perform duties subject to the superintendence, direction and control of Authority ities relating to repairs and reconstruction of dilapidated buildings ay g 5 BEBE BREE gag a 2 2» ~ 30 20 20 a at at aWw Maharashtra Housing and Area (i977 Man, XVI Development Act, 1978 Sionons, Paaes 177. Special powers of Board, 2 7B. Penalty for contravening sacion 77 2 79. Power of Board to undertake building repairs, building wconstruction and 32 occupiers housing and rehabilitation schemes. 50, Where any building is repaired, old building material which is replaced to 88, booome property of Authority in exchange for new material provided, and provision for compensation in suitable eases, 11, Use of property assigned or entrusted by Goverment, Municipal Corporation. 33 ‘Mumbai Building Repaire and Reconstruction Coss 52, Levy and collection of Mumbai Building Repairs and Reconstruction cess. 89 488. Exemption of certain buildings and lands from payment ef ces. 35 84, Assessment book maintained under Corporation Act to contain entries 36 “showing eatogorca to which buildings liable to cass bolong and other particulars. 155. Mumbai Corporation to credit ces amount to Government. a 86. ‘Mumbai Building Repairs and Reconstruction Fund, a 87. Default of Mumbai Corporation in clloting or paying est. 38 Structural Repairs 88. Board to undertake structural repnira to buildings which ae in ruinous 38 condition and likely to deteriorate and fall. 89, Procedure before undertaking structural repairs 39 90. Temporary accommodation pending structural repairs “0 91 Repairs or reconstruction of buildings which suddenly edllapso or become 41 uninhabitable, 92. Submission of proposal for aquisition. 2 93. Clearance and eompuloory acquisition, 3 94 ‘Temporary and alternative accommodation to affected occupiers where “4 property is acquired 195, Temporary and alternative accommodation to curtain afeied occupiers ro where property ie aot to be acquired 95-4. Summary eviction of occupiers in cartnin cate. 4“ 96, Amount of acquisition, 6 ‘97, Contribution by State Government, Mumbai Corporation and Authority. * 98. Disposal of moneys received by the Board 6 90, Assistance from Mumbai Corporation. 46 100. Relaxation or moiification of eartain provisions of Corporation Act ar 46 Regional and Towa Planning Actin case of Boards recorstrucion proposal 101, Procedure for giving notice and obtaining permission for building to be 6 ropaired or reconstructed by Board. 102, Saving of powers of other authorities and persons to carry out rapairs and 47 reimbursement of cost for etrustural repairs in certain ers, 108, Revival of owner's duty to carry out tonantable repairs a197 Nah. XXVIIN} Maharashtra Housing and Area Sonos saa. 1038, 1o3¢. 10a, 1038, 1038, 1036, 103, 103, 10%, 103K, tat. 103M. 10. 105, 108. aa. 10s. 108, uo, uu. 12, us. 1. 1. 6. nr. us. uo. ‘Development Ae, 1976 (CHAPTER VILA. Acqusmow or Cesseo Props Fox Co-orezamve Soc or Occurs, Application of Chapter VIIA ta eertain buildings Acquistion of cessed property for co-operative Prohibition on transfer of land or building by society [Relaxation in requirement of minimum nimber of menership of ‘co-operative costes under this Chapter Non-member occupiers entitled to continue in tenements of cooperative society Application of Rent Act to buildings of co-operative society. Certain oocupers to be accommodated in transit camps Application of provisions of seetion 100 Reconstruction of new building by co-operative society. Protections to occupiers or allottees, Board for purposos ofthis Chapter. Overriding effect of Chapter VIILA, Power to remove difficulties. en af cccupier, CHAPTER [ByvinonneneaL DirnovenenT oF Six Board for purposes of this Chapter and its duties Power of Board to entrust improvement works. Use of property assigned or entrusted by Government, Mumbel Carporation, ote. ‘Tranefer of improvement works to Board. Declaration of shim improvement area and execution of slum improvement works Tmprovement works. ‘Association of members of local bodios with improvemon; works PPowor of Board to require the eccupiers to vacate premises, Restriction on buildings in slum improvement area. Orders of demolition of buildings in eartain eases. Recovery of Dues of the Authority. Recovery of service charges. Recovery of dues Appa ‘Slum Improvement Fund. Separate Shum Improvement Fund. Contribution by State Government and local authority to Fund, Action taken wnder Mal. XXIT of 1973 deemed tobe taken under this, Act Paces see B88 geeee QQR8R AR Bae sEe os 50 owi Maharashtra Housing and Area (i977: Man, VIE ‘Development Act, 1976 Establishment of Panchayats in Slum Tmprovament Areas Poss 120, Establishment of Panchayat 121. Incorporation of Panchayat, 122 Constitution of Panchayat 123, Disqualifeations 104, “Terma of office of members and their conditions of service 125. Commencement of term of office 128, Resignation of office by members, 197, Motion of no-confidence. 128, Mooting of Panchayat and procedure to be fllowed 12%, Powers of Sarpanch and Upe-Sarpanch. 190, Removal from office. 181. Filing up of vaconcios. 182, Vacancy not to affect proceedings of Panchayat. 188, Dissolution or superscssion of Panchayat for deta, peaeessessess Functions of the Panchayat, Finance and Control. 154, Duties of Panchayat, 185, Certain services to be provided by local authority and Ponchayat to be responsible for eallection and payment of taxes, fees and charges. 196, Use of property assigned or entrusted by Board 197, Violation of drestion under section 112.0, 188, Assistance to Board for eaerying out demolition, 199, Contacte 140, Recovery of compensation, service charges, ete 14L, Panchayat Fund. 142. Application of Panchayat Fund, 148. Appointmont of sorvants. 144. Bodgot and accounts. 145. Powor to eal for procooding, ete. 146. Power of Chairman or any office to inspect office of Pa Be haya 147. Power of authorised officer oF person to inspect and give technical guidance. Ma Audit of seounts of Panchayat. 140, Execution of works in caso of emergency. 150. Panchayat to conform t» instructions given by Boerd, 151. Liability of members for loss, waste or misapplication. 152, Entry for parposes of this Chapter. SSSRARRRRLERRBARB197 Mah. XV) Maharashtra Housing and Area Seems 153. 154. 15. 156. 157 158. 150, 160, 16. 162 163. 1624. 164. 165, 168 161. 168, 169, 370, am. a, a7, a4, 1. 176. im. 178, 179, Development Aet, 1976 Other Powers of the Authority under this Chapeer Powers of inspection, Power to enter land adjoining land whore work isin progress. Power to enter any place. COccupiers or owner's consent ordinarily to bo ebtainod. Power to remove affnsive or dangerous trades from sun improvement Penalties, CCossor of eorrecponding law. CHAPTER Prowse of Loans. Advance loans by Authority. ‘Teams and conditions for edvanding of loans, Loan. Advance Reserve Fund ‘Money borrowed for advancing loans not to be utilised far other purposes, ‘sistance for obtaining loans from banks oF finance insitutions. CHAPTER XI. os Power of Site Government to give directions and instrustions and to suspend resolutions and orders Power of State Government to order inquiries, ‘Reconstitution of Authority or Board Default in performance of duty Power to appoint Administrator Dissolution of Authority. CHAPTER XI Mascrsaneous, ‘Annual and other report, ‘Other statements and Power of eaty. [Notice of suit agsinet Authority, ote ‘Members of Authority or Bosrd or Panchayat, employees of Authority or Panchayat to be publie servants Protestion of action takan in god faith. Power of prosecution. Bar of jurisdiction Compounding offences. Authority t enforce certain contracts oF agroomonts rns ci Paors agas9 eesee ee 3 n n a 2 2 2 73 3 3 n awit Maharashira Housing and Aree (0077: Mah.xxVIE ‘Development Act, 1976 Seen, Pats 180, Recovery of sums due to existing Board or Authority as arrears of land 4 1B1. Power to delegate. 1% 182. Penalty for obstruction, ote % 189. Removal of dffialt. (CHAPTER XI, unas, Ragutarions an By-Laws 184, Power to make role. ™ 185. Power to make regulations 16 186. Power to make by laws. 16 187. Penalty for contravention of by laws, 7 CHAPTER XIV. RereaLano Saves, 188, Repeal end savings, n 189. Consequences of repeal 8 100. Mah. XLV of 1963 not to apply to Authority, ete. 0 191, Amendment of setions 2 and 40 of Mah. XXXVI of 1966, 0 192. Amendment of Schedule T of Bom. LIl of 1956, 70 193. Deleted. 7 FIRS? SCHEDULE. 80 SECOND SCHEDULE. 80 ‘THIRD SCHEDULE. a1077: ab. XXII Mahayashtra Housing and Area ‘Development Acs 1976 MAHARASHTRA ACT No. XXVIII OF 1977) (hw Masanasi Howse aso Ansa Davaxorsuse Acx, 1976) (is Act received the aetent of the President on the 25th day of Apel OTT; assont was frst published in Khe Maheraskina Government Gaette, Part IV on the Sth day of May 1977.) Amended by Mab, 4 0f 1977 ss a9 ori078 "ar ot2980 %29.0-19807¢ "13 of1981 #4202080) 38 91985 2-8-19807+ *dors9s6 @32.1985)¢ +» 15 0f 1966 eexs1-12-1085) a1 of 1985 +4¢26-21986)h 4501986 19-12-1986) * * 120f1989 922-1989) "ot yporie92 ai-s-1982)7 , 22 of 1992 £8(22-7-199231 = ref ia9e gg16-11-190297 = 50 of 1994 (-4-199004 ©» 4aof 1004 320-9:19904 7 ot dB F194 (6-12-1998) 25 of 1996 (4-9-1986) © © 48.0f1997 29-10-2097)¢ + = 16 of 1998 15-5-10980¢ = > 93 of 2000 aarac-2-20007¢ 538 of 2002 945.2000 + + Ger2005 eaaa129.s-20000¢ = BLof 2008 §(29-8-2008)} An Act to unify, consolidate and amend the laws relating to housing, repairing and reconstructing dangerous bul ings and carrying out improvement works in slum areas. agen-+ rT ls Rass akaradins Gaon? Gant 176, irpiny de nly 87a ne 9 Fy oa Comins dit Grae Ga! Bet useaorinery aaa 8h Hh eens fn arya to ASN Oats Ltt weed yi oh "si ey cy aes Ce the ons ha A the Sate Powe to coven ai = Get ine memeMaharashtra Housing and Area i977 :Mab. XVI Development Act, 1976 °WHEREAS on nccount of the rapid growth of industries in the urban areas and the fast growth of poptlation and commercial activities in such ‘arom, the nood of housing accommodation could not be met by the limited Towae construction activities in the private sector; AND WHEREAS in the urban areas and particularly in the *(Brihan Mumbai) area the old buildings which have outlived ther lives and rendered ‘themasives in a bad state of repairs and presented a dangorous possibility of collapse, necessity was increasingly fet to take ap the programme of ‘epics ond reconstructions of such buildings; AND WHEREAS due to acute shortage of accommodation in the urban areas skims have oome up which necessitated taking up improvement works in ‘lum areas, AND WHEREAS the magnitude ofthe housing programme for constructions fnew houses throughout the Seate andthe tack of repairs and reconstruction fold and dilapidated buildings and improvement of slums in tho urban areas 1s 50, great that itis necessary for the Stale Government to intervene and take effeative tape including soqusition of lande and buildings for carrying tout housing, repairs, construction and reconstrvction programmes over OF in such lands and buildings and transfering ownership and control thereof