Maharashtra Housing and Area Development Act, 1976

Maharashtra Act No. 28 of 1977

MH105

For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976,
Part V, Extraordinary, dated 26th July 1976, at pages 581-587; for Joint Committee
Report, see Maharashtra Government Gazette, Part V, Extraordinary, dated 6th
December 1976, at pages 683-764.
(This Act received the assent of the President on the 25th day of April 1977; assent first
published in the Maharashtra Government Gazette, Part IV on the 9th day of May,
1977.)
LEGISLATIVE HISTORY 
An Act to unify, consolidate and amend the laws relating to housing, repairing
and reconstructing dangerous buildings and carrying out improvement works in
slum areas.
[Whereas, on account of the rapid growth of industries in the urban areas and the fast
growth of population and commercial activities in such areas, the need of housing
accommodation could not be met by the limited house construction activities in the
private sector;
And Whereas, in the urban areas and particularly in the [Brihan Mumbai] area the old
buildings which have outlived their lives and rendered themselves in a bad state of
repairs and presented a dangerous possibility of collapse, necessity was increasingly
felt to take up the programme of repairs and reconstructions of such buildings;
And Whereas, due to acute shortage of accommodation in the urban areas slums have
come up which necessitated taking up improvement works in slum areas;
And Whereas, the magnitude of the housing programme for constructions of new
houses throughout the State and the task of repairs and reconstruction of old and
dilapidated buildings and improvement of slums in the urban areas is so, great that it is
necessary for the State Government to intervene and take effective step including
acquisition of lands and buildings for carrying out housing, repairs, construction and
reconstruction programmes over or in such lands and buildings and transferring
ownership and control thereof to needy persons so as to bring about an equitable
distribution of ownership and control in houses in such lands and buildings to subserve
the common good;]
[And Whereas] there are at present various corporate and statutory bodies in the State
which have been established, for dealing with the problem of housing accommodation,
for repairing and reconstructing building in a bad state of disrepair and presenting a
dangerous possibility of collapse, for carrying out improvemental works in slum areas,
and for advancing loans for construction of houses;
And Whereas the programmes undertaken by these bodies are more or less
complementary and there is considerable overlapping in their working or functioning;
And Whereas it is considered necessary and expedient to co-ordinate the housing
programmes with an orderly development of urban areas in the State;
And Whereas with a view to integrating the activities of these bodies so as to provide for
a more comprehensive and co-ordinated approach to the entire problem of housing
development, and planning and development of certain areas in a balanced manner,
with sufficient attention to ecology, pollution, over-crowding and amenities required for
leading a wholesome civic life, it is expedient to established a single Corporate Authority
for the whole State and establish new Boards for certain areas of the State to carry out
the plans and programmes of such Authority for the purposes aforesaid, to replace the
existing Boards by the new Boards aforesaid and to provide for matters connected with
the purposes aforesaid; It is hereby enacted in the Twenty-seventh Year of the Republic
of India as follows:-

Chapter I

Preliminary

1. Short title, extent and commencement of Act. - (1) This Act may be called the
Maharashtra Housing and Area Development Act, 1976.
(2) [Chapter VII and Chapter VIII-A extend] only to Greater Bombay, and the rest of the
Act extends to the whole State of Maharashtra including Greater Bombay.
(3) This Act shall come into force in such area, from such date, as the State
Government may, by notification in the Official Gazette, appoint; and different dates
may be appointed for different provisions of this Act for different areas.
(4) [* * * * *]
[1A. Declaration. - It is hereby declared that this Act is for giving effect to the policy of
the State towards securing the principle specified in clause (b) of article 39 of the
Constitution of India and the execution of the proposals, plans or projects therefor and
the acquisition therefor of the lands and buildings and transferring the lands, buildings
or tenements therein to the needy persons and the co-operative societies of occupiers
of such lands or buildings.]
2. Definitions - In this Act, unless the context requires otherwise,-
(1) "amenity" includes road, bridge, any other means of communication, transport,
supply of water and electricity, any other source of energy, street lighting, drainage,
sewerage, educational and welfare projects, markets and conservancy, and any
convenience which the State Government may, in consultation with the Authority, from
time to time by notification in the Official Gazette, specify to be an amenity required for
leading a wholesome civic life for the purposes of this Act;
(2) "appointed day" means the day on which the Authority is duly constituted under
section 6;
(3) "Authority" means the Maharashtra Housing and Area Development Authority
established under section 3;
(4) "Authority premises" means any premises belonging to, or vesting in the Authority,
or taken on lease by the Authority, or entrusted to, or placed at the disposal of, the
Authority for management and use for the purposes of this Act;
Explanation. - In this clause "Authority premises" includes any premises taken by
persons from the Authority under hire-purchase agreement, during the period any
payments are to be made by such person to the Authority under such agreement or until
such agreement is duly terminated;
(5) "betterment charges" means charges payable under section 53;
(6) "Board" means a Board established under section 18;
(7) "Building" for the purposes of Chapter VIII, means building in respect of which the
cess is levied under that Chapter and includes a tenement let or intended to be let or
occupied separately and a house, out-house, stable, shed, but and every other such
structure but does not include any such building or structure which as a whole is
unauthorised or any building which is a temporary building as defined in clause (sb) of
section 3 of [the Mumbai Municipal Corporation Act];
(8) "bye-laws" means bye-laws made under section 186;
(9) "cess" means a tax on lands and buildings levied or leviable under Chapter VIII of
this Act;
(10) "Chairman" and "Vice-Chairman" means the Chairman and the Vice-Chairman,
respectively of a Board;
(11) "Competent Authority" means an officer appointed to be the Competent Authority
under section 65;
(12) "co-operative society" means a co-operative housing society registered or deemed
to be registered under the Maharashtra Co-operative Societies Act, 1960;
(13) "development", with its grammatical variations, means the carrying out of building,
engineering, mining or other operations in, or over, or under, any land (including land
under sea, creek, river, lake or any other water) or the making of any material change in
any building or land, and includes re-development and lay-out and sub-division of any
land, and also the provision of amenities and "to develop" shall be construed
accordingly;
(14) "existing Board " means,

(i) the Maharashtra Housing Board constituted under the Bombay Housing Board Act,
1948,

(ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board
Act, 1950,

(iii) the Bombay Building Repairs and Reconstruction Board constituted under the
Bombay Building Repairs and Reconstruction Board Act, 1969;

(iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum
Improvement Board Act, 1973;

(v) [* ** * *]

functioning in the State or any part thereof immediately before the appointed day;

(15) "fund of the Authority" means the fund of the Authority referred to in section 34;
(16) "land" includes open sites and land which is being built upon or is already built
upon, benefits to arise out of land and things attached to the earth or permanently
fastened to anything attached to the earth; and also include land under sea, creek, river,
lake or any other water;
(17) "Land Acquisition Officer" means an officer appointed as such under section 49 of
this Act;
(18) "member"-

(i) in relation to the Authority, means a member of the Authority including the President
and the Vice-President thereof,

(ii) in relation to a Board, means a member of the Board including the Chairman and the
Vice-Chairman thereof,

(iii) in relation to a Panchayat, means a member of a Panchayat including the Sarpanch

and Upa-Sarpanch thereof;

(19) "Metropolitan Act" means the [Mumbai Metropolitan Region Development Authority
Act, 1974];
(20) "Metropolitan Authority" means the [Mumbai Metropolitan Region Development
Authority] established under the Metropolitan Act;
(21) "Metropolitan Region" has the meaning assigned to it in the Metropolitan Act;
(22) "Municipal Commissioner" means the Municipal Commissioner of a Municipal
Corporation;
(23) "Municipal Corporation" means a Municipal Corporation established or constituted
under any law for the time being in force in the State;
(24) "Municipal Council" means a Municipal Council established under the Maharashtra
Municipal Councils Act, 1965;
(25) "occupier" includes :-

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

(b) an owner in occupation of, or otherwise using, his land or building;

(c) a rent-free tenant of any land or building;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for the use and occupation of
any land or building;

(26) "owner", when used with reference to any building or land or a part thereof, let or
intended to be let or occupied separately, means the persons who receives the rent of
such building or land or a part thereof, or who will be entitled to receive the rent thereof
if the building or land or a part thereof were let and includes-
(a) an agent or trustee who receives such rent on account of the owner,

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

(c) a receiver, sequestrator, or manager appointed by any court of competent

jurisdiction to have the charge of or to exercise the rights of an owner of the said
building, land or part thereof,

(d) a mortgagee in possession;

(27) "premises" means any land or building, or part of a building, whether authorised or
otherwise, and includes-

(a) gardens, grounds and out-houses, if any, appertaining to such building or part of a
building;

(b) any fitting affixed to such building or part of a building for the more beneficial
enjoyment thereof; and

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

(28) "prescribed" means prescribed by rules;

(29) "President" and "Vice-President" means the President and Vice-President,
respectively, of the Authority;
(30) "retable value", in relation to a building in any area, has the meaning assigned to it
in the relevant municipal law in force in such area;
(31) "regulations" means regulations made under section 185;
(32) "relevant municipal law" means -

(a) [the Mumbai Municipal Corporation Act,]

(b) the Bombay Provincial Municipal Corporation Act, 1949.

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

(d) the Maharashtra Municipal Councils Act, 1965;

(33) "Rent Act" means the Bombay Rents, Hotel and Lodging House Rates Control Act,
1947;
(34) "rules" means rules made by the State Government under section 184;
(35) "Slum improvement area" means any area declared as such by a Board under sub-
section (1) of section 108;
(36) "structural repairs" for the purposes of Chapter VIII means repairs or replacement
of decayed, cracked, or out of plumb structural components of a building or any
substantial part thereof or any part to which the occupiers have common access, such
as, staircases, passages, water closets or privies by new one of the like material or
materials, or of different material or materials including change in the mode of
construction like converting load bearing wall type or timber framed structure to an R. C.
C. one, or a combination of both, which repairs or replacement in the opinion of the
Board, if not carried out expeditiously, may result in the collapse of the building or any
such part thereof; and "structural repairs" includes repairs and replacement of all items
which are required to be repaired or replaced as a consequence of the repairs or
replacement aforesaid which are carried out or to be carried out, and also repairs and
replacement of the roof (both not replacement of the tiles only) and of the drain pipes
(including house gullies) fixed to the building, which, if not repaired or replaced
simultaneously with structural repairs would cause further damage to the building. When
such repairs to any building or any part thereof are carried out by the Board the building
shall be deemed to be structurally repaired under this Act;
(37) "Town Planning Act" means the Maharashtra Regional and Town Planning Act,
1966;
(38) "Tribunal" means the Tribunal constituted under section 73;
(39) "year" means a year commencing on the first day of April;
(40) "Zilla Parishad" means a Zilla Parishad established under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961.

Chapter II

Establishment of the Authority and Boards

3. Establishment of Authority. - The State Government shall, by notification in the

Official Gazette, establish for securing the objectives and purposes of this Act, an
Authority to be called the Maharashtra Housing and Area Development Authority for the
areas in which this Act may be brought into force, from time to time.
4. Authority to be corporate body and local authority. - (1) The Authority shall be a
body corporate having perpetual succession and a common seal and may sue or be
sued in its corporate name and shall be competent to acquire and hold property, both
moveable and immovable, and to contract and do all things necessary for the purposes
of this Act.
(2) The Authority shall be deemed to be a local authority for the purposes of this Act.
5. Non-applicability of Rent Act or any corresponding law. - The Rent Act or any
law corresponding thereto for the time being in force in any area to which this Act
extends,-

(a) shall not apply to any land or building belonging to us or vesting in, the Authority
under or for the purpose of this Act;

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

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

President and seven other members all appointed by the State Government.
(2) The President may be either a full-time President or a part-time President. If the
President is a part-time President then the State Government shall appoint a full-time
Vice-President. The President and Vice-President shall be persons who, in the opinion
of the State Government, have administrative and management experience necessary
for conducting and managing the affairs of the Authority under this Act. The Authority
shall consist of the following other members, namely:-

(a) two official members who, in the opinion of the State Government, have special
knowledge of, or practical experience in, public administration, finance structure
engineering, architecture, town and company planning or public housing;

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

(3) The names of the President, Vice-President and other members appointed under
this section shall be published in the Official Gazette, and upon such publication, the
Authority shall be deemed to be duly constituted.
7. Term of office. - The President, Vice-President and every non-Official member shall,
subject to the provisions of this Act, hold office for a period of three years from the date
of publication of his appointment in the Official Gazette:
Provided that, the State Government may, by a notification in the Official Gazette,
extend the said period by a further period not exceeding one year as may be specified
in the notification:
Provided further that, after the expiry of the period or extended period of his
appointment, a person shall, unless disqualified, be eligible for re-appointment as the
President, the Vice-President or such members, so however, that he does not hold
office for a period of more than seven years in the aggregate.
8. Conditions of service of President, Vice-President and non-official members. -
(1) Remuneration and other conditions of service of the President and Vice-President
who is a non-official shall be such as the State Government may by order determine.
(2) Every non-official member shall receive such allowances for the purpose of meeting
personal expenditure incurred in attending the meetings of the Authority or for attending
to any other business of the Authority as such member, as the State Government may
by order determine.
(3) The remuneration of the President, Vice-President and the allowances to the non-
official members shall be paid from the fund of the Authority.
(4) Notwithstanding anything contained in this Act, if a member of the State Legislature
is appointed as a member of the Authority (including the President or the Vice-President
thereof), he shall not be entitled to receive any remuneration other than travelling
allowance, daily allowance or such other allowance which is paid to a member of the
Authority for the purpose of meeting the personal expenditure incurred in attending the
meeting of the Authority or in performing any other functions as such member.
9. Resignation of non-official members. - The President, Vice-President or any non-
official member may at any time resign his office by writing under his hand addressed to
the State Government and upon the acceptance thereof, the office of the member shall
become vacant.
10. Temporary absence of members. - If any member is by infirmity or otherwise
rendered temporarily incapable of carrying out his duties as a member or is absent on
leave or otherwise, not involving the vacation of his appointment, the State Government
may appoint another person to officiate for him and carry out his functions under this Act
or any rules or regulations made thereunder.
11. Disqualifications of members. - (1) Subject to the provisions of this section, a
person shall be disqualified for being appointed or continuing as the President, the Vice-
President or the non-official member of the Authority, if he-

(a) holds any office of profit under the Authority,

(b) is of unsound mind, and stands so declared by a competent court,

(c) is an uncertificated bankrupt or an undischarged insolvent,

(d) has directly or indirectly by himself or by any partner, any share or interest if any
contract or employment with, by or on behalf, of the Authority,

(e) is a Director or a Secretary, Manager or other salaried officer of any incorporated

company which has any share or interest in any contract or employment with, by or on
behalf of the Authority, or

(f) has been or is convicted of any offence involving moral turpitude.

(2) A person shall not be disqualified under clause (a) of sub-section (1), by reason only
of being a President or a Vice-President, and in the case of a representative of the
employees by reason only of being an employee of the Authority.
(3) A person shall not, however, be disqualified under clause (d) or (e) of subsection (1),
or be deemed to have any share or interest in any, contract or employment within the
meaning of these clauses, by reason only of his, or the incorporated company of which
he is a Director, Secretary, Manager or other salaried officer having a share or interest
in any newspaper in which any advertisement relating to the affairs of the Authority is
inserted.
(4) A person shall not also be disqualified under clause (d) or (e) of subsection (1) or be
deemed to have any share or interest in any incorporated company which has any
share or interest in any contract or employment with, by or on behalf of, the Authority,
by reason only of his being a shareholder of such company:
Provided that, such person discloses to the State Government the nature and extent of
the shares held by him.
12. Removal of member. - (1) The State Government may, by notification in the Official
Gazette remove from office the President, Vice-President or any non-official member
who-

(a) is, or has become, subject to any of the disqualifications mentioned in section 11; or

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

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

Provided that, no persons shall be so removed from office unless he has been given an
opportunity to show cause against his removal.
(2) Notwithstanding anything contained in section 7 or other provisions of this Act, the
President, the Vice-President and other members shall hold office during the pleasure
of the State Government; and the State Government, if it appears to it to be necessary
or expedient so to do in the public interest, may by order remove all or any of them from
office at any time.
13. Filling of vacancies. - (1) In the event of a vacancy in the office of any member, the
vacancy may be filled by the State Government, and the person so appointed shall hold
office so long only as the member in whose place he is appointed would have held
office.
(2) A vacancy of a member shall be filled as early as practicable:
Provided that, during any such vacancy, the continuing members may act as if no
vacancy had occurred.
14. Proceedings presumed to be good and valid. - No disqualification of, or defect in,
the appointment or continuation of any person acting as a member of the Authority shall
be deemed to vitiate any act or proceeding of the Authority if such act or proceeding is
otherwise in accordance with the provisions of this Act.
15. Existing Boards to continue until Authority constituted. - Until the Authority is
duly constituted under section 6, the existing Board shall continue to function in the area
of its jurisdiction and fields of activity; and on the constitution of the Authority, the
existing Board shall stand dissolved and the members including the office bearers
thereof shall vacate their office.

Organisation of the Authority

16. Authorities charged with execution of this Act. - (1) The authorities charged with
carrying out the provisions of this Act are -

(a) the Authority,

(b) the President and the Vice-President of the Authority,

(c) the Boards,

(d) the Chairman and the Vice-Chairman of the Boards,

(e) the Chief Officers of the Boards, having part-time Chairman and also part-time Vice-
Chairman.

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

Table

Name of the Board Area of jurisdiction district of

1 2
(1) [The Mumbai Housing and Area (a) [The City of Mumbai],
Development Board.]
(2) The Nagpur Housing and Area (b) [The Mumbai Suburban]
Development Board.
(3) The Aurangabad Housing and (a) Nagpur, (b) Chandrapur, (c)
Area Development Board. Gadchiroli, (d) Bhandara, (e)
Wardha.
(4) The Pune Housing and Area (a) Aurangabad, (b) Jalna, (c)
Development Board. Parbhani, (d) Beed, (e) Nanded, (f)
Osmanabad, (g) Latur.
(5) Konkan Housing and Area (a) Thane, (b) Raigad, (c)
Development Board. Sindhudurg, (d) Ratnagiri.
(b) The State Government shall, by notification in the Official Gazette,
establish the following two Boards having the area of jurisdiction in the
districts as shown against each of them, on and with effect from such date
as may be specified in that notification, namely:-
(1) The Amravati Housing and Area (a) Amravati, (b) Akola, (c)
Development Board. Yavatmal, (d) Buldhana.
 (2) The Nashik Housing and Area (a) Nashik, (b) Ahmednagar, (c)
Development Board. Dhule, (d) Jalgaon]
[(c) The State Government shall, by notification in the Official Gazette,
establish the following two Boards for carrying out the activities of repairs
and reconstruction, and slum improvement having the area of jurisdiction in
the districts as shown against each of them on and with effect from such
date as may be specified in that notification, namely :-]
(1) [The Mumbai Repairs and (a) [The City of Mumbai.]
Reconstruction Board.]
(2) [The Mumbai Slum Improvement (b) [The Mumbai Suburban].
Board.]
[(2) Every Board shall consist of a Chairman and not more than [17] other members
including a Vice-Chairman, if any, of whom not less than 3 shall be officials.
All the members including the Chairman and the Vice-Chairman, if any, shall be
appointed by the State Government.]
(3) Not less than two non-official members shall be persons who, in the opinion of the
State Government, have special knowledge or practical experience in finance, structural
engineering, architecture, town and country planning, and public housing.
(4) The names of the chairman, Vice-Chairman, if any, and other members of a Board
shall be published in the Official Gazette, and upon such publication, to Board shall be
deemed to be duly constituted.
(5) The appointment of the Chairman and Vice-Chairman of a Board may be either
whole-time or part-time as the State Government may think fit. When the Chairman is
appointed as a whole-time Chairman, he shall be the Chief Officer of the Board.
(6) Where the Chairman is appointed as a part-time Chairman, the Vice-Chairman, if
full-time, shall be the Chief Officer of the Board. If the Vice-Chairman is also part-time,
the State Government shall appoint a Chief Officer of the Board, and he shall be an
Officer of the Board.
(7) Every Board shall have a Chief Accounts Officer. He shall be appointed by the
Authority with the previous approval of the State Government.
(8) The provisions of sections 7, 8, 9, 10, 11, 12, 13 and 14 shall apply mutatis mutandis
to a Board or to the Co-opted members of the Technical Committee appointed under
sub-section (10). [* * * * * *] as they apply in relation to the Authority.
(9) Each Board shall be provided with such employees as the Authority may by order in
writing, determine. The Board shall within its jurisdiction be responsible for
administering and managing the affairs of the Authority for the purposes of this Act.
(10) [The Mumbai Repairs Reconstruction Board] shall appoint a Technical Committee,
consisting of not less than six of its members and may co-opt, not more than three other
persons on the Committee who are not members of the Board. Subject to the
superintendence and control of the Board, the Technical Committee shall sanction and
supervise the repairs and reconstruction works, including the construction of transit
camps, on behalf of the Board under Chapter VIII, The Board may delegate such of its
other functions under Chapter VIII to the Committee as it may decide.
(11) [* ***]
19. Appointment of employees and conditions of service. - (1) The Authority shall,
with the previous approval, of the State Government appoint a Financial Controller and
a Secretary.
(2) Subject to such directions regarding creation of any post and filling thereof as the
State Government may from time to time by an order in writing determine, the Authority
may appoint such other employees from time to time for the efficient performance of its
functions as it thinks fit.
(3) The employees appointed under this Act shall be the employees of the Authority
notwithstanding the fact that they are working under any Board.
(4) Subject to the provisions of this section, the remuneration and other conditions of
services of employees appointed by the Authority shall be such as may be determined
by regulations:
Provided that, subject to the provisions of sections 22, 23 and 189, the terms and
conditions of service applicable immediately before the appointed day to any employee
shall not be varied to his disadvantage except with the previous approval of the State
Government.
(5) The State Government may make rules [with effect from such date as it may
specify,] for regulating the mode of recruitment by holding examinations or otherwise,
including provision for the absorption or promotion of persons already working under
any existing Board or otherwise and providing for terminal benefits such as
compensation, pension or gratuity or the like to persons who elect to retire;
20. Provident Fund. - (1) The State Government shall establish a provident fund for
employees of the Authority, and such provident fund (hereinafter called as "the
provident fund") shall, notwithstanding anything contained in section 8 of the Provident
Funds Act, 1925, be deemed to be a Government Provident Fund for the purposes of
that Act; and such provident fund may be administered by such officers of the State
Government or of the Authority, as the State Government may specify in that behalf.
(2) The Authority shall, in respect of each of its employees who is a subscriber to the
Provident Fund, pay into that fund such portion of the contribution in such manner as
the State Government may, from time to time, determine.
21. Expenses of Authority on staff. - [(1) All expenses incurred by the Authority,
including expenses incurred on account of salaries, allowances, fees and other
remuneration payable to the employees serving under the Authority, shall be met from
the fund of the Authority.
(2) The Authority may, at its discretion, make from out of its fund, contribution of such
amount as it deems fit to the Employees' Welfare Fund, if any, constituted by the
employees of the Authority and managed by the society, formed by such employees
and registered under the Societies Registration Act, 1860 and the Bombay Public Trusts
Act, 1950.]
22. Authority to absorb staff of existing Boards. - (1) Subject to the provisions of
section 189 and other provisions of this Act every person, who was a whole-time
employee of any existing Board immediately before the appointed day shall, on and
from that day, become, and be absorbed as, an employee of the Authority. He shall
holds his office in the Authority by the same tenure, at the same remuneration and upon
the same terms and conditions and with the same rights and privileges as to pension,
gratuity and provident fund and other matters as he would have the same on the
appointed day of this Act had not been passed, and shall continue to do so, unless and
until his employment in the Authority is terminated or until his remuneration terms and
conditions are duly altered by the Authority:
Provided that, nothing contained in this section shall apply to any such employee who
has, by notice in writing given to the State Government prior to the appointed day,
intimated his intention of not becoming an employee of the Authority.
(2) If any question arises as to whether any person was a whole-time employee of an
existing Board immediately before the appointed day or not, the question shad be
referred to the State Government, whose decision shall be final.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other
law for the time being in force the absorption of any employee of an existing Board by
the Authority shall not entitle any such employee to any compensation under that Act or
other law, and no such claim shall be entertained by any Court, Tribunal or other
Authority.
23. Power of State Government of reduction of remuneration or revision of
conditions of service for securing uniformity. - (1) Where the State Government is
satisfied that for the purpose of securing uniformity in the scales of remuneration and
the other terms and conditions of service applicable to the employees who are absorbed
by the Authority under section 22, it is necessary so to do, or that, in the interest of the
Authority a reduction in the remuneration payable, of a revision of the other terms and
conditions of service applicable, to employees of any class of employees is called for,
the State Government may, notwithstanding anything contained in section 22 or other
provisions of this Act or in the Industrial Disputes Act, 1947, or in any other law for the
time being on force, or in any award, settlement or agreement for the time being in
force, alter (whether by way of reduction or otherwise) the remuneration and the other
terms and conditions of service to such extent and in such manner as it think fit; and if
the alteration is not acceptable to any employee, the Authority may terminate his
employment by giving compensation equivalent to three months' remuneration unless
the contract of service with such employee provides for a shorter notice of termination.
Explanation. - The compensation payable to an employee under this section shall be in
addition to, and shall not affect, any pension, gratuity, provident fund money or any
other benefit to which the employee may be entitled under his contract of service.
(2) Notwithstanding anything contained in sub-section (1), the remuneration payable to
any employee absorbed by the Authority under section 22, shall not be altered under
that sub-section to his disadvantage, so as to be less than the remuneration paid or
payable to him on the 1st January 1975 plus the increments earned by him during the
period from the said date to the appointed day.
24. General disqualification of all employees. - No person who had directly or
indirectly by himself or his partner or agent any share or interest in any contract, by or
on behalf of the Authority, or in any employment under, by or on behalf of the Authority
otherwise than as an employee thereof, shall become or remain an employee of the
Authority.

Conduct of Business
25. Meetings of Authority. - (1) The Authority shall meet at such times, at least once in
two months and at such places as the President may determine.
(2) The President or in his absence the Vice-President, and in the absence of both the
President and Vice-President, any other member chosen by the members present from
amongSt themselves shall preside at a meeting of the Authority.
(3) All questions at a meeting of the Authority shall be decided by a majority of votes of
the members present and voting; and in the case of an equality of vote, the person
presiding shall have and exercise a second or casting vote.
(4) Three members shall form a quorum to constitute a meeting of the Authority.
(5) Minutes shall be kept of the names of the members present and of others who
attend the meetings of the Authority under the provisions of this Act and of the
proceedings of each meeting, in a minute book to be kept for the purpose. The minutes
shall be signed at the next ensuing meeting after confirmation at such meeting and shall
be open to inspection by any member during office hours of the Authority.
(6) Subject to the foregoing provision, the Authority may observe such rule of procedure
in regard to the transaction of its business as it may deem proper and expedient.
26. Temporary association of persons with Authority for particular purpose. - (1)
The Authority may associate with itself, any person whose assistance or advice it may
desire for carrying into effect any of the provisions of this Act:
Provided that, the number of persons so associated shall not be more than three.
(2) A person -associated with the Authority under sub-section (1) for any purpose shall
have the right to take part in the deliberations of the Authority relevant to that purpose,
but shall not have the right to vote.
(3) The State Government may, by order, depute its representatives to attend any
meeting of the Authority and to take part in the deliberations of the Authority, on such
items or subjects as the State Government may specify, but such representatives shall
not have the right to vote.
27. Section 25 and 26 to apply to Meetings of Boards. - The provisions of section 25
in relation to meetings of a Board and of section 26 in relation to temporary associations
of persons with a Board shall apply as they apply in relation to meetings of the Authority
or in relation to temporary association of persons with the Authority with the
modifications that -
(1) in sub-section (1) of section 25, for the word "Authority" the word "Board" and for the
words "in two months" the words "a month" [and for the word "President" the word
"Chairman" shall, respectively,] be substituted;
(2) in sub-section (2) of section 25, for the words "President" the word "Chairman" and
for the word "Vice-President" the word "Vice-Chairman" shall be substituted;
(3) in each of sub-sections (2), (3) (4), (5) and (6) of section 25, for the word "Authority"
the word "Board" shall be substituted;
(4) in sub-section (4) of section 25 for the words "Three members" the words "One-third
of the members" shall be substituted;
(5) in section 26, for the word "Authority" wherever it occurs, the word "Board" shall be
substituted.

Chapter III
Functions, Duties and Powers of the Authority and Boards

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

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

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

(ii) development including provision for amenities in areas within the jurisdiction of the
Authority;

(iii) clearance and re-development of slums in urban areas;

(iv) development of peripheral areas of existing urban areas to ensure an orderly urban
overspill;

(v) development of commercial centres;

(vi) development of new towns in accordance with the provisions of the Town Planning
Act;

(vii) development of lands vested in the Authority;

(viii) the closure or demolition of dwellings or portions of dwellings unfit for human
habitation;

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

such buildings;

(x) repairs to, or construction and reconstruction of buildings;

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

(xii) undertakings and promoting prefabrication and mass production of buildings

components;

(b) to manage all lands, houses and buildings or other property vested in, or belonging
to the Authority;
(c) to approve proposals plans or projects prepared by Boards;

(d) to raise resources for the purpose of carrying out the objects of this Act and subject
to the directions, if any, made by the State Government, to make suitable allocations of
resources to the Boards;

(e) to approve the budgets of the Boards;

(f) to lay down policy regarding disposal of developed sites and housing tenements of
the Authority;

(g) to give directions to Boards for developing areas which in the opinion of the Authority
should be developed;

[(h) to advance loans or to assist persons in obtaining loans for banking or finance
institutions in accordance with the provisions of Chapter X;]

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

(2) In addition to the duties and functions referred to in sub-section (1), the Authority
may undertake such other duties and functions, including those of a Planning Authority
or Special Planning Authority under the Town Planning Act, as the State Government
may assign to the Authority in any specified area, and in doing so, the Authority shall be
deemed to be fulfilling the purposes of this Act and the provisions of the Act shall apply
to the Authority in respect of those duties and functions also.
(3) The Authority may exercise all or any of the following powers for the purpose of
discharging its functions and performing its duties under this Act, namely :-

(i) to borrow;

(ii) to enter into agreements and contracts;

(iii) to sell, purchase, lease, mortgage, exchange, partition or otherwise transfer any
land or building or to hold land entrusted to it by Government or by any authority;

(iv) to make regulations regarding,-

(a) procedures to be followed regarding contracts

(b) [*****]

(c) operation of accounts of the Authority;

(d) all matters pertaining to staff of the Authority;

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

(vi) management of each state including co-operative societies;

(vii) to enter and search an Authority premises after due notice, when necessary to the
inmates thereof;

(viii) to execute or carry out any repairs to the lands or buildings vesting in or belonging
to, the Authority;

(ix) all other powers necessary for carrying out the purpose of this Act including the
power to levy or charge fees.

29. Powers, duties and functions of Boards. - (1) The powers, duties and functions of
the Boards shall, subject to the provisions of sub-section.(2), be, -

(a) to prepare proposals, plans or projects for any of the matters referred to in clause (a)
of sub-section (1) of section 28 and execute them;

(b) to enter into contracts in the name of the Authority;

(c) to function on behalf of the Authority as Special Planning Authority under the Town
Planning Act;

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

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

Chapter IV

Budget, Finance, Accounts and Audit

30. Submission of budget to Authority. - [(1) The Chief Executive Officer or in his
absence the Financial Controller or such officer, as may be specially or generally
authorised in this behalf, by the Authority shall, at a special meeting to be held not later
than 31st [March] in each year, lay before the Authority, the budget estimates of the
Authority for the next year.]
(2) Every such budget estimates shall be prepared in such from as the State
Government may, from time to time by order, determine, and shall provide for, -

(i) the proposals, plans and projects which the Authority proposes to execute whether in
part or in whole during the next year;

(ii) the due fulfilment of all the liabilities of the Authority; and

(iii) the implementation of the provisions of this Act;

and such estimates shall contain a statement showing the estimated income and
expenditure on capital revenue accounts, for the next year and such other particulars
indicating the financial performance of the Authority as the State Government may
direct. The budget shall clearly reveal financial outlay and performance.
(3) The Chief Officer of every Board shall prepare annually on or before such date and
in such form as the State Government may from time to time by order determine a
budget estimate of the income and expenditure of the Board for the next year relating to
the proposals, plans or projects to be undertaken or continued or executed from the
funds of the Authority.
(4) Every Board shall, as soon as may be, after the said date consider the budget
estimates so prepared and approve the same with or without modifications and forward
it to the Authority for the inclusion thereof in the budget estimates of the Authority before
such date as the State Government may, from time to time, by order determine.
31. Sanction of budget estimates. - The Authority shall consider the budget estimates
submitted to it under section 30 and approve the same with or without modifications on
or before such date as the State Government may, from time to time, determine. The
budget estimates forwarded by every Board shall form part of the budget estimates of
the Authority.
32. Submission of approved budget estimates to State Government. - (1) Every
budget estimates approved by the Authority under the last preceding section shall be
submitted to the State Government for information.
(2) After the receipt of the approved budget estimates, the State Government may as far
as practicable before the beginning of the next year, suggest to the Authority, such
modifications therein as the State Government may deem fit, and the Authority shall
carry out such modifications in the budget estimates in such manner as the Authority
may think fit.
33. Supplementary budget. - The Chief Executive Officer may, at any time during the
year for which a budget has been approved by the Authority, lay before the Authority as
supplementary budget estimate and the provisions of sections 30, 31 and 32 shall, so
far as may be, apply to such supplementary budget estimates.
34. Authority's Fund - (1) The Authority shall have its own fund.
(2) (a) All moneys received by the Authority by way of grants, subventions, donations
and gifts for all or any of the purposes of this Act;
(b) All proceeds of land or any other kind of property sold or disposed of by the
Authority, all rents, deposits, betterment charges and all interest, profits and other
moneys accruing to the Authority;

(c) all loans received by the Authority;

shall constitute the fund of the Authority;

(3) [* * * * * * *]
35. Deposit of money in fund and operation thereof. - (1) Except as otherwise
directed by the State Government, all moneys forming part of the funds of the Authority
shall be deposited in the Reserve Bank of India or in such Scheduled Bank or invested
in such securities as may be approved by the State Government.
Explanation. - For the purposes of this section, the Reserved Bank of India means the
Reserve Bank of India at [Mumbai] constituted under the Reserve Bank of India Act,
1934, and a Scheduled Bank means a Bank included in the Second Schedule to the
said Act.
(2) The fund of the Authority shall be operated upon by such officers as may be
authorised by the Authority.
36. Power of Authority to borrow. - (1) The Authority may, from time to time with the
previous sanction of the State Government and subject to the provisions of this Act and
to such conditions as may be prescribed in this behalf, borrow any sum required for the
purpose of this Act.
(2) The rules made by the State Government for the purposes of this section may
empower the Authority to borrow by the issue of debentures and to make arrangements
with bankers.
(3) All debentures issued by the Authority shall be in such form as the Authority with the
sanction of the State Government, may, from time to time, determine.
(4) Every debenture shall be signed by the President and one other member of the
Authority as the Authority may by order specify in this behalf.
(5) Loans borrowed and debentures issued under this section may be guaranteed by
the State Government as to the repayment of principle and the payment of interest at
such rate as may be fixed by the State Government.
37. Application of property, fund, etc. - All property and fund of the Authority and all
other assets belonging to, or vesting, in the Authority shall be held and applied by it,
subject to the provisions and for the purposes, of this Act.
38. Subvention and loans to Authority. - (1) Any Government or local authority (and
every local authority is hereby authorised to do so) may, from time to time, make
subventions to the Authority for the purposes of this Act on such terms and conditions
as the State Government may determine.
(2) Any Government may from time to time advance loans to the Authority on such
terms and conditions not inconsistent with the provisions of this Act, as that Government
may determine.
39. Accounts and audit. - (1) The Authority shall cause to be maintained proper books
of accounts and such other books as the rules may require, and shall prepare in
accordance with the rules an annual statement of accounts.
(2) The Authority shall cause its accounts to be audited annually by such person and by
such date in the next succeeding year as the State Government may direct. The person
so directed shall have the right to demand the production of books, accounts and
connected vouchers, documents and papers, and to inspect any of the offices of the
Authority including those of the Boards.
(3) As soon as the accounts of the Authority have been audited, the Authority shall send
a copy thereof with a copy of the report of the auditor thereon to the State Government;
and the Authority shall comply with such directions as the State Government may, after
perusal of the report of the auditor think fit to issue.
(4) The accounts together with the report of the auditor thereon shall be laid by the
State Government before each House of the State Legislature as far as possible before
the expiry of the year next succeeding the year to which they relate.
40. Concurrent and special audit of accounts. - (1) Notwithstanding anything
contained in section 39, there shall be a concurrent audit of the accounts of the
Authority by such person as it thinks fit. The State Government may also direct a special
audit to be made by such person as it thinks fit of the accounts of the Authority relating
to any particular transaction or a class or series of transactions or to a particular period.
(2) Where an order is made under sub-section (1), the Authority shall present or cause
to be presented for audit such accounts and shall furnish to the person appointed under
sub-section (1) such information as the said person may require for the purpose of
audit; and shall remedy or cause to be remedied the defects pointed out by such
person, unless they are conduced by the State Government.

Chapter V

Acquisition of Land and Disposal of Property of The Authority

41. Power of State Government to acquire land. - (1) Where, on any representation
from the Authority or any Board it appears to the State Government that, in order to
enable the Authority to discharge any of its functions or to exercise any of its powers or
to carry out any of its proposals plans, or projects, it is necessary that any land should
be acquired, the State Government may acquire the land by publishing in the Official
Gazette, a notification to the effect that the State Government has decided to acquire
the land in pursuance of this section:
Provided that, before publishing such notification, the State Government shall by notice
published in the Official Gazette, and served in the prescribed manner, call upon the
owner of, or any other person who, in the opinion of that Government, may be
interested in, such land to show cause, why it should not be acquired and after
considering the cause, if any, shown by the owner or any other person interested in the
land, the State Government may pass such order as it thinks fit.
Provided further that, if the land proposed to be acquired falls within the Scheduled
Areas then the State Government shall before such acquisition and before resettling or
rehabilitating of person affected consult, -

(i) the Gram Sabha and the Panchayat concerned, if the land falls within the area of one
Panchayat;
(ii) concerned Gram Sabhas and the Panchayat Samiti, if the land falls within the area
of more than one village in the Block concerned;

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

such consultation shall be done in the manner as may be laid down by the state
Government by issuing general or special order issued in this behalf:
Provided that, the decision taken by the majority of the Gram Sabhas concerned by
passing a resolution in the above matter shall be binding on the concerned Panchayat
Samiti or the Zilla Parishad, as the case may be.
Explanation. - For the purpose of these provisions,-

(i) the expressions "Gram Sabha," "Panchayat" and "Scheduled Areas" shall have the
meaning respectively assigned to them in the Bombay Village Pachayat Act, 1958;

(ii) the expressions "Panchayat Samiti" and "Zilla Parishad" shall have the meanings
respectively assigned to them in the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961.

(2) The acquisition of land for any purpose mentioned in sub-section (1) shall be
deemed to be a public purpose.
(3) Where notification aforesaid is published in the Official Gazette, the land shall, on
and from the date on which the notification is so published, vest absolutely in the State
Government free from all encumbrances.
42. Power of State Government to require person in possession of land to
surrender or deliver possession thereof to State Government. - (1) Subject to the
provisions of section 51, where any land is vested in the State Government under sub-
section (3) of section 41, the State Government may, by notice in writing, order any
person who may be in possession of the land to surrender or deliver possession thereof
to the State Government or any person duly authorised by it in this behalf within thirty
days of the date of service of the notice.
(2) If any person fails or refuses to comply with an order under sub-section (1) the State
Government may take possession of the land, and may, for that purpose use or cause
to be used such force as may be reasonably necessary.
(3) Where any land is taken possession of as aforesaid, the State Government shall
make that land available to the Authority for the purpose for which the land has been
acquired and for discharging its functions, performing its duties and exercising its
powers.
43. Right to receive amount for acquisition. - Every person having any interest in any
land acquired under this Chapter shall be entitled to receive from the State Government
an amount as provided hereafter in this Chapter.

Lands in Municipal Areas

44. Basis for determination of amount for acquisition of lands in municipal areas.
- (1) Where any land including any building thereon is acquired and vested in the State
Government under this Chapter and such land is situated in any area within the
jurisdiction of any Municipal Corporation or Municipal Council, the State Government
shall pay for such acquisition an amount which shall be determined in accordance with
the provisions of this Section.
(2) Where the amount has been determined with the concurrence of the Authority by
agreement between the State Government and the persons to whom it is payable, it
shall be determined and paid in accordance with such agreement.
(3) Where no such agreement can be reached, the amount payable in respect of any
land acquired shall be an amount equal to one hundred times the net average monthly
income actually derived from such rand, during the period of five consecutive years
immediately preceding the date of publication of the notification referred to in section 41
as may be determined by the Land Acquisition Officer.
(4) The net average monthly income referred to in sub-section (3) shall be calculated in
the manner and in accordance with the principles set out in the First Schedule.
(5) The Land Acquisition Officer shall, after holding an inquiry in the prescribed manner,
determine in accordance with the provisions of sub-section (4) the net average monthly
income actually derived from the land. The Land Acquisition Officer shall then publish a
notice in a conspicuous place on the land and serve it in the prescribed manner calling
upon the owner of the land and every person interested therein to intimate to him,
before a date specified in the notice, whether such owner or person agree to the net
average monthly income actually derived from the land as determined by the Land
Acquisition Officer. If such owner or person does not agree, he may intimate to the Land
Acquisition Officer before the specified date what amount he claims to be such net
average monthly income.
(6) Any person, who does not agree to the net average monthly income as determined
by the Land Acquisition Officer under sub-section (5) and the amount for acquisition to
be paid on that basis and claims a sum in excess of that amount may prefer an appeal
to the Tribunal, within thirty days from the date specified in the notice referred to in sub-
section (5).
(7) On appeal, the Tribunal shall, after hearing the appellant, determine the net average
monthly income and the amount to be paid on that basis and its determination shall be
final and shall not be questioned in any court.
45. Apportionment of amount for acquisition. - (1) Where the owner of the land and
the owner of the building thereon are different persons, or several persons claim to be
interested in the amount for acquisition determined under the last preceding section, the
Land Acquisition Officer shall determine the persons who in his opinion are entitled to
receive the same and the sum payable to each of them.
(2) If any dispute arises as to the appointment of the amount or any part thereof or as to
the persons to whom the same or any part thereof is payable, the Land Acquisition
Officer may refer the dispute to the decision of the Tribunal; and the Tribunal in deciding
any such dispute shall follow the provisions of Part III of the Land Acquisition Act, 1894.
46. Payment of amount for acquisition or deposit of same in court. - (1) After the
amount for acquisition has been determined, the Land Acquisition Officer shall, on
behalf of the State Government, tender payment of and pay the amount to the persons
entitled thereto.
(2) if the persons entitled to the amount do not consent to receive it, or if there be any
dispute as to the title to receive the same or as to the apportionment of it, the Land
Acquisition Officer shall deposit the amount in Greater Bombay, in the Bombay City Civil
Court, and in any other municipal area in the Court of the District Judge, and that Court
shall deal with the amount so deposited in the manner laid down in sections 32 and 33
of the Land Acquisition Act, 1894.
47. Power of Land Acquisition Officer in relation to determination of amount for
acquisition etc. - (1) The Land Acquisition Officer may, for the purpose of determining
the amount for acquisition or apportionment thereof, by order require any person to
furnish such relevant information in his possession as may be specified in the order.
(2) The Land Acquisition Officer shall, while holding an inquiry under subsection (5) of
section 44 of this Act have all the powers of a civil court while trying a suit under the
Code of Civil Procedure, 1908, in respect of the following matters,

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavit;

(d) requisitioning any public record from any court or office;

(e) issuing commissions for examination of witnesses.

48. Payment of interest. - When the amount for acquisition is not paid or deposited on
or before taking possession of the land, the Land Acquisition Officer on behalf of the
State Government shall pay the amount determined with interest thereon, from the date
of taking possession until the amount is paid or deposited, at the rate of 4 per cent per
annum for the first six months, and thereafter at the rate of 9 per cent per annum.
49. Appointment of Land Acquisition Officer. - The State Government may, by
Notification in the Official Gazette, appoint an officer who is holding or has held an
office, which in its opinion is not lower in rank than that a Deputy Collector or Assistant
Director of Town Planning to be a Land Acquisition Officer for the purposes of this Act,
and one or more such officers may be appointed as may be necessary.

Lands in Rural Areas

50. Basis for determination of amount for acquisition of lands in rural areas and
other procedure. - (1) Where any land (including any building thereon) is acquired and
vested in the State Government under this Chapter and such land is situated in any
area outside the Jurisdiction of any Municipal Corporation or Municipal Council (in this
Chapter referred to as "a rural area"), the State Government shall pay for such
acquisition an amount, which shall be determined in accordance with the provision of
this section.
(2) Where the amount has been determined, with the concurrence of the Authority, by
agreement between the State Government and the person to whom it is payable, it shall
be determined and paid in accordance with such agreement,
(3) Where no such agreement can be reached, the State Government shall refer the
case to the Collector, who shall determine the amount for acquisition in accordance with
the principles for determining compensation laid down in the Land Acquisition Act, 1894,
and the provisions of that Act (including provisions for reference to Court and appeal)
shall apply thereto mutatis mutandis as if the and has been acquired and compensation
had to be determined, apportioned and paid under the provisions of that Act, subject to
the modifications that reference in sections 23 and 24 of that Act, to the date of
publication, of the notification under section 4, sub-section (1) were references to the
date on which the notice under the proviso to sub-section (1) of section 41 of this Act is
published, and the reference to the time or date of the publication of the declaration
under section 6 of that Act were references to the date of publication of the notification
referred to in sub-section (3) of section 41 of this Act in the Official Gazette.
Explanation. - In this section, "Collector" means the Collector of a District and includes
any officer specially appointed by the State Government or by the Commissioner to
perform the functions of a Collector under the Land Acquisition Act, 1894.

Alternative Accommodation

51. Alternative accommodation to occupiers of residential premises where any

acquired building is to be demolished. - Whereas any building acquired under this
Chapter which is vested in the Authority is proposed to be demolished, it shall be the
duty of the Authority before evicting the occupiers, to allot such alternative
accommodation, at such place and of such nature and size, as the Authority may
determine, only to those persons who are occupiers of residential premises in the
building, either as owner or tenant, and who are actually residing in the building at the
time of their eviction. If any occupier fails to accept and occupy the alternative
accommodation allotted to him within 45 days from the date of allotment the
responsibility of the Authority to provide him with such accommodation shall cease. The
decision of the Authority as regards any matter contained in this section shall be final
and shall not be questioned in any court.
Explanation. - In this section "building" means house or a tenement or tenements let or
intended to he let or occupied separately, but does not include any building which is
unauthorised or which is a temporary building as defined in clause (SB) of section 3 of
[the Mumbai Municipal Corporation Act], with this modifications that the expression
"Commissioner" in that clause shall include an officer or authority which is competent to
allow a temporary building to be built within his or its jurisdiction.
52. Power to purchase or lease by agreement. - The Authority may also enter into an
agreement with any person for the acquisition from him by purchase, lease or
exchange, of any land which is needed for the purpose of any proposals, plan or project
of the Authority or any interest in such land or for compensating the owners of any such
right in property in respect of any deprivation thereof or interference therewith.

Betterment Charges
53. Betterment charges. - (1) Where for the purpose of any proposal, plan or project,
any land in the area comprised therein which is not required for the execution thereof
will in the opinion of the Authority, be increased in value, the Authority may for the
purposes of any such proposal, plan or project in lieu of providing for acquisition of such
land, declare that the betterment charges shall be payable by the owner of the land or
any person having an interest therein in respect of the increase in value of the land
resulting from the execution of such proposal, plan or project.
(2) Such increase in value shall be the amount by which the value of the land on the
completion of the execution of the proposal, plan or project estimated as if the land were
dear of the buildings exceeds the value of the land prior to the execution of the
proposal, plan or project estimated in like manner and the betterment charges shall be
one-half of such increase in value.
(3) No betterment charges shall be payable by the Government in respect of any land
which is the property of the Government or is managed by any Government or by any
Corporation (including a company or subsidiary company thereof) owned or controlled
by the State or by any local authority or any public institution in respect of any land
belonging to such authority or institution if and so as long as, such land is used for
public, charitable or religious purpose.
54. Notice to Person liable for betterment charges. - (1) The Authority shall give
notice to any person who is the owner of or has interest in the land in respect of which
the betterment charges are to be levied and shall give such persons an opportunity to
be heard.
(2) After hearing such person, or if such person fails to appear after the expiry of the
period within which such person is required to appear before the Authority, the Authority
shall proceed to assess the amount of betterment charges.
(3) Where the assessment of betterment charges proposed by the Authority is accepted
by the person concerned within the period prescribed, the assessment shall be final.
(4) If the persons concerned does not accept the assessment proposed by the
Authority, the matter shall be referred to the Tribunal.
(5) The Tribunal shall, after holding an inquiry and after hearing the person concerned,
assess the amount of the betterment charges payable by the person.
55. Agreement for payment of betterment charges. - (1) Any person liable to pay
betterment charges in respect of any land may at his option, instead of paying the same
to the Authority, execute an agreement with the Authority to leave the payment
outstanding as a charge on his interest in the land, subject to the payment in perpetuity
of interest at such rate as may be prescribed.
(2) Every payment due from any person in respect of betterment charges and every
charge referred to in sub-section (1) shall, notwithstanding anything contained in any
other enactment and notwithstanding the execution of any mortgage or charge, created
either before or after the commencement of this Act, be the first charge upon the
interest of such person in such land.
56. Recovery of betterment charges. - All sums payable in respect of any land by any
person in respect of betterment charges under section 53 or by any person under an
agreement under section 55 shall be recoverable on behalf of the Authority as an arrear
of land revenue on a certificate of an officer appointed by the State Government in this
behalf.
 Certain Provisions for Purposes of this Act

57. Transfer to Authority for purposes of this Act land vested in Municipal
Corporation, Municipal Council or Zilla Parishad. - (1) Whenever any street, square
or other land, or any part thereof, situated in any area within the limits of a Municipal
Corporation, Municipal Council or Zilla Parishad and vested in such Corporation,
Council or Parishad is required for any of the purposes of this Act, the Authority shall
give notice accordingly to the Corporation, Council or Zilla Parishad, as the case may
be.
(2) Where the Municipal Corporation, Municipal Council, Zilla Parishad concurs, such
street, square or other land, or part thereof shall vest in the Authority.
(3) Where there is any dispute, the matter shall be referred to the State Government.
The State Government shall, after considering any representation, or after hearing any
officer of the Municipal Corporation, Municipal Council or Zilla Parishad concerned
decide the matter. The decision of the State Government shall be final. If the State
Government decides that such street, square or lands or part thereof, shall vest in the
Authority, it shall rest accordingly.
(4) Nothing in this section shall affect the rights or powers of the Municipal Corporation,
Municipal Council or Zilla Parishad in or over any drain or water work in such street,
square or lands or the rights or powers of any authority in respect of any of its works or
installations duly laid in such street, square or land under any law for the time being in
force in the State.
58. Payment in respect of land vested in Authority. - (1) Where any land vests in the
Authority under section 57 and the Authority makes a declaration that such land shall be
retained by the Authority only until it revests in the Municipal Corporation, the Municipal
Council or the Zilla Parishad as part of a street or an open space under section 61, no
amount shall be payable by the Authority to the Municipal Corporation, the Municipal
Council or the Zilla Parishad, as the case may be in respect of that land.
(2) Where any land vests in the Authority under section 57 and no declaration is made
under sub-section (1) in respect of the land, the Authority shall pay to the Municipal
Corporation; the Municipal Council or the Zilla Parishad, as the case may be, an amount
equal to the value of such land.
(3) If, in any case where the Authority has made a declaration in respect of any land
under sub-section (1), the Authority retains or disposes of the land contrary to the terms
of the declaration so that the land does not revest in the Municipal Corporation, the
Municipal Council or Zilla Parishad, as the case may be, the Authority shall pay to the
Municipal Corporation, the Municipal Council or the Zilla Parishad an amount in respect
of such land in accordance with the provisions of sub-section (2).
59. Power of Authority to turn or close public street vested in it. - (1) The Authority
may turn, divert, discontinue the public use of, or permanently close, any public street
vested in it or any part thereof.
(2) Whenever the Authority discontinue the public use of or permanently closes any
public street vested in it or any part thereof, it shall, as far as practicable, provide some
other reasonable means of access to be substituted in lieu of the use, by those entitled,
of the street or part thereof, and pay a reasonable amount to every person who is
entitled, otherwise than as a mere member of the public to use such street or part as a
means of access and has suffered damage from such discontinuance or closing.
(3) In determining the amount payable to any person under sub-section (2) the Authority
shall make allowance for any benefit accruing to him from the construction, provision or
improvement of any other public street at or about the same time that the public street
or part thereof, on account of which the amount is paid, is discontinued or closed.
(4) When any public street vested in the Authority is permanently closed under sub-
section (1), the Authority may sell or lease so much of the same as is no longer
required...
60. Reference to Tribunal in case of dispute under section 58 or 59. - If there is any
dispute as to whether any amount is payable under section 58 or as to the quantum of
amount payable under section 58 or section 59, as the case may be, the matter shall be
referred to the Tribunal.
61. Vesting in Municipal Corporation, Municipal Council or Zilla Parishad of
streets laid out or altered an open space provided by Authority under any
proposal, plan or project under this Act. - (1) Whenever the State Government is
satisfied-

(a) that any street laid out or altered by the Authority has been duly levelled, paved,
metalled, flagged, channelled, severed, and drained as required for any proposals,
plans or projects included in the budget, and

(b) that such lamps, lamp-posts and other apparatus as the Municipal Corporation, the
Municipal Council or Zilla Parishad, as the case may be, considers necessary for the
lighting of such street and as ought to be provided by the Authority have been so
provided, and

(c) that water and other sanitary conveniences have been duly provided in such street,

the State Government may declare the street to be a public street, and the street shall
thereupon vest in the Municipal Corporation, Municipal Council or Zilla Parishad, as the
case may be, and shall hence forth be maintained, kept in repair, lighted and cleaned by
the Municipal Corporation, Municipal Council or Zilia Parishad.
(2) Where any open space for purposes of ventilation or recreation has been provided
by the Authority in executing any proposals, plan or project under this Act, the Authority
may at its option by resolution transfer such open space to the local authority concerned
on completion of the proposal, plan or project, and thereupon, such open space shall
vest in, and be maintained at the expense of the local authority:
Provided that, the local authority may require the Authority before any such open space
is so transferred to enclose, level, turf, drain and layout such space and provide
footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it.
(3) If any difference of opinion arises between the Authority and the Municipal
Corporation, Municipal Council or Zilla Parishad in respect of any matters referred to in
the foregoing provisions of this section, the matter shall be referred to the State
Government, whose decision shall be final.
62. Disputes regarding reconstitution of plots. - (1) Where under any proposal, plan
or project under this Act, any plots comprised in the area included therein are
reconstituted or any person is dispossessed, any person affected by such reconstitution
or dispossession may apply to the Authority for damages. The Authority may, after
making such inquiry as it thinks fit, decide whether the applicant is entitled to any
damages, and if so to what extent. If the person is dissatisfied with the decision of the
Authority in the matter, he may refer the matter to the Tribunal.
(2) The Tribunal shall, after making an inquiry, determine the amount of damages and
direct the Authority to pay the same to the person entitled thereto.
63. Authority to assume management of requisitioned lands. - The Authority shall,
subject to the general control of the State Government, assume management of all such
lands, requisitioned or deemed to be requisitioned or continued to be subject to
requisition, by or under the authority of the State Government under the Bombay Land
Requisition Act, 1948 or by or under any corresponding law for the time being in force,
as the State Government may direct.
64. Power to dispose of property. - Subject to any rules made by the State
Government under this Act, the Authority may retain, lease, sell, exchange, or otherwise
dispose of, any land, any building or other property vesting in it and situate in the area
comprised in any proposal, plan or project permitted under this Act, in such manner as it
thinks fit.

Chapter VI

Power to Evict Persons from Authority Premises and To Recover Dues

65. Appointment of Competent Authority. - The State Government may, by

notification in the Official Gazette, appoint an officer, who is holding or has held an
office which in its opinion is not lower in rank than that of Deputy Collector or Civil
Judge, to be the Competent Authority for performing the functions of such authority
under this Chapter in such areas, or in respect of such premises or class of premises in
any area, as may be specified in the notification; and more than one officer may be
appointed as Competent Authority in the same area in respect of different premises or
different classes of premises.
66. Power to evict certain persons from Authority premises. - (1) If the Competent
Authority is satisfied-

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

(i) not paid rent or compensation or amount lawfully due from him in respect of such
premises for a period of more than two months, or

(ii) sub-let, without the previous permission of the Authority, the whole or any part of
such premises, or

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

such premises, or
(iv) made, or is making, material addition to, or alteration in, such premises without the
previous permission of the Authority, or

(v) otherwise acted in contravention of any of the terms, express or implied, under which
he is authorised to occupy such premises, or

(vi) failed to vacate the premises required by the Authority for the purpose of
implementing any plan or project for the sale of tenements and to accept the alternative
accommodation offered by the Authority;

(b) that any person is an unauthorised occupation of any Authority premises, the
Competent Authority may, for reasons to be recorded in writing, by notice served (i) by
post, or (ii) affixing a copy of it on the outer door or some other conspicuous part of such
premises, or (iii) in such other manner as may be prescribed, other that person, as well
as any other person, who may be in occupation of the whole or any part of the
premises, to vacate the premises in unauthorised occupation, within 24 hours of the
date of service of notice, and in any other case within a period of seven days of the date
of such service.