ta needy persons 20 aa ta bring about an equitable distribution of ownership ‘and contrl in houses in such lands and buildings to subscrvo tho common 00d MAND WHEREAS] there are at present various ecrporate and statutory bodies in the State which have been established, for dealing with the problem of housing aesommodation, for repsizing and reconstructing buildings in a bad tate of diarpair and prosenting a dangerous possiblity of collapse, for carzying out improvemental works in slum areas, a for advancing loans for construction of houses; AND WHEREAS the programmes undertaken by those bodies are more or lage complementary and there is oinsiderable overlaplag In thelr working or Fonetioning, AND WHEREAS it is considered necessary and expedient to cvordinate the howting programmes with an orderly development of urban ‘areas in the State; AND WHEREAS with a viow to integrating the acsivties of these bodies 0 as to provide for a more comprehensive and coordinated approach Ue the entire problem of housing development, and planning and development of fsrtain areag in a balanced manner, with sufficient attontion to eeslogy, pollution, over-crowding and amenities required for lending a wholesome vie life, tis expedient to establish a single Corporate Authorty for the ‘whole State and establish new Boards for certain arecs of the Stato to carry fut the plans and programmes of euch Authority for the purpses aforessia, te replace the exiating Baards by the now Boards afsresaid and to provide for matters connected with the purposes afbresald I Is hereby enacted in ‘the Twenty-seventh Year ofthe Republic of India es fllows >— + Tes wore or aud rhe mode” Grete Bombay hy ah 8 186, 2, Se). 5 RSS Won wurst rhe wort WHRREAS yah, 2 15864977 :Dah, XVI) Maharashtra Housing and Aree Development Act, 1976 CHAPTER 1 ‘Prous, 1. (2) This Act may be called the Maharashtra Housing and Arca Development Act, 1976. (2). "(Chapter VIE and Chapter VILA extend) only to *\Brihan Mumbai, and the rest of the Act extands to the whole State of Maharashtra including ‘fBrihan Mumbai). ‘@) "This Aet shall come into fore in auch area, fom such date, a8 the State Government me Afferent dates may diferent are ore z.. 3 by notifintion in the Offa Gaste, appoint, and ‘or different provisions of this Act for + 4 STLA._Te a hoteby declared thot this Act is forgiving fect tothe polly of the Stata towards securing the principle specified in cause (b) af article 439 of the Constitstion of Indio and the execution of Ue papas plans o projets therefor and the acquisition therefor of the lands end buildings and Fransferring the lands, bulling ar tenement therein to the needy persons tnd the co-operative adietioe of occupiers of such lands or buildings) ‘2. In this Act unless the context roqnires otherwise, 1) * amenity” includes road, bridge, any other means ef eommunication, transport, supply of water and leery, say other aoure of energy, seat Tighting, de ie, sewerage, educational and welfare projets, markets and fonservaney, and any eonvenisnes which the Seats Government may, in fencultation with tne Authority, frm timo to time by notification in the Offa Gazette, specify to be an amenity required for leading a Wholesome civic life for the perpaces of this Aets (@) “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) Authority premises " means any premises belonging to, or vesting in, the Authority, oF taken on oaso hy tho Authority, or entrested to, oF placed ft the disposal of, the Authority for management and use for the purposes of this Act {eolonation—In this clays ® Autorty premises includes any premises taken by pereons from the Authority under hirepurchase egreement, during She perl ay pumas a tbe made by such person fo the Aithonty “o tach agreement or until such agreement is duly terminated; ‘bettermant charges " means charges payable under section 58; (G)* Board” means # Board established under section 18; (7) = Beslding "forthe purposes of Chapter VII, means building in respect of whieh the oasis levied under that Chapter and includes a tenement lot fr intended to be let or oeeapied separately and a house, ut-house, stable, hed, hut and every other euch structure but does not include nny such balding Gr structure which asa whole is unauthorieed oe any bul temporary burg ae doBined in clause (2) of aoetion $ of" ‘Municipal Corporation Actl; age ae ea ig which is a 2 Bamba wa tla nodes gues” Char Vi tana {Miter noid rth ward" Creatas amy “Wy Ma 28 of 99 Sd 5 RetatieddeSsberatacakin teins eS Boomer tec Wand EpSNo" aA dort tunbo 4 dated tne ied Deeber 1 Scion td ‘TS aS ar oe hack prs Bes i re tic of hap it mar dle Joy Mab, 21 of 1986.88, z ori lhe Bombay Mancpa: Capri Act” byMadarashire Housing and Area (1977: Mab. XV ‘Development Ac, 1976 (6) *yotaws ” means byelaws made under sectin 186 (0) © cous * means a tax on lands and buildings leied or leviable under Chapter VII of thie Act; (U0) * Chairman " and * Vioe-Chairman * mé ‘Vice-Chairman, respectively of « Board; (11) * Competent Authority * maans an officer appointed to be the CCompatent Avthoity under tection 65: (22) * co-oporative society mens a co-operative housing saciaty registered or doomed to he registered under the Maharashtra Co-operative Socatios ‘Act, 1960; (13) * development", with its grammatical variations, means the earrying ‘out ef bulding, engineering, mining or othor operations i, or over, or under, say land (including land under sea, eeek, river, ake or any other water) oF the making of any material change in sny building or Innd, and includes re- {development and layout and sub-aivsion of any land, and also the provision ‘of amenities and * to develop "shall be construed accordingly; (14) “existing Board” means, — 1 the Chairman and the (@ the Mabarathtra Housing Board eonstitutad under the Bombay Pan, Housing Board Act, 1948, the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950, i) the Bombay Building Repairs and Reonstrucion Board constituted under the Bombay Building Kepairs and Reconstrosion Board Ae, 1960, Go) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slam Improvement Board Act, 1973, 7a Ceicen functioning in the State or any part thereaf immediatly before the appointed day; (15) * fund of the Authority * means the fund of the Authority referred to in section 34, (16) land” incldes open sites and land whieh is being built upon or is eesdy built upon, benefits to aris out of land and things attached to the arth or permanently fastened to anything attached tothe earth; and also Include land under soa, ereok, river, Ink or any other water, (£7) Land Acquisition Officer” means an ofleer appointed as such under socton 48 of thie Act; (418) “member (in elation to the Authority, means a member ofthe Authority including tho Prosident and tho Vieo-Prosident thereof, i) in relation to 4 Board, means a member ofthe Board including the Chairman and the Viee-Chaleman thereof, iin relation toa Panehayat, means a member ofa Panchayat including the Sarpaneh and Upa-Sarpanch thereof, Rusch @) wav Sid by Nak of 877, 2 Bair1977 Mah. XXVIIN) Maharashtra Housing and Area foam ‘Development Act, 1876 (19) “Metropolitan Act” means ‘the Mumbai Metropoli Development authority Act, 1974}; (20) "Metropolitan Authority” means tthe Mumbai Metrpolitan Region Development Authority) established under the Metropolitan Ack; (21) “Metropolitan Region” has the meaning assigned to it in the ‘Metropolitan Act; (@2) Municipal Commisslones” means the Municipal Commissioner of a ‘Municipal Corporation: (23) “Manipal Corporation” means a Municipal Corportin oxtalished or conatitutod under any lew for tho timo beng in foroe inthe State, (24) “Municipal Counel" means a Municipal Council established under ‘the Maharashtra Muniipal Councils Ae, 1985: an Region (25) "occupier" inciudos— {e) any person who forthe time being is paying or is lable to pay to the ‘nor tho ront or eny portion ofthe rent ofthe lad or balding in respect ‘of which mich ront fe paid or ie payable; (8) an owner in occupation of, or otherwiso sing, his land, or building; (©) a rontfro tenant of any land or building: (@) a Tieonsee in occupation of any land or building; and {@) aay person who is able a pay to the owner damagos forthe use and ‘ecupation of any land or building; 25)" owner *, when used with reference to any building or land or a part thoroof, lot or intended to be lot or ocsupied separately, nian the person who receives the rent of such building at land or a part threat, or who will be entitled to receive th rent thoreof i tho building or land or a part thereof wore Tot and ined {a) an agent or krustoo who reeves such rent on accant ofthe owner, () an agent or trustee wo recsives the reat of, or i entrusted with, or concerne for, any bulding, land or part thereof devored to religious oF charitable purposes, or (©) a receiver, sequestrator, or mansger appointed by any court of ‘eompetont jurludition to have tho chargo of or to exoreco tho rights of an ‘wnor of tho said building, land or part thereof, (d) a mortgagee in possession; 27) * premises" means any land or building or par of building, whether sulboriaed or otherwise, and includae— (co) gardens, grounds and out-houses, if any, appertaining to such boullding or part of a building; (@) any Sitting affixed to such building or part ofa building forthe more beneficial enjoyment thareaf, und (@) building oF a part of building lot or intandad to be let or sccupied separately, (@8)* procera” moans proseibed by rul (@9) "President" and “Viee-Prasident” means the President and Viee= Presidont, rospoctvely, of the Auhority, (Go) rateable value in relation to a bulling in any are, as the meaning assigned to it inthe relevant municipal law in force in such area 7 Tagg igen ptt be wld iste Boy Nain ‘igi’ Bevopael Aunty At 074 by Na 2a fe,» Se fare + Theme wore wore mbt for the ode “Botay Melrpitan Region Deeley ‘toy Mah" ob, 2th par Gh «Reith se chee teeters meeeS! Maharashtra Housing and Arve 977: Mab. Development Act, 1976 (31) regulations", means regulations made under setion 185; (82) relevant municipal law" moans — (@) "tho Mumbai Municipal Corporation Act (6) the Bombay Provincial Municipal Corporations Act, 1040 (6) the City of Nagpur Corporation Act, 1948; (2) "he Maharashtra Municipal Counsls Act, 1865; (23) "Rent Act” menns the Bombay Rents, Hotel and Lodging House Rate (contrat Ae, 1947: (94) “rac means ruls made by the State Government under section 184; (25) * Siam improvement area” meana any area declared as auch by & ‘Board under aub-setion (1) of section 108; (G6) * structural repairs" forthe purposes of Chapter VIII means repairs or replacement of decayed, cracked, or out of plumb structural components sf common acces, such as staircases, passages, water closats oF privies by ‘pow ones of tho like material or materils or of different material or materials eluding change in the mode of construction like eenverting Toad besring wall type or timber framed stricture to an ILC.C. aoe, or a combination Of both, which repais or replacement in the pinion of the Boer if