(2) Before an order under sub-section (1) is made against any person, the Competent
Authority shall issue, in the manner hereinafter provided a notice in writing calling upon
all persons concerned to show cause within ten days why an order of eviction should
not be made.
The notice shall -

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

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

If such persons makes an application to the Competent Authority for the extension of
the period specified in the notice, such Authority may grant the same on deposit of one
hundred rupees and on such terms as to payment and recovery of the amount claimed
in the notice, as such Authority thinks fit.
Any written statement put in by any person and documents produced in pursuance of
the notice, shall be filed with the record of the case, and such person shall be entitled to
appear before the Competent Authority by advocate, attorney or other legal practitioner.
The notice to be served under this sub-section shall be served in the manner provided
for the service of a notice under sub-section (1); and thereupon, the notice shall be
deemed to have been duly given to all persons concerned.
(3) If any person refuses or fails to comply with an order made under subsection (1), the
Competent Authority may evict that person and any other persons who obstructs him
and takes possession of the premises, and may for that purpose use such force as may
be necessary.
(4) The Competent Authority may, after giving ten clear days notice to the person from
whom possession of the Authority premises has been taken under subsection (3), and
after publishing such notice in the prescribed manner, remove or cause to be removed
or disposed of by public auction, any property remaining on such premises. Such notice
shall be served in the manner provided for the service of a notice under sub-section (1).
(5) Where the property is sold under sub-section (4), the sale proceeds shall, after
deducting the expenses of sale, be paid to such person or persons as may appear to
the Competent Authority to be entitled to the same :
Provided that, where the Competent Authority is unable to decide as to the person or
persons to whom the balance of the amount is payable or as to the apportionment of the
same, he shall refer such dispute to a civil court of competent jurisdiction and the
decision of the court thereon shall be final.
(6) If a person, who has been ordered to vacate any premises under sub-clause (i) or
(v) of clause (a) of sub-section (1), within seven days of the date of service of the notice,
pays to the Authority the rents or compensation or amount in arrears or carries out or
otherwise complies with the term contravened by him to the satisfaction of the
Competent Authority, such Authority shall, on such terms, if any (including the payment
of any sum by way of damages or compensation for the contravention aforesaid), in lieu
of evicting such person under sub-section (3) cancel his order made under sub-section
(1) and thereupon, such person shall continue to hold the premises on the same terms
on which he held them immediately before such notice was served on him:
Provided that, if a person authorised to occupy the Authority premises fails to pay the
arrears of rent, compensation or amount for three times within a period of two
consecutive years, he shall be liable to be evicted under the provisions of this section.
Explanation I - For the purpose of this Chapter, the expression 'unauthorised
occupation' in relation to any person authorised to occupy any Authority premises
includes the continuance of occupation by him or by any person claiming through or
under him of the premises after the authority under which he was allowed to occupy the
premises has expired or has been duly determined.
Explanation II.- For the purpose of this Chapter, the term rent, compensation or amount
includes any payment to be made by a person in respect of any premises taken by him
from the Authority under hire-purchase agreement and also any penalty [imposed such
rate as may be prescribed] for the default in the payment of rent, compensation or
amount. The amount of such penalty shall not exceed 10 per cent, of such rent,
compensation or amount.
(7) Notwithstanding anything contained in this Chapter including this section, if any
person fails to vacate the premises required by the Board for the purpose of demolition
of building containing such premises which are unfit for human habitation then, the
Board may required the occupants thereof to vacate the premises within 24 hours of the
date of service of the notice; and at the same time allot them alternative accommodation
in any building of the Authority at such place as it thinks fit. The accommodation may
not be in the same locality or of the same floor area as the premises vacated by the
occupiers. If any occupier fails to accept and occupy the alternative accommodation
allotted to him within the time specified by the Board the responsibility of the Board to
provide him with any alternative accommodation shall cease. Such occupier shall,
however, have a right to re-occupy his premises in the building if a building is re-erected
on the land on which the demolished building stood.
(8) Where an occupier does not vacate his premises, the Board may take or cause to be
taken such steps and use or cause to be used such, force as may be reasonably
necessary for the purpose of getting the premises vacated.
(9) The decision of the Board under sub-sections (7) and (8) shall be final and
conclusive and shall not be called in question in any court nor any injunction against the
order of demolition or vacation of the premises shall be made by any court.
67. Power to recover rent, compensation, amount or damages as arrears of land
revenue. - (1) Subject to any rules made by the State Government in this behalf, but
without prejudice to the provisions of the last preceding section, where any person is in
arrears of rent, compensation or amount payable in respect of any Authority premises,
such officer as may be authorised by the Board may by notice served in the manner
provided for service of notice under sub-section (1) of section 66 order that person to
pay the same within such period, not less than ten days as may be specified in the
notice. If such person refuses to pay the arrear of rent, compensation or amount within
the time specified in the notice, such arrears may be recovered as arrears of land
revenue.
(2) Where any person is in unauthorised occupation of any Authority premises, the
Competent Authority may, in the manner and having regard to the principles of
assessment of damages provided for by the rules, assess, such damages on account of
the use and occupation of the premises as it may deem fit, and may by notice served in
the manner referred to in sub-section (1) order that person to pay the damages, within
such time as may be specified in the notice. If any person refuses or fails to pay the
damages within the time specified in the notice, the damages may be recovered from
him as arrears of land revenue.
(3) No order shall be made under sub-section (2) until after the issue of a notice in
writing to the person calling upon him to show cause, within fifteen days, why such
order should not be made, and until his objections, if any, and any evidence he may
produce in support of the same, have been considered by the Competent Authority.
68. Rent, compensation or amount to be recovered from deduction from salary or
wages in certain cases. - (1) Without prejudice to the provisions of section 66, any
person who has been allotted any Authority premises may execute an agreement in
favour of his employer providing that the employer shall be competent to deduct from
the salary or wages payable to such person such amount as may be specified in the
agreement and to pay the amount so deducted to the Authority in satisfaction of the rent
compensation or amount due by him in respect of the Authority premises allotted to him.
(2) On the execution of such agreement the employer shall, if so required by the
authority, by requisition in writing make the deduction of the amount specified in the
requisition from the salary or wages of the employee specified in the requisition in
accordance with the agreement, and pay the amount so deducted to the Authority as if it
were a part of the salary or wages payable by the employer as required under the
Payment of Wages Act, 1936 on the day on which the employer makes payment.
69. Competent Authority to have powers of civil courts. - The Competent Authority
shall, for the purpose of holding any inquiry under this Chapter, have the same powers
as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a
suit, in respect of the following matters, namely :-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed.

70. Appeals - (1) An appeal shall lie from every order of the Competent Authority made
in respect of any Authority premises under section 66 or section 67 to an appellate
officer whom the State Government may, by a notification in the Official Gazette,
appoint. The appellate officer shall be a person not below the rank of a Deputy
Secretary to Government having judicial experience or experience in the Legal
Department of the State or [a person who has for at least ten years held any judicial
office,] who shall be specified for the purpose by the State Government in such
notification.
(2) The State Government may appoint one or more appellate officers for the whole or
that part of the State in which this Act is in force, or for such are therein as may be
specified in the notification.
(3) The period within which an appeal under sub-section (1) may be preferred shall -

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

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

Provided that, the appellate officer may entertain the appeal after the expiry of the said
period of 30 days, if he is satisfied that the appellant was prevented by sufficient cause
from filing the appeal in time.
(4) Where an appeal is preferred from an order of the Competent Authority, the
appellate officer may stay the enforcement of that order on payment of deposit of two
hundred rupees for such period and on such conditions as he deems fit.
(5) Every appeal under this section shall be disposed of by the appellate officer as
expeditiously as possible.
(6) The appellate officer may make regulations for regulating the practice and
procedure, including the award of costs, the levy of any process fee, filing fee, or
copying or translation fees including provision for recovery thereof in the form of court-
fee stamps, the right of appearance before him, the place or places of his sitting, the
disposal of any proceedings before him notwithstanding that in the course thereof there
has been a change in the appellate officer and generally for the effective exercise of his
powers and discharge of his functions under this Act.
(7) The regulations made under this section shall be published in the Official Gazette.
71. Bar of jurisdiction of civil courts. - No civil court shall have jurisdiction to entertain
any suit or proceeding in respect of the eviction of any person from any Authority
premises under this Chapter, or the recovery of the arrears of rent, compensation,
amount or damages for use and occupation of such premises, or in respect of any order
made or to be made or any action taken or to be taken by the Competent Authority or
the appellate officer in the exercise of any power conferred by or under this Chapter, or
to grant any injunction in respect of such order or action.
72. Penalty for obstructing lawful exercise of powers under this Chapter. - Any
person, who obstructs the lawful exercise of any powers conferred by or under this
Chapter, shall, on conviction, be punished with fine which may extend to one thousand
rupees.

Chapter VII

Tribunal

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

Chapter VIII

Repairs and Reconstruction of Dilapidated Buildings

74. Board for purposes of this Chapter. - [The Mumbai Repairs and Reconstruction
Board] established under section 18 of this Act shall be the Board for the purposes of
carrying out the purposes of this Chapter.
75. Board to exercise power and perform duties subject to the superintendence,
direction and control of Authority. - The Board shall exercise its powers and perform
its duties and functions under this Chapter, subject to the superintendence, direction
and control of the Authority.
76. Duties relating to repairs and reconstruction of dilapidated buildings. - Subject
to the provisions of this Chapter, it shall be the duty of the Board-

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

(b) to provide temporary or alternative accommodation to the occupiers of any such

building, when repairs thereto are undertaken, or a building collapses;
(c) to undertake, from time to time, the work of ordinary and tenantable repairs in
respect of all premises placed at the disposal of the Board;

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

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

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

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

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

77. Special Powers of Board. - The Board, in the exercise of its powers, performance
of its duties and discharge of its functions under this Chapter may-

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

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

(b) cause any building proposed to be structurally repaired or reconstructed or

demolished to be vacated if so considered necessary, within a specified period, and
take or cause to be taken such steps and use or cause to be used such force as may be
reasonably necessary therefor.

Where any such building or part thereof is caused to be vacated, the Board shall allot to
the occupiers who are dishoused or required to vacate their premises temporary
accommodation in any building maintained by the Authority at such place and to such
extent as it deems fit; and the relevant provisions of this Chapter shall mutatis mutandis
apply to such occupiers.
78. Penalty for contravening section 77. - Any person who obstructs the entry of a
person authorised under section 77 to enter upon any building or land or in the
performance or execution by such person of his duty, or of any work which he is
authorised or required to do, or molests such person in any way after such entry, or fails
to vacate any building or to remove therefrom any belongings within the period specified
in that behalf shall, on conviction, be punished with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred rupees, or with
both.
79. Power of Board to undertake building repairs, building reconstruction and
occupiers housing and rehabilitation schemes. - (1) The Authority may, on such
terms and conditions as it may think fit to impose, entrust to the Board the framing and
execution of schemes for building repairs or for reconstruction of buildings or for
housing and rehabilitation of, dishoused occupiers, whether provided by this Act or not,
and the Board shall thereupon undertake the framing and execution of such schemes
as if it had been provided for by this Act.
(2) The Board may, on such terms and conditions as may be agreed upon and with the
previous approval of the Authority-

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

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

80. Where any building is repaired, old building material which is replaced to
become property of Authority in exchange for new material provided and
provision for compensation in suitable cases. - Notwithstanding anything contained
in any law for the time being in force, but subject to the provisions of sub-section (2),
where any structural repairs of a building or a part thereof are carried out by the Board
under the provisions of this Act the building material, debris and other things of the old
building (which are replaced by the Board by the like material or different material) shall,
on such replacement, be deemed to have become the property of the Authority in
exchange for the new material so provided by the Board; and it shall be lawful for the
Board to remove or cause to be removed such old building material, debris and other
things and to sell or otherwise dispose of that material, debris and things, in such
manner as it deems fit.
(2) As soon as possible after such repairs are carried out, the Board shall give notice to
the owner that the material, debris and things aforesaid have become the property of
the Authority and that if the owner claims that the value of the said material, debris and
things was more than the amount of the expenditure incurred by the Board on such
repairs, he may submit his claim for compensation, with the necessary particulars to the
Board, within thirty days from the date of receipt of such notice. Where any such claim
is made, the Board shall, after holding such enquiry as it deems fit and giving a
reasonable opportunity to the owner of being heard, decide the claims, and may either
reject the claim or accept it. Where the Board accepts the claim, the Board shall make
an order for payment to the owner as compensation an amount equal to the difference
between the value of the building material, debris and other things of the old buildings
as estimated by it and the amount of the expenditure incurred by the Board on the
structural repairs referred to in sub-section (1).
81. Use of property assigned or entrusted by Government, Municipal Corporation.
The State Government or the [Municipal Corporation of Greater Mumbai] (hereinafter
referred to as ["the Mumbai Corporation"] may assign or entrust to the Board on behalf
of the Authority any property, whether moveable or immoveable, for sue by the Board
for the purposes of this Chapter, on such terms and conditions as may be agreed upon
by the Authority. It shall be the duty of the Board to use such property for the purpose
for which it is assigned or entrusted.

[Mumbai Building Repairs and Reconstruction Cess]

82. Levy and collection of [Mumbai Building Repairs and Reconstruction Cess.] -
(1) For the purpose of this Chapter but subject to the provisions of section 83, there
shall be levied and paid to the State Government, from such date as may be appointed
by the State Government, by notification in the Official Gazette, a tax on lands and
buildings called the [Mumbai Building Repairs and Reconstruction Cess] (in this Chapter
referred to as "the cess"), at the rate of so many percentum of the rateable value of the
concerned building or land or part thereof as its provided therefor under the Second
Schedule to this Act.
[*********]
(2) Subject to the provisions of this Chapter, the cess shall be collected by the [Mumbai
Corporation] in the same manner in which the property tax is collected under the
[Mumbai Municipal Corporation Act] (hereinafter in this Chapter referred to as "the
Corporation Act").
(3) The Municipal Commissioner shall recover the amount of the cess levied under sub-
section (1) by an addition to the general tax levied and collected under the Corporation
Act. Every addition to the general tax made under this section shall be recovered by the
Municipal Commissioner form each person liable therefore in the same manner as the
general tax due from him. The. Municipal Commissioner may, in respect of the cess
due, prepare separate bill for such period or periods and in such form or forms and
serve them in such manner as he may determine. Where the cess is primarily leviable
from the owner, the instalment of the cess due for any half year shall be recoverable
from him in arrears with the instalment of the general tax due from the next half year,
and where such owner is not able to recover any amount of increase in the rent from
any occupier as permitted under sub-section (4) of this section, he shall, subject to the
provisions of sub-sections (5) and (6), be entitled to withhold payment of that amount till
it is recovered from the occupier. The provisions of sections 147 and 148 of the
Corporation Act, shall apply to the cess, as if it were part of the general tax levied under
that Act.
(4) Where an owner is required to pay to the [Mumbai Corporation] in respect of any
land or building the cess levied under this section, the share of the owner shall be 10
per cent. of the rateable value of the land or building, and he shall be entitled to recover
the remaining amount of the cess levied by making a proportionate increase in the rent
of the various premises in the building, in the same manner as if there was an increase
in the general tax; and such increase in rent shall not be deemed to be an increase for
the purposes of section 7 of the Rent Act, or for the purposes of the Corporation Act.
Where the rent of any premises in a building is payable by the month, if such rent or
increases are in arrears for a period of six months or more, the owner shall be entitled
to the recovery of possession of the premises under section 12 of the Rent Act.
(5) If the owner -

(a) fails to pay to the [Mumbai Corporation] his share of the cess; or

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

(c) does not within a reasonable time institute a suit, for recovery of possession of the
premises, or report to the Municipal Commissioner the name of the occupier, the
premises in his possession and the amount of the cess due from him, as and when any
occupier is in arrears for payment of the portion of the cess due from him for a period of
six months or more,

the Municipal Commissioner shall be entitled to recover from the owner the owner's or
occupier's share of the cess, or both, as the case may be, in the same manner in which
the arrears of property tax are recovered under the provision of the Corporation Act,
[and shall also be entitled to impose a penalty as provided in section 207A of the
Corporation Act, not exceeding fifteen per centum of the amount of cess due from the
owner or occupier,]
Explanation. - For the purposes of this sub-section "reasonable time" means a period of
three months from the date when any occupier is in arrears for a period of six months in
payment of the portion of the cess payable by him to the owner under sub-section (4).
(6) On receipt of a report from the owner under the last preceding sub-section or
otherwise, when any occupier is in arrear in payment of the portion of the cess due from
him, the Municipal Commissioner may recover from the occupier the due amount
(whether it has remained due for less than one year or more) as if it were an arrear of
tax due under the Corporation Act.
(7) Whether the Municipal Commissioner has under section 175 of the Corporation Act
refunded two-thirds of the amount of general tax paid in respect of any property or part
thereof for any period, the Municipal Commissioner shall, under intimation to the Board,
also refund two-thirds of the amount of cess if paid in respect of that property or part
thereof for the same period and if the cess is not paid reduce the demand for cess to
one-third of the amount of cess payable for that, period.
(8) Notwithstanding anything contained in any law and notwithstanding any rights
arising out of any contract or otherwise howsoever, any sum due as cess in respect of
any land or building shall, subject to prior payment of the land revenue and the
education cess and penalty levied under the Maharashtra Education and Employment
Guarantee (Cess) Act, 1962 (if any) thereon, due to the State Government, be a first
charge,-

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

(b) in the case of any other land or building, upon such land or building, and upon the
goods and other moveable property, if any found within or upon such land or building
and belonging to the person liable to pay the cess.

83. Exemption of certain buildings and lands from payment of cess. - (1) The
following lands and buildings shall be exempt from payment of the cess, that is to say,-

(a) lands and buildings vesting in, or leased to, the Central Government;

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

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

(d) lands and buildings vesting in, or leased to, the Authority;

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

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

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

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

(i) buildings exclusively in the occupation of the owner;

(j) buildings exclusively used for non-residential purposes;

(k) residential buildings exclusively occupied on leave and licence basis;

(l) buildings occupied or used partly for one and partly for any other purpose or
purposes specified in clause (i), (j) or (k) :

Provided that no part or parts, thereof is or are occupied or used for any purpose not
specified in any of the said clauses;

(m) all open lands which are not built upon;

(n) buildings erected or which may be erected in an area, after the date on which the
Bombay Building Repairs and Reconstruction Board Act, 1969, came into force in such
area;

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

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

Mumbai Corporation];

(2) [* * *]
Explanation. - In this section "building" means building as a whole and not any part
thereof or premises therein taken separately.
84. Assessment book maintained under Corporation Act to contain entries
showing categories to which buildings liable to cess belong and other
particulars. - (1) For the purpose of assessing the amount of cess leviable under this
Chapter, the Municipal Commissioner shall, in a Schedule appended to the assessment
book maintained by him under section 156 of the Corporation Act (which shall be
deemed to be a part of such assessment book) cause additional entries to be made
showing the Category to which every property on which the cess is leviable belongs and
such other particulars as he deems necessary.
Where a building is erected before the 1st day of September 1940, the building shall be
classified as belonging to Category A.
Where a building is erected between the period from the 1st day of September 1940 to
31st day of December 1950 (both inclusive), the building shall be classified as
belonging to Category B.
Where a building comprised in any property is erected between the period from the 1st
day of January, 1951, to the day immediately preceding the date on which the
provisions of the Bombay Building Repairs and Reconstruction Board Act, 1969 are
brought into force in the area in which the building is situated, the building shall be
classified as belonging to Category. C.
Where a floor or any part of a building is constructed subsequently, the date of
construction, area and other description of such floor or part shall be shown separately.
(2) Where additional entries regarding any land or building in existence in any area on
the date on which this Chapter comes into force are made for the first time, the
Municipal Commissioner shall give individual notice thereof to the person primarily liable
for the payment of the property taxes in the manner laid down in sections 483 to 485-A
(both inclusive) of the Corporation Act and also public notice thereof in the manner laid
down in section 160 of that Act and of the place where the word assessment book so
amended, or a copy of it, may be inspected. When the first public notice is given, and
whenever any such notice is given subsequently under the said section 160, the
provisions of sections 161, 162, 163, 164 and 165 as modified for the purpose of this
Chapter by sub-section (3) of this section, and of sections 166 and 167 of the
Corporation Act shall, so far as may be, apply to such additional entries as they apply to
the entry showing the amount of rateable value only other entries relating to any
property entered in the assessment book, of which notice is given by the Municipal
Commissioner.
(3) In applying the provisions of sub-section (1) of section 165 of the Corporation Act,
for the purposes of sub-section (2) of this section, for the words "the Commissioner" the
words and figures "the Commissioner in consultation with an Engineer of the
Corporation and an Engineer of the Authority established under the Maharashtra
Housing and Area Development Act, 1976", shall be deemed to be substituted.
[85.Mumbai Corporation to credit cess amount to Government. - Within a period of
fifteen days from the date of recovery of the cess, the amount so recovered shall, after
deducting therefrom the amount equal to five per cent of the amount of cess recovered
by it, be paid by the Mumbai Corporation to the State Government.]
86. Mumbai Building Repairs and Reconstruction Fund. - (1) The proceeds of the
cess collected and paid to the State Government by the Bombay Corporation in
pursuance of the provisions of the last preceding section shall first be credited to the
Consolidated Fund of the State; and, after deducting the rebate payable to the [Mumbai
Corporation] for the cost of collection, the remaining amount shall, under appropriation
duly made by law in this behalf, be transferred to the fund of the Authority. There shall,
however, be created a separate fund called [the Mumbai Building Repairs and
Reconstruction Fund] (in this Chapter referred to as "the Repairs Fund") and the
amount so transferred to the fund of the Authority shall be withdrawn therefrom and
transferred to such Repairs Fund.
(2) The amount transferred to the Repairs Fund under sub-section (1) shall be charged
on the Consolidated Fund of the State.
(3) The amount in the Repairs Fund shall be placed by the Authority at the disposal of
the Board for being expended for the purposes of this Chapter. The State Government
may make rules regulating all matters connected with the Repairs Fund, including the
manner in which that Fund shall be maintained, operated and expended.
87. Default of [Mumbai Corporation] in collecting or paying cess. - (1) If the
[Mumbai Corporation] makes default in the collection or payment to the State
Government of any sums due in respect of the cess, the State Government may, after
holding such inquiry as it thinks fit, fix a period of the collection or payment of such sum.
(2) If the collection or payment of the sum is not made within the period so fixed, the
State Government may, notwithstanding anything contained in any law relating to the
funds vesting in the [Mumbai Corporation] or any other law for the time being in force,
direct any bank in which any moneys of the [Mumbai Corporation] are deposited or the
person in charge of the Government Treasury or of any other place of security in which
the moneys of the [Mumbai Corporation] are deposited to pay such sum from such
moneys as may be standing to the credit of the [Mumbai Corporation] in such bank or,
as the case may be, in the hands of such person or as may from time to time be
received from or on behalf of the [Mumbai Corporation] by way of deposit by such bank
or person; and such bank or person shall be bound to obey such order.
(3) Every payment made pursuant to an order under sub-section (2) shall be a sufficient
discharge to such bank or person from all liability to the [Mumbai Corporation] in respect
of any sums so paid by it or him out of the moneys of the [Mumbai Corporation] so
deposited with such bank or person.

Structural Repairs

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

condition and likely to deteriorate and fall. - (1) Subject to the other provisions of this
Chapter, where the Board on consideration of the information given by the Municipal
Commissioner, or a report of its officer authorised for the purpose, or other information
in its possession, is satisfied that any building, which is occupied by persons, is in such
a ruinous or dangerous condition, that it is imminently likely to fall unless structural
repairs which will render it fit and safe for habitation, are urgently done, then in such
cases, the Board shall, subject to the provisions of sub-section (3), undertake such
repairs to that building.
(2) The Board may prepare a list of such buildings setting out the order of priority or
urgency in respect of which structural repairs are necessary, and may undertake
simultaneously or in such order of priority the structural repairs according to the
exigencies of the case and its resources.
[(3) If the Board is of opinion that-]
(a) the cost of structural repairs to [a building, per square metre, will exceed such
amount, as may be specified by the State Government, by notification in the Official
Gazette, to be the structural repairs cost per square metre], or

(b) the cost of structural repairs to [a building, per square metre, will exceed the amount
specified under clause (a)], but the size of the land on which such building is standing is
such that for some reason or the other it would not be possible or economical to erect
any new building thereon and there is an adjoining building but the cost of structural
repairs to [such building, per square metre, does not exceed the amount specified under
clause (a)].

then in cases falling under clause (a) or clause (b) the Board, notwithstanding anything
contained in this Chapter, may not consider such building or buildings for repairs and
may issue a certificate to that effect to the owner or owners thereof, as the case may
be, fix a copy of the relevant certificate in some conspicuous part of the building or
buildings for the information of the occupiers and proceed to take action as provided in
this Chapter:
Provided that, in cases of special hardship, the Board may, on such terms and
conditions as it may deem fit to impose, consider a building for structural repairs even if
the cost of such repairs is likely to exceed the limit aforesaid:
Provided further that, where in any case the occupiers of a building undertake that they
shall bear the cost of such repairs which. are in excess of [the amount specified under
clause (a)] and abide by such terms and conditions for payment of the excess cost to
the Board as it may think fit to impose, the Board may carry out structural repairs to
such building.
(4) The Municipal Commissioner shall, from time to time, send to the Board, full
particulars of the buildings which are in a ruinous or dangerous condition and the
condition of which is such that they are likely to fall if structural repairs are not urgently
undertaken or in respect of which he has served notice under section 354 of the
Corporation Act, but the same have not been complied with.
89. Procedure before undertaking structural repairs. - (1) Where the Board is
satisfied under section 88 that structural repairs are necessary to a building, the Board
shall give the owner thereof a notice of not less than fifteen days, informing that the
Board intends to carry out such repairs on and from a date specified in the notice, being
a date which shall be after the expiry of the period specified in the notice, and asking
him to submit objections or suggestions, if any, thereto before the time specified in the
notice.
(2) The notice shall also require the owner to furnish to the Board a statement in writing
signed by the owner stating therein the names of all occupiers of the building known to
him from his record, the approximate area and location of the premises in occupation of
each occupier and the rent, compensation or amount (including permitted increases, if
any), charged therefor.
(3) A copy of such notice shall also be affixed in conspicuous part of the building to
which it relates and also published by proclamation or near such building accompanied
by a beat of drum for the information of the occupiers thereof and for giving them an
opportunity to submit objections or suggestions, if any.
(4) On such affixation and publication of the notice, the owner, occupiers and all other
persons interested in such building shall be deemed to have been duly informed of the
matters and contents stated in the notice.
(5) After considering the objections and suggestions received within the time aforesaid,
the Board may decide to carry the repairs with or without modification or may postpone
the repairs for a certain period, or may cancel the intention to repair.
(6) Where the Board has reason to believe that the building is immediately dangerous
for habitation, the notice may be returnable within 24 hours from the service thereof.
(7) The Board may, before giving any such notice or before the period of any such
notice has expired, take such temporary measures as it thinks fit to prevent danger to,
or from, the said buildings.
(8) Any owner who refuses to furnish a statement as required by sub-section (1) or
intentionally furnishes a statement which is false in any material particular shall, on
conviction, be punished with fine which may extend to one thousand rupees.
90. Temporary accommodation pending structural repairs. - (1) Where the Board,
before undertaking structural repairs to any building is of the opinion that all or any of
the occupiers thereof should temporarily vacate their premises till the repairs are
completed, the Board shall give them notice to vacate by a date or dates specified in the
notice, and allot temporary accommodation to such occupiers in any buildings
maintained by the Authority for such purpose, at such places and to such extent as it
deems fit.
(2) Such temporary accommodation may not be in the same locality or of the same floor
area as the premises vacated by the occupiers.
(3) If any occupier fails to accept and occupy the accommodation allotted to him within
one month from the date of allotment, the responsibility of the Board to provide him with
any accommodation shall cease.
(4) Subject to the next succeeding sub-sections, such occupier shall, however, have a
right to reoccupy his premises in the building after it is repaired.
(5) The use and occupation of the temporary accommodation allotted to an occupier
shall be free of charge, but shall be subject to [the payment of such service charges]
and such other terms and conditions as the Board may from time to time determine.
(6) The occupier shall, on accepting the accommodation allotted to him, continue to pay
the owner the rent (including permitted increase, if any) in respect of the premises
vacated by the occupier.
(7) Where an occupier does not accept the accommodation allotted by the Board, such
occupier shall, nevertheless tie liable to continue pay to the owner the rent (including
permitted increase, if any), of the premises vacated by him, unless by giving proper
notice to the owner, he surrenders his tenancy or other right.
(8) The occupier, whether he accepts the accommodation or makes his own
arrangement, shall also be liable, until his tenancy continues, to pay to the owner his
proportionate contribution for the cess as if he had not temporarily vacated the premises
and shall be liable for all the consequences if he fails so to pay.
(9) Where an occupier does not vacate his premises, the Board may take or cause to be
taken such steps and use or cause to be used such force as may be reasonably
necessary for the purpose of getting the premises vacated.
(10) The Board may, after giving fifteen clear days' notice to the occupiers who were
required to vacate the premises under sub-section (9) and affixing a copy thereof on or
near the premises, in some conspicuous place, remove or cause to be removed or
dispose of by public auction any property remaining in such premises.
(11) Where the property is sold under sub-section (10), the sale proceeds shall, after
deducting the expenses of sale, be paid to such person or persons as may be entitled to
the same :
Provided that, where the Board is unable to decide as to the person or persons to whom
the balance of the amount is payable or as to the apportionment of the same, it shall
refer such dispute to a civil court of competent jurisdiction, and the decision of the court
shall be final.
(12) Where the work of carrying out structural repairs to any building is nearing
completion or is completed, the Board shall give notice to the occupiers concerned by
affixing it in some conspicuous part of the building and by sending it by post to the
address which may have been registered with the Board by any occupier and in such
other manner as may be laid down in the regulations, that the building is likely to be or
ready for re-occupation from a date specified in the notice and that the occupiers should
re-occupy their respective premises in such building within a period of one month from
such date.
(13) If an occupier fails to re-occupy his premises within such period of one month, his
tenancy or other right in respect of such premises shall, notwithstanding anything
contained in any contract or in the Rent Act or any other law for the time being in force,
be deemed to be terminated, and the owner shall be entitled to possession thereof.
(14) If such occupier has accepted any temporary accommodation allotted to him under
this section he shall vacate the same forthwith, and if he does not vacate forthwith or
within such time as the Board may permit in writing, he shall be liable to be evicted
therefrom under the provisions of Chapter VI of this Act as if such person was in an
unauthorised occupation of the Authority premises.
91. Repairs or reconstruction of buildings which suddenly collapse or become
uninhabitable. - (1) Where a building suddenly collapses or becomes uninhabitable
due to fire, torrential rain or tempest or otherwise and all or any of the occupiers thereof
are dishoused, the Board shall allot temporary accommodation to such occupiers in any
building maintained by the Authority for such purpose at such places and to such extent
as it deems fit, and the provisions of the last preceding section shall mutatis mutandis
apply as they apply in relation to occupiers of buildings which are undertaken to be
structurally repaired.
(2) In the case of any such building, if the Board is of the opinion that the building is
capable of being repaired and rendered fit for habitation at reasonable expense, the
Board shall immediately undertake the necessary repairs and the last preceding section
and other provisions of this Chapter shall apply mutatis mutandis to such repairs as they
apply to structural repairs.
(3) Where the whole building collapses or is rendered uninhabitable, or the Board is of
the opinion that the building is not capable of being repaired and rendered fit for
habitation at reasonable expense, the Board may move the State Government to
acquire the property under the provisions of this Chapter and take necessary further
action to construct a new building on the site to accommodate the dishoused occupiers
and to provide accommodation for other purposes specified in sub-section (2) of section
92.
(4) The provisions of succeeding section shall apply mutatis mutandis to the acquisition,
reconstruction and rehabilitation of occupiers of such buildings.
(5) Where the whole building collapses or is rendered uninhabitable, and is, therefore,
not capable of being repaired and rendered fit for habitation and the property is not
acquired under sub-section (3), then, no plan for erecting any new building on land on
which such building was standing shall be sanctioned by the [Mumbai Corporation]
unless a no objection certificate from the Board has been produced along with such
plan for erecting such building.
92. Submission of proposal for acquisition. - (1) If in respect of any building the
Board has issued a certificate under subsection (3) of section 88 or the Municipal
Commissioner has under section 354 of the Corporation Act, issued a written notice
requiring the owner or occupier thereof to pull down the building, with a view to
preventing all cause of danger therefrom, and the Board is of the opinion that such
building is not capable of being repaired or rendered fit for habitation at reasonable
expense and is dangerous or injurious to the health or safety of the inhabitants thereof
or, where the Bombay Corporation has under section 354R of the Corporation Act
passed a resolution declaring the area in which any such building is situated as the
clearance area, the Board may submit to the State Government a proposal to acquire
the land, including a proposal for issue of a clearance and compulsory acquisition order
to clear and acquire the land with the existing building in whatever condition thereon
and for constructing a new building on the same site, and simultaneously prepare plans
and estimates for these purposes.
(2) in preparing the plans and estimates of the building to be reconstructed, it shall be
the duty of the Board to see that all the occupiers in the building proposed to be
demolished shall, as far as practicable, be provided in the reconstructed building
accommodation with a floor area equivalent to their floor area in the old building [***]
[Provided that, in the case of an occupier of a residential tenement the floor area of the
accommodation in the reconstructed building, shall not be less than the 20.90 square
metres and more than the 70 square metres.]
(3) Those dishoused occupiers who cannot be so accommodated in the reconstructed
building shall be provided with alternative accommodation in any building maintained by
the Authority for such purpose or in any new building constructed by the Authority
wherein surplus accommodation is available.
(4) After making provision for the matters aforesaid, if there is any surplus area in the
new building, it may be utilised by the Board for such other purposes as it deems fit,
with a view to reducing the incidence of [instalments towards the price of the tenements]
on the occupiers of residential tenements by maximum exploitation of such surplus area
for other purposes.
(5) If in respect of any building, -

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

(b) the Municipal Commissioner issues under the said section 354 of the Corporation
Act a written notice within nine months from the date on which the provisions of this
Chapter are brought into force in the area in which such building is situated requiring the
owner of occupier thereof to pull down the building, with a view to preventing all cause
of danger therefrom, and such notice is not complied with (except for reasons beyond
his control) before the date specified in such notice, the Board may, notwithstanding
anything contained in sub-section (1), move the State Government to acquire the
property under this Chapter immediately and take necessary further steps for
demolishing the building, clearing the site and constructing a new building on the same
site. The provisions of this Chapter shall apply mutatis mutandis to the acquisition,
reconstruction and rehabilitation of occupiers of such building as they apply to any other
building except that the occupiers of such building shall as far as practicable, be
accommodated in the reconstructed building or any other building maintained by the
Authority, subject to such terms and conditions as the Board may, with the previous
sanction of the Authority, specify.

93. Clearance and compulsory acquisition. - (1) Notwithstanding anything contained

in the Corporation Act, if on receipt of an acquisition proposal under section 92, the
State Government is satisfied about the reasonableness of the proposal and of the
resources available with the Board for constructing a new budding, it may approve the
proposal and communicate its approval to the Board.
(2) On receipt of the Government approval, the Board shall forward the acquisition
proposal to the Land Acquisition Officer for initiating land acquisition proceedings.
(3) On receipt of the acquisition proposal from the Board, the Land Acquisition Officer
shall publish simultaneously in the Official Gazette, and in at least four newspapers
circulating within [Brihan Mumbai] a notice stating the fact of such proposal having been
made by the Board and approved by the Government and alternative accommodation
proposed to be provided to the occupiers affected by the proposal and the time before
which the building must be vacated.
(4) The Land Acquisition Officer shall serve the notice referred to in subsection (3) on
the occupiers and owner of the building and, so far as it is reasonably practicable to
ascertain such persons, on every mortgagee of the building, and call upon them to
submit objections and suggestions, if any, why the land should not be acquired, so as to
reach him on or before a date specified in the notice.
(5) On considering the objections and suggestions and on giving a reasonable
opportunity of being heard to the persons affected by the proposal, the Land Acquisition
Officer may sanction the proposals with or without any modification (the modifications
being approved by the Board) and shall publish a notification in the Official Gazette
fixing a date on which the proposal as approved shall become operative and the land
specified therein, shall, on and from the date of such publication, vest absolutely in the
Board on behalf of the Authority free from all encumbrances.
(6) The notification published under sub-section (5) shall be sufficient authority for the
Collector to give notice to the person in possession of the land to surrender or deliver
possession thereof within a specified period and on his refusal or failure to do so to take
possession of the land and for that purpose to use such force as may be necessary,
and to hand over possession thereof to the Board, and for the Board to take further
action to get the building vacated in accordance with the next succeeding sub-sections.
No person interested in the land shall have any right to object to taking such possession
or to vacating of the building merely on the ground that the amount of acquisition has
not been fixed or paid.
(7) After the proposal becomes operative, the occupiers of the building shall vacate their
promises within the time allowed for that purpose under the proposal.
(8) After expiry of the time referred to in sub-section (7), the Board shall, for the purpose
of vacating the building or such part thereof, as has remained occupied take or cause to
be taken such steps and use or cause to be used such force as may in the opinion of
the Board be reasonably necessary therefor.
(9) The Board may, after giving seven clear days' notice to the persons evicted under
sub-section (8), remove or cause to be removed or dispose of by public auction any
property remaining in such building.
(10) Where the property is sold under sub-section (9), the sale proceeds shall, after
deducting the expenses of sale be paid to such person or persons as may appear to the
Board to be entitled to the same:
Provided that, where the Board is unable to decide as to the person or persons to whom
the balance of the amount is payable or as to the apportionment of the same, it shall
refer such dispute to a civil court of competent jurisdiction, and the decision of the court
shall be final.
(11) After the building is completely vacated, the Board shall proceed to construct a new
building on the site according to the proposal.
94. Temporary and alternative accommodation to affected occupiers where
property is acquired. - (1) Where the Board requires the occupiers of any building to
vacate their premises to enable it to construct a new building on the land acquired under
this Chapter, the Board shall allot temporary accommodation to such occupiers in any
building maintained by it for such purpose, at such places and to such extent as it
deems fit. The accommodation may not be in the same locality or of the same floor area
as the premises vacated by the occupiers.
(2) If any occupier fails to accept and occupy the accommodation allotted to him within
one month from the date of allotment, the responsibility of the Board to provide him with
any temporary accommodation shall cease.
(3) Every occupier shall, with effect from the date on which the land vests in the
Authority, until he vacates the premises pay the rent of such premises to the Board at
the same rate at which he was paying it (including the permitted increases, if any) to the
owner.
(4) Where the temporary accommodation allotted to any occupier is accepted by him,
he shall pay to the Board on behalf of the Authority rent for such accommodation at
such rate as the Board may fix in this behalf.
[(5) Subject to the provisions of this section, every occupier whether or not he accepts
temporary accommodation, shall have a right to get such accommodation in the new
building free of cost. Occupiers of the new building shall be required to form a co-
operative housing society under the Maharashtra Co-operative Societies Act, 1960. The
ownership of the new building shall then be transferred by the Board in the name of
such co-operative housing society of the occupiers.
(6) If any occupier of a new building, after accepting and occupying the accommodation
allotted to him, fails to become a member of the co-operative housing society formed by
the occupiers of such building within a period of three months from the date of allotment
or the date specified by the Board, the right of such occupier to get such
accommodation shall stand forfeited and the occupier, who is occupying the new
accommodation, shall be liable for eviction and the responsibility of the Board to provide
him any accommodation shall cease.]
95. Temporary and alternative accommodation to certain affected occupiers
where property is not to be acquired. - If, for any reason in respect of any building the
Board decide not to move the State Government to acquire the property under sub-
section (3) of section 91 or under section 92 or the State Government decides not to
approve the proposal under subsection (1) of section 93 and all or any of the occupiers
of any such buildings are dishoused or required to vacate their premises, the Board
may, where possible, allot temporary and alternative accommodation to such occupiers
in any building maintained by Authority at such place and to such extent as it deems fit,
in accordance with the provisions of the last preceding section, so far as they may be
applicable
Provided that, in the case of temporary accommodation, such occupiers shall be
required to pay to the Board on behalf of the Authority rent [including service charges, if
any,] for such accommodation from the date the Board decides not to move the State
Government to acquire the property or the State Government decides not to approve
the proposal or from the date of occupation of the allotted accommodation, whichever is
later.
[95A. Summary eviction of occupiers in certain cases. - Where the owner of a
building or the members of the proposed co-operative housing society of the occupiers
of the said building, submits a proposal to the Board for reconstruction of the building,
after obtaining the written consent of not less than 70 per cent of the total occupiers of
that building and a No Objection Certificate for such reconstruction of the building is
issued by the Board to the owner or to the proposed co-operative housing society of the
occupiers, as the case may be, then it shall be binding on all the occupiers to vacate the
premises:
Provided that, it shall be incumbent upon the holder of such No Objection Certificate to
make available to all the occupants of such building alternate temporary
accommodation.
(2) On refusal by any of the occupant to vacate the premises as provided in sub-section
(1), on being approached by the holder of such No Objection Certificate for eviction of
such occupiers, it would be competent for the Board, notwithstanding anything
contained in Chapters VI and VII of this Act, to effect summary eviction of such
occupiers.
(3) Any person occupying any premises, land, building or structure of the Board
unauthorisely or without specific written permission of the Board in this behalf shall, not
withstanding anything contained in Chapters VI and VII of this Act, be liable for
summary eviction.
(4) Any person who refuses to vacate such premises or obstructs such eviction shall, on
conviction, be punishable with imprisonment for a term which may extend to one year or
with fine which may extend to five thousand rupees, or with both.]
96. Amount of acquisition. - On publication of the notification under sub-section (5) of
section 93, the Land Acquisition Officer shall determine the amount of acquisition in
accordance with the provisions of Chapter V.
[97.Contribution by State Government, Mumbai Corporation and Authority. - (1)
The State Government shall, under appropriation duly made by law in this behalf, pay
an annual contribution to the Authority equal to the amount of cess recovered during
that year, and the Mumbai Corporation shall pay the annual contribution of rupees ten
crores to the Authority.
(2) The Authority from its own funds shall pay an annual contribution of rupees ten
crores to the Board for the purpose of reconstruction of the buildings.]
98. Disposal of moneys received by the Board. - The moneys placed at the disposal
of the Board by the Authority under this Chapter shall be applied for the purposes of this
Chapter.
99. Assistance from [Mumbai Corporation] - (1) The [Mumbai Corporation] shall
render such help and assistance, and furnish such information to the Board as the
Board may from time to time, require for carrying out its duties and functions, and shall
make available to the Board for inspection and examinations such records, maps, plans,
and other documents as may be necessary for the performance and discharge of its
duties and functions.
(2) The [Mumbai Corporation] shall, on demand, make available copies of assessment
rolls and other relevant documents in connection with assessment of its taxes. Such
copies shall be duly certified by an officer of the [Mumbai Corporation] as may be
authorised in this behalf.
100. Relaxation or modification of certain provisions of Corporation Act or
Regional and Town Planning Act, in case of Board's reconstruction proposal. -
Notwithstanding anything contained in the provisions of the Corporation Act or the Town
Planning Act, or any rules, bye-laws, regulations, plans, scheme, notifications,
directions or orders made or issued or deemed to be made or issued under any of those
Acts, the State Government may, having regard to the necessity of providing alternative
accommodation to occupiers, who have been, or are likely to be, dishoused on account
of any reconstruction proposal or proposals undertaken by the Board under this
Chapter, after consultation with the [Mumbai Corporation,] by general or special order,
relax all or any of the provisions aforesaid in the case of any such proposal or class of
proposals, or may by like order direct that any such provisions shall apply to any such
proposal or class of proposals, subject to such modifications or conditions as it may
specify in the order.
101. Procedure for giving notice and obtaining permission for building to be
repaired or reconstructed by Board. - (1) If in respect of any building to be repaired or
reconstructed by the Board, any notice is required to be given or any application is to be
made and the approval, sanction, consent or permission otherwise of that Municipal
Commissioner or any other authority is required to be obtained under any of the
provisions mentioned in the last preceding section, the necessary permission shall be
deemed to have been obtained by the Board if the Board gives a reasonable notice of
the proposed work to the Municipal Commissioner or other authority concerned before
the work is commenced.
(2) Such notice shall be accompanied by plans and other relevant documents and
information.
(3) After receipt of such notice and after making such inquiry as may be deemed
necessary, the Municipal Commissioner or other authority may, within a period of thirty
days, submit to the State Government a statement in writing of any objections or
suggestions which he or it may deem fit to make with reference to the proposed work.
(4) Every objection or suggestion so submitted shall be considered by the State
Government, which shall, after such investigation (if any) as it shall think advisable pass
orders thereon, and the work shall be carried out in accordance with such orders,
102. Saving of powers of other authorities and persons to carry out repairs and
reimbursement of cost for structural repairs in certain cases. - (1) Nothing in this
Chapter shall affect the powers of the Municipal Commissioner or any other authority or
the rights or liabilities of any persons (including the owner or any occupier) to carry out
any repairs to any building, or to execute any works thereon or to take any other action
in respect of such building authorised under sections 257, 354, 377A, 381, 489 or 499
or any other provisions of the Corporation Act, or under section 10D or 10E or any other
provisions of the Rent Act, or under the provision of any other law for the time being in
force, in so far as the said repairs, works or action does not require any structural
repairs; and in so far as they do require structural repairs, until such repairs undertaken
by the Board:
Provided that, if any occupier of a building seeks the approval of the Municipal
Commissioner under section 499 of the Corporation Act, for carrying out structural
repairs in respect of any such building, such approval may be given by the Municipal
Commissioner only after consultation with the Board, but the occupier shall not be
entitled to recover from the owner under the said section 499 the expenses incurred by
him on any such structural repairs.
Provided further that, during the period this Chapter is in force, the provisions of
sections 10D and 10E of the Rent Act, shall not apply to any building, in so far as they
relate to buildings undertaken or proposal to be undertaken by the Board for structural
repairs.
(2) If while carrying out any repairs, or executing any works or taking any action referred
to in sub-section (1), it becomes necessary for the Municipal Commissioner or any other
authority or any person to carry out structural repairs also, and the Municipal
Commissioner or such authority or person desire that the cost of the structural repairs
should be paid by the Board, the Municipal Commissioner or such authority or person,
as the case may be, shall obtain the previous sanction of the Board for such repairs.
The Board may give such sanction on such terms and conditions as it may deem fit to
impose, having regard to the priority, if any, assigned to the building under subsection
(2) of section 88 and availability of resources; or may not agree to give such sanction.
(3) Where sanction is given under sub-section (2), it shall be lawful for the Board to pay
the cost of the structural repairs actually carried out in lumpsum or by instalments or
according to the progress of the work from time to time as it may deem fit.
(4) When the Board pays the cost of the structural repairs in full, or when a period of
three months elapses after the Board has paid not less than seventy-five per cent of
such cost, whichever is earlier, the building shall be deemed to be structurally repaired
by the Board under this Chapter.
103. Revival of owner's duty to carry out tenantable repairs. - On and after the
appointed day, the provisions of section 23 of the Rent Act shall cease to be
suspended, shall stand revived and shall be enforced and have full effect again.
Accordingly, notwithstanding anything contained in this Chapter, the owner of every
building shall be bound to keep the premises let to any occupier in good and tenantable
repair as required by section 23 of the Rent Act.

[CHAPTER VIII-A]

Acquisition of Cessed Properties for Co-operative Societies of Occupiers

103A. Application of Chapter VIII-A to certain buildings. - This Chapter shall come
into force on and from the commencement of the Maharashtra Housing and Area
Development (Second Amendment) Act, 1986, and shall apply to all the cessed
buildings which are erected before the 1st day of September 1940 and are classified as
belonging to Category A under sub-section (1) of section 84:
[Provided that, nothing in this Chapter shall apply to any cessed building belonging to
Category A if, on the date of commencement of the Maharashtra Housing and Area
Development (Second Amendment) Act, 1986, out of the total number of occupiers of
such building, fifty per cent, or more occupiers are using the tenements or premises in
their possession for commercial or non-residential purpose.]
Explanation. - For the purposes of this section, any such building where a floor or any
part of a building is constructed subsequently and such floor or part is not separable,
shall be deemed to be a building belonging to Category A.
103B. Acquisition of cessed property for co-operative societies of occupiers. - (1)
Notwithstanding anything contained in any of the provisions of Chapter VIII or any other
law for the time being in force or in any agreement, contracts judgement, decree or
order of any Court or Tribunal to the contrary, a co-operative society formed or
proposed to be formed under the provisions of the Maharashtra Ca-operative Societies
Act, 1960, by not less than seventy per cent of the occupiers in a cessed building may
by written application request the Board to move the State Government to acquire the
land together with the existing building thereon [or where the owner of the building does
not own the land underneath or appurtenant to such building but holds it as a lessee or
licensee, or where any person holds the building or the land underneath or appurtenant
to such building or both under a lease or licence, then to acquire the right or interest of
such owner or person in or over such building or land or both as lessee or licensee
together with the existing building thereon] (hereinafter in this Chapter referred to as
"the land") in the interest of its better preservation or for reconstruction of a new building
in lieu of the old one and intimate their willingness to pay the amount of such acquisition
as may be determined under the provisions of this Chapter and to carry out the
necessary structural and other repairs or, wherever necessary, to reconstruct a new
building, as the case may be, at their own cost.
[Explanation I. - In this section the expression "seventy per cent, of the occupiers"
means the seventy per cent of the occupiers on the date of commencement of the
Maharashtra Housing and Area Development (Second Amendment) Act, 1986, and
include their successors-in interest or new tenants inducted in place of such occupiers,
but does not include the owner or the occupiers inducted by virtue of creation of any
additional tenancies or licences by the owner after the date of commencement of the
aforesaid Act.
Explanation II.- For the purposes of this sub-section, any suit or proceeding for recovery
or possession of tenement or premises or part thereof, initiated against the occupier in
any court or before any authority whether, before or after making an application under
this sub-section, shall not affect the right of such occupier to join or to continue as a
member of the co-operative society of the occupiers of the building, but his membership
of such co-operative society shall be subject to the final decision in such suit or
proceeding :
Provided that, if, in the meantime before the final decision in such suit or proceeding,
the acquisition proceedings under this Chapter are completed and the land is conveyed
to the Co-operative society of the occupiers, under sub-section (7), the claim for
possession made in such suit or proceeding, at any stage where it is pending on the
date of execution of such conveyance, shall abate.]
(2) On receipt of the application made under sub-section (1), the Board shall after due
verification and scrutiny, approve the proposal if it considers that it is in the interest of
better preservation of the building or to be necessary for reconstruction of a new
building and shall direct the co-operative society, whether registered or proposed, to
deposit with the Board within the period specified by it in that behalf thirty per cent of the
approximate amount that would be required to be paid to the owner if the land is
acquired and give intimation in that behalf to the owner.
[(2A) Where after the date of application made under sub-section (1),-

(a) any owner has undertaken the work of any repairs to the building; or

(b) the percentage of the occupiers who had initially agreed to become members of the
co-operative society formed under sub-section (1) is reduced to less than seventy per
cent of the occupiers as a result of some members opting out, or due to the number of
additional tenancies or licences created in the building thereafter or due to any other
reason whatsoever,

then the power of Board to approve the proposal shall not be affected, and
notwithstanding anything contained in sub-section (1), the Board shall approve the
proposal and direct the co-operative society to deposit the approximate amount as
required under sub-section (2).]
(3) On receipt of the amount of deposit as provided in sub-section (2), the Board shall
submit to the State Government a proposal to acquire the land for the aforesaid
purpose.
(4) If on receipt of an acquisition proposal under sub-section (3), the State Government
is satisfied about the reasonableness of the proposal, it may approve the proposal and
communicate its approval to the Board.
(5) On receipt of the Government approval, the Board shall forward acquisition proposal
to Land Acquisition Officer for initiating and acquisition proceedings in accordance with
the provisions of sub-sections (3), (4) and (5) of section 93 and section 96 of this Act:
Provided that, where any proceedings for acquisition of land are so initiated the notice
to be published under sub-section (3) of section 93 in respect thereof reed not contain
any statement regarding provision of any alternative accommodation to occupiers in
such land
[Provided further that, where the proposal involves acquisition of the right or interest of
the lessee or licencee in or over the building or land as referred to in sub-section (1),
then such building or land on its transfer by the Authority to the co-operative society
under sub-section (7) shall be held by the co-operative society on lease or licence, as
the case may be, subject, however, to the following conditions, namely:-

(i) where there is a subsisting lease or licence, on the same terms and conditions on
which the lessee or licensee held it, and

(ii) where the lease or licence has been determined or where the lessee or licensee has
committed breach of the terms and conditions of the lease or licence, as the case may
be, on the fresh terms and conditions, particularly in regard to the period of lease or
licence and rent as may be stipulated by the owner of the land.]

[(5A) Where acquisition proceedings have been initiated as provided in subsection (5)
and a notification under sub-section (5) of section 93 is published, the Collector shall
take and hand over possession of the land to the Board in accordance with the
provisions of sub-section (6) of section 93,]
(6) After the land is vested absolutely in the Board on behalf of the Authority free from
all encumbrances and the amount to be paid to the owner is determined, the Board
shall require the society to get itself registered if it is not registered till then and to
deposit the remainder of the amount to be paid to the owner with the Land Acquisition
Officer. The Board shall simultaneously pass on the amount deposited by the co-
operative society with it to the Land Acquisition Officer. The Land Acquisition Officer
shall thereupon make the payment of the amount for acquisition or deposit the same in
the court as provided in section 46.
(7) Subject to the provisions of sub-section (6), the Authority shall convey the land
acquired under this section to the co-operative society of the occupiers thereof with its
right, title and interest therein and execute without undue delay the necessary
documents in that behalf.
103C. Prohibition on transfer of land or building by society. - (1) After the land is
transferred to the co-operative society under sub-section (7) of section 103B, the
society shall use the same for the purpose for which it was used before its acquisition
by carrying out structural repairs to building thereon or reconstruction of new building in
lieu of existing building, as the case may be, as provided in this Chapter and for no
other purpose.
(2) Save as otherwise expressly provided in this Chapter and notwithstanding anything
contained in any law for the time being in force, no co-operative society shall transfer
such land or building or interest therein, or no member or tenant of the co-operative
society shall transfer his interest in any tenement by sale, gift, exchange, leave and
licence, assignment or lease; and any such transfer by way of sale, gift, exchange,
leave and licence, assignment or lease by the co-operative society of any land vesting
in it by or under the provisions of this Chapter or transfer by the member or tenant of his
interest as aforesaid shall be void,
(3) If the co-operative society contravenes the provisions of sub-section (1) or enters
into any transaction which is void under sub-section (2), or if the society is not
functioning, it shall be lawful for the Authority to resume such land and building from
such society after making full payment to the society of the amount of the acquisition
which the society has paid for such land and building and upon such resumption to
transfer the same to any other co-operative society of the occupants of the tenements in
the transit camp provided by the Authority, on payment of the acquisition price which
was paid by the co-operative society for whom the land was acquired.
(4) (a) Any person who enters into any transaction which is void under subsection (2)
shall -

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

evicted;

(ii) if he is a tenant, then notwithstanding anything contained in the Rent Act, be evicted.

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

(5) The Competent Authority appointed under section 65 shall be the Competent
Authority for the purposes of eviction of persons referred to in sub-section (4) and shall
follow the same procedure as prescribed in section 66 for such eviction as if the
premises were Authority premises and thereupon the provisions of Chapter VI shall
mutatis mutandis apply in respect of orders passed by the Competent Authority as they
apply to the orders passed under Chapter VI.
103D. Relaxation in requirement of minimum number of membership of co-
operative societies under this Chapter. - Notwithstanding anything contained in the
Maharashtra Co-operative Societies Act, 1960, the requirement of minimum number of
members specified therein for formation of a co-operative society shall not apply to a
co-operative society of occupiers formed under this Chapter.
103E. Non-member occupiers entitled to continue in tenements of co-operative
society. - (1) The occupiers of tenements in the building acquired for the co-operative
society who do not become the members of the co-operative society shall, subject to
the provisions of the first proviso, be entitled to continue in their tenements as tenants of
the co-operative society after the building has been conveyed to the co-operative
society on the same terms and conditions on which they were occupying them from the
owner of the building :
Provided that, notwithstanding anything contained in the Rent Act, or any other law for
the time being in force or any agreement, contract, judgement, decree or order of any
Court or Tribunal to the contrary the co-operative societies shall be entitled to recover,
in addition to rent, from such occupiers and such occupiers shall be liable to share and
pay proportionately towards any expenditure that may be incurred by the society on
structural repairs of the buildings or towards the service charges and additional
amenities or facilities provided in the building :
Provided further that, if the owner himself is one of the occupiers in the building and he
does not become the member of the co-operative society, he may, subject to the
provisions of the first proviso and sub-sections (2) to (7), continue to occupy the
premises occupied by him on payment of standard rent, if any fixed, or where no
standard rent is fixed on such other rent and on Such other terms and conditions as
may be mutually agreed between the owner and the co-operative society.
(2) Where in a co-operative society the owner referred to in the second proviso to sub-
section (1) becomes a tenant and he considers that the rent demanded by the co-
operative society is excessive, such owner may apply to the Court of Small Causes,
Bombay for fixing the standard rent of his tenement, but such owner shall, not
withstanding anything contained in the Rent Act, or any other law for the time being in
force, continue to pay to the society, the rent demanded by it and failure of such owner
to pay to the society such rent, the Court shall not proceed to fix the standard rent under
this sub-section until such owner pays to the society such rent.
Explanation. - For the purposes of this sub-section, the expression "standard rent"
includes the increase in rent permitted under the provisions of the Rent Act.
(3) Where the Court has fixed the standard rent under sub-section (2) and it finds that
the rent demanded by the co-operative society from such owner is unreasonably
excessive the Court may order payment of simple interest at the rate of six per cent. per
annum on the amount of difference between the standard rent and the rent demanded
and received by the co-operative society from such owner.
Explanation. - For the purposes of this sub-section where a difference between the
standard rent and the rent demanded by the co-operative society is more than twenty-
five per cent the rent demanded by the co-operative society shall be deemed to be
unreasonably excessive.
(4) Any amount in excess of the standard rent fixed by the Court under sub-section (2)
or standard rent referred to in sub-section (6), received by the cooperative society shall,
at the option of such owner, be adjusted towards the payment of future rent by such
owner or refunded to him,
(5) An application under sub-section (2) may be made jointly by all or any of the owners
interested in respect of the tenements situated in the same building.
(6) No Court shall upon an application or in any suit or proceeding fix the standard rent
of any tenement under sub-section (2) or entertain any plea that the rent is excessive, if
the standard rent in respect of the same tenement has been duly fixed by a competent
court on the merits of the case, without any fraud or collusion of an error of the fact, and
there has been no structural alteration or change in the amenities or in respect of any
other factors which are relevant to the fixation of the standard rent.
(7) The decision of the Court under sub-section (2) or (3) shall be final and conclusive
and shall not be called in question in any court.
103F. Application of Rent Act to buildings of co-operative society. - Save as
otherwise expressly provided in this Chapter and notwithstanding anything contained in
section 5 of this Act, the provisions of the Rent Act shall apply to the premises in the
land and buildings owned by the co-operative societies formed and registered in
pursuance of the provisions of this Chapter.
103G. Certain occupiers to be accommodated in transit camps. - The occupiers of
any building who have not joined the co-operative society may, if they so desire but
subject to the availability of tenements with the Board, be accommodated by the Board
in tenements in transit camps constructed by the Board on economic rent and on such
other terms and conditions as may be determined by the Board.
103H. Application of provisions of section 100. - The provisions of section 100
regarding relaxation or modifications of the provisions of the laws referred to therein
shall apply mutatis mutandis to the reconstruction proposal or proposals undertaken by
co-operative societies under this Chapter and the State Government may, by general or
special order, relax or modify the provisions of such laws in respect of such co-operative
societies or society :
Provided that, in no case where such relaxation or modification is made, the floor space
index shall exceed two or the consumed floor 'space index, whichever is higher.
103I. Reconstruction of new building by co-operative society. - (1) In preparing the
plans and estimates of the building to be reconstructed it shall be the duty of the co-
operative society to see that all the occupiers in the building proposed to be demolished
who have joined the co-operative society shall, as far as practicable, be provided in the
reconstructed building accommodation with a floor area equivalent to their floor area in
the old building, but in no case exceeding seventy square metres of plinth area to any
occupier.
(2) Where the co-operative society proposes to carry out structural repairs to the
building and the building or any part thereof is required to be vacated, or to reconstruct
a building and the building is required to be demolished, the occupiers thereof, on being
called upon by a notice in writing by the co-operative society, shall vacate the
tenements in their occupation within the period specified in such notice, and upon failure
of the occupiers to so vacate the tenement, the co-operative society may request the
Board to take or cause to be taken necessary steps to evict such occupiers from the
buildings and on receipt of such request the Board may take or cause to be taken
necessary steps to get the building or part thereof, as the case may be, vacated and the
Board shall exercise in this behalf the powers under clause (a) of section 77 and where
an occupier to whom the Board has served a notice to vacate the premises in his
occupation fails to vacate the same within the period specified in such notice, the Board
may use or caused to be used such force as may reasonably, be necessary therefor.
(3) The co-operative society shall, notwithstanding anything contained in any other law,
reserve and allot, in the new building such percentage as is specified in the Third
Schedule to this Act of the surplus area in the new building determined on the basis of
the difference between the floor, space index availed of by it while reconstructing the
building and the floor space index that had been utilised in the construction of the old
building, for housing such dishoused occupier from other cessed demolished buildings
as may be nominated by the Board and upon such nominations, the nominated
occupiers shall be accepted by the co-operative society as its members in accordance
with its bye-laws, and shall not dispose of tenements covered by such reserved surplus
area to others. If any tenements are rendered surplus because of any of the occupiers
in the old building not joining the co-operative society the percentage as is specified in
the Third Schedule to this Act of the surplus area to be made available to the Board in
the new building for allotment to other dishoused occupiers shall be determined on the
basis of the difference between the total floor area constructed in the new building and
the area to be occupied therein by the participating occupiers in the old building. Such
surplus tenement to be allotted to dishoused occupiers from the other cessed buildings
which are demolished and who are nominated by the Board shall be allotted to them by
the co-operative society after receiving from them such amount as may be determined
by the State Government.
(4) The co-operative society may allocate the area for officers, shops, commercial
tenements, or any other non-residential use in the new building only to the extent of the
area occupied in the old building for the said purposes.
(5) The list of occupiers in the old building as also the area of the tenement therein shall
be certified by the Board after such consultation with the co-operative society and the
occupiers of the tenements concerned, as may be necessary. The area of the tenement
shall be determined having regard to the provisions of the Development Control Rules
applicable in the area and after taking into account any specific area or part thereof as
might be permitted by Government for the purpose. The Board shall inform the
occupiers about the area so determined.
(6) If there is a dispute as to who is the lawful occupier of the tenements in the old
building, the parties shall be directed to get the disputes determined by the competent
court of law. Allotment of a transit accommodation to a person actually in occupation of
such tenement or in a tenement in a new building shall not be deemed to have decided
the issue and, such allotment shall be without prejudice to the respective rights of the
dispute parties.
(7) Any occupier aggrieved by the determination of the area of a tenement may, within
thirty days from the date of receipt of the communication in that behalf, prefer an appeal
to an officer specified by the Authority for the purpose. The decision of such appellate
officer shall be final and conclusive and shall not be called in question in any Court.
103J. Protections to occupiers or allottees. - If the co-operative society
unauthorisedly allots to any person any tenement which is to be allotted under the
foregoing provisions to a dishoused person from the building reconstructed or to a
dishoused person from the other cessed demolished buildings by nomination by the
Board, such unauthorised allotment shall, notwithstanding anything contained in any law
for the time being in force, be treated as invalid for all purposes and the Authority shall
be competent to evict such unauthorised allottee by taking action under section 66 of
this Act as if the premises so allotted were Authority premises and allot such premises
to the person to whom they should have been allotted.
103K. Board for purposes of this Chapter - (1) [The Mumbai Repairs and
Reconstruction Board] established under section 18 of this Act shall be the Board for
the purposes of carrying out the purposes of this Chapter.
(2) Subject to the superintendence, direction and control of the Authority, the Board
shall exercise such of the powers and perform such of the duties and functions
conferred on it under Chapter VIII as may be necessary for the performance of its duties
and functions under this Chapter.
103L. Overriding effect of Chapter VIII-A. - The provisions of this Chapter shall have
effect notwithstanding anything inconsistent therewith contained in any other provisions
of this Act, or any other law for the time being in force or in any agreement, contract,
judgement, decree or order of any Court or Tribunal.
103M. Power to remove difficulties. - If any difficulty arises in giving effect to the
provisions of this Chapter, during the period of two years from the date of
commencement of the Maharashtra Housing and Area Development (Second
Amendment) Act, 1986, the State Government may, as occasion arises, by order do
anything not inconsistent with such provisions, which appears to it to be necessary or
expedient for the purposes of removing the difficulty.

Chapter IX

Environmental Improvement of Slums

104. [Board for purposes of this Chapter and its duties.] - [(1) Each of the Boards
excluding [the Mumbai Housing and Area Development Board,] mentioned in clause (a)
and (b), and [the Mumbai Slum Improvement Board] mentioned in clause (c), of sub-
section (1) of section 18, shall be the Board for the purposes of this Chapter within the
area of its jurisdiction.]
[(2)] Subject to the superintendence, direction and control of the Authority, it shall be the
duty of a Board,-

(a) to undertake and carry out such improvement works as it considers necessary, in
any slum improvement area;

(b) to undertake, from time to time, the works of maintenance and repairs in respect of
any improvement works in any such area;

(c) to collect, from time to time, service charges recoverable by and due to it in any slum
improvement area;

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

improvement area;

(e) to do all other things, with the prior approval of the Authority, to facilitate exercising
of its powers and performance of its duties under this Chapter.

105. Power of Board to entrust improvement works. - In any slum improvement

area, the Board may, on such terms and conditions as may be mutually agreed upon,
entrust to the Municipal Corporation, the Municipal Council or to any other agency
recognised by it for the purpose,-

(a) the execution, under its own supervision, of any improvement works;

(b) the maintenance or repairs of any improvement works under its control;

(c) the work of collection of service charges recoverable by and due to it.
106. Use of property assigned or entrusted by Government, [Mumbai
Corporation,] etc. - The State Government, the Municipal Corporation or the Municipal
Council may assign or entrust to the Board, any property, whether moveable or
immoveable for use by the Board, for such purposes of this Chapter on such terms and
conditions as may be agreed upon by the Board. It shall be the duty of the Board to use
such property for the purpose for which it is assigned or entrusted.
107. Transfer of improvement works to Board. - (1) Any Municipal Corporation or
Municipal Council may transfer to the Board on behalf of the Authority any improvement
works completed by it in any slum improvement area for the purpose of maintenance, or
for any other purpose of this Chapter on such terms and conditions, as may be mutually
agreed upon, and it shall be the duty of the Board to carry out the purpose for which
such works are transferred.
(2) On such transfer of the improvement works, all records relating to such works shall
be transferred to the Board.
108. Declaration of slum improvement area and execution of slum improvement
works. - (1) Where a Board upon report of any of its officers or other information in its
possession is satisfied that any area is or may be a source of danger to the health,
safety or convenience of the public of the area or of its neighbourhood, by reason of
such area having inadequate or no basic amenities, or being insanitary, squalid,
overcrowded or otherwise, and where the Board decides to carry out any improvement
works in such area, it shall cause such area to be defined in a map, and then it shall by
an order published in the Official Gazette, declare such area to be a slum improvement
area and its intention to carry out such improvement works as in its opinion are
necessary and are specified in such order. A copy of such declaration shall be
displayed in conspicuous places in such area, and shall also be served upon the owner,
occupier and mortgagee, if any, of the property or any part thereof.
(2) Any person aggrieved by a declaration made under sub-section (1) may, within thirty
days of the date of such declaration in the Official Gazette, appeal to the Tribunal.
(3) On an appeal, the Tribunal may make an order either confirming, modifying, or
rescinding the declaration; and the decision of the Tribunal shall be final.
109. Improvement works. - For the purpose of this Chapter, the improvement works
may consist of all or any of the following, namely :-

(a) laying of water-mains, sewers and storm-water drains;

(b) provision of urinals, latrines, community baths, and water-taps;

(c) widening, re-aligning or paving of existing roads, lanes and pathways and
constructing new roads, lanes and pathways;

(d) providing street lighting;

(e) cutting, filling, levelling and landscaping the area;

(f) partial development of the area with a view to providing land for unremunerative
purposes, such as parks, playgrounds, welfare and community centres, schools,
dispensaries, hospitals, police stations, fire stations and other amenities provided or
conducted on a non-profit basis;

(g) demolition of obstructive or dilapidated buildings or portions of buildings;

(h) any other matter for which in the opinion of the Board, it is expedient to make
provision for preventing the area from being or becoming a source of danger to safety or
health or a nuisance.

110. Association of members of local bodies with improvement works. - A Board

may associate with it, members of the local bodies, if any, for the purpose of preparation
of plans and supervision and execution of any improvement works in their respective
areas.
111. Power of -Board to require the occupiers to vacate premises. - (1) Where a
Board undertakes the improvement works in slum improvement area and is of the
opinion that any of the occupiers thereof should vacate their premises, it shall give them
notice to vacate by a date, or dates specified in the notice. It may as far as practicable
offer such occupiers alternative sites in any other suitable area to locate these
premises. If any occupier fails to vacate and to shift his premises to the alternative site
offered to him within the specified period, the responsibility of the Board to provide him
alternative site shall cease.
(2) Where any occupier does not vacate his premises, the Board may take or cause to
be taken such steps and use or cause to be used such force as may be reasonably
necessary for the purpose of getting the premises vacated.
(3) The Board may, after giving fifteen clear days' notice to the persons removed under
sub-section (2) and affixing a copy thereof in some conspicuous place in the area,
remove or cause to be removed or dispose of by public auction any property remaining
on the premises vacated under that sub-section.
(4) Where the property is sold under sub-section (3), the sale proceeds shall after
deducting the expenses of sale be paid to such person or persons as may be entitled to
the same :
Provided that, where the Board is unable to decide as to the person or persons to whom
the balance of the amount is payable or as to apportionment of the same, it shall refer
such dispute to a civil court of competent jurisdiction, and the decision of the court shall
be final.
112. Restriction on buildings in slum improvement area. - (1) A Board may by a
notice affixed or exhibited in a conspicuous place in a slum improvement area direct
that no person shall erect any building in a slum improvement area or carry out any
additions or alterations thereto except with its previous permission in writing.
(2) Every person desiring to obtain permission referred to in sub-section (1) shall make
an application in writing to the Board furnishing such information as may be required by
it.

(a) On receipt of such application and after making such inquiry as it considers
necessary, the Board may by order in writing -
(b) either grant the permission subject to such terms and conditions, if any, as may be
specified in the order, or

refused to grant such permission

Provided that, before granting the permission subject to terms and conditions or before
making an order refusing such permission, the applicant shall be given a reasonable
opportunity to show cause why such terms and conditions should not be imposed, or
the permission should not be refused.
113. Orders of demolition of buildings in certain cases. - (1) Where the erection or
alteration of any building or any addition thereto has commenced, or is being carried
out, or has been completed, in contravention of the provisions of section 112, a Board
may, notwithstanding the provision contained in any other law, direct by an order that
such erection, alteration or addition shall be demolished by the owner or the person who
has erected the budding or carried out the addition or alteration, within such time as
may be specified in that order. On the failure of the owner or such person to comply with
the order, the building so erected or the addition or alteration so carried out shall be
liable to summary demolition by an order of the Board, and the expenses of such
demolition shall be recoverable from the owner or such person as arrears of land
revenue
Provided that, no such order shall be made, unless the owner or person concerned has
been given a reasonable opportunity of being heard.
(2) Any property ordered be demolished under sub-section (1) shall be disposed of as
the Board may direct, and the cost of removal of the property under this section shall
also be recoverable as arrears of land revenue.
(3) For the purpose of causing any building to be demolished under sub-section (1), the
Board may use or cause to be used such force as may be reasonably necessary.

Recovery of Dues of the Authority

114. Recovery of service charges. - (1) Where improvement works have been
executed in any slum improvement area, any expenses incurred by a Board on behalf of
the Authority or, by any other authority at the instance of the Board, in connection with
the maintenance of such improvement works or the enjoyment of amenities and
conveniences rendered possible by such works, shall be recoverable by the Board as
service charges from the occupiers of the slum improvement area.
(2) The amount of expenses incurred on the maintenance of works or amenities shall be
determined by the Board in respect of slum improvement area separately and shall be
recovered as service charges from the occupier of each building in the area,
115. Recovery of dues. - (1) Where any person is in arrears of service charges, as
determined by a Board in pursuance of section 114, the Board may, by notice served, (i)
by post or (ii) by affixing a copy of it on the outer door or some other conspicuous part,
of the premises, or (iii) in any other manner that the Board may deem proper order that
person to pay the same within such time not less than fifteen days as, may be specified
in the notice.
(2) Where any person causes any damage to the property of the Authority or the
improvement works provided by the Authority, the Board shall assess the amount of
such damages and shall, after serving notice on the person in the manner provided in
sub-section (1), order that person to pay the amount of such damages within such time
as may be specified in the notice.
(3) If any person fails to comply with an order made under sub-section (1) or (2), the
amount due from him to the Authority shall be recoverable as arrears of land revenue.
116. Appeal. - Any person aggrieved by an order of a Board under sub-section (1) or
(2) of section 115 may, within thirty days of the date of the order, prefer appeal to the
Tribunal and the decision of the Tribunal on appeal shall be-final.

Slum Improvement Fund

117. Separate Slum Improvements Fund. - (1) Where improvement works have been
executed in any slum improvement area, the service charges recovered from the
occupiers under section 114 shall be credited to the fund of the Authority. There shall,
however, be created a separate fund called the Maharashtra Slum Improvement Fund
(in this Chapter referred to as the Fund') and the amount so credited to the Fund of the
Authority shall be transferred to the Fund so created.
(2) The amount in the Fund shall be expended for the purposes of this Chapter. The
State Government may make rules regulating all matters connected with the Fund,
including the matter in which the Fund shall be maintained, operated and expended.
118. Contribution by State Government and local authority to Fund. - (1) The State
Government may pay an annual contribution to the Authority of such amount as may be
determined by the State Government.
(2) The State Government may, after consultation with the local authority concerned,
direct such local authority to make an annual contribution to the Authority for the
purposes of this Chapter.
(3) The moneys placed at the disposal of the Authority under the provisions of this
Chapter shall form part of the Fund and shall be applied for the purposes of this
Chapter.
119. Action taken under Maharashtra XXIII of 1973 deemed to be taken under this
Act. - Any action taken by the Maharashtra Slum Improvement Board under the
Maharashtra Slum Improvement Board Act, 1973, shall be deemed to be action taken
by the board constituted under this Act.

Establishment of Panchayats in Slum Improvement Area

120. Establishment of Panchayat. - The Board may, with the approval of the Authority
establish, by notification in the Official Gazette, Panchayat for any slum improvement
area.
121. Incorporation of Panchayat. - Every such Panchayat shall be a body corporate
by the name of "The .............. (Slum Improvement Area) Panchayat," as may be given
by the Board, having perpetual succession and common seal, with power to acquire,
hold and dispose of property, both moveable and immoveable, and to contract, and may
be the said name sue or be sued.
122. Contribution of Panchayat. - (1) Every Panchayat shall have a Sarpanch, a Upa-
Sarpanch and other members, not being less than 3 and more than 13, as the Board
may with the approval of the Authority determined.
(2) The members of a Panchayat including the Sarpanch and Upa-Sarpanch shall be
nominated by the Board from amongst the residents of the slum improvement area. The
names of the members so nominated shall be published by the Board in the Official
Gazette; and on the publication of the names of members in the Official Gazette, the
Panchayat shall be deemed to be duly constituted.
123. Disqualifications. - A person shall be disqualified for being nominated or for
continuing as a member of the Panchayat, if he has become subject to any of the
disqualifications specified in section 11.
124. Term of office of members and their conditions of service. - (1) The members
of a Panchayat shall, save as otherwise provided in this Chapter, hold office for a term
of three years.
(2) The Board may by order in writing and for reasons recorded therein extend the said
term for a period not exceeding five years in the aggregate.
(3) The remuneration and other conditions of service of the members of the Panchayat
including Sarpanch and Upa-Sarpanch shall be such as the State Government may, by
order, determine.
(4) The remuneration and allowance to the members of the Panchayat shall be paid
from the Panchayat Fund.
(5) Notwithstanding anything contained in this Chapter; if a member of the State
Legislature is appointed as a member of the Panchayat including the Sarpanch and
Upa-Sarpanch thereof, he shall not be entitled to receive any remuneration other than
travelling allowance, daily allowance or other allowance which is paid to a member of
the Panchayat for the purpose of meeting the personal expenditure incurred in attending
the meeting of Panchayat or in performing any other functions as such member.
125. Commencement of term of office. - The term of office of the members of a
Panchayat shall be deemed to commence from the date of the Gazette in which their
names are published under section 122.
126. Resignation of office by members. - Any member of the Panchayat may resign
his office by writing under his hand addressed to the Sarpanch. The Upa-Sarpanch may
resign his office of Upa-Sarpanch or of member also by like writing addressed to the
Sarpanch. The Sarpanch may resign his office of Sarpanch or of member also by like
writing addressed to the Chairman. The notice of every such resignation shall be
delivered in the prescribed, manner, and the office concerned shall thereupon become
vacant.
127. Motion of no-confidence. - (1) A motion of no-confidence may be moved by any
member of a Panchayat against the Sarpanch or the Upa-Sarpanch, after giving such
notice thereof as may be prescribed.
(2) If the motion is carried by a majority of not less than two-third of the total number of
the then member of the Panchayat, the Sarpanch or the Upa-Sarpanch, as the case
may be, shall cease to hold office, after a period of three days from the date on which
the motion was carried, unless he has resigned earlier, and thereupon the office held,
by such Sarpanch or Upa-Sarpanch, shall be deemed to be vacant.
(3) Notwithstanding anything contained in this Chapter or the rules and regulations
made thereunder, a Sarpanch or an Upa-Sarpanch shall not preside over a meeting in
which a motion of no-confidence is discussed against him; but he shall have a right to
speak or otherwise to take part in the proceedings of such a meeting (including the right
to vote).
(4) In cases the offices of both the Sarpanch and Upa-Sarpanch become vacant
simultaneously, the Board may appoint an officer, pending the nomination of another
Sarpanch and Upa-Sarpanch, to exercise all the powers and perform all the functions
and duties of the Sarpanch, but such officer shall not have the right to vote in any
meeting of the Panchayat.
128. Meeting of Panchayat and procedure to be followed. - The Panchayat shall
meet at such intervals and follow such procedure for its meetings as may be prescribed.
129. Powers of Sarpanch and Upa-Sarpanch. - The Sarpanch and the Upa-Sarpanch
shall exercise such powers and perform such functions as may be prescribed.
130. Removal from office. - (1) The Board may with the approval of the Authority
remove from office any member including the Sarpanch or Upa-Sarpanch, who has
been guilty of misconduct or neglect of, or incapacity to perform his duty, or is
persistently remiss in the discharge thereof:
Provided that, no such person shall be removed from office, unless the Chairman or any
other officer of the Board authorised by him in this behalf holds an enquiry after giving
due notice to the Panchayat and the person concerned; and the person concerned has
been given a reasonable opportunity of being heard and thereafter, the Chairman or the
said officer, as the case may be, submits his report to the Board.
(2) Where a person is removed from office of the Sarpanch, Upa-Sarpanch or member,
he shall not be eligible for renomination as Sarpanch, Upa-Sarpanch or member, during
the remainder of the term of the office of members of the Panchayat.
131. Filling-up of vacancies. - If any vacancy occurs due to the disablement, death,
resignation, disqualification, absence without leave or removal or otherwise of a
Sarpanch or Upa-Sarpanch or other member, it shall be filled by nomination of another
Sarpanch or Upa-Sarpanch or member, who shall hold office so long only as the
Sarpanch or Upa-Sarpanch or member in whose place he has been nominated, would
have held office if the vacancy had not occurred .
132. Vacancy not to affect proceedings of Panchayat. - (1) During any vacancy in
the Panchayat, the continuing members may act as if no vacancy had occurred.
(2) The Panchayat shall have power to act notwithstanding any vacancy in the
membership or any defect in the constitution thereof; and such proceedings of the
Panchayat shall be valid notwithstanding that it is discovered subsequently that some
person who was not entitled to do so at or voted or otherwise took part in the
proceedings.
(3) No act or proceedings of a Panchayat shall be deemed to be invalid on account of
any defect or irregularity in any such act or proceedings not affecting the merits of the
case or on account of any irregularity in the service of notice upon any member or for
mere informality.
133. Dissolution or supersession of Panchayat for default. - (1) If, in the opinion of
the Board Panchayat exceeds or abuses its powers or is incompetent to perform, or
makes persistent default in the performance of the duties imposed on it or functions
entrusted to it, by or under this Chapter or fails to obey an order made by the Board, the
Board, may, with the approval of the Authority, after giving the Panchayat an opportunity
of rendering an explanation, by order in the Official Gazette-

(i) dissolve such Panchayat, or

(ii) supersede such Panchayat for the period specified in the order.

(2) When a Panchayat is so dissolved or superseded, the following consequences shall

ensue, that is to say :-

(a)all members of the Panchayat shall, in the case of dissolution, as from the date
specified in the order of dissolution, and in the case of supersession, as from the date of
the order of supersession, vacate their office as such member;

(b) all powers and duties of the Panchayat shall, during the period of dissolution or
supersession, be exercised and performed by such person or persons as the Board
may, from time to time, appoint in that behalf;

(c) all property vested in the Panchayat shall, during the period of dissolution or
supersession, vest in the Board.

Functions of the Panchayat, Finance and Control

134. Duties of Panchayat. - Where the Board entrusts all or any of its powers or duties
under clauses (b), (c), (d) and (e) of section 104 to a Panchayat, the Panchayat shall,
subject to the superintendence, direction and control of the Board,-

(a) undertake the works of maintenance and repairs in respect of any improvement
works executed by the Board and handed over to the Panchayat for maintenance;

(b) collect service charges in connection with the maintenance of improvement works
handed over by the Board to the Panchayat;

(c) recover compensation from the occupiers of Government lands falling within the
jurisdiction of the Panchayat;

(d) report to the Board forthwith any damage done to the improvement works; and

(e) do all other things which the Board may from time to time require it to do. The rate of
service to be recovered under clause (b) of this section shall be determined by the
Board, and the rate of compensation to be recovered under clause (c) of this section
shall be determined by the State Government.

135. Certain services to be provided by local authority and Panchayat to be

responsible for collection and payment of taxes, fees and charges. - (1)
Notwithstanding anything contained in any law governing the local authority concerned,
a Municipal Corporation, a Municipal Council or any other local authority having
jurisdiction in any slum improvement area, shall provide water supply and drainage and
scavenging, cleansing, lighting and other services, in the said area, as it provides in
other areas within its jurisdiction, and also such additional services, as the Board may in
respect of any slum improvement area specify in this behalf.
(2) Where there is a Panchayat, the Panchayat shall be responsible to the local
authority to collect from the occupiers and other persons liable therefor the taxes, fees
and charges due for the services so provided, and to arrange to pay the amount due
from time to time to the local authority concerned.
136. Use of property assigned or entrusted by Board. - (1) The Board may assign or
entrust to the Panchayat any property, whether moveable or immoveable, for use by the
Panchayat, for the purposes of this Chapter on such terms and conditions as may be
specified by the Board on behalf of the Authority. It shall be the duty of the Panchayat to
use such property for the purpose for which it is assigned or entrusted.
(2) With the approval of the Board, a Panchayat, may utilise any open space in the slum
improvement area for common purposes such as those specified in clause (f) of section
109.
137. Violation of direction under section 112(1). - The Panchayat shall ensure that
the no new building is erected within its jurisdiction in contravention of any direction
issued by the Board under sub-section (1) of section 112. If any new building is so
erected, the Panchayat shall immediately make a report to the Board.
138. Assistance to Board for carrying out demolition. - The Panchayat shall assist
the Board in carrying out demolition of any building under section 113.
139. Contracts. - (1) For the purposes of this Chapter, the Sarpanch shall be
competent to make and execute on behalf of the Panchayat, any contract with any
person :
Provided that, no contract shall be made unless specifically authorised by the
Panchayat by passing resolution to that effect, and no contract involving an expenditure
exceeding Rs. 1,000 shall be made without the previous sanction of the Chairman.
(2) Every contract shall be entered into in such manner and form as may be prescribed.
140. Recovery of compensation, service charges etc. - (1) When any compensation,
service charges, tax, fee on other sum has become due, which a Panchayat is
authorised to collect under this Chapter, the Panchayat shall, with the least practicable
delay, cause to be presented to the person liable for the payment thereof a bill for the
amount due from him, specifying the details of the claims and the date on or before
which the amount shall be paid.
(2) If any person fails to pay the amount due on or before the specified date, the
Panchayat shall cause a writ of demand in the prescribed form to be served on the
defaulter.
(3) The presentation of every bill under sub-section (1) and the service of every writ of
demand under sub-section (2) shall be effected by an officer or servant of a Panchayat
in this behalf -

(a) by giving or tendering the bill or writ to the person to whom it is addressed; or
(b) if such person is not found, by leaving the bill or writ at his last known place of
abode, if within the limits of the Panchayat by giving or tendering the bill or writ to some
adult male member or servant of his family; or

(c) if such person does not reside within the limits of the Panchayat, and his address
elsewhere is known to the Sarpanch or other person directing the issue of the bill or
writ, then by forwarding the bill or writ to such person by registered post, under cover
bearing the said address; or

(d) if none of the means aforesaid be available, then by causing the bill or writ to be
affixed on some conspicuous part of the building or land, if any, to which the bill or writ
relates in the presence of at least two Panchas.

(4) If the amount for which a writ of demand has been served is not paid within thirty
days from the date of such service, the Panchayat may recover such sum by distraint
and sale of the moveable property of the defaulter in the prescribed manner.
(5) If a Panchayat is unable to recover the amount due as aforesaid, it may furnish to
the Board a statement of the arrears due with a request for the recovery of the same,
and the Board shall proceed against the person to recover the same as if they are
arrears of land revenue.
(6) For any amount recovered by the Panchayat under this section, a written receipt
shall be given to the person concerned in such form and in such manner as may be
prescribed.
141. Panchayat Fund. - (1) For every Panchayat there shall be a fund, which shall be
called the Panchayat fund.

(a) The following shall be paid or deposited into the Panchayat Fund, namely :-

(b) the proceeds of service charges collected under clause (b) of section 134;

(c) the proceeds of compensation collected under clause (c) of section 134;

(d) the proceeds of any taxes, fees or charges due to a local authority collected under
section 135;

(d) all sums received from the Board on behalf of the Authority;

(e) all sums received by the Panchayat from other sources by way of grant, gift and
contribution or otherwise.

142. Application of Panchayat Fund. - All sums received by a Panchayat in

accordance with the provisions of this Chapter shall be applied subject to the provisions
and for the purposes of this Chapter and all such sums and the Panchayat Fund shall
be kept in such custody as may be prescribed.
143. Appointment of servants. - (1) A Panchayat may, with the approval of the Board,
appoint such servant as may be necessary for the proper discharge of its duties under
this Chapter and pay their salaries and allowances from the Panchayat Fund. The
Panchayat may, from time to time by written order, fine, suspend, remove or dismiss
any servant appointed by it :
Provided that, no such order shall be passed by the Panchayat unless the servant is
given a reasonable opportunity of being heard.
(2) An appeal shall lie against any such order passed by the Panchayat to the Chairman
or any officer of the Board authorised by him in this behalf, within one month from the
date of communication of the order to the servant, and the decision of the Chairman or
the said officer, as the case may be, shall be final:
Provided that, no such appeal shah be decided unless the servant is given at
reasonable opportunity of being heard.
144. Budget and accounts. - (1) A Panchayat shall submit annually to the Board on or
before such date and in such form as may be prescribed a statement of -

(a) the opening balance in the Panchayat fund and the estimated receipts by the
Panchayat for the following year;

(b) the expenditure proposed on establishment and discharge of its duties.

(2) The Board shall within two months from the date of receipt of such statement either
approve the same or direct that the proposed expenditure on any of the duties be
increased or decreased:
Provided that, if the Board fails either to approve -such statement or to direct that the
expenditure on any of the duties be increased or decreased, within two months from the
date of receipt of such statement, the statement shall be deemed to have been duly
approved by the Board.
(3) The Sarpanch shall keep or cause to be kept the accounts of the Panchayat in such
form as may be prescribed. He shall prepare an annual report of the administration of
the Panchayat and shall place the accounts and the report for approval before the
Panchayat. The annual statement of such accounts together with the annual report as
approved shall be sent to the Board on or before such date and in such form as may be
prescribed.
145. Power to call for proceedings, etc. - The Board shall have power -

(a) to call for any proceedings of a Panchayat or an extract therefrom, any book or
document in the possession or under the control of a Panchayat, and any return,
statement, account or report which the Board thinks fit to require such Panchayat to
furnish; and

(b) to require a Panchayat to take into consideration-

(i) any objection which appears to the Board to exist to the doing of anything which is
about to be done, or is being done, by such Panchayat; or

(ii) any information which the Board is able to furnish and which appears to the Board to
necessitate the doing of a certain thing by the Panchayat, and to submit a written reply
to the Board within a reasonable time stating its reasons for not desisting from doing or
for not doing such things.

146. Power of Chairman or any officer to inspect office of Panchayat. - The

Chairman or any other officer authorised by him in writing in this behalf may at all
reasonable times enter the office of any Panchayat and inspect any records, register or
other document kept therein; and the Panchayat shall comply with the inspection notes,
if any, made by the Chairman or, as the case may be, such officer.
147. Power of authorised officer or person to inspect and give technical guidance.
- If for the purpose of efficient and economical maintenance of any works undertaken by
a Panchayat, an officer or person authorised by general or special order of the Board
considers it necessary for that purpose to give technical guidance or assistance to the
Panchayat, then the officer or person so authorised may periodically inspect such works
and may give such guidance, assistance or advice as he thinks necessary in relation to
such works; and shall forward to the Sarpanch through the Chairman, a report on the
inspection made, pointing out therein any irregularities noticed, and his suggestions for
improvement.
148. Audit of accounts of Panchayat. - (1) The audit of the accounts of a Panchayat
shall be carried out by the State Government in such manner as it deems fit and a copy
of the audit note shall be forwarded to the Board and the Panchayat, within two months
of the completion of the audit.
(2) On receipt of the audit note referred to in sub-section (1), the Panchayat, shall either
remedy and defects or irregularities, which may have been pointed out in the audit note
and send to the Board within two months an intimation of its having done so, or shall,
within the said period, supply to the Board any further explanation in regard to such
defects or irregularities as it may wish to give.
(3) On receipt of such intimation or explanation, the Board may, in respect of all or any
of the matters discussed in the audit note,-

(a) accept the intimation or explanation given by the Panchayat and recommend to the
Authority to drop the objection;

(b) suggest that the matter be reinvestigated at the next audit or at any earlier date, or

(c) hold that the defects or irregularities pointed out in the audit note or any of them
have not been removed or remedied.

(4) The Board shall send a report of its decision to the Authority with one month of the
date of receipt by it of the intimation or explanation referred to in subsection (2), or in
the event of the Panchayat failing to give such intimation or explanation on the expiry of
the period of two months referred to in the said subsection (2), and shall forward a copy
of such report to the auditor, and the Panchayat. If the Board holds that any defects or
irregularities have not been removed or remedied, the Board shall state in the report
whether in its opinion the defects or irregularities can be regularised, and if so, by what
method, and if they do not admit of being regularised, whether they can be condoned,
and if so, by what authority. The Board shay also state whether the amounts to which
the defects or irregularities relate should in its opinion be surcharged or charged as
hereinafter provided.
(5) The Authority may, after considering the report of the Board and after making such
further enquiry as it considers necessary, disallow any time which appears to it to be
contrary to law and surcharge the same on the person making or authorising the making
of thy, illegal payment, and may charge against any person responsible therefor the
amount or any deficiency or loss caused by the gross negligence or misconduct of that
person, or, any sum received, which ought to have been, but is not, brought into
accounts, by that person, and-

(a) if the person on whom the surcharge or charge is made be a member, direct the
Board to proceed against him in the manner provided in subsections (2) and (3) of
section 151; and

(b) if the person on whom the surcharge or charge is made is not a member, then after
taking his explanation direct by order in writing that such person shall pay to the
Panchayat the amount surcharged or charged, and if the amount is not so paid within
one month, the State Government may recover as arrears of land revenue and credit it
to the Panchayat fund.

(6) Any person aggrieved by an order of surcharge or charge made under this section
may, within one month from the receipt by him of the decision of the State Government,
apply in Greater Bombay to the City Civil Court, and elsewhere, to the District Court to
modify or set aside such order; and the Court after taking such evidence as it thinks
necessary, may confirm, modify or remit such surcharge or charge and make such
order as to costs as it thinks proper in the circumstances. The order made by the Court
shall be final,
149. Execution of works in case of emergency. - (1) In cases of emergency, the
Board may provide for the execution of any work or the doing of any act which a
Panchayat is empowered to execute or do, and the immediate execution or doing
whereof is, in its opinion, necessary for the health or safety of the public, and may direct
that the expense of executing the work or doing the act shall be forthwith paid by the
Panchayat:
Provided that, the Board may direct the Panchayat to pay the amount of actual
expenses or an amount not exceeding 10 per cent of the annual income of the
Panchayat for the year immediately preceding, whichever is less.
(2) If the expenses are not so paid, the Board may, by order, direct the person in whose
custody the Panchayat fund is kept to pay such expense or so much thereof as is
possible, from the balance of such fund in his hands, and such person shall comply with
such directions. Any payment made pursuant to such order shall be a sufficient
discharge to such person from all liability to the Panchayat in respect of the sum so
paid.
150. Panchayat to conform to instructions given by Board. - A Panchayat shall
conform to any instructions that may, from time to time, be given by the Authority or
Board, in the execution by the Panchayat of its duties and functions under this Chapter.
151. Liability of members for loss, waste or misapplication. - (1) Every member of a
Panchayat shall be personally liable for the loss, waste or misapplication of any money
or other property of the Panchayat to which he has been party or which has been
caused or facilitated by his misconduct, gross neglect of his duty as a member.
(2) If after giving the member concerned a reasonable opportunity for showing cause to
the contrary, the Board is satisfied that the loss, waste or misapplication of any money
or other property of the Panchayat is a direct consequence of misconduct or gross
neglect on his part, the Board shall by order in writing direct such member to pay to the
Panchayat before a fixed date, the amount required to reimburse it for such loss, waste
or misapplication.
(3) If the amount is not so paid, it shall be recoverable as arrears of land revenue on a
certificate of an officer appointed by the State Government in this behalf and when
recovered, the Board shall credit it to the Panchayat fund.
(4) Any person aggrieved by the decision of the Board under this section may apply to
the Court as provided in sub-section (6) of section 148, within the like time for redress of
his grievance and that Court may pass any order thereon which it can pass under that
section.
152. Entry for purposes of this Chapter. - It shall be lawful for any person authorised
by a Panchayat in this behalf to enter into or upon any building or land in a slum
improvement area for the purposes of exercising any powers conferred or duties
imposed on the Panchayat, and to execute necessary works authorised by or under this
Chapter.

Other powers of the Authority under this Chapter

153. Powers of inspection - The Authority may, by general or special order, authorise
any person,-

(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any
building or land in a slum improvement area and in his discretion, to cause the ground
to be opened for the purpose of preventing or removing any nuisance arising from the
drain, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be;

(b) to examine works under construction in a slum improvement area, to take levels or
to remove, test, examine, replace or read any metre.

After such inspection and taking necessary action for preventing or removing the
nuisance, if any, the ground and other works which are opened shall be filled in,
reinstated or made good, as the case may be.
154. Power to enter land adjoining land where work is in progress. - (1) Any person
authorised by a Board in this behalf may, with or without assistants or workmen, enter
on any land within one hundred metres of any work authorised by or under this Chapter
for the purpose of depositing thereon any soil, gravel, stone or other materials, or for
obtaining access to such work or for any other purposes connected with the carrying on
of the same.
(2) The person so authorised shall, before entering on any land under subsection (1)
state the purpose thereof, and shall, if so required by the occupier or owner, fence off so
much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do
as little damage as may be and compensation shall be payable by the Board on behalf
of the Authority to the owner or occupier of such land or to both for any such damage,
whether permanent or temporary.
155. Power to enter any place. - It shall be lawful for any person authorised in writing
by a Board in this behalf to make an entry into any place, to open or cause to be
opened gate or any door, other barrier-

(a) if he considers the opening thereof necessary for the purpose of such entry; and

(b) if the owner or occupier is absent, or being present, refuses to open such door, gate
or barrier.

156. Occupier's or owner's consent ordinarily to be obtained. - Save as provided in

this Chapter, no building or land shall be entered without the consent of the occupier or,
if there be no occupier, of the owner thereof, and no such entry shall be made without
giving such occupier or owner, as the case may be, not less than twenty-four hours,
written notice of the intention to make such an entry:
Provided that, no such notice shall be necessary, if the place to be inspected is a shed
for cattle or a latrine, urinal or a work under construction.
157. Power to remove offensive or dangerous trades from slum improvement
areas. - A Board may, by order in writing, direct any person carrying on any dangerous
or offensive trade in a slum improvement area to remove the trade from that area within
such time as may be specified in the order:
Provided that, no order under this section shall be made unless the person carrying on
such trade has been given a reasonable opportunity of showing cause as to why the
order should not be made.
158. Penalties. - (1) Whoever fails to comply with any notice, order or direction issued
or given under this Chapter shall, on conviction, be punished with imprisonment for a
term which may extend to three months, or with fine which may extend to one thousand
rupees, or with both.
(2) Whoever commences or causes to be commenced any work in contravention of
section 112, or of any terms of conditions imposed under sub-section (3) of that section,
shall, on conviction, be punished with imprisonment for a term which may extend to six
months, and with fine which may extend to one thousand rupees.
(3) Whoever obstructs the entry of any person authorised by or under this Chapter to
enter into or upon any building or land or molests such person after such entry or incites
or instigates or abets such obstruction or molestation shall, on conviction, be punished
with imprisonment for a term which may extend to three months, and with fine which
may extend to one thousand rupees.
(4) If a person committing an offence under this Chapter is a company, every person
who at the time the offence is committed was in charge of, and was responsible to the
company for the conduct of the business of the company as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that, nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Chapter, if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
(5) Notwithstanding anything contained in sub-section (4) where an offence under this
Chapter has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part
of, any director or manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purposes of this section-

(a) "company" means a body corporate and includes a firm or other association of
individuals; and

(b) "director" in relation to a firm means a partner in the firm.

159. Cesser of corresponding law. - Where any area is declared to be a slum

improvement area, then as from the date of such declaration, the provisions of any law
corresponding to the provisions of this Act, in relation to the slum improvement area
shall, save as otherwise provided in this Chapter, cease to be in force in the slum
improvement area.
The provisions of this Chapter shall not be taken to effect any property rights in any of
the areas to which this Chapter applies; nor shall the provisions by or under this
Chapter of any amenities be deemed to legalise what is otherwise illegal by or under
any other law for the time being in force.

Chapter X

[Provisions of Loans]

160. Advance loans by Authority. - The Authority may advance loans for the purposes
of [purchase of any land developed by the Authority, or of purchase, on such terms as
the Authority may, with the approval of the State Government, determine, of any
building or tenement therein constructed by the Authority, or of construction of houses
on land developed by the Authority, or of improvement, renovation or carrying out any
extension to any house or but constructed on any Authority premises] to, -

(i) Co-operative societies;

(ii) societies registered under the Societies Registration Act, 1860;

(iii) public trusts registered under the Bombay Public Trusts Act, 1950;
(iv) local authorities;

(v) companies or occupiers of factories registered under any law for the time being in
force, for housing the employees of the company or workers of [factories; or]

[(vi) any individual.]

161. Terms and conditions for advancing of loans. - Loans under section 160 may
be advanced on such terms and conditions as may be determined by regulations.
162. Loan Advance Reserve Fund. - Notwithstanding anything contained in this Act,
there shall be a separate reserve fund maintained by the Authority called the Loan
Advance Reserve Fund for the purposes aforesaid. This fund shall be operated in such
manner as the Authority may with the previous approval of the State Government from
time to time determine.
163. Money borrowed for advancing loans not to be utilised for other purposes. -
Whenever any sum of money has been borrowed by the Authority for the purposes of
advance of loans, no portion thereof shall be applied to any. other purposes without the
pervious sanction of the State Government.
[163A. Assistance for obtaining loans from banks or finance institutions. - (1) In
order to enable the Authority to carry out any of its proposals, plans, schemes or
projects, the Authority may, on receipt of an application to that effect, assist co-
operative housing societies or members thereof or individual allottees, as the case may
be, in obtaining loans from a Co-operative Bank or a scheduled Bank or from a finance
institution for the purposes of purchase of any land developed by the Authority, or of
purchase of any building or a tenement therein constructed by the Authority or of
construction of houses on land developed by the Authority or for improvement,
renovation or carrying out any extension to any house or but constructed on any
authority premises or provision of any common amenities or facilities to the members of
co-operative societies.
(2) Assistance by the Authority to obtain a loan under sub-section (1) shall, in addition to
the usual terms and conditions laid down by a Co-operative Bank or a Scheduled Bank
or a finance institution in that behalf, also be subject to such additional terms and
conditions as may be determined by regulations.
(3) The terms and conditions of the grant of loan and of the mortgage deed to be
executed by the borrower in favour of the creditor Bank or the finance institution for the
purposes of loan shall be in consonance with the terms and conditions determined by
regulations as provided under sub-section (2) and any terms and conditions inconsistent
with the terms and conditions so determined shall be deemed to be void and
inoperative.
(4) For avoidance of doubt, it is hereby declared that nothing in this section shall
preclude the creditor Bank or the finance institution to take any action available to it
under the provisions of any other law for the time being in force for the recovery of its
dues under this section and that the provisions of. this section in that respect shall be in
addition to and not in derogation of such other provision of law.
Explanation. - For the purposes of this section, the expressions-
(a) "purchase of land" shall include obtaining land on lease on payment of any premium
or any other consideration;

(b) "Scheduled Bank" means a bank included in the Second Schedule to the Reserve
Bank of India Act, 1934;

(c) "finance institution" means any public finance institution, such as Housing and Urban
Development Corporation, Housing Development Finance Corporation, Life -Insurance
Corporation of India and General Insurance Corporation of India, which provide loans to
any individual or any co-operative housing society.]

Chapter XI

Control

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

suspend resolutions and orders. - (1) The State Government may from time to time
issue such directions or instructions as it may think fit in regard to finances and conduct
of business and affairs of the Authority or any Board and the Authority and such Board
shall be bound to follow and act upon these directions or instructions.
(2) (a) Without prejudice to the generality of the foregoing provision, if the State
Government is of opinion that the execution of any resolution or order of the Authority.or
of any Board is in contravention of, or in excess of, the powers conferred by or under
this Act or any other law for the time being in force, or is likely to lead to abuse or
misuse of or to cause waste of the Fund of the Authority, the State Government may, in
the public interest, by order in writing, suspend the execution of such resolution or
order. A copy of such order shall be sent forthwith by the State Government to the
Authority and its Chief Executive Officer and the Board concerned and its Chief Officer.

(b) On receipt of the order sent as aforesaid, the Authority, or the Board, as the case
may be, shall be bound to follow and act upon such order.

165. Power of State Government to order inquiries. - (1) The State Government
may, with a view to satisfying itself that the powers and duties of the Authority or any of
its Boards are being exercised and performed properly, at any time, appoint any person
or persons to make inquiries into all or any of the activities of the Authority or the
Boards, as the case may be, and to report to the State Government the result of such
inquiries.
(2) The Authority or the Board shall give to the person or persons so appointed all
facilities for the proper conduct of the inquiries and shall produce before such person Or
persons any document, account or information in the possession of the Authority or the
Board, which such person or persons demand for the purposes of the inquiries.
166. Reconstitution of Authority or Board. - (1) Notwithstanding anything contained
in this Act, the State Government, if it is of opinion that is expedient for any reason to
reconstitute the Authority or any Board which is duly constituted under this act, then it
may, by notification in the Official Gazette, direct that the Authority or Board specified in
the notification and functioning immediately before the date of such notification shall
cease to function, and reconstitute such Authority or Board as provided in section 6, or
as the case may be, section 18 of this Act.
(2) The opinion formed by the State Government under this section to reconstitute the
Authority or any Board shall be final and conclusive and shall not be called in question
in any court.
167. Default in performance of duty. - (1) If the State Government is satisfied that the
Authority or any Board has made default in performing any duty imposed on it by or
under this Act it may fix a period for the performance of that duty.
(2) If in the opinion of the State Government, the Authority or the Board fails or neglects
to perform such duty within the period so fixed for its performance, it shall be lawful for
the State Government, notwithstanding anything contained in section 6 or 18, to
supersede and reconstitute the Authority, or as the case may be, the Board in the
prescribed manner.
(3) After the supersession of the Authority or the Board and until it is reconstituted, the
powers, duties and functions of the Authority or Board under this Act, shall be exercised
and performed by the State Government or by such officer or officers as the State
Government may appoint for this purpose.
(4) Notwithstanding anything contained in this section, if the Authority is satisfied that
any Board is not performing any duty imposed on it by or under this Act to secure
efficient implementation thereof, the Authority may recommend to the State Government
that the Board may be dissolved. On receipt of such recommendation, the State
Government may dissolve the Board and either appoint an Administrative Officer to
exercise all the powers and perform all the duties of the Board or appoint another Board
to exercise such powers and perform such duties.
168. Power to appoint Administrator. - (1) If it appear to the State Government that
the Authority is unable to exercise the powers or perform or discharge the duties or
functions conferred or imposed upon it by or under this Act, or that majority of the
members has resigned or the term of office of the members has expired and the State
Government does not consider it expedient to reconstitute the Authority or fill the
vacancies, the State Government may, notwithstanding anything contained in section 6
or any other provision of this Act, by notification in the Official Gazette, in place of the
Authority constituted under section 6, appoint an Administrator for such period or
periods, as may be determined by the State Government. After the expiry of his term of
office the Administrator shall continue in office until the day immediately preceding the
date of the first meeting of the Authority, duly reconstituted in accordance with
provisions of section 6.
(2) The Administrator so appointed shall be deemed to constitute the Authority for the
time being, and shall exercise all the powers and perform and discharge all the duties
and functions conferred and imposed upon the Authority or any of its authorities,
members or officer, by or under this Act, or any other law for the time being in force.
(3) The Administrator shall receive such remuneration from the fund of the Authority,
and the other conditions of service shall be such, as the State Government may
determine.
(4) The Administrator may, subject to the general or special order of the State
Government, delegate any of the powers, duties and functions exercisable or to be
performed by him, to any officer or officers of the Authority specified in the order:
Provided that, nothing in this section shall affect the powers, duties or functions
entrusted to any Board under this Act.
169. Dissolution of Authority. - (1) The State Government may, by notification in the
Official Gazette, declare that, with effect from such date as may be specified in the
notification, the Authority shall stand dissolved:
Provided that, no such declaration shall be made by the State Government unless a
resolution to that effect has been moved in, and passed by, the Maharashtra Legislative
Assembly.
(2) With effect from the date specified in the notification under subsection (1)-

(a) all the members shall vacate their office;

(b) all properties, funds and dues which are vested in or realisable by the Authority shall
vest in, and be realisable, by the State Government;

(c) all liabilities enforceable against the Authority shall be enforceable against the State
Government to the extent of the properties, funds, and dues vested in, or realised by the
State Government.

(3) Nothing in this section shall affect the liability of the State Government in respect of
loans or debentures guaranteed under sub-section (5) of section 36.

Chapter XII

Miscellaneous

170. Annual and other reports. - (1) The Authority shall submit, in respect of each
year an annual report to the State Government, in such form and before such date in
the next succeeding year as the State Government may determine.
(2) The annual report, after it is approved by the State Government, shall be laid before
each House of the State Legislature, as far as possible before the expiry of the year
next succeeding the year to which it relates.
171. Other statements and returns. - The Authority shall also submit to the State
Government such statistics, returns, particulars, statements, documents or papers in
regard to any proposal, plan or project undertaken under this Act or relating to any
matter or proceedings connected with the working of the Authority at such time and in
such form and manner as may be determined by the State Government, or as the State
Government may from time to time direct.
172. Power of entry. - Without prejudice to any provisions regarding entry elsewhere in
any other provisions of this Act, it shall be lawful for any person authorised by the
Authority in this behalf to enter into, or upon any building or land for the purposes of this
Act, with or without assistants or workmen, in order to make any inquiry, inspection,
census, measurement, valuation or survey or to execute any work which is authorised
by or under this Act or which it is necessary to execute for any of the purposes of this
Act or of any notice, rule, regulation, order, proposal, plan or project, or any instrument
made thereunder:
Provided that no such entry shall be made between sunset and sunrise.
173. Notice of suit against Authority, etc. - No person shall commence any suit
against the Authority or against any member of the Authority or of any Board or of any
Panchayat or any officer or servant of the Authority or Panchayat or any person acting
under the orders of the Authority or Board, or Panchayat for anything done or purporting
to have been done in pursuance of this Act (including any contract thereunder), without
giving to the Authority, member, officer or servant or person two months previous notice
in writing of the intended suit and of the cause thereof, nor after six months from the
date of the act complained of.
And in the case of any such suit for damages, if tender of sufficient amends shall have
been made before the action is brought, the plaintiff shall not recover more than the
amount so tendered and shall pay all costs incurred by the defendant after such tender.
174. Members of Authority or Board of Panchayat, employees of Authority or
Panchayat to be public servants. - All members of the Authority or any Board or any
Panchayat and all employees of the Authority or Panchayat shall be deemed, when
acting or purporting to act in pursuance of any of the provisions of this Act to be public
servants within the meaning of section 21 of the Indian Penal Code.
175. Protection of action taken in good faith. - No suit, prosecution or other legal
proceedings shall lie against any members of the Authority or Board or Panchayat or
any employees of the Authority or Panchayat for anything which is in good faith done or
intended to be done under this Act, or any rule, regulation, order, proposal, plan or
project or any instrument made under this Act.
176. Power of prosecution. - Unless otherwise expressly provided, no court shall take
cognisance of any offence punishable under this Act except on the complaint of, or
upon information received from, the Authority or some person authorised by the
Authority by general or special order in this behalf.
177. Bar of Jurisdiction. - Save as otherwise expressly provided in this Act, no civil
court shall have jurisdiction in respect of any matter which the Authority or the Tribunal
is empowered by or under this Act, to determine; and no injunction or say shall be
granted by any court or other authority in respect of any action taken or to be taken in
pursuance of any power conferred or duty imposed by or under this Act.
178. Compounding offences. - (1) The Chief Executive Officer or any of the officers
who may be authorised by him in this behalf by general or special order may, either
before or after the institution of the proceedings, compound any offence punishable
under this Act.
(2) When an offence has been compounded, the offender, if in custody, shall be
discharged; and no further proceedings shall be taken against him in respect of the
offence compounded.
179. Authority to enforce certain contracts or agreements. - All contracts,
agreements and other instruments of whatever nature subsisting or having effect
immediately before the date of constitution of the Authority and to which an existing
Board was a party shall be of full force and effect against or in favour of the Authority
and may be enforced and acted upon fully and effectively as if instead of the existing
Boards, the Authority had been a party thereto or as if they had been entered into or
issued in favour of the existing Board for the purposes of the Authority.
180. Recovery of sums due to existing Board or Authority as arrears of land
revenue. - Notwithstanding anything contained in this Act, all sums payable to any
existing Board immediately before the appointed date or to the Authority by any person
or recoverable by it by or under the provisions of this Act and all charges and expenses
incurred in connection therewith shall, without prejudice to any other mode of recovery,
or otherwise provided by or under this Act, be recoverable as arrears of land revenue on
the application of the Authority.
181. Powers to delegate. - (1) The Authority may, by general or special order, delegate
any power exercisable by it or any function to be discharged or any duty to be
performed by it by or under this Act to any of its officers [or to any Board or to any
officers of the Board] on such terms and conditions as may be specified in such order.
[(2) The Authority may, by general or special order, delegate any power exercisable by
a Board by or under this Act to any of its officers or to any officers of the Board on such
terms and conditions as may be specified in such order.
(3) Notwithstanding anything contained in sub-section (1) or (2), the State Government
may, by order in writing, direct the Authority to delegate,-

(i) such of its powers and functions conferred or imposed on it by or under this Act to the
Board or such other authority or any officer of the Authority or of the Board; or

(ii) such of the powers and functions conferred or imposed on the Board by or under this
Act to such other authority or any officer of the Authority or of the Board,

as may be specified in the order, and it shall be duty of the Authority to follow and act
upon such order.]
182. Penalty for obstruction, etc. - If any person-

(a) obstructs, or molests any person with whom the Authority has entered into a
contract, in the performance or execution by such person of his duty or of anything
which he is empowered or required to do under this Act, or

(b) removes any mark set up for the purpose of indicating any level or direction
necessary to the execution of works authorised under this Act,

he shall, on conviction, be punished with imprisonment for a term which may extend to
three months or with fine which may extend to five hundred rupees or with both.
183. Removal of difficulty. - If any difficulty arise in giving effect to the provisions of
this Act, the State Government may, as occasion arises, by order do anything which
appears to it to be necessary for the purpose of removing the difficulty.

Chapter XIII

Rules, Regulations and Bye-Laws

184. Powers to make rules. - (1) The State Government may, by notification in the
Official Gazette, [prospectively or retrospectively with effect from such date, as it may
specify in such notification] for the purpose of carrying into effect the provisions of this
Act.
(2) In particular and without prejudice to the generality of the provisions of sub-section
(1), such rules, may provide for all or any of the following matters, namely :-

(i) for regulating the mode of recruitment including provisions for absorption or
promotion of persons already working in any Board and for providing terminal benefits
under sub-section (5) of section 19;

(ii) conditions to be prescribed under sub-section (1) including issue of debentures

under sub-section (2) of section 36;

(iii) the manner of maintenance of the books of account and the preparation of the
annual statement of accounts of the Authority under sub-section (1) of section 39;

(iv) the manner of service of the notice under the proviso to sub-section (1) of section
41;

(v) the manner of holding the inquiry by the Land Acquisition Officer and service of
notice on the owner of the land, under sub-section (5) of section 44;

(vi) the period within which the betterment charges proposed by the Authority to be
accepted by the person concerned, under sub-section (3) of section 54;

(vii) the rate on interest to be charged on any outstanding payment of the Authority
under sub-section (1) of section 55;

(viii) the rules subject to which the Authority may retain, lease, sell, exchange, or
otherwise dispose of any land, etc. under section 64;

(ix) the other manner in which a notice under sub-section (1) of section 66 may be given

(x) the manner of publication of notice under sub-section (4) of section 66;

(xi) [the penalty to be imposed] for default in the payment of rent or compensation under
Explanation II to section 66;

(xii) the rules subject to which the recovery of rent, compensation or damages may be
recovered as arrears of land revenue under sub-section (1) of section 67;

(xiii) the other matters in respect of which the Competent Authority shall have in powers
of the civil court under the Code of Civil Procedure, 1908, under section 69;
(xiv) the manner in which the rebate shall be claimed by, and paid to the Municipal
Corporation of Greater Bombay, under sub-section (2) of section 85;

(xv) regulating all matters connected with [the Mumbai Building Repairs and
Reconstruction fund] under sub-section (3) of section 86;

(xvi) regulating all matters connected with the Maharashtra Slum Improvement Fund,
under sub-section (2) of section 117;

(xvii) the manner in which the resignation shall be delivered by the member, Sarpanch
or Upa-Sarpanch of a Panchayat resigning his office, under section 126;

(xviii) prescribing notice to be given for moving no-confidence motion against the
Sarpanch or the Upa-Sarpanch, under sub-section (1) of section 127;

(xix) the intervals and the procedure for the meetings of the Panchayat, under section
128;

(xx) the powers to be exercised and functions to be performed by the Sarpanch and
Upa-Sarpanch, under section 129;

(xxi) the manner and the form in which every contract made and executed by the
Sarpanch on behalf of the Panchayat, under sub-section (2) of section 139;

(xxii) the form of the writ of demand under sub-section (2), the manner of distraint and
sale of moveable property under sub-section (4), and the form and manner in which a
written receipt for any amount recovered by the Panchayat shall be given under sub-
section (6), of section 140;

(xxiii) the custody in which the sums received by the Panchayat and the Panchayat fund
shall be kept, under section 142;

(xxiv) the date before which and the form in which the annual statement of the opening
balance in the Panchayat fund and the expenditure the Panchayat shall submit to the
Board under sub-section (1) and the form in which the accounts of the Panchayat shall
be kept by the Sarpanch and the date before and the form in which the annual
statement of accounts shall be sent to the Board by the Sarpanch under sub-section (3)
of section 144;

(xxv) the manner of supersession and reconstitution of the Authority, or as the case may
be, the Board under sub-section (2) of section 167;

(xxvi) levy fees for any of the purposes of this Act, and for refund of such fees.

(3) Except when rules are made for the first time, all rules made under this Act shall be
subject to the condition of previous publication.
(4) Every rule made under this Act shall be laid as soon as may be after it is made
before each House of the State Legislature while it is in session for a total period of
thirty days, which may be comprised in one session or in two successive sessions, and
if, before the expiry of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, and notify such decision in the Official Gazette,
the rule shall from the date of publication of such notification have effect only in such
modified form or be of no effect, as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.
185. Power to make regulations. - (1) The Authority may, from time to time, with the
previous sanction of the State Government, make regulations, consistent with this Act
and the rules made thereunder, and for all or any of the matters which have to be or
may be, prescribed or provided by regulation under any of the provisions of this Act.
(2) If it appears to the State Government that it is necessary or desirable for carrying out
the purposes of this Act to make any regulations in respect of matters specified in sub-
section (1) or to amend any regulation made under that sub-section the State
Government may call upon the Authority to make such regulation or, amendment within
such time as it may specify. If the Authority fails to make such regulation or amendment
within the time specified, the State Government itself may make such regulation or
amendment and the regulation or the amendment so made shall be deemed to have
been duly made by the Authority under sub-section (1).
186. Power to make Bye-laws. - (1) The Authority may make Bye-laws, not
inconsistent with this Act or any rule or regulation, which may be necessary or
expedient for the purpose of carrying out its duties and functions under this Act.
(2) No Bye-law made by the Authority shall come into force until it has been confirmed
by the State Government with or without modification.
(3) All Bye-laws made under this section shall be published in the Official Gazette by the
Authority.
187. Penalty for contravention of Bye-laws. - Whoever contravenes a Bye-law made
under section 186 shall, on conviction, be punished with imprisonment for a term which
may extend to six months or with fine which may extend to one thousand rupees or with
both.

Chapter XIV

Repeal and Savings

188. Repeal and savings. - (1) On and from the appointed day-

(a) the Bombay Housing Board Act, 1948, as in force in the Bombay and Hyderabad
Area of the State;

(b) the Madhya Pradesh Housing Board Act, 1950, as in force in the Vidarbha Region of
the State;
(c) the Bombay Building Repairs and Reconstructions Board Act, 1969; [and]

(d) the Maharashtra Slum Improvement Board Act, 1973; [**]

(e) [* * * * * *]

shall stand repealed:

Provided that, the repeal shalt not affect -

(a) the previous operation of any law so repealed or anything duly done or suffered
thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law
so repealed, or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed
against any law so repealed, or

(d) any investigation, proceedings, legal proceedings or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, proceedings, legal proceedings or remedy may be

instituted, continued or enforced and any such penalty, forfeiture or punishment may be
imposed as if this Act had not been passed:
Provided further that subject to the preceding proviso and any saving provisions made
elsewhere in this Act, anything done or any action taken under the provisions of any law
so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provisions of this Act; and
shall continue to be in force accordingly unless and until superseded by anything done
or action taken under this Act;
(2) (a) Any reference in any law or in any instrument or other document to the provisions
of any law so repealed shall, unless a different intention appears, be construed as a
reference to the corresponding provisions of this Act;

(b) any reference in any law or in any instrument to any existing Board shall, unless a
different intention appears, be construed as a reference to the Authority and such law or
instrument shall apply to the Authority.

189. Consequences of repeal. - With effect from the appointed day, without prejudice
to the generality of the provisions of the provisos to sub-section (1) of section 188, the
following consequences shall, unless the State Government by a general or special
order directs otherwise, ensue, that it is to say,-

(a) all properties, moveable and immoveable and interests of whatsoever nature and
kind therein which vested in an existing Board immediately before the appointed day
shall be deemed to be transferred to, and shall vest, without further assurance, in the
Authority subject to all limitations and conditions and rights or interests of any person,
body or authority in force or subsisting immediately prior to the appointed day;

(b) all rights, liabilities and obligations of an existing Board including those arising under
any agreement or contract shall be deemed to be the rights, liabilities and obligations of
the Authority;

(c) all sums due to an existing Board, whether under any contract or otherwise shall be
recoverable by the Authority, and for the purposes of such recovery, the Authority shall
be competent to take any measures or institute any proceedings which it would have
been open to the existing Board or any authority thereof to take or institute before the
appointed day;

(d) any fund vesting in an existing Board shall be deemed to be the fund of the
Authority;

(e) all contracts made with, and all instruments executed on behalf of, an existing Board
shall, subject to the provisions of section 179, be deemed to have been made with, or
executed on behalf of, the Authority, and shall have effect, accordingly;

(f) If, on the date of constitution of the Authority, any suits, appeals or legal proceedings
of whatever nature by or against any existing Board are pending, then such suits,
appeals or legal proceedings shall not abate, be discontinued or be in any way
prejudicially affected by reason of transfer to the Authority of the property, assets, rights
and liabilities of the existing Board, but the suits appeals or legal proceedings may be
continued, prosecuted and enforced by or against the Authority.

190. Maharashtra XLV of 1963 not to apply to Authority, etc. - The Maharashtra
Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and
Transfer) Act, 1963, shall not apply to the Authority duly constituted under the
Maharashtra Housing and Area Development Act, 1976, or to any land or building
belonging to or vesting in any such Authority.
191. Amendment of section 2 and 40 of Maharashtra XXXVII of 1966. - In the
Maharashtra Regional and Town Planning Act, 1966,-

[(a) in section 2, in clause (15), in paragraph (c), for sub-paragraph (ii), the following
sub-paragraphs shall be substituted, namely:-

"(ii) the Authority constituted under the Maharashtra Housing and Area Development
ACt, 1976;

(iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust
Act, 1936";].

(b) in section 40, in sub-section (1), after clause (a), the following clause shall be
inserted, namely :-
"(aa) appoint the Authority constituted under the Maharashtra Housing and Area
Development Act, 1976, or"

192. Amendment of Schedule I of Bombay LII of 1956. - In the Bombay Legislature

Members (Removal of Disqualifications) Act, 1956, in Schedule I, for entry 15, the
following entry shall be substituted, namely:-

"15. The office of a member of the Maharashtra Housing and Area Development
Authority (including the President and the Vice-President thereof) constituted under the
Maharashtra Housing and Area Development Act, 1976, or a member of any of the
Housing and Area Development Boards (including the Chairman and the Vice-Chairman
thereof) established under that Act, or a member of any Panchayat (including the
Sarpanch and Upa-Sarpanch thereof) established under that Act, by reason only of his
holding such office."

193. [Substitution of section 272 of C.P. and Berar II of 1950] Deleted by

Maharashtra 54 of 1977, Section 7.

First Schedule

[See sub-section (1) of section 44]

Principles for determination of the net average monthly income:

1. The Land Acquisition Officer shall first determine the gross rent actually derived by
the owner of land acquired, including any building on such land, during the period Of
five consecutive years referred to in sub-section (3) of section 44.
2. For such determination, the Land Acquisition Officer may hold any local inquiry and
obtain, if necessary, certified copies of extracts from the property tax assessment books
of the local authority concerned showing the rental value of such land.
3. The net average monthly income referred to in sub-section (3) of section 44 shall be
sixty per cent of the average monthly gross rent which shall be one-sixtieth of the gross
rent during the five consecutive years as determined by the Land Acquisition Officer
under paragraph 1.
4. Forty per cent of the gross monthly rental referred to above shall not be taken into
consideration in determining the net average monthly income but shall be deducted in
lieu of the expenditure which the owner of the land would normally incur for payment of
any property tax to the local authority, for collection charges, income tax or bad debts as
well as for works of repair and maintenance of the building, if any, on the land.
5. Where the land or any portion thereof has been unoccupied, or the owner has not
been in receipt of any rent for the occupation of the land during the whole or any part of
the said period of five years, the gross rent shall be taken to be income which the owner
would in fact have derived if the land had been leased out for rent during the said
period, and for this purpose the rent actually derived from the land during a period prior
to subsequent to the period during which it remained vacant or from similar land in the
vicinity shall be taken into account.
[Second Schedule

[See sub-section (1) of section 82]

I. The rates at which cess under Chapter VIII of this Act shall be levied on buildings and
lands :-
Serial No. Buildings Buildings Buildings
classified as classified as classified as
belonging to belonging to belonging to
Category 'A' Category 'B' Category 'C'
1 2 3 4
1 Where a building is not At the rate of 87 At the rate of 63 At the rate of 39
structurally repaired (or is per cent of the per cent of the per cent of the
not deemed to be so rateable value of rateable value of rateable value of
repaired) by the Board. the building. the building. the building.
2 Where a building is
structurally repaired (or is
deemed to be so repaired)
by the Board and-
(i) the Board has At the rate of 195 At the rate of 132 At the rate of 75
contributed towards the per cent of the per cent of the per cent of the
cost of the repairs, at the rateable value of rateable value of rateable value of
rate upto three hundred the building. the building. the building.
rupees per square metre;
(ii) the Board has At the rate of 390 At the rate of 270 At the rate of 150
contributed towards the per cent of the per cent of the per cent of the
cost of the repairs, at the rateable value of rateable value of rateable value of
rate exceeding three the building. the building. the building.
hundred rupees per square
metre but not exceeding
five hundred rupees per
square metre;
(iii) the Board has At the rate of 585 At the rate of 405 At the rate of 225
contributed towards the per cent of the per cent of the per cent of the
cost of the repairs, at the rateable value of rateable value of rateable value of
rate exceeding five hundred the building. the building. the building.
rupees per square metre but
not exceeding seven
hundred and fifty rupees
per square metre.
II. Where any part or parts of a building is or are used for non-residential purposes, the
rate of the cess to be levied and paid in respect of such part or parts shall be double the
rate of cess payable for that part or those parts if they were used for residential
purposes.]

[Third Schedule

[See section 103-1(3)]

Scale showing the percentage of built-up area to be reserved by the co-operative

society for allotment by the Board

In building reconstructed for In building reconstructed for

mixed use i.e. residential and residential use
commercial
Surplus area Built-up area Surplus area Built-up area
to be reserved to be reserved
(1) (2) (3) (4)
Up to 40 per Nil Up to 50 per Nil
cent cent.
Up to 45 per 5 per cent. Up to 55 per 5 per cent.
cent cent.
Up to 55 per 10 per cent. Up to 65 per 10 per cent.
cent cent.
Up to 60 per 15 per cent. Up to 70 per 15 per cent.
cent cent.
Up to 65 per 20 per cent. Up to 75 per 20 per cent.
cent cent.
Up to 70 per 25 per cent. Up to 80 per 25 per cent
cent cent.
Up to 80 per 30 per cent Up to 90 per 30 per cent.
cent cent.
Up to 85 per 35 per cent. Up to 95 per 35 per cent.
cent. cent.
Up to 90 per 40 per cent. above 95 per 40 per cent.
cent cent.
above 90 per 50 per cent. ….. …....]
cent.

Notifications
G.N.H.D. No. MTG 2005/CR-101/(Part-III)/R & R-1 dated 16th September 2008 (M.G.
Part IV-B Pages 1001) - In exercise of the powers conferred by clause (a) of sub-
section (3) of section 88 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977), the Government of Maharashtra hereby specifies rupees
two thousand to be the structural repairs cost per square metre for the purposes of the
said clause (a).
G.N., P.W. & H.D., No. MHA. 1077/(3)/Desk-44, dated 3rd December, 1977 (M.G.,
1978, Part IV-B, Pages 34) - In exercise of the powers conferred by sub-section (3) of
section 1 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra
XXVIII of 1977), the Government of Maharashtra hereby directs [that-

(a) the said Act, excluding Chapter VIII, shall come into force in the whole of the State of
Maharashtra, and

(b) Chapter VIII shall come into force in the City of Bombay with effect from the 5th day
of December 1977.]

G.N., P.W. & H.D., No. ARD. 1077/(1)/Desk-44, dated 5th December, 1977 (M.G.
1978, Part IV-B, Pages 39) - In exercise of the powers conferred by section 3 of the
Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977),
the Government of Maharashtra hereby establishes for securing the objectives and the
purposes of the said Act an Authority to be called the Maharashtra Housing and Area
Development Authority, and in pursuance of the provisions of sub-section (3) of section
6 of the said Act, the Government of Maharashtra hereby publishes the names of the
following members appointed under sub-section (2) of the said section 6 to constitute
the Authority namely: -
[(1) Shri Bhausaheb S. Surve, Minister for President, Part time under sub-section (2)
Housing. of section 6]
(2) Shri S. S. Tinaikar Vice-President, Full time under sub-
section (2) of section 6.
(3) Secretary to Government (Urban Ex-officio member under clause (a) of
Development) in Urban Development and sub-section (2) of section 6.
Public Health Department, Mantralaya,
Bombay.
[(4) Director, Town Planning Department, Ex-officio Member under clause (a) of
Pune sub-section (2) of section 6.]
(5) Shri P. M. Apte, Chief (Projects), Member appointed by the Government of
Housing and Urban Development Maharashtra under clause (b) of sub-
Corporation, New Delhi. section (2) of section 6.
(6) Chairman, Maharashtra Co-operative Member appointed by the Government of
Housing Finance Society Ltd., Bombay. Maharashtra under clause (b) of sub-
section (2) of section 6.
 (7) Shri Shankarrao N. Mohite-Patil. Member appointed by the Government of
Maharashtra under clause (b) of sub-
section (2) of section 6.
(8) Shri R. S. Gavai Member appointed by the Government of
Maharashtra under clause (b) of sub-
section (2) of section 6.
(9) Shri D. V. Rangnekar Member representing the Employees of
the Authority under clause (b) of sub-
section (2) of section 6.
G.N., H. & S.A.D. No. MHA. 1091/379/D-III, dated 10th January, 1992 (M.G. Part IV-
B, Pages 1254) - Whereas the Government of Maharashtra has under Government
Notification Housing and Special Assistance Department, No. MHA. 1091/3791D-III,
dated 24th October, 1991, notified the name of Shri Ajit Warty, as the full-time Vice-
President and Chief Executive Officer of the said Authority and published his name as
required by sub-section (3) of section 6 of the Act;
And whereas, the Government of Maharashtra has appointed Shri Ajay Dua, as the
Vice-President and Chief Executive Officer of the said Authority with effect from 26th
December, 1991; Now therefore, in exercise of the powers conferred by sub-section (3)
of section 6 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra
XXVIII of 1977) (hereinafter referred to as "the said Act") and of all the powers enabling
it in this behalf, the Government of Maharashtra hereby deletes the name of Shri Ajit
Warty, as the Vice-President and Chief Executive Officer of the said Authority and in his
place appoints Shri Ajay Dua, as Vice-President and Chief Executive Officer of the said
Authority with effect from 26th December, 1991 and herewith publishes his name, as
required by sub-section (3) of section 6 of the said Act.
All other names mentioned in the said Notification remain the same.
G.N., P.W. & H.D., No ARD. 1077/(2)/D-44(1), dated 5th December, 1977 M.G., 1978,
Part IV-B, Pages 40) - In exercise of the powers conferred by clause (a) of sub-section
(1), sub-section (2) and sub-section (6) of section 18 of the Maharashtra Housing and
Area Development Act, 1976 (Maharashtra XXVIII of 1977), the Government of
Maharashtra hereby establishes, for the Bombay area, the Board to be known as "the
Bombay Housing and Area Development Board" and in pursuance of the provisions of
subsection (4) of section 18 of the said Act, the Government of Maharashtra hereby
publishes the names of the following members appointed to constitute the Bombay
Housing and Area Development Board, namely:-
(1) Dr. V. K. Toraskar Chairman under sub-section (2) of section
18 (Part-time).
(2) Shri D. V. Deshpande Vice-Chairman under sub-section (2) of
section 18 (Full-time).
(3) Shri Totaram K. Karira Member appointed under sub-section (2)
of section 18.
(4) Shri Datta Nalawade Member appointed under sub-section (2)
of section 18.
 (5) Shri Tabhjibhai G. Solanki Member appointed under sub-section (2)
of section 18.
(6) Shri P. Savlaram Member appointed under sub-section (2)
of section 18.
(7) Shri Ravinder N. Rawoot Member appointed under sub-section (2)
of section 18.
(8) Shri J.K. D'souza Member appointed under sub-section (2)
of section 18.
(9) Shri Annasaheb P.Patil Member appointed under sub-section (2)
of section 18.
(10) Shri S.E. Hassnain Member appointed under sub-section (2)
of section 18.
(11) Shri G.D. Taskar Member appointed under sub-section (3)
of section 18.
(12) Shri J.B. Bodhe Member appointed under sub-section (3)
of section 18.
(13) Municipal Commissioner, Greater Ex-officio Member under sub-section (2)
Bombay Municipal Corporation Bombay. of section 18.
[(14) Chief Engineer, Public Works, Ex-officio Member under sub-section (2)
Bombay Region, Bombay. of section 18.
(15) Member-Secretary, Housing Urban Ex-officio Member under sub-section (2)
Renewal and Ecology Board, Bombay of section 18.]
Metropolitan Regional Development
Authority, Bombay.
G.N., P.W & H.D. No. ARD. 1077/(2)/D-44(ii), dated 5th December, 1977 (M.G., 1978,
Part IV-B, Pages 42) - In exercise of the powers conferred by clause (b) of sub-section
(1), sub-section (2) and sub-section (6) of section 18 of the Maharashtra Housing and
Area Development Act, 1976 (Maharashtra XXVIII of 1977), the Government of
Maharashtra hereby establishes, for the Vidarbha Region, the Board to be known as the
Nagpur Housing and Area Development Board" and in pursuance of the provisions of
sub-section (4) of section 18 of the said Act, the Government of Maharashtra hereby
publishes the names of the following members appointed to constitute the Nagpur
Housing and Area Development Board, namely:-
(1) Shri K. G. Deshmukh Chairman under sub-section (2) of section
18 (Part time).
(2) Shri Rambhau B. Lingade Vice-Chairman under sub-section (2) of
section 18 (Part-time).
(3) Shri Eknathrao Salwe Member appointed under sub-section (2)
of section 18.
 (4) Shri Navalchand Toksia Member appointed under sub-section (2)
of section 18.
(5) Shri B. B. Nikhade Member appointed under sub-section (2)
of section 18.
(6) Dr. M. S. Wasnik Member appointed under sub-section (2)
of section 18.
(7) Shri Ram B. Lanjewar Member appointed under sub-section (3)
of section 18.
(8) Divisional Commissioner, Nagpur Ex-officio Member under sub-section (2)
Division, Nagpur of section 18.
(9) Deputy Director of Town Planning, Ex-officio Member under sub-section (2)
Nagpur. of section 18.
(10) Municipal Commissioner, Nagpur Ex-officio Member under sub-section (2)
Municipal Corporation, Nagpur. of section 18.
G.N, P.W. & H.D., No. ARD. 1077/(2)/D-44(iii), dated 5th December, 1977 (M.G.,
1978, Part IV-B, Pages 43) - In exercise of the powers conferred by clause (c) of sub-
section (1) sub-section (2) and sub-section (6) of section 18 of the Maharashtra Housing
and Area Development Act, 1976 (Maharashtra XXVIII of 1977), the Government of
Maharashtra hereby establishes, for the Aurangabad area, the Board to be known as
"the Aurangabad Housing and Area Development Board" and in pursuance of the
provisions of sub-section (4) of section 18 of the said Act, the Government of
Maharashtra hereby publishes the names of the following members appointed to
constitute the Aurangabad Housing and Area Development Board, namely:-
(1) Shri Sayajirao T. Pandit Chairman under sub-section (2) of section
18 (Part-time).
(2) Shri Vilas Murlidhar Lonari Vice-Chairman under sub-section (2) of
section 18 (Part-time).
(3) Shri. S. T. Pradhan Member appointed under sub-section (2)
of section 18.
(4) Shri Haribhau Jaware Member appointed under sub-section (2)
of section 18.
(5) Shri Shivajirao S. Patil Member appointed under sub-section (2)
Babhulgaonkar. of section 18.
(6) Shri Baburao Kondaji Patil Member appointed under sub-section (2)
Goregaonkar of section 18.
(7) Shri N. R. Sidam Member appointed under sub-section (2)
of section 18.
(8) Dr. Y. S. Khedkar Member appointed under sub-section (2)
of section 18.
 (9) Shri S. M. (Babubhai) Rathi Member appointed under sub-section (3)
of section 18.
(10) Shri Rohidas Chudaman Patil Member appointed under sub-section (3)
of section 18.
(11) Divisional Commissioner, Ex-officio Member under sub-section (2)
Aurangabad Division, Aurangabad. of section 18.
(12) Deputy Director of Town Planning, Ex-officio Member under sub-section (2)
Aurangabad. of section 18.
(13) Additional Chief Engineer, Public Ex-officio Member under sub-section (2)
Works & Housing Department, of section 18.
Aurangabad Region, Aurangabad.
G.N., P.W. & H.D., No. ARD. 1077/(2)/D-44(iv), dated 5th December, 1977 (M.G.,
1978, Part IV-B, Pages 44) - In exercise of the powers conferred by clause (d) of sub-
section (1), sub-section (2) and sub-section (6) of section 18 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), the
Government of Maharashtra hereby establishes, for the Pune area, the Board to be
known as "the Pune Housing and Area Development Board" and in pursuance of the
provisions of sub-section (4) of section 18 of the said Act, the Government of
Maharashtra hereby publishes the names of the following members appointed to
constitute the Pune Housing and Area Development Board, namely:-
(1) Shri Ravindra S. More Chairman under sub-section (2) of section
18 (Part-time).
(2) Shri Namdeorao Vatkar Vice-Chairman under sub-section (2) of
section 18 (Part-time).
(3) Shri Baburao R. Kotwal Member appointed under sub-section (2)
of section 18.
(4) Shri Navnitbhai Barshikar Member appointed of section 18.
(5) Shri Vilasrao B. Shinde Member appointed of section 18.
(6) Smt. Shailaja C. Shitole Member appointed of section 18.
(7) Shri N. N, Kanna Member appointed of section 18.
(8) Shri R. A. Parvate Member appointed of section 18.
(9) Dr. V. M. Dandekar Member appointed of section 18.
(10) Divisional Commissioner, Pune Ex-Officio Member under sub-section (2)
Division, Pune. of section 18.
[(11) Deputy Director of Town Planning, Ex-Officio Member under sub-section (2)
Pune Division, Pune. of section 18.]
(12) Municipal Commissioner, Pune Ex-Officio Member under sub-section (2)
Municipal Corporation, Pune. of section 18.
G.N., H. & S.A.D., No. MHA. 1085/871/D-III, dated the 25th October, 1988 (M. G.,
Part IV-B, Pages 1047) - Whereas, the Government of Maharashtra has under
Government Notification, Housing and Special Assistance Department No. MHA.
1085/871/D III, dated 19th August, 1988, notified the name of Prof. Janardan C.
Chandurkar, M.L.A., Bombay, appointed as the part-time Chairman of the Bombay
Housing and Area Development Board, Bombay (hereinafter referred to as "the said
Board");
And whereas, the Government of Maharashtra has under Government Notification,
Housing and Special Assistance Department, No. MHA. 1085/871/D-111, dated 17th
October, 1988, notified the names of following persons as the full-time Vice-Chairman
and Chief Officer and other Official members of the said Board and published their
names as required by sub-section (4) of the said section 18 of the said Act, namely:-
(1) Shri Ganesh Walavalkar Vice-Chairman (full-time) and Chief
Officer appointed under sub-sections (2)
and (6) of section 18.
(2) Divisional Commissioner, Konkan Ex-Officio Member appointed under sub-
Division, Bombay. section (2) of section 18.
(3) Deputy Director of Town Planning, Ex-Officio Member appointed under sub-
Bombay. section (2) of section 18.
(4) Municipal Commissioner, Greater Ex-Officio Member appointed under sub-
Bombay. section (2) of section 18.
Now, therefore, in exercise of the powers conferred by section 18 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) and all other
powers enabling it in this behalf, the Government of Maharashtra hereby appoints the
persons mentioned below as the non-official members of the said Board and publishes
their names as require by sub-section (4) of the said section 18 of the said Act, where
upon the said Board shall be reconstituted, consisting of the following persons namely:-
(1) Shri R. R. Singh Member appointed under sub-section (2)
of section 18.
(2) Shri Bhagwanrao Yadav Member appointed under sub-section (2)
of section 18.
(3) Shri Shankarrao Jadhav Member appointed under sub-section (2)
of section 18.
(4) Shri Ashokrao Bote-Patil Member appointed under sub-section (2)
of section 18.
(5) Shri Shankarrao Shinde Member appointed under sub-section (2)
of section 18.
(6) Shri Vishnu Ohal Member appointed under sub-section (2)
of section 18.
(7) Shri Balasaheb Hande Member appointed under sub-section (2)
of section 18.
 (8) Shri Manohar Nare Member appointed under sub-section (2)
of section 18.
(9) Shri V. D. Desai Member appointed under sub-section (3)
of section 18.
(10) Shri Sadanand Danait Member appointed under sub-section (3)
of section 18.

[Form (I)]

(See rule 7)

Application for Debentures

Series (per cent)

Years .........................

To
The Chief Executive Officer,
Maharashtra Housing and Area Development Authority,
Bombay 400 051.
Dear Sir,
Issue of ....................................................... years Debentures. Interest
................................................... per cent. Issue price ......................................................
per cent.
I/We hereby apply for debentures of the face value of Rs. of the above issue.
Debentures of the denominations noted below may kindly be issued for the amount
Denomination Number of Amount
Bonds
Rs. Rs.
100
500
1000
5000
10000
25000
50000
100000
Total
I/We send herewith/have paid a deposit of Rs. ................................... (Rupees
...................................................... only), through ............................. for the debentures
applied for.
I/We undertake to accept debentures for the same or for any lesser amount, The
interest may be made payable at-
(1)
........................................................................................................................................
(2)
........................................................................................................................................
(3) At the Maharashtra Housing and Area Development Authority's Office, Bombay.
(By presenting the debentures on the due dates)
Note. Strike the portions not required.
Name/Names in full
............................................................................................................................

(in Block letters)

Address in full
............................................................................................................................................
...................................
Date:

Yours faithfully,
Signature.

Notes :

(1) The names in which the debentures are required should be mentioned in block
letters. If the debentures are to be held in joint names, the order in which the names are
to be written should be given. In the case of a registered body the debentures will be
issued in the name of the body itself.

(2) Specific mention should be of the Bank or Bank Office and the place where the
interest on debenture is to be drawn.

[(Form II)

[See rule 9(5A)]

Form of Public Notice for Notifying The Loss, Theft, etc. of Debentures

Public Notice

*Lost/Stolen/Destroyed/Mutilated/Defaced Debentures
The Maharashtra Housing and Area Development Authority Debentures (Series),
bearing No. ................................... originally standing in the name of Shri
.......................... and last endorsed in the name of the claimant having been
*lost/stolen/destroyed/mutilated/defaced, notice is hereby given that an application is
being made by the claimant to the Maharashtra Housing and Area Development
Authority for issue of duplicate debentures in favour of the claimant. The members of
public are, therefore, hereby cautioned against purchasing or otherwise in a any other
way dealing with the above mentioned debenture.
Name of the Claimant .........................................................................................
Place of Resident .................................................................................................]
* Strike out which is not applicable
G. N., H. & S. A. D., No. MHA.1087/(1457)/D-III, dated the 13th May, 1988 (M. G.,
Part IV-B, Pages 491) - In exercise of the powers conferred by section 41 of the
Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977)
the Government of Maharashtra hereby appoints Shri G. S. Pantbalekundri, Senior
Planner, Prime Minister's Grant Project, as Ex-officio Deputy Secretary to the
Government of Maharashtra, Housing and Special Assistance Department, for the
purposes of exercising the powers under section 41 of the said Act.
G. N. No. MHA. 1294/1128/D-111, dated the 9th August, 1994 (M. G., Part IV-B,
Pages 654) - In exercise of the powers conferred by section 41. of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), the
Government of Maharashtra hereby notifies the Additional Collector for (Encroachment)
and Controller of Slum, Bombay and Bombay Suburban District, Old Custom House,
Bombay 400 023 as ex-officio Deputy Secretary and Competent Authority to
Government of Maharashtra, Housing and special Assistance Department for the
purposes of exercising the powers under section 41 of the said Act.
This notification, supercedes the Government Notification, Housing and Special
Assistance Department, No. MHA. 1089/2275/D-XIII, dated the 7th June 1989 and shall
remain inforce until further orders.
G. N., H. & S. A. D., No. ARS 1288/CR-385/D-II, dated 19th August, 1988 (M. G., Part
IV-B., Pages 696) - Whereas, on a representation from the Prime Minister, Grant
Project/Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to enable that said Authority to discharge its
functions or to exercise its powers or to carry out its proposals and plans set out in Part
'I' of the Schedule hereto it is necessary that the lands with buildings specified in Part-II
thereof (hereinafter referred to as "the said land" with building) should be acquired;
As whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposes to acquire the said lands with building (if
any);
Now, therefore as required by the proviso to sub-section (1) of the section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column 3 of Part II of the Schedule hereto, who are the owner of
or who is in the opinion of the Government of Maharashtra are interested in the said
lands with existing buildings (if any) respectively mentioned in column 1 of the said Part-
II against them in show cause if any, within a period of thirty days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired? Any objections which may be received from any of the aforesaid persons
in respect of the said proposals before the expiry of the aforesaid period shall be
considered by the Ex-Officio Deputy Secretary, Housing and Special Assistance
Department and Secretary, Maharashtra Housing and- Area Development Authority,
Griha Nirman Bhavan, Bandra (E), Bombay 400 051.

Schedule

Part I

Reconstruction of the Building Nos. 25-27, 31-33, 35-37, 39-41 and 45-49 Umarkhadi
Road in 'B' Ward, bearing C. S. Nos. 1968, 1969, 1970, 1971(Pt) and 1972 of Mandvi
Division.

Part II

Description of land and Approximate area to Name and address of

buildings be acquired owner of land and
building
(1) (2) (3)
(1) 35-37, Umerkhedi C. S. No. 1970 Rambhau Daulat Puri,
Road, Mandvi Division. 182.92 sq. mtrs. The Rosario Co-op. Hng.
S. Ltd., Block 20, 6th
Floor, Ganga Bandi
Road, Mazgaon, Bombay
400 010.
(2) 39-41, Umerkhedi C. S. No. 1971(Pt.) Haji Jan Mohd. Haji
Road, Mandvi Division. 234.55 sq. mtrs. Deojibhai Jamal Trust, 5,
Jail Road, North X Lane,
Bombay 400 009.
(3) 45-49, Umerkhedi C. S. No. 1972 Smt. Kamlabai R.
Road, Mandvi Division. 417.22 sq. mtrs. Padwal, Ashok Niwas,
Nawroji Hill, Road, No.
5, Bombay 400 009.
G. N., H. & S. A. D., No. ARS. 1888/CR-4161D-II, dated the 19th October, 1988,
(M.G., Part IV-B, Pages 169) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its functions or to exercise its powers or to carry out its proposals, plans and
projects set out in Part 'I' of the Schedule hereto, it is necessary that the land specified
in Part thereof (hereinafter referred to as "the said land" with building) should be
acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 977) proposes to acquire the said land with existing
building (if any);
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of Part II of the Schedule hereto, who are the owner
of, or any other person who in the opinion of the Government of Maharashtra, are
interested in the said land with existing building (if any) respectively mentioned in
column (1) of the said Part II against them to show cause, if any, within a period of thirty
days from the date of publication of this notice in the Government of the Maharashtra
Government Gazette, why they should not be acquired any objections which may be
received by the Secretary, Maharashtra Housing and Area Development Authority,
Griha Nirman Bhavan, Bandra, (E) Bombay 400 051 from any of the aforesaid persons
in respect of the said proposals before the expiry of the aforesaid period shall be
considered by the Government.

Schedule

Part I

Reconstruction of Building Nos. 271-273C, 271A, 213-A, 213-B, 213-C, 269-C, 269, CB,
273A, 273-B, 267-B, 267-269A, 267 AB, Lower Parel Division, N. M. Joshi Marg,
G/South Ward, Bombay.

Part II

Description of land and Approximate Name and address of owner of

buildings area to be land and building
acquired and
C.S. No.
(1) (2) (3)
Building No, 271- 273C, 271-A, 3,457.39 sq, (1) Shri Sherar Jamshed Irani.
213-A, 213-B, 213-C, 269-C, mtrs. C. S. No. (2) Shri Kersap Gustad Irani.
269-CB, 273-A, 273-B, 267-B, 94. (3) Shri Jamshed Sheriar Irani.
267-269-A, 267-AB. (4) Shri Seriar Bazon Irani.
Lower Parel N. M. Joshi Marg, Trustees
G/South Ward, Bombay Naushir B. Irani, Sheth Kuteer,
2nd Dadisheth Road, Chowpati,
Bombay 400 007.
G.N., H. & S.A.D., No. ARS. 1382/1034/D-II, dated the 21st November, 1988 (M.G.,
Part IV-B, 1989 Pages 31) - Whereas, on a representation from the Bombay Housing
and Area Development Board it appears to the Government of Maharashtra that in
order to enable the said Board to discharge its function or to exercise its powers or to
carry out its proposals, plans or projects set out in Part-I of the Schedule hereto it is
necessary that the lands with building specified in Part II thereof (hereinafter referred to
as "the said lands with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its Notice
No. ARS. 1382/1034/D-II, dated 10th February, 1982 published on page 156 of Part IV-
B, Maharashtra Government Gazette, dated the .18th February, 1982 and served in the
prescribed manner, called upon the person mentioned in column (3) of Part II of
Schedule hereto who is the owner of the said land with building mentioned in column (1)
of the said Part II against him, to show cause within a period of thirty days from the date
of the publication of the aforesaid notice in the Maharashtra Government Gazette
(hereinafter referred to as "the said period") why the said land with building should not
be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire, the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of Building Nos. 77 to 103, Sant Sena Maharaj and 2 to 2b-A Bhandari
Street on C. S. Nos. 3963 to 3975 and 3792 Bhuleshwar Division, C Ward, Bombay.

Part II

Description of land Approximate Name and address

and buildings area to be of owner of land
acquired and building
(1) (2) (3)
Building No. 2-4 63.55 sq. Shri. Ramchandra
Bhandan Street. mtrs. Mansukhlal Mehta.
G.N., H. & S.A.D., No. ARS. 1379/30187/CR-69/D-II, dated the 21st November, 1988
(M.G., Part IV-B, 1989 Pages 34) - Whereas, on a representation from the Bombay
Housing and Area Development Board it appears to the Government of Maharashtra
that in order to enable the said Board to discharge its functions or to exercise its powers
or to carry out its proposals, plans or projects set out in Part I of the Schedule hereto it
is necessary that the lands with building specified in Part II thereof (hereinafter referred
to as "the said land with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
and Corrigendum No. ARS. 1379/30187/ CR-69-D-II, dated 19th May, 1981 and 23rd
November, 1981 published on pages 564 to 565 and 1882 of Part IV-B. Maharashtra
Government Gazette, Extraordinary Nos. 100 and 279, dated the 21st May, 1981, 27th
November, 1981 and served in the prescribed manner, called upon the person
mentioned in column (3) of Part II of the Schedule hereto who is the owner of the said
land with building mentioned in column 1 of the said Part II against him, to show-cause
within a period of thirty days from the date of the publication of the aforesaid notice in
the Maharashtra Government Gazette, (hereinafter referred to as "the said period") why
the said land with building should not be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire, the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of Building Nos. 3, 5, 5-A, 5-B, 12, 13, 14, 15 and 16 known of Boriki
Chawl, C. S. No. 605 of Bhuleshwar Division, Dadi Santok Lane, C-Ward Bombay.

Part II

Description of land Approximate Name and address

and buildings area of of owner of land
lands and building
proposed to
be acquired
(1) (2) (3)
5-A, 5-B, Dadi 217.71 sq. Shri Mukund V.
Santok Lane, C. S. mtrs. Kapadia
No. 605 of
Bhuleahwar
Division.
G.N., H. &. S.A.D., No. ARS. 1588/CR-684/D-II, dated the 28th November, 1988
(M.G., Part IV-B. 1989 Pages 62) - Whereas, on a representation from the Prime
Minister Grant Project/Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its functions or to exercise its powers' or to carry out its proposals and plans
set out in Part 'I' of the schedule hereto it is necessary that the lands with buildings
specified in Part II thereof (hereinafter referred to as "the said land" with building) should
be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977) proposes to acquire the said lands with building
(if any).
Now, therefore as required by the proviso to sub-section (a) of the section 41 of the
Maharashtra Housing and Area Development Act, 1976 notice is hereby given to
persons mentioned in column (3) of Part II of the schedule hereto, who are the owner of
or who is in the opinion of the Government of Maharashtra are interested in the said
lands with existing buildings (if any) respectively mentioned in column (1) of the said
Part II against them in show-cause, if any, within a period of thirty-days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired? Any objections which may be received by Ex-officio Deputy Secretary,
Housing and Special Assistance Department and Secretary, Maharashtra Housing and
Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051 from
any of the aforesaid persons with respect of the said proposal before the expiry of the
aforesaid period shall be considered by Government.

Schedule

Part I

Reconstruction of the building Nos. 53, 55, 57, 59, 61, (61-63), 63, 65, 67, 69, 71, (71-
73), 71-A, Kamathipura, 3rd lane, C. S. No. 920, 921, 922, 923, 924, 925, 926, 927,
928, 929, 930 and 70-A, 70, 68, 62, 56-58, 56-54, Kamathipura 2nd Lane C. S. Nos.
1/931, 931, 932, 933, 934, 935 Byculla Division,

Part II

Description of land and Approximate Name and address of owner of

buildings area of lands land and building
proposed to be
acquired
Plot Area
No. in Sq.
Mtrs.
(1) (2) (3)
1. Building No. 53, Kamathipura 920 96.99 Smt. P. S. Lamge, 53, 3rd
3rd Lane. Kamathipura Street, Bombay
400 008.
2. Building No. 55, Kamathipura 921 30.19 Smt. P. S. Lamge, 53, 3rd
3rd Lane. Kamathipura Lane, Bombay 400
008.
3. Building No. 57, Kamathipura 922 38.46 Shri M. J. Shetty, 57, 3rd
3rd Lane. Kamathipura Lane, Bombay 400
008.
4. Building No. 59, Kamathipura
3rd Lane.
5. Building No. 61, (62-63),
Kamathipura 3rd Lane.
6. Building No. 63, Kamathipura
3rd Lane.
7. Building No. 65, Kamathipura
3rd Lane.
8. Building No. 67, Kamathipura
3rd Lane.
9. Building No. 69, Kamathipura
3rd Lane.
10. Building No. 71, (71-73),
Kamathipura 3rd Lane.
11. Building No. 71-A. K.P. 3rd
Lane and Manaji Rajuji Road.
12. Building No. 70-A 2nd K.P.
Lane, (113-115, M.R. Road)
13. Building No. 70,
Kamathipura 2nd Lane.
14. Building No. 68,
Kamathipura 2nd Lane.
15. Building No. 62,
Kamathipura 2nd Lane.
923 2.76 Smt. Manikbai V. Bhusrath,
Bhusrath Wadi, Datta Mandir
Road, (Pipe Line), Vakola,
Santacruz (East), Bombay 400
055.
924 42.64 Shri Husainbhai N. E. Diwani,
Badri Mahal, D. N. Road,
Bombay 400 001.
925 24.25 Shri Umakant S. Manda, A/6,
Roas Blossom Housing Society,
Sitaladevi Temple Road, Mahim,
Bombay.
926 64.38 Shri D. S. Chilwan. 65, 3rd
Kamathipura Street, Bombay
400 008.
927 47.66 Shri G. G. Yelmane, Manaji
Building, Old Chikhalwadi,
Grant Road, Bombay 400 007.
928 105.35 Shri Waghee Mafatlal, Gopaldas
and Shri Waghela, Ashok
Mafatlal, 69, 3rd K. P. Street,
Bombay.
929 25.92 Shri V. S. Kalewar, 70, 3rd K. P.
Street, Bombay 400 008.
930 76.92 Shri P. N. Rajuji. 57, K. P.
Street, Bombay 400 008.
931 100.34 Shri Taherbhoy Fidahussein,
C/o. Luciy Trading Corporation,
272, Abdul Rahaman Street,
Bombay 400 003.
1/931 42.64 Shri Umakant S. Manda, A-6,
Roas Blossom Housing Society,
Sitaladevi Temple Road, Mahim,
Bombay 400 016.
932 69.4 Smt. R.Y. Ekkoldevi, Ajanta
Compounds Gauripada,
Bhiwandi, District Thane.
933 107.02 Shri G.G. Yelmane, Manaji
Road, Old Chikhaiwadi, Grant
Road, Bombay 400 007.
 16. Building No. 56-58 934 103.68 Smt. Laxmibai Ambaram, 58, 2nd
Kamathipura 2nd Lane. K.P. Street, Bombay 400 008.
17. Building No. 54-56, 935 117.06 Shri C.A. Lane, 56, 2nd K.P.
Kamethipura 2nd Lane. Street, Bombay 400 008.
G.N., H. & S.A.D., No. ARS. 1588/CR/727/D-II, dated the 3rd December, 1988 (M.G.,
Part IV-B, 1989 Pages 69) - Whereas, on a representation from the Prime Minister's
Grant Project, Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to enable the said Authority to discharge its
functions or to exercise its powers or to carry out its proposals and plans set out in Part
'I' of the schedule hereto, it is necessary that the lands with building as specified in Part-
II thereof (hereinafter referred to as "the said land" with building) should be acquired;
And whereas the Government of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), proposes to acquire the said lands with
building (if any);
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of Part II of the schedule hereto, who are the owner of
or who is in the option of the Government of Maharashtra are interested in the said
lands with existing buildings (if any) respectively mentioned in column (1) of the said
Part II against them in show cause, if any, within a period of thirty days, from the date of
publication of this notice in the Maharashtra Government Gazette why they should not
be acquired? Any objections which may be received by the Ex-officio, Deputy Secretary,
Secretary to the Government of Maharashtra in the Housing and Special Assistance
Department and Secretary, Maharashtra Housing and Area Development Authority,
Griha Nirman Bhavan, Bandra (East), Bombay 400 051, from any of the aforesaid
persons with respect of the said proposal before the expiry of the aforesaid period shall
be considered by the Government.

Schedule

Part I

Reconstruction of the building Nos. 104, 106-108, 110, 112, 114, K. P. 2nd St. and
Building Nos. 95, 99 K. P. 3rd St. and Building Nos. 91-A, 91, Suklaji Street, 'E' Ward
Bombay.

Part II

Description of land and Approximate area of Name and address of owner

buildings lands proposed to be of land and building
acquired
C.S. Area Sq.
No. Mtrs.
 (1) (2) (3)
1. Building No. 104, K. P. 2nd 64 141.3 Smt. Hawab Begam
Street. Kashmiri, 104, 2nd
Kamathipura Street, Bombay
400 008.
2. Building No. 106-108, K. P. 6362 57.6968.56 Shri Haji Israr Alam 62
2nd Street, (95, 3rd K. P. St.). 68.56 Madina Restaurant,
130, Suklaji Street, Bombay
400 008.
3. Building No. 110, K. P. 2nd 61 87.79 Shri Haji Israr Alam,
Street. Madina Restaurant, 130,
Suklaji Street, Bombay 400
008.
4. Building No. 112, K. P. 2nd 60 54.35 Shri Mohamed Anwar
Street. Qureshi, Block No. 8,
Transwal Terrace, Corner of
Grant Road and Falkland
Road, Bombay 400 008.
5. Building No. 114, K. P. 2nd 59 73.58 Mr. Momin Mohamed
Street (99, K. P. 3rd St.) Umar, Block No. 8,
Transwal Terrace Corner of
Grant Road and Falkland
Road, Bombay 400 008.
6. Building No. 91-A, Suklaji 581/58 147.99165.55 The Frontier Laundry, 1/58
Street, (2nd K. P. S.), Building 165.55 94, Suklaji Street,
No. 91, Suklaji Street (3rd K. Bombay 400 008.
P. St.).
G. N., H. & S.A.D., No. ARS. 1088/CR-728/Desk-II, dated the 3rd December, 1988
(M.G., Part IV-B, Pages 72) - Whereas, on representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals, plans and
projects, it is necessary that the land/lands with the buildings specified hereto
(hereinafter referred to as the land with building) should be acquired ;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with buildings;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column (3) of the Schedule hereto,
who are the owner of or who, in the opinion of the Government of Maharashtra, are
interested in column (2) of the said Schedule against them to show cause if any, within
a period of thirty days from the date of publication of the notice in the Maharashtra
Government Gazette, why they should not be acquired. Any objection which may be
received by the Ex-officio Deputy Secretary to Government of Maharashtra in the
Housing and Special Assistance Department and Secretary, Maharashtra Housing and
Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051, from
any of the aforesaid persons with respect of the said proposal before expiry of the
aforesaid period shall be considered by the Government.
Description of land and Approximate Name and address of owner
buildings area of lands of land and building
proposed to
be acquired
(1) (2) (3)
Sq. Mtrs.
1. 5, 3rd Koli Lane, 7, 9, 11, 78.6 (i) Smt. Prabhavati Kawal, 7,
Manekji St. on C.S. No. 260 9, 11 Manekji Street, 2nd
of Colaba Division. Floor, Colaba, Bombay 400
005.
(ii) Jagannath Nilkanth
Ganju, 3rd Koh Lane,
Colaba, Bombay 400 005.
Set forward area of 3rd Koli 23.53 Shri Govardhandas Liladhar,
Lane , C.S. No. 261 (pt.) of 267, Dr. Vigus Street, Chira
Colaba, Division. Bazar, Dhanji Malaji Mala,
IInd floor, Bombay 400 002.
G. N., H. & S.A.D., No. ARS. 1988/746/Desk-II, dated the 3rd December, 1988 (M.
G., Part IV-B, 1989 Pages 75) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its Function or to exercise its powers or to carry out its proposals and plans, it
is necessary That the lands with the buildings specified hereto (hereinafter referred to
as "the said Lands with building") should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977) proposes to acquire the said land with Buildings
(if any);
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of the Schedule hereto, who are the owner of or who,
in the opinion of the Government of Maharashtra are interested in the said land with the
buildings respectively mentioned in column (1) of the said Schedule against them to
show cause, if any within a period of thirty days from the date of publication of this
notice in the Maharashtra Government Gazette, why they should not be acquired. Any
objections which may be received from any of the aforesaid persons in respect of the
said proposal before the expiry of the aforesaid period shall be considered by the Ex-
Officio Deputy Secretary to Government and the Secretary, Maharashtra Housing and
Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051.

Schedule

Description of land and Approximate Name of the owners of land with

buildings area of lands building
proposed to be
acquired
(1) (2) (3)
Sq. Mtrs.
1. Building No. 14, C. S. 1002, 147.99 Shri Javat Aga and others
Mahim Division. building No. 14, Dana Gully,
Mahim, Bombay 400 016.
2. Building No. 15, C. S. No. Hakim Sayed Niyazali and
2/997, Mahim Division. others Building No. 15, Dana
57.69 Gully, Mahim, Bombay 400 016.
3. Building No. 30, C. S. No.
3/997, Mahim Division.
4. Building No. 16, C. S. No. 158.86 Kazi Noormohmad Bin and
3/997, Mahim Division. others. Building No. 16, Dana
Gully, Mahim, Bombay 400 016.
5. Building No. 17, C. S. No. 81.94 Sakharam Dhondiba Masurle
1009, Mahim Division. and others. Building No. 17,
Dana Gully, Mahim, Bombay
400 016
6. Building No. 17A, C. S. No. 103.68 Hakim Sayad Niyazali and
1010, Mahim Division. others, Building No. 17A, Gully,
Mahim, Bombay 400 016.
7. Building No. 17B, C. S. No. 67.73 Andraj Hansraj, House No. 17B,
3/997, Mahim Division. Dana Gully, Mahim, Bombay.
8. Building No. 161-163, Mahim 118.96 Shakoor Husain Ayub Shakoor,
Division. Building No. 161-163, Savarkar
Marg, Mahim, Bombay 400 016.
9.Building No. 165-167, C. S. 168.06 Khatijabhai Umar Abdul Karim,
No. 1011, Mahim Division. Building No. 165-167, Veer
Savarkar Marg, Mahim, Bombay
400 016.
G. N., H. & S.A.D., No. ARS. 1388/747/D-II, dated the 3rd December, 1988 (M.G.,
Part IV-B, 1889 Pages 79) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authorities, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its functions or to exercise its powers or to carry out its proposals, plans and
projects set out in Part I of the Schedule hereto it is necessary that the land specified in
Part II thereof (hereinafter referred to as "the said land" with building) should be
acquired;
And whereas, the/GOvernment of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with existing
building (if any);
Now, therefore, as required by the proviso to sub-Section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of Part II of the Schedule hereto, who are the owner
of' or who in the opinion of the Government of Maharashtra are interested in the said
land with existing building (if any) respectively mentioned in column (1) of the said Part
II against them to show cause, if any, within a period of thirty days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired, any objections which may be received by the Ex-officio Deputy Secretary
to the Government of Maharashtra, Housing and Special Assistance Department and
Secretary, Maharashtra Housing and Area Development Authority, Griha Nirman
Bhavan, Bandra, Bombay 400 051 from any of the aforesaid persons with respect of the
said proposal before the expiry of the aforesaid period shall be considered by the
Government.

Schedule

Part I

Urban Renewal Scheme at C. S. Nos. 275, 276, 277, 278, 279, 280, 281, 282 and 283
of Bhuleshwar Division, 4th Marine Street 'C' Ward, Bombay.

Part II

Description of land and Approximate Name of the landlord and Address

buildings area of lands
proposed to be
acquired
(1) (2) (3)
1. Building No. 46-48- C.S. No. 275 (i) Shri Lalji Chika Makanlalji,
50, 4th Marine Street. Area 210.70
(ii) Smt. Jamnabai, Room No. 22,
sq.m.
Building No. 48-50, 4th Marine Street,
Dhobi Talao, Bombay 400 002.
(iii) Shri Jagjivan Makan, 48, Marine
Street, Dobhi Talao, Bombay 400 002
 2. Building No. 42-44, C.S. No. 276 Shri Badri Prasad Sidgopal, Moose
4th Marine Street. Area 111.20 Building, 516, 2nd floor, Kalbadevi
sq.m. Road, Near Edward Cinema, Bombay
400 002.
3. Building No. 38-40, C.S. No. 277 Shri Vasant Hansari Shah and Shri
4th Marine Street. Area 161.37 Kantilal Shivraj Patel, 3/5, 4th Marine
sq.m. Street, Dhobi Talao, Bombay 400 002,
4. Building No. 34-36, C.S. No. 278- (i) Narayan Reddi, 34, 4th Marine Street,
4th Marine Street. 279, Area Dhobi Talao, Bombay 400 002.
120.40 sq.m.
(ii) Jethalal Meghji, 52, Trinity Street,
Bombay 400 002.
5. Building No. 32-32- C.S. No. 280 (i) Hajrabai
A, 4th Marine Street. Area 56.00
(ii) Narayan Das T. Dudhani, 21/321, No.
sq.m.
4, Sardar Nagar, Sion-Koliwada, Bombay
400 037.
6. Building No. 30, 4th C.S. No. 281 Smt. Amitaji Masani, 30-4th Marine
Marine Street. Area 61.87 Street, Dhobi Tala.o, Bombay 400 002.
sq.m.
7. Building No. 20, 4th C.S. No. 282, Yusuf Ahmed Butler, 3rd floor;
Marine Street. Area 73.49 Topiwalla Mansion, 95, Mohammed All
sq.m. Road, Bombay 400 003
8. Building No. 18, 4th C.S. No. 283 Sakinabai A. Rehman, Mohammed Yusuf
Marine Street. Area 65.22 Chawl-2, Wellington Street, Dhobi Talao,
sq.m. Bombay 400 002
G. N., H. & S.A.D., No. ARS. 1488/CR-9853/D-II, dated the 3rd December, 1988
(M.G., Part IV-B, 1989 Pages 106) - Whereas, on a representation from the Prime
Minister's Grant Project, Directorate, Maharashtra Housing and Area Development
Authority it appears to the Government of Maharashtra that in order to enable the said
Authority to discharge its functions or to exercise its powers or to carry out its proposals,
plans, it is necessary that the lands with building specified hereto (hereinafter referred to
as "the said lands with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its Notice
No. ARS. 1488/CR-9853/D-II, dated 25th February, 1988, published on pages 109 to
110 of Part IV-B, Maharashtra Government Gazette, Extraordinary No. 40, dated the
29th February, 1988 and served in the prescribed manner, called upon the person
mentioned in column (3) of the Schedule hereto who is the owner of the said land with
buildings mentioned in column (1) of the said Schedule against him, to show cause
within a period of thirty days from the date of the publication of the aforesaid notice in
the Maharashtra Government Gazette (hereinafter referred to as "the said period") why
the said land with building should not be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the, in powers conferred by sub-section (1) of section 41 of the
said Act, the Government of Maharashtra hereby decides to acquire the said land with
building in pursuance of the said section.

Schedule

Description of land and Approximate Name of the owner of the

buildings area of lands with buildings
lands
proposed to
be acquired
(1) (2) (3)
Building Nos. 1 to 11 5630.48 sq. Trustees, Harkisandas
G.S. No. 370 of Girgaon m. Narottamdas Hospital.
Division.
G. N., H. & S. A., No. ARS. 1888 774/Desk-II dated the 12th December, 1988 (M. G.,
Part IV-B., 1989 Pages 111) - Whereas, on representative from the Prime Minister's
Grant Project, Directorate Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals, plans and
projects, it is necessary that the lands with the buildings specified hereto (hereinafter
referred to as the land with building) should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with the
buildings;
Now therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in the column (3) of Schedule hereto,
who are the owners of or who, in the opinion of the Government of Maharashtra are
interested in the said land with building respectively mentioned in the column of the said
Schedule against them to show cause, if any within a period of thirty (30) days from the
date of publication of the notice in the Maharashtra Government Gazette, why they
should not be acquired. Any objections which may be received by the Ex-Officio Deputy
Secretary to Government of Maharashtra in the Housing and Special Assistance
Department and Secretary, Maharashtra Housing and Area Development Authority,
Griha Nirman Bhavan, Bandra Bombay 400 051 from any of the aforesaid persons with
respect of the said proposal before the expiry of the aforesaid period shall be
considered by the Government.

Schedule
 Description of land and Approximate Name and address of the
buildings area of owners of land with
lands buildings
proposed to
be acquired
(1) (2) (3)
Building No. 1 to 6, 3,514.38 Sq. Shri D. R. Kalewar and
Final Plot No. 1064(pt), meters others. Owner of the
T.P.S. IV, Mahim Kalewar Chawls, Std.
Division. Mill Lane, Kalewar
Mansion, Babulnath
Road, Bombay 400 007.
G. N., H. & S. A. D., No. ARS. 1888/CR-782/D-II, dated the 12th December, 1988 (M.
G., Part IV-B, 1989 Pages 144) - Whereas, on a representation from the Prime
Minister's Grant Project, Directorate, Maharashtra Housing and Area Development
Authority, it appears to the Government of Maharashtra that in order to enable the said
Authority to discharge its function or to exercise its powers or to carry out its proposals,
plans and projects it is necessary that the Land-the Lands with the buildings specified
hereto (here in after, referred to as the land with building) should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with the building;
Now therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in the column (3) of Schedule hereto,
who are interested in the said land with the building respectively mentioned in the
column (1) of the said Schedule against them to show cause, if any, within a period of
thirty (30) days from the date of publication of the notice in the Maharashtra
Government Gazette, why they should not be acquired. Any objections which may be
received by the Ex-Officio Deputy Secretary to Maharashtra Housing and Special
Assistance. Department and Secretary, Maharashtra Housing and area Development
Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051 from any of the aforesaid
persons with respect of the said proposal before expiry of the aforesaid period shall be
considered by the Government.

Schedule

Description of land and Approximate Name and Address of

buildings area of owner of land with
lands building
proposed to
be acquired
(1) (2) (3)
 Building No. 275A, B, 1,408.87 Sq. Shah Damji Gowar
C, N. M. Joshi Margin meters Devji, G.I.P. Lane,
G/S. Ward on C. S. No. Lower Parel, Bombay
93 of Lower Parel 400 012.
Division.
G. N., H. & S.A.D. No. ARS. 1588/768/D-II, dated the 12th December, 1988 (M. G.,
Part IV-B, 1989 Pages 116) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals, plans and
projects set out in Part I of the Schedule hereto it is necessary that the land specified in
Part II thereof (hereinafter referred to as "the said land" with building) should be
acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing an Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with buildings (if
any);
Now therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in the column (3) of Part II of the Schedule hereto, who are the
owners of or who in the opinion of the Government of Maharashtra are interested in the
said land with existing building (if any) respectively mentioned in column (1) of the said
Part II against them in show cause, if any, within a period of thirty days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired, any objection which may be received by the Ex-Officio Secretary to
Government, Housing and Special Assistance Department, C/o. Maharashtra Housing
and Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 057
from any of the aforesaid persons with respect of the said proposal before the expiry of
the aforesaid period shall be considered by the Government.

Schedule

Part I

Reconstruction of Building No. 543A, N. M. Josh Marg, Ward 'E'.

Part II

Description of land and Approximate Name of the landlord

buildings area of and Address
lands
proposed to
be acquired
(1) (2) (3)
 Building No. 543 A, N. 623.51 Sq. Shri Vasant Contractor,
M. Joshi Marg, C.S. No. meters C-252, Anand, 17th Juhu
2030 (Part). Lane, Andheri (W),
Bombay 400 058.
G. N., H. & S. A. D., No. -ARS. 1988/CR-683/Desk-II, dated the 12th December, 1988
(M. G., Part IV-B, 1989 Pages 119) - Whereas, on a representation from the Prime
Minister's Grant Project, Directorate, Maharashtra Housing and Area Development
Authority, it appears to the Government of Maharashtra in order to enable the said
Authority to discharge its function or to exercise its powers or to carry out its proposals
and plans, it is necessary that the lands with the buildings specified hereto (hereinafter
referred to as "the said lands" with buildings) should be acquired.
G.N., H. & S.A.D., No. DRS. 1288/(877)/D-V, dated 14th December, 19813 (M.G.,
Part 1989 Pages 131) - Whereas, on representation from the Prime Minister's Grant
Project/Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to unable the said authority to discharge its
functions or to exercise its powers or to carry out its proposals and -plans set out in Part
I of the Schedule hereto it is necessary that the lands with buildings specified in Part II
thereof (hereinafter referred to as "the said lands" with buildings) should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposes to acquire the said lands with building (if
any);
Now, therefore, as required by the proviso to sub-section (1) of the section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in Column (3) of Part II of the schedule hereto, who are the owners
of or who are in the opinion of section (3) of section 1 of the Maharashtra Industrial
Development Act, the State Government are interested in the said lands with existing
buildings, (if any) respectively mentioned in Column (1) of the said Part II against then
to show cause, if any within a period of thirty days from the date of publication of this
notice in the Maharashtra Government Gazette, why they should not be acquired. Ahoy
objection which may be received by the Secretary to Government of Maharashtra in
Housing and Special Assistance Department, Mantralaya, Bombay 400 032. From any
of the aforesaid persons with respect to the said proposal before expiry of the aforesaid
period shall be considered by Government.

Schedule

Part I

Acquisition of private lands in C. S. No. 101(pt.), 317(pt), 1/31(pt.), 4/317(pt.), 5/317(pt),

6/317, 7/317, 318(pt), 325(pt), 326, 327, 1/327 and 328(pt) of Dharavi for
redevelopment of slum improvement.

Part II
 Description of land Approximate Name of the owners of the lands
and buildings area of lands
proposed to
be acquired
(1) (2) (3)
Sq. meters
Dharavi -C.S. No. 517.26102.13 Smt. Baxijaiji Harmasad Jamsp.Shri
101 (pt)C.S. No. 317 Bande Alibhoy Sowaji, Ismailbhoy
(pt.) Sowaji Navaroji Rusturof Wadia,
Haji Elsa Haji Usman B-The
Bombay South India Adi Dravid
Mahajan Sangh.
C.S. No. 1/317 (pt) 4,332.88 Shri Abdul Bakar Haji Eisa Usman.
C.S. No. 4/317 (pt) 1,994.76 Shri Usman Haji Mohamad 1/2
share.Shri Ibrahim Haji Mohamad
1/4 share.Shri Ismail Haji Mohamad
1/4 share.
C.S. No. 5/317 (pt) 6,263.41 Shri Hadhar Amina Pal (Lessee).Shri
Sanaji Bon Banarjee (Lessor).
C.S. No. 6/317 428.25 Shri Ahamadbhay Abedeenbhoy
Pearbhoy (Lessor).Shri Laxman
Manikrao Shinde (Lessee).
C.S. No. 7/317 2,825.89 Shri Ahamdbhoy Abedeenbhoy
Peerbhoy (Lessor).Shri Laxman
Manikrao Shinde (Lessee).
C.S No. 318 (pt) 585.39 The Bombay South India Adi Dravid
Mahajan Sangh.
C.S. No. 325 (pt) 1,713.38 Shri Lavaji Bhima Chunilal Harkar
Lal.
C.S. No. 326 9,225.03 Smt. Saraswatibai