not carried ‘out expeditiously, may result in the cllape ofthe building or any such part thereof and” strvetural repair” inchedes repairs and replacement ofall Kem ‘whieh are required to be repaired or replaced as consequonce ofthe repairs ‘or replacement aforesaid which are carried out or t be eazrid out, and also epauts ad replacement of the roof (ut not replacement of the tes only) fad of the drain pipes (including house gallis) fied ° the building, which, ‘not repaired oF replaced simbllancously with strictural repairs woul ‘atce further damage to the building. When such repairs to any building oF ‘any part thereof are carried out by the Board the bulding shall be deemed to'be structurally repaired under this Act (67) “Town Planning Act” means the Maharashtra Regional and Town Panning Act, 1966; (88) * Tsibunal” moans tho Tribunal constituted undor section 735, (89) * year " means a year commencing on the first day of Apri; (41) * Zilla Parishad” means a Zille Parishad established under the ‘Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961. CHAPTER 1 Esranssouewe Or To Avmoniny Aw Bosse 8 ‘The State Government shall, by notifieation in the Ojfieial Gazette, establish for socuring tho objectives and purposes ofthis Act, an Authority Wo bevaled the Maharashtra Housing and Area Developnent Authority forthe areas in which this Aet may’ be browght ints fore, fram Une to tine, Mate 301006 «2 Spore Oh is ene : hor eo he Aca be abit ay ‘te Maharshi Manipal Coons, Nagar Haney aut Fwy Ay 196 oe Mae $l of pe bag ea bone ote Mabrahnroviil Mask xxvitt Ben. 108.ah XXVI Maharashtra Housing and Arca ‘Development Ac 1976 4, (2)/Tho Authority chal be a body corporate having pecpetual suecession and n common seal and may sue or be sued init corporate name and shall be competent to acquire and hold property, both moveable and immoveable, ‘and ta contract and do all things, necessary forthe porpae of this Act (2) The Authority shall be deemed to be a local authority forthe purposes of this Ack 5. Tho Rent Act or any law corresponding thereto for the tine being in ‘oreo in eny area to which this Act extends,— (a) shall not apply to any Innd or building belonging to, oF vesting in, the Authority under or far the purpoae of thie Act (@) shall not apply aa against the Authority to any tenancy, licence oF other ike relationship created by any existing Bosrd ortho Authority in respect of any auch land or building; (e) bt shall aply to any land or building let, or given on lcanee, to any existing Board or the Authority. 6 (1) Tho Authority shall consist of a President, a Vice-President and seven other members—all appointed by the State Goverrment. 2) The President may bo either a fulltime Precidert or a part-time resident, Ifthe President is a part-time President then the Stato Govern: ‘ent shall appoint a full-time Vice-President, The President and Vico- President shall be persons who, in the opinion of the State Government, have administrative and management experience necessary far conducting find mianng the affair of the Authority under this Aet. The Authority shall Consiat of the following othor members, namely :— (c) bw official mombers whe, in the opinien of the State Government, have special knowledge of, or practical exporieneo i, publie admini- stration, nance, structural engineering, architecture, town and eauntry planning oF public housing; (@) five nomofcial members, of whom one shall be «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 Offeial Gazette, end ‘opin such publication, the Authority shall be deemed to be duly onstituted, 7. The President, VieePresident and every non-official member shall, subject to the provision of hie Act, hold office fora period of three years fom the date of publication of his appeintment in the Offeal Gazette ‘Provided that, the State Government may, by @notilleton in the Offiiat Gasette, extend the said perio by a further period not exceeding one year faa may be specified in tho notifietion Provided further that, after tho expiry of the period or extended petiod of his appolntment, « person shall, unless disqualified, bo eligible for re-appointment as the President, the View President or auch member, 50, however, that he does not hold office for @ period of more than seven youre in the agaveste, 8. (1) Remuneration and other condition of sarvioe of the Prosidont and View President who it 4 non-official shall be such as the State Government say by order dotarmine. on Mii adage sito oon4 Maharashtra Housing and Area (0977 ah. xxv Development Act, 1978 (2) Every nonafficat member shall eceve such allowanees for the purpose of meeting personal expenditure incurred in nlionding the meetings of the ‘Authority ot for attending to any other business of the Authority as such ‘member, as the Slate Goverment. may by order delarine. (3) The remuneration of the President, VicePresdext and the allowances to the nowofficial members shall be paid fom the fund of the Authority (@) Notwithstanding anything contained in this Ad, if a member ofthe ‘State Legislature ie apointed ao a member ofthe Acthorty Gncuding the President or the VieePresident thereof), he shall not be ented to reece ‘any rmuneration other than teavellng allowance, ally allowance or such ‘tor allowance whichis paid toa member of the Authority for the purpose Sf mosting the parsonal expenditure incarred in attmnding the meeting of {he Authority of in performing any oer funtion at such member. usigntionof 9. ‘The President, Vice-President or any non-official member may at any ‘stroll time resign his ofce by wrting under his hand addrossod to the State ‘Government, end upon the aceptance thera, the office of the member chal Decome vacant ‘Teaser, 10. If any member is by infirmity or otherwise condered tomporsrily Este incapable of carping out his duties as a member or is aboent on leave oF cthervie, not invlving the vacation of his appointment, the Stata Govern- iment may appoint anather person to officiate for him and carry out his Tnetions under this Aet or any rules or regulations made thereunder Diqulifos, 11. (1) Subject to the provisions of this section, a person shall be oof disqualiied for being appointed or entinuing aa the President, the Vice- voamiors Present ar the non-ffical member of the Authors, if he — (@) holds any office of prof under the Authority, (6) is of unsound mind, and stands so declared Wy a competent cout, (© is an uncertifiented bankrupt or an undischarged insolvent, (a) bas 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, (© ism Diostor or » Sorotary, Manager or other salaried officer of eny incorporated company which haw any sare or inter in any contract. ot ‘employment with, by or on behalf of, the Authority, or () has boon or is convieted of any offence iavolving moral turpitude (2) A person shall not be disqualified under clause (a) of sub-section (1), by reason en of being a President or a View President, and, inthe case of 2 representative of the employees hy reason only of bean employee ofthe ‘Authors. (3) A person shall not, however, be disqualifed under clause (oF (of sub-section (1, or be deemed to have any share ov inerest in any contract trempleymont within Une meaning of these clauses, by reason only of his, oF the incorporated sompany of which he is @ Dieeto, Secretary, Manager er ‘thor slaved oer hmong share ov interest in any sewepepe in which Sy advertisement relating to the airs of the Authority is inserted @) A preson shall not also be disqualified under dause (dor (eof sub- sation (1) or be deemed to havo any share or intret in any iniorporated company which has any share or interest in any eaatract or employment ‘ih by or on bef of the Authority, by reason only ois beings shareholder of such company Provided that, such person discloses to the State Government the nature sd extent ofthe shares held by hum1977:Nah, XVII) Maharashtra Housing and Area na) ‘Development Act, 1978 12, (1) The State Government may, by notification in tho Offiial Gazette, remove fram office the President, Vie-President or any nco-offiial member who — (@) is, has become, subject to any of the disqualifentons mentioned in section 11; oF (8) in the opinion of the State Government, has been guilty of any ‘misconduct whethor bafao or after tho appointmont or neglect, or has $0 busod his postion as to render his continuance as member detrimental to the interests of the Authority or ofthe general publi, oF is otherwise Unit to continue as member, or (@) is absent without permission of the Authority fortwo conseeutive meetings of the Autharty Provided that, no person shall be so removed from office unless he has been given an opportunity to show cause agains hia removal (2) Notwithstanding anything contained in section 7 or cher provisions of this Act, the President, the Vice-President and other members shall hold office during the pleasure of the State Goverament; and the State Govern- ‘ment, if it appears to it to bo nocossary or expedient 49 to do in the public interest, may by order remove all ef any of them from office at any time, 1B, (1)Tn the event ofa vacancy in th ofie of any member, the vacancy say be filled by the State Government, and the person so appointed shall hold office ao long only ae the member in whoee place he i appointed would Ihave held office @) A vacancy of « member shall-be filled as early as practicable Provided that, during any such vacancy, the ontinuing members may fact as if no vacancy iad ocurred. 414. No disqualification of, or dofact in, the appointment or continuation of any person acting as a member of the Authority shall be deemed to vitiate fany acto proceeding ofthe Authority, f such not or proceeding ia otherwise fn acenedance with the provisions of this Act. 15, Until the Authority is duly constituted under section 6, the existing Board shall continue to Rnetion in the grea of ita juriadietion and folds of sclivity; and on the constitution ofthe Avthority, the existing Board shall Stand dimolved and the members insluding the aico beararsthereot shall ‘vacate their ofies. ‘Organisation of the Authority. 16, (1) The authorities charged with carrying out the provisions of this Act are — (q) the Authority, (6) the Prosident and the Vice-President of the Authority, (e) the Boards, (@) the Chairman and the Vice-Chairman of the Boars, @ the Chief Officers of the Boarde, having part-tine Chairman snd sl20 part-time Vice-Chairman, (2) Bery Board shall be subject to the suporintenderee, direction and control of the Authority for the purpoace of this Act. Remora Athorion Setifa Mharoshra Housing ond Arse tuorreman.oxvat ‘Beelopment Ac 16 Prleer 1%. ‘The President fhe isa full-time Prasidet, shall be the Chief Provident wy Executive Officer of the Authority, and if the President is not a full-time "SEE proton, the ViexPressent thal be the Chit Earestive Ofer ofthe ae? Asthorty under the general aperinondence and cota ofthe Present Youn, 18. “U0 (@) The Bie Boards whieh have bon established before the a Este! commencement of the Mabaasbisa Housings res Developmen (Send to ‘Niendiest) Act 1902 ar shows in clan 1 of the flowing tal all Ihave the area of jurisdiction shown against each euch Board in column 2 of that table, ‘TABLE ‘Area of Jarsdiction Name of the Board ee 1 2 (@ “The Mumba Housing and (a) "The City of Mumbai ‘Area Development Board] (b) “(The Mombai Suburban}, (@) Tho Nagpur Housing and (a) Nagpur, 16) Chandrapur, zea Development Board, () Gadhia, (2) Bhandara, (e) Wardha. () The Avrangabad Housing (a) Aurangatad, (6) Jalna, and Area Development (e) Pasbhani, (d) Beod, Board. (e) Nanded, 9 Osmanabad, (@) Latur, (4) The Pane Housing and (a) Pono, () Satara, (6) Sang, {rea Development Board, (@) Solapur, a) Kolhapur. (6) Konkan Housing and Area (a) Thane, (8) Raigad, Development Board, (e) Sindbderg, (2) Ratnagle (®) The State Goverament shall, by notfiention in the Official Gazeta, establish the following two Boerds having the area of jurisdiction in the dlistrils as shown against each of them, on and with effet from such date 8 may be specified in that notification, namely.— (4) ‘he Amravati Housing and (@) Amavats,(b) Akola, ‘Avea Development Board. (e) Yavatmal, @) Buldhana, (2) ‘The Nash Hovsing snd (a) Nathik , (8) Ahmednagar, Area Development Beard, (e) Dhsle, (Jalgaon, #1) The State Government shall, by notfiestion in the Official Gazate, ‘establish the following two Boards for carrying out te activities of repairs tnd reconstraction, and slum improvement having the area of jurisdiction in he cctin was eb fr evios() ml ADby Mad 28 of 003,22. * Rise wont wee athe he ara “The Bombay Heine sed Ana Deeloyent ‘Bed by a 5 tf 2 Sch pan + Mh ns were ste nwo" Cy eb Mah A 86, 2 ‘hc wd woe etd re wr “Benny Si” Ma. 8 105 2 Bins war aed y Mab 110105, 2 (01977 :Mah.XxVE Maharashtra Housing and Arvo Development Act, 1876 ‘the districts as shown against each of them on and with efit from such dato ‘as may be specified in that notification, namely-— (@) fhe Mumbai Repairs and ={The City o” Numba] Reconstruction Boardl (@) fhe Mumbai stom (e) “Ihe City of Mumbai] Improvement Board) (6) Ae Mumbsi Suburban} (2 very Board shall eoneiet of « Chairman and not more than “117 other members inluding a View Chairman, if any, of whom net lass than 3 shall be oficial All Use members including the Chairman and tho Viee-Cheirman, s¢ fang, shall be appointed hy the State Government (G)_ Not le than two non-official members shall be persons who, inthe opinion of the State Government, have special knowledge oF practical bxperience in finance, structural engineering, architecture, town and country planning, and publie housing. G@)_ The names ofthe Chairman, Vice-Chairman, ifany, and other members of a Board shall be published in the Official Gazette, and upon such bublcatin, the Boaed shall be deemed to be duly constituted, (@) The appointment of the Chairman and Vieo Chairman of « Board may be either whole-time or part-time aa the State Government may think Bt. ‘When the Chairman is appointed as a wholotime Chairman, he shal be the Chief Officer of the Boar (6) Where the Chairmen is appointed as a part-time Chairman, the Vice-Chairman, if full-time, shall be the Chief Offieor of tho Board. Ifthe Vige-Chsirman is lao part-time, the State Government shell appaint a Chiat Officer of the Board, and be shall be an Ofieer of the Boar (7). Every Board shall have a Chief Accounts Officer. He shall be eppsinted hy the Authorily with the provious approval ofthe State Government, (@). The provisions of rections 7, 8, 9, 10, 11,12, 13 and 14 shall apply mutatis mutandis to 8 Board or to the coopied members of the Technical Committee appointed under sub-section (10) ai soe tas they apply in relation to the Authority (9) Bach Board shall be provided with such employees ax the Authority may, by order in writing, determine. The Board shall within its jurisdiction be responsible for administering and managing the affairs ofthe Authority for the purposes of this Act (QO) "Phe Musnbai Repairs and Reconstruction Board shall appoint ‘Technieal Commitiee, consisting of not leas than six ofits nombors and may fovopt not more than three other persons on the Committeo who are not ‘members of the Board, Subject to the superintendence and oontol of the Board, the Technical Commitiee shall sanction and supervise the repairs ‘and reconstruction works, including the construcion of transit camps, on behalf ofthe Bosrd under Chapter VILL. The Board may delogato euch of ita ‘thar finetions tinder Chapter VIII ta the Commitiee as it may decid. Wa 2 2 2 € # ss ae rari aah ce aa acim ‘Theat or bid fr he work“ ey Ski Igor Bea” by + They bbitll he weds Bamlay Sabre by Ma. 2 1986, 1 Thi gue eee. Fay ia 194 0 ‘Bbscdiba G1 were dled by Mahe et 0 {9FFene 3 oh mae ePPinted under SAE was Gln hy ab i a 3 an2 Mabarashtre Housing and Area (977 Man. ‘Development Act, 1976 Apmiounent 18, (2) The Authority shall, with the previous apgsoval ofthe State met Government appoint n Financial Controller and a Secretary ‘enaileoe@? (2) Subject to such directions regarding creation of any post and fling Exgense ot 21. *(1)] All expense sen thereof asthe State Government may from time to tim by an order ia writing determine, the Avthority may appoint such other enployees fom time to time for the effsiont performance of itr fametions as it Unk it. @) The employees appointed under this Act shall bo the omplayoss of the Authority notwithatending the fet that they azo working undor any Board (4). Subject tothe provision ofthis seston, the remuneration and other conditions of sovice of employoss appointed by the Authority shall be such ‘as may be determined by regulations Provided that, subject to the provisions of sections 2,23 and 189, the terms ‘and conditions of service applicable immediately befie the appointed day to any employee shall not be varied to his disadvaatage exsept with the previous approval of the State Government. (6) The State Government may make rules "with effect from such date ts it may specify] fer regulating the mode of recruitment by holding examinations or otherwise, including provision for the absorption oF promotion of persons already working under any existing Board or otherwise fad providing fr terminal benefits ouch a compensation, pension or gratuity for the like to person who elect to retire Peviios, 20. (J) Tho Stato Government shall establish » provident fund for ‘to employees of the Authorisy, and such provident fund (hereinafter called ag “the provident fond ”) shal, notwithstanding anytiag eontained in sation Sof tho Provident Funds Act, 1925, be deemed tobe a Sovernment Provident Fond for the purposes of that Aet; and such prevident fund may be administered by such officers of the State Government or of the Authority, fs the State Government may specify in that bohalf. (2) The Authority shall, in respect of each ofits employees who is a subscriber to the provident fund, pay into that fund such portion of the fantribution in gach manner ag the State Government may, from time to time, determine incurred by the Authority, including expenses wotorty¢? ineurred on account of salaries, allowances, fees and other remuneration payable to the employees sorving under the Authority shall be met from the fund of the Authority. (2) The Authority may, ab its discretion, make from out of its fond, contribution of such amount aa i deems Wt to the Emaloyees! Welfare Fund, Many, constituted by the employoua ofthe Authority and menagod by the society, formed by such employees and registerec under the Societies Fegistration Act, 1860 and *the Bombay Public Trusts Act, 1950, _Aattony 22. (1) Sujet th provisions of sation 189 and ater provisions ofthis "TS! act every person, who was a wholetime employee of any exlating Board Sourdl immediatly before the appointed day chall, on and Eom that day, become, Thee words wer inerid by Mh of 886 «2 2 Secoa 91 wan renumborod ne sB-cton (ere and tr subsection 1) we 5 Raber cab (2) wars by 1 of 150, 22 xxvut1977 :Mah. XVII) Mahorasktro Housing and Arca is, ‘Development Act, 1976 and be absorbed as, an employee of the Authority. He shall hold his off in the Authoriy by the same tenure, at the same remaneration and upon the same terms andeonditions and with the same rights and pivleges as to pension, iratuity and provident find and other mattors ashe would have the same on the appointed day ofthis Act had not been passed, and shall continue todo 20, ‘onlese and until his employment in the Authority is terminated or until his remuneration terms end conditions are duly altered by tho Authority Provided that, nothing cantainad in this seetion shall epply to any such employee who has, by notice in wsiting given to the State Government prior to the appointed day, intimated his intention of not bosoring an emplayee of the Authority. (2) If any question atiee as to whether any person was whole-time ‘employee of an existing Board immediately before the appointed day or not, the question shall he referred tothe State Government, wloae decision shall be final, () Notwithstanding anything contained in the Industial Dispates Act, 1947 of any other lnw for the time being in free, the cbsorption of any employee of an existing Board by the Authority aball not entitle any uch smployesto any compensation under that Actor other lew, and no such claim ‘hall be entertained by any Court, Tribunal oF other Autry, 29, (2) Where the State Government is satisfied that fr the purpose of Fowerot ” securing uniformity in the seales of remuneration and the other torms and 2% un, ‘onditians of service applieablo to the employees who are absorbed by the stredosien of ‘Authority under section 22 itis necessary so to do, oF that, in the inteveat =r of tho Authority, « reduction in the remuneration payable or a revision of Soins of the other terms’ and conditions of wervice applicable, to exiployees or any Sree élaas of employees is called for, the State Government may, notwithstanding. Sify. fnything contained in section 22 or otner provisions ofthis Actor in the Industrial Dispates Act, 1047, or in any’ ther lw for the te belng in force, for in any aveard, etlement or agreement for the tine being in free, ator (ehether by way of reduction or otherwise) the remuneration and the other tems and conditions of service to auch extent and in such manner ao it think At; and ithe alteration is mot acceptable to any employee, the Authority may terminate his employment by giving compensation oquivaler to throe months’ remuneration unless the eontractof service with such employee provides for ‘shorter notice of termination Esplanation.—The compensation payable to an employee under this section shall be in addition to, and lil nob affect, any’ pension, gratuity, provident find meney or any other benefit to which the smployee may be entitled under his eantract of service. (2) Notwithstanding anything contained in sub-section (2), 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, eo as to be Jess than the remuneration paid or payable to him on the Ist January 1973 plus tho increments earned by him during the period from the said date to the appointed day 24, No person who has directly or indivetly by himself or his partner or Geos agent nny share or interest in any contract, by or on behalf of the Authority Sealife than copies or in any employment under, by o on behalf of the Author other ‘as an emplayeo thereof, shall beeome or romain an omplayes ofthe Authorityu Maharashtra Housing and Area (u977 Mah. XVII ‘evelopment Act, 1976, Conduct of Busnes Mectop of 25, (1) The Authority shall meet a such tines, a ast onc into months ‘ch an at sch placs ws tho Proidnt may detersine {@). Tho President or in bie ubzonc the Vie President, and inthe absence of buh the resident and VieePreiden, any other menber chosen hy the ‘members prosnt fm amongst thenselvs, shall presde at a meeting ofthe ‘thoy (G)_Allqutions at a menting ofthe Authors sell died by amajrity of votes ofthe memiers prea and voting; and in Uw ease of a equity af ‘en, the penn presiding shall have and exercise @ sod or easing vot. (@) ‘Three members abel form » quorum to eanstitato 8 moaine of tho Anthony (6), Minates shal he kept of the names of tho members preent and of eihers who azed the meetings of tho Authority under te provisions of his ‘Actand af the proceedings ofeach meating in minuto book tobe Rept ot {he purpace. The minutes call signed atthe mort sete mosting ater ‘esrnaton at such mating and sll be open to insfecon by any member Airing of hours ofthe Authority (6) Subject to the foregsing provisions, the Authosity may observe sich rule of procedure in epard othe eansacton ofits business os may deem proper and expedient” Tengen)" 26. (1) The Authority may associate with itself, any person whose grain asstance ar advice it ny desire fr eying Into eff any of te provions Sime of ths Act. PRL Provided tha, the number of persons en aasacatad shall not bo mar than er: Po (2) person auscatd with the Authority under sb-section (0) fir any rors salve the ight to takepart in te deletions ofthe Acthonity ‘int ta that purpose, bt shall not have te right to vee (G) The State Government may, by are, depute its representatives to autend any meeting of the Authority and to lake part in the deliberations af dhe Authority, on ste tems subjects asthe State Government may sec), tut uch reprenestatives shall not have the right vote. Saint 25 “21, The provisions of section 25 in relation to meetings of « Board and of ‘ad seton 26 ta vlation to tomporay asointions af prsne with a Board shall aucl2d 4 apply wa they apy i relation to ootngs of tho Authority a in rlatin to rE: temporary ascosetion of porns with the Author, with tho totieations tare i subsection (2) of section 28 for the word * Authority * the ward * Board” and for the wards "into moaths "the words = @ mth” and for {he word" President” tho ward " Chafrman ™ shal, veopecively be sstatieted (2) in subsection (2) of section 25, for the word * President * the word * Chairman * and fr the word” Vie-Presdet "the word Vie Chairman” shall be subsitated: (a) in ech of sub etions 2) (2) 4, (5) and (of ection 25, fr to word + Aathonty the word" Board” shall be susttte (@) in sub-section of section 25, for tho words “Three mambers* the words “One hid ofthe members” shall bo satis (5) in section 20, fr tho word" Authority * wherever tocar, the word + Dona» shal Be mba. "Ties rode wo wad th ‘aptly By Ma TBF,1977:Mab. xxv) Moharashire Housing and Area Development Act, 1978 (CHAPTER IIL Fuvenoss, Dunes avo Powans or mz Aurnoury axo Boas. 26, (1) Subject to the provisions of the Town Planning Ast, and the Funai provisions of clansae (3) and (i) af sub-section (1) of section 12 nnd section ses a 18 ofthe Metropolitan Act it shall be the duty and function af th Authority,— Ratha (a) to prepare or direct the Boards to prepare and exeeuis proposals, plans or projects for— (housing accommodation in the Stato or any par thereof, gle, inchuding transactions in the nature of hire-purchase of tenements in any building vested in, or belonging to, the Authority, letting, or exeaange of property of the Authority, development including provision for amenities in areas within the jriadietion of the Authority, (ii clearance and re-development of slums in urban areas; (Go) davelopment of peripheral areas of existing urban ares to ensure fan orderly urban ovorspll; (©) development of commercial contres; (ci) development of new towns in accordance with the provisions of the ‘Town planning Act, (oi) development of lands vested in the Authority; (cit te closure or demolition of dwellings or portion of dwellings unfit, for human habitation; Gx) the demolition of obstructive or dangerous and dilapidated buildings cr portions of such buildings, G) repairs to, oF construction and reconstruction of buildings; Gi) the slum improvement works and improvement of sanitary srrangements required in any slum improvement area, including tho fonservation and prevention of aay injury or coatamization to rivers or bier sources and means of water-supply (Gif) undertaking and promoting prefabrzation and mace production of buildings companents; (@). to manoge all lands, houses and buildings o other rropesty vested in, or belonging to the Authority, (©) to approve proposals, plans er projects propared ly Boards; (G@) to rave resources for the prpore of earring out the objects af thia ‘Act and subject tothe directions, if any, mado by the Stato Government, to ‘make suitable allocations of resources to the Boards, (@) to approve the budgets of the Boards; (9 ta lay down policy reganing disposel of doveloped sites and housing tenements of the Authority; (@) to tive directions to Boards for developing areas which in the opinion of the Authority should be developed; "Why to advance loans orto assist persona in obtaining lau from banking or finance institutions in accordance with the provisions of Chapter X:] 9 todo all such matters and things as are necessary for the exercise oF performance of allo any ofthe fonction and duties of the Authority including Incareing of exponditure in that behalf 7 Ghee eae ively Mab 1 of 188 a6 my oes Maharashtra Housing and Arvo o7T aan. ‘Development Act, 1976 (2) Im addition to the dies aad functions seferzed tein subsection (1), the “Auttority may undertslce such other duties and fants, including thace of {Planning Authority of Special Planning Authority nder tse Town Planning ‘Act, as the Slate Government may acaign ta the Authority in any specified ad nd in dango, the Author lb deemed tobe fling the purpeses ff thls Act and the provision of Act shall pply to the Authority in expect of {howe duties and functions ele, (G) The Authority may exercise all or any of the fllowing powers for the purpose of discharging i fonctions and performing ta duties undor this Ae amely = (i to borrow; (G) to enter into egrooments and contracts; (ito sel, purchase, lease, mortgage, exchange, perttion or otherwise transfer any ian or building orto hald land entrust to it by Government or by any authority, (io) to make regulations regarding — (a) procedures to be followed regarding contracts, oe. (@) operation of acrounts of the Authority; UG) all mations peresning to staff of the Authority; {o) to promote or to participate in the formation of limited companies under the "Companiea Act, 1036, in furtherance a tho objactives of the ‘Authority with the prior permission of the State Government; (oi) management of each estate inluding co-operative socetios; (vi) to enter and search any Authority premioes aftr due note, when necessary to the inmatas thereat, (cid to execute or cary out any repairs tothe lands or buildings vesting in or belonging to, the Authority: (Gx all other powers necessary for carrying out the purpose ofthis Act including the power to levy or charge fos. 29, (1) The powers, dtie and Fanctons of the Boars shall, subject to the provisians of sub-section (2), be— “a t prepare proposal, plans or projects for any ofthe matters referred tain clause (@) of aub-seeion (1) of secon 28 and exceuta thom; (6) to enter into contracts in the name of the Acthority; (6) te fanction on behalf of the Authority ns Special Planning Authority vuniar the own Planning Acts “d) to carey out such powers, datos and fonctions asthe Authority may delegate to the Boards (2)*P(7The Mumbal Housing and Area Development Board othe Mumbai Repairs and Rosonstmicion Boar lube Mumbai Sku Iaprovemsent Board) ‘or the Konkan Housing and Area Derelopment Boare as the ease may be, ‘hall exeeate any such plan or projec within its area of jurisdiction] tn the Metropolitan Region ao a2 not tobe inconsistent withthe projects or sehemes formated forthe development of the Metropolitan Regio or any part Uheteot uundar tho Metropelita Act. a RR sia tel ar emerge omen eT [aac dancaniocnd cane pat-pac rl » Roto evened srg Sly ute ol Ae Dnpen Fac enema bein gare te Det et ES Gane bhmnmerstne + hse eatery ttn notion1977 Mah. XVII Maharashtra Housing and Area wr) ‘Development Act, 1976 CHAPTER IV. ‘Boner, Froser, Accouwrs AKO AUDI. 80, *[(L) The Chief Exeoutive Officer or in his absence the Financial Contfuller or such office, as may be specially or generally authorised in this behalf, by the Authority shal, al special meoting to be hold not Inter than Sst March ia each year, lay before the Authority, the bulgot estimatos of the Authority for the next year) (2) Every auch budget estimates shall be prepared in such form 8 the State Government may, ftom time to time by order, determine, end shall provide for, G) the proposals, plans and projects which the Authority proposes to sxocute whather in part or in whole during the next year; (Gi the due fluent of all the lisbiliias of the Authority, and Gi) the inmplamentation of the provisions of this Act and such estimates shal 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 ‘he State Government may ret, The budget shal cleariy veel the financial outlay and performance (@) The Chief Officer of every Board shall prepare annvally on or before ‘sch date and in such form as the State Goverament may om timo to timo by onder determine n budget estimate of the income and expenditure of the Board for the next year relating to the proposals, plans or projesta to be ‘undertaken or continued or executed from the fonds of the Authority (@) Every Board shall 98 900n a8 may be, aftr the said date considar the budget estimates 20 prepared and approve the same with or without ‘modifications and forward it tothe Authority fr the ineusan thereat in the budget estimates of the Authority before such date asthe State Government ‘may, from time to time by order, dotermine ‘BL. ‘The Authority shall consider the busget extimater eubmittad to it uv a under section 30 and approve the same with or without mnaifiations on or Bade before auch date aa the State Government may, from timo te time, determine ‘The budget estimates forwarded by every Board hall form part ofthe budget satimates of the Authorty. 82. (1) Evory budgot estimates approvod by the Authorty under the last preceding seein shall be submltted tothe Stato Government for infermation. (2) After the receipt of the approved budgot estimates, the State Government may ae fae as practicable before the beginning of the next year, “sunzectto the Authority, such modifications therein asthe State Government may doem ft, and the Authority shall earry out such mdifieations in the budget estimates in such manner ae the Authority may think fi ‘33, ‘The Chief Executive Officer may, at any time during the year for whieh a budget has been approved by the Authority, lay before the Authority {supplementary budge! estimator and the provisions of extions 90, 31 and 32 shall, 2 far as may bo, apply to such supplementary budget estimates 34, (2) The Authority shall have its own find. @)() All moneys received by the Authority by way of grants, eubventione, donations and its fr all oe any af the purpasea ofthis Act (@) All proceeds of land or any ather kind of property std or disposed of by the Authority, all rents, deposits, Betterment charges and al interest, profits and other monays accruing to the Authority, 7 Saacan (wan saat by Mab 8 B00, as Gorcamoat18 Mataraskira Housing and Area (u977 mah. xxv Development Act, 1978. all loans roesved by the Authority; shall contitot the fund of the Authority one ese Depot of 35. (2) Except as otherwise directed by the Slate Government, all moneys smpetntundgrming port of the funds of the Authority shall be deposited in the Reserve ‘meet Bank of Tadia or in such Scheduled Bank or inveatel in such securities ae thay be approved by the State Government. ‘Explanation —Por the purposes ofthis action, the Reserve Bank of Tia means the Reserve Dank of Fadia a TMunbai) consisted nds the Reserve Bank of ni Act, 194, and a Scheduled Bank means Bank included in the Lat Second Schedule Yo the said Act ad (2) The fond of tho Authority shall be operated upon by such officers as may bo authorised by the Authority. foreref 36. (2) The Authority may, fom time to time wit the previous sanction ‘utter @ of the State Government and subject to the provisions of this Act and to such Conditions az may be preseribed inthis behalf, borrow any sum required for ‘he purpoces of this Act. (2) Mhe rules made by the State Government forthe purposes of tis section say empower the Autherty to borrow by the issue of debentures and to make arrangements with bankers. (G) All debentures iasued by the Authority shall be in such form as the Authority withthe saneion ofthe State Government, may, fom tne time, determine (@) Brory dsbentur shall be signod by tho Prsidentand ono othor member ofthe Authority asthe Authority may by order specfy inthis behalf (6) Loans borrowed and debentures issued under this section may be guaranteed by the Slate Government as to the repayment of principle and the payment eintrest at such rate as may be xe bythe State Government Aosiation ot 37 All property and fund ofthe Authority and allother assets belonging KEENE to, oF vesting in, the Authority shall be held and applied hy it subjet to the ‘roviions, aad for the purpases, of this Act. Suprntin — 88, (1) Any Goverament oF load authority (and every ocal authority ta relia rey nuthorsed to dm) may, from time to ie, ake subventons to the ‘Authority for the purposes of this Acton such term and conditions as the Btate Government may determine () Any Goverament may from tine to time advance loans to the Authority on auch terms and conditions not inconsistent with the provisions of this ‘ot, as that Government may determine. Asounisand 39, (2) The Authority shall cause to be maintained proper books of ‘ie gerounts and sch other books as the roe may roti, and Shall prepare in accordance with the rules an annul statement of acounts (2) Tho Authority shall caus its accounts to be aulited annually by such person and by such date in the next succeeding year aathe State Government may direct. ‘The person so directed shall have the right to demand the Drodetion of book, accounis and connected vouchers, documents and papers, tnd to inspect any ofthe affces ofthe Authority including thoae of the Boards (@) As soon as the accounts of the Authority have been audited, the ‘Authority shal sond a copy thereof with «copy ofthe repart ofthe suite thereon to the State Government; and the Authority shall comply with such Alrectione ar the State Government may, nflar erua of the report of the ‘auditor, Chink ft to issue Seacction woe dete by lah. O4 ot 1877, a & + Thos war oma tha mor "Romy” by Mah 25 00, 2a eh, pr1077: Mab XVI Maharashtra Housing and Area ‘Development Act 1976 (4) The accounts together with the report of the audio: thereon shall be laid by the Stato Governmant beore each House ofthe Slate Legislature as far as possible bofare the expiry of tho your nest succeeding the year to which they relate. 40. (2) Notwithstanding anything contained in section 99, there shall be ‘concurrent audit of the assounts ofthe Authority by such personas it thinks Fit The State Government may also direct a special audit tbe made by such person ar it thinks fit of Uhe accounts of the Authority relating to any partionlar transaction or class or tries of transactions orto a paslcular P '@) Where an order is made under sub-section (1), the Authority shall present or eat to be presented for audit auch aceouats and shall farnish {othe person appointed under aub-setion (1) auch information as the suid person may require for the purpose of audit; and shall ramedy oF cause to be remedied the defects pointed out by such person, unless they are conduced by the State Government CHAPTER V. ‘Acaunaman Or Laxo Axo Disrosit Or Prorerry Or Tu: AUeHoRy. 41. (1) Where, on any reprorantation from the Authoriy or any Board it appears to tho State Government that, in order to enable the Authority to discharge any of its fintions or to exersiso any of ts powers orto carry out fny of ite propels, plans, or procs, it is nowessary thet any land should be nequired, the Staie Government may acquire the land by publishing in the Official Gazette « noifention to the effec that. the State Government has ecidod to aoquire tho land in purcuance of this section ‘Provided that, before publishing such notation, the State Government shall by notic published in the Oficial Gazette, and servec in the prescribed ‘manner, call upon the ownor of, r any other person who, in the opinion of ‘that Government, may be intrested in, such land to show enuse, why it should ‘ot be acquired and after considering the cause, if any, shown by the owner oF any other person interested in the land, the Stale Government may pass Such erder 92 thinks Re “Provided further thet, ifthe land proposed to be aquired falls within the Scheduled Areas then the Stato Government shall befoe such acquisition and before ze-stting or rehabilitating of persons affected consult,— the Gram Sabka end the Panchayat concerned, ith land falls within ‘the area of ne Panchayats (Gi) eoncorned Gram Sabhas and the Panchayat Som if the land falls ‘within the ates of mete than ane village in the Block sonoemed (Gi the eoncerned Gram Sabhae and the Zilla Parisiad concerned, if the land falls within the juridiction of more than one Blacks inthe distict ‘eonoerneds such consultation shall be done in the manner es may be lid down by the State Government by ising general or special order layed ln this behalt Provided thet, the decision taken by the majority of the Gram Sabhas concemed by passing & msoition in the above matter thal be binding sn the toneemed Panchayat Sanit or the Zilla Parishad, ws the cae may be. Explanation.—for the purpose of these provisos,— the expressions * Gram Sabha *, “Panchayat” and Scheduled Are 1 thall have the meaning respectively asigned to them in the Bombay Vilage SFiS! Panchayats Act, 1958, “Th ttl he et eh nda ie Mahara Vllags Pana et” ede at SS F30, Sassy Hee Ee oat na wo0 Meharashire Housing and Arce (ao77: Mah 200vmE ‘Development Act, 1976, Gf) the expressions * Panchayat Samiti" and * Zilla Parishad * x have the moanings respectively assigned to thom in the Maharashtra Parishad and Panchayat Samiis Act, 1961] (©) ‘the acquisition of land for any purpose mentioned in sub-section (1) shall be deemed to be a public purpose, () Whore notification afrcsaid is publishel in the Official Gazets, the lnnd shall, on and from the date on which the notieation is so published, vost abeolutaly in the State Government free from sll encumbrances 42, (2) Subject to the provisions of section 51, were any land is vested in the Stato Government. under sub-section (3) of soetion 41, the State “Daegu Government may, by notice in writing, order any person who may be in Bram. possession ofthe land ta surrender or deliver possession thereaf tothe State ener & Government or any person duly authorised by it inthis behalf within Ehirty deror days of tho date of servo of the notice. (2) Iany person fila or refuses to comply with an order under eub-eection tiers (2) tho Stato Government may take posotesion of th and, and may, for that covets urpose use of enue to be used such free ag may be reasonably neoeessry. (8) Where any land is taken possession of as aforesaid, the State Government shall make that land available te the Authority forthe purpose for which the land has been acquired and for diacharging ita functions, performing its duties and exercising its powers. 48. Every person having any interest in any land acquired under this Chapter shall be entitled to recsive from the State Government an amount 4s provided hereafter in this Chapter. Lands in Municipal Areas. usr 44. (1) Where any land including any building thereon is acquired and ‘crerminoe vaste inthe State Government under this Chapter acd such land is situated si) jn any area within the jurisdiction of any Munigpal Corporation or Munisipal “ands Council, the State Government shal py fr such acquisition an amount which ‘unetae_shall be determined in accordance with the provisios of this section. (2) Where the amount has been determined withthe eancurrence of the ‘Authority, by agreement between the State Governient and the person to ‘whom i e payable, tsball be determined and paid im aecordance with such fagrooment, (3) Where no such agreement can be reached, the amount payable in respect of any land soquired aball be an amount equal to one hundred times the net average moathly income actually derived fr: such land, during the period of five sonreeative years immediatly presoding the date of publication Gf the notation referred to im eecion 41 au may be dateraained by the Land Acquisition Office (4) The not average monthly income referred to in sub-section () hall be calewated in the manner and in accordance with the principles set out in the First Schedule. (5) The Land Acquisition Officer shall, ater holding an inquiry in the prescribed manner, determine in accordance with the provisions of tub- ‘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 aerve it in the proscribed mannor ealing upon the fowner of the land and every person interested therdin to intimate to him,1977-Mab. xxv Maharashtra Housing and Area a ‘Development Act, 1978 ‘ofore a date specified in the notice, whether such owner or person agrees to the net average monthly Income actualy derived fom the land as determined by the Land Acquisition Offer. If such owanr or person docs ‘ot agre, he may intimate to the Land Acquisition Ofer tere the specied Gate what amount he aims to be sch net average monly income. (6) Any parson, who doce not gree ta the net average monthly income a8 determined by the Land Acqusiton Ofesr under sub-xctin (5) and ie fount for sequston to be pid on that bass sind elainn a um in enon of that emount may prefer an appeal tothe Tribunal, within thy aye om {he date spaified in the note refered to in subsection (3). ‘@) On appeal, the Tsibunal shall, ater hoasing the appellant, determine the net average monthly nema and te amon tbe pido thnt bass ned ite determination shall be nal aed shall not be questioned in any out. 45._(1) Where the owner ofthe land nnd the owner ofthe building thereon Anpeon sce different persons or several persons clam tobe intrested inthe amount easel for acquiaiton determined under the last precoding sption, tho Land Satie, ‘Acquistion Oficer shal determine the persons who in i inion are ented to resive the same and the sum payable to each of them (2) any dispute rises ato the epportionnent ofthe amount or any part thereat ora othe persons to whom the same or any part theres payable, the Tand Acquistion Offar may raf the dispute othe daision ofthe ‘Tribunal; and the Tebunel im deciding any such dispate ell fllow the yf rooons of Part of tho" Land Acquisition Act, 1804 48. (1) After the amount for scquisition has bean determined, the Land Payment ot ‘Acquistion Ofier shall, on behalf ofthe State Government, tender payment SA¥SL fof and pay the amount to the persons entitled thereta, ane (2) Ifthe persons entitled to the amount do not consest to reesve it, a if there be any dispute as to the title to receive the same or as to the apportionment of i, tho Land Acquisition Officer shall deposit the amount in “Greater Bombay, in the Bombay City Civil Court, and in any other ‘municipal ares in the Court of the District Judge, and that Court sball deal ‘withthe amount so deported in the manner laid down in oatons 32 and 33 af oF thet™ Land Acquistion Act, 1894, 41, (D) The Land Acquistion Officer may, forthe purpese of determining the mount for acquisition or apportionment thereof, by order require any person to furnish such relevant information in his possession as may be 6% Specified in the order. (2) The Land Acquisition Officer shall, while holding an inqulry under sub- section () of eecton 44 ofthis Act have all the powers of a civil court while ‘gt trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely — (@) summoning and enforcing the attendance of any person and examining him on oath; (W) requiring the discovery and production of any document; (c) receiving evidence on affidavit; (@) requisitioning any public record from any court or office; (6) issuing commissions for examination of witnesses. Now ar gh wo Pair Casting ad rapa Lad Au od Aft Ae 3008 8) of 20702 Maharashtra Housing and Area (vs77:Mah xxv ‘enelopment Ac 1976 amamtef 48, When the amount for acqition is at paid or deposited ono before "Rete taking posession ef the land, the Land Acquston Ofhoron bel of the State Government stall pay the amount deterined wih interest thereon, fom the date of taking stein until te amounts paid or deposed, at the rie of por ean. per ennui for ihe fiat ax month, and therefler at the rate of @ per eon pr enn, seroamment 49, ‘The Sale Government may, by noieaton a the Offa Gazette, veaehlaed appoint an offer who is holling or as eld an of, whe in ite opinion “Omer is not lower in rank than that of Deputy Collector or Assistant Director of ‘Town Planning tate Land hequsiton Oftcr for the papers of tis Ay and one or more auch ofcers may be appointed as may be neceashy ‘Lande in Burl Arcos 50, (1) Where any land Gncding any uilding Coren) is sequied and vested inthe State Government under this Chapte ad such andi stated in any aren out the juradetion of any Municipal Corporation or Municipal (Coun in this Chaple ered fo at" rural ate the Sate Government ‘setGjr shall pay for such acquisition an amount, which shall be determined in Dowlut: accordance with the provisions of this soction (@) Where the amount has been detarmined, with tho concurrence of the Authority, by agreement between the State Government and the person to ‘hom i i payable t shall be determined and paid in cordance with uch agreement, (@) Wheco no such agreoment ean bo reachod, tho Seato Government shall refer the case to the Collecor, who shall datermine theamount for acquisition ‘accordance with the principles for determining compensation laid down n the" Land Acquistion Ac, 189, and the provisions ofthat Act Gncluding of provisions for reference to Court and appeal shall apply thereto mulatis 184 ‘mutandis as ifthe land has been acquired end componsation had to be ‘termined, apportioned and paid under the provisions af that Act, shject ‘ta the modiications that reference in sections 23 and 24 of that Act, to the dato of publication of tho notification under eostion 4, sub-section (, wore referencea to the date on which the note under the proviso to sub-section (2) of soetion 41 of this Act is published, and the retsrences to the timo oF date of the publication ofthe declaration under eeetion 6 of that Act were references to the date of publication of the notification referred to In aub> ‘section () of eoction 41 of this Act in the Official Gate, Explanation —In this section Collector ” means the Collctor of @ District and includes any officer specially appointed by the Stato Government or by taf ‘he Commissioner to perform the functions of Calletor under the" Land 1884 Acquisition Aet, 1894 Alternative Accommodation Amc Gi, Where any building acquised under this Chapter which is vested ia serge che Authority ie proposed ta be demolished, it shall be the duty ofthe cwugtnet Authority, balore evicting the ouruplars, to allt sucht alternative ‘SEIRELA fecommodation, at euch place and of euch nate and sig a he Authority EER may determine, only to those persons who are ocupicr of residential suited premises in the budig, either s owner of tenant and who are actually na 1° Tesiding in the building at the time of their eviction. f any occupier fila to nota’ geeept and oomupy the alternative accommodation alleted to him within 45 "Now a ight Fur Conpenatinn and Transpuenc in Lad Acqua, Rebate ‘Rotman A 2018 (80a 2019),1977: Ma XXVIII Maharashtra Housing and Arca 2 ‘Development Ace 1976 days from the date of allotment, the responsibility ofthe Aathority to provide hhim with such nodommodation shall ease. The decision a” the Autharty as regards any matter contained in this section shall be final and shall not be ‘questioned in any our. planation —In this section“ building ” means a house or a tenement or ‘tanamente lel or intended tobe lt or occupied soparately, but docs not include any building whichis enauthovied or which ia temporszy balding as defined In elause (ab) of section 3 of “the Mumbai Munisipal Corporation Act), with this modifeation that the expression " Commissioner” in that clause shall include an officor or authority which is competent to allow a temporary building to be buile within his or ita juriediction, 52, ‘The Authority may also enter into an agreement with any person for Poverte ‘he acnssition from his by purchace, lease or exchange, of any land which percm oe needed forthe purpose of any proposal, plan or projet of the Authority sgeoneat dor any interest in such land or for compensating the owners of any such right in property in respect of ay deprivation thereof or intererenee therewith Betterment Charges. ‘52, (1) Where for the purpose of any proposal, plan or project any land Bettermant in tho area comprised therein which isnot roquired for tho execution thereof "=" will n the opinion ofthe Authority, be increased in value, the Authority may for tho purposes of any such proposal, plan or project in lieu of providing for soquistion of euch Inn, declare that the betterment charges shall be payeble by the owner of the land or any person having an interest therein in respect of the increase in value of tho land resulting from tho execution of such ‘proposal, plan or project. (2) Such inereate in value shall be the amount by which the value ofthe land on the completion of the execution of the propoas., plan or praject cstimated ab ifthe land were clear ofthe buildings exceeds the value ofthe land prior ta the execution ofthe propose, plan or project estimated in like ‘manner and the betterment charges salle one-half of such increase in value. (@) No betterment changes shall be payable by the Government in respect of any land which i the property of the Government or is managed by any Government or by any Corporation (including @ company or subsidiary company thereef) owned or controlled by the State or by any local authority br any publi inseitution in respect of any land belonging to sorh suthorty or inatfution if and 60 as long as, auch land is used for publi, charitable oF religious purpose ‘54. (1) The Authority hall give notice ta any person who ia the owner af, Notice or has interest in the land in reapect of which the beterment charyes are to be Tovied, and shall give euch persons an opportunity to 2 hear (@) Afr hearing auch person, oF if euch person fala ta appear after the expiry ofthe period within which such person is required to appear before the Authority, the Authority shall procoed ta aasoas the amcunt of betterment charges (@) Whore the assossmont of bottermont charges proposed by the Authority is accepted by the person concerned within the perio: prescribed, the sssnesment shall be ins. RES Re ee Ray Nal Grin Ah4 Maharashtra Housing and Area (1977 Mab. xxv Deoslopment Aet, 1976 (4) IF the person concomed docs not accept the assessment proposed by the Authority, the matter shall be reerred to the Tribunal (5) The Tribunal shall, after holding an inquiry and efter hearing the person concerved, assoes the amount of the betterment. charges payable by the person. Amwemtat 65. (1) Any person lilo to pay bottormont charges in respect of any eta land may at is opin, inatad of paying the sae to the Authority, execute Shimane an egreement withthe Authority ta leave the payment outstanding a a Change om his interest the land, subject tothe parment ia perpeaity of interest at such rate as may be prescribe. (2) Bvery payment due from any person in respect of betterment charges tnd every argo referred to in sub-setion (1) shall, notwithstanding anything ‘contained in any other enactinent and notwithstanding the exeeion of any tmortgago or chargo,croatad either bofore or after tho eommencement ofthis ‘Ac, be the frst charge upon the interest of such person in such land Reswerrof 66, All sums payablo in rspeet of any land by ary parson in respect of SrUemmes! oterment charges under action 68 or by any peraoa under an agreement "under soetion 86 shall be rocoverable on behalf of the Acthority a an arrear ofland revenue on a certiiste of an officer appointed by the State Govern- ‘ment in this bobalf. CCortain Provisions for Purposes of this Act Taner _ 6% (2) Whanover any street, square or athe land or any par thar art cinta in any ten within tents of Mantzpal Cororaon, Maney GET Gnuncl or Zils Parishad and voted in vic Corporati, Counel or Pasha cela reuved far ny ofthe purpona alas Ad the Autry shall give notin ae accordingly to the Corporation, Couneil or Zilla Parishad, as the case may Cogliy (2) Where the Municipal Corporation, Municipal Coanell or Zilla Parishad ‘orc eoneurs, such steest, square or other land, of part theteof shall vest in the ‘Authority, (3) Where there is any dispute, the matter shall be referred to the State Government. The Siate Government, shall aftr eonslering any ropresanta: tion, or after hearing any officer of the Municipal Corporation, Municip Council or Zila Parishad concerned, decide the matter. The decision of the State Government shall be final I the State Government decides that such street, square or land or part thereof, shall vet in she Authority, it shall vest scoordingly (# Nothing inthis setion shal aff the rights or powers of the Miunsipal Corporation, Municipal Counel or Zilla Parishad in or over any drain oF water work in such siroct, square of land or tho rights or powors of any Authority in respeet of any of ita works or installations duly lad in auch street, square or land under any law forthe time being in force in the State ermet ip 58. (1) Where any land vests in the Aubtorty under section 57 and the soul Acthovity makes a dsciaraton that sich land thal be retained by the ‘Suing! Authority only unl i revesta inthe Municipal Corpation, the Munspal Councilor tho Zilla Parihod part of srt o an open spce under Section 61, no amount shall be payable by the Authority tothe Municipal Corportisn, the Municipal Counal orth Zille Parihed, as the case may be, in veapect ofthat land1077 -Mab. xxv) Maharashtra Housing and Area ‘Development Act, 1976 @) Where any land vests in the Authority under section 67 and no eclaration is made under subection (I) in reapet ofthe land, the Authority shall pay to the Municipal Corporation, the Munieipal Councilor the Zilla Parishad, as the eave may be, an amount equal to tho value of such land, (9) If, in any ones where the Authority haz made a declaration in rospost of any land under subsection (1), the Authority retains ar disposes of the land eontrary to the terms of the deciaration so thatthe land does not revest in the Municipal Corporation, the Municipal Counsl or Zila Parishad, as the ease may be, the Authority shall pay to the Municipal Corporation, the Municipal Councilor the Zilla Pariskod an amount in respect of such land fn aceordance with the provisions of sub-scetion (2) 150, (1) "Tho Authority may tum, divert, discontinue ths public use of, oF Pomerat permanently close, any public stroot verted in itor any part thereof Any to (@) Whenever the Authority discontinue the public use f or permanently Bulle set closes any public street vestad init or any part thoref, it all, aa far as “™# practicable, provide some other reasonable means of aces: tobe substituted in leu ofthe use, by those entitled, of the street or part theret, and pay a reagonable amount to every person who is entitied, etherwike than a8 a mere member af the public to use such street or part as a means of acess and as suffored damage from suck discontinuaneo or cling. (@) In determining the amount payable to any person under sub-section (2), the Authority shall make allowance for any benefit scxring to him from the construction, provision or improvement of any other public street at or about the same time that the public stot or part thervof, on account of ‘which the amount is paid, is discontinued or closed, (@) When any public etret vested in the Authority is permanently closed under sub-section (J), the Authority may soll or lease so much ofthe same as is no longer required, 60. If there is any dispute as to whether any amount is payable wnler Retest» section 58 or as tothe quantum ofameunt payable under ection 58 o scion Fes 59, asthe cae say be, the ater sal beefed tothe bul. Syd 1. (P Whenever the State Government is stiiod— Yon (et eny strat nid ot ere bythe Athos bon ly leveled paves sealed, Bngee, anne, sewer, and drinad an Sap ‘ivr fr any open paseo pete nda the badge tnd Sng (@) that such Inmps, lamp-posts and other apparntus as the Municipal % zat nd Corporation, the Municipal Council or Zilla Parishad, asthe ease may be, considers necossary for the lighting of euch street and az ought to be provided by the Authority have been so provided, and (© that wator and other sanitary convenionees have bsen duly provided in euch street, the State Government may declare the street to be a public street, and the streot shall thereupon vest in the Munisipal Corporation, Municipal Council or Zilla Parishad, ag the ease may be, and shall heneo-fork be maintained, Keep in repair, lighted and cleaned by the Municipal Corpcrtion, Municipal Council ot Zila Parishad.26 Maharashtra Housing and Area (0977. XXVINE Development Act, 1976 @) Where any open space for purposes of ventilation or recreation has ben provided by the Authority in executing any proposal, plan or project lunder this Ac, the Authority may at its option by resclution transfer such ‘open space to the local suthority cncarned oa completion of the propos plan oF project, and therespon, exch open epee shall vest in, and bo ‘maintained at the expense of the local authority = Provided that, the local authority may require the Authority before any bueh open apace is bo transferred to enclose, love, curt, drain and layout such space and provide footpaths therein, and if necessary, to provide lamps tnd other apparatus for lighting (G) If any difference of opinion arises between the Authority and the Manicipal Corporation, Municipal Council or Zilla Parthad in respect of ‘ny matters referred to in th fregoing provisions ofthis section, the matter hall be referred to the State Government, whose decision shal be final, 62, (2) Whore undor any proposal, plan or projeet under this Act, any plots comprised in the area included therein are recertituted or any person fs diapostessed, any person affected by auch reconstixtion or diapoasession ‘may apply to the Authority for damages. ‘The Authority may, ater making ‘such inguity as it thinks fit, decide whether the applcant is entitled to any damages, ad ifso to what extent. Ithe person i diatafied with the decision of the Authority in the matter, he may refor the matter to tho Tribunal (2) The Tribunal shell, after making an inquiry, determine the amount af damages and direct the Authority to pay the same to the person entitled thereto Author 68. ‘The Authority shal, eubject to the general control of the State mans Government, assume management of all such lands, requisitioned ar deemed fo be requistioned or eantinued tobe subject to requisition, by or undor the ‘rowisitont? Authority of the Stale Government under the *Bombey Land Requisition ‘Act, 1948 or by or under any corresponding law for tx time being in force, om fs the State Government may direct Sain Powera G4. Subject to any rules made by the State Government under this Ae, 5e28.°f the Authority may retain, laso, sll, exchange or otterwiso dispose of, any land, any building or other property vesting in it aad situate in the area, ‘comprised in any propostl, plan or projet permitted ender this Act, in auch ‘manner as it thinks ft. CHAPTER VI Powes-10 Bvtor Pens most Aron Pans 010 Revove Dims, ‘Appeintnent 68, ‘The Stato Government may, by notification in the Official Gazette, ‘Cempsicst appoint an ofcer, who ia holding or hes held an offio 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 guch premises or lass af premises in any area as may be specified in tho notifieation; and more than one offer tay be appointed as Competent Authosity inthe same area in respect of diferent premises or different classes of premises SERA Sen Sah sy Sweat ens band esiton Ay waes97temah.20evIm) Maharoshire Howsing and Area a ‘Devtpment hk 1978 66. (1) I the Competent Authority is sated — Borger (thatthe person authorised to oceupy any Authorty premises has— ‘ts om (0 not pad ent or compenetion or amount Iwull due from him in. Noy ‘respect of such premises for a period of more than two months, or = P™™** (Gs, withut the previous permlaion ofthe Authority, the whole av ang par of sch promize, or (Gi) committed, or is committing any act which ie destructive or permanently injuious to auch premiae, or ti) made, or is making, material addition to or slertion in, sich premises without the previous permission of the Authority, (e)etherwite ated in contravention of any of the terms, express or implied, under which he ix nulborieel to oocupy such premises, of (ei) filed to vacate the premises required by the Authority fr the port tapi eaee dag Lay tine is ides Re ett ons End to ncepe the altertive accomadation offered ty the Authority. (2) that any person le in unauthorised oecupation of any Authoriy premises, the Competent Authority may, for reason to be recorded In testing by notin served (by pot, or (i) by axing « apy of ton the {ter dor or ame other conspicuous part af uch premise, or i) in auch ther manner es maybe presrie, order that person, ac wel as any other feton, who maybe fn eospaton ofthe whole or any prt ofthe premises, UG'acate the premise in unauthorised ocrupation, within 24 hours of he tate of service of notice, and in ny other cage within a period of ecven days ofthe date of euch servic. (2) Before an order under sub-section (1) e made against any perso, the Competent huthorty shale, nthe manner bereinnter provide, a notice {nvwrlng cling upon all persone concerned to ehow enue within fen days srhy an onder of eviction should ot be made ‘The ntie shall— (a) specify the grounds on which the order ofeletion is propesed tobe rade; tnd (@) require al persons concern, tha isto ey, all prsons who are or nay be n occupation af or elim interest in, the Authority premien ‘how enna agats the proposed order on or before auch dea apeiied in the note such person makes an apliaton tothe Competent Anthority for the extension ofthe period spected In the notin, eh Ault may era thesbme on deposit ane hundred rupee and an such mea o payment dreary fhe amount cine i tert, ck Ardy ke ‘Any waitenstatement pot in by any person and dosuments produced in puteuance of the note shall be Hd with the sear of the ase and ‘ich person shall be entited to appear before the Coupetant Authority ty advocnte, atlomey oF other logal practioner. “The notice to be served under thir subsection shall be served in the sanmer provided for the service of a notes under sub-section (and thereupon the atin shall be ered fo have been duly given tal persons concerned. (3) any yreon refuses o fails to comply with an order made under sub- section (1), the Competent Authority may evict that poron and any other teroon who obstructs in and take possesion ofthe premises, and may for that porpose ute such foros as may be necesrary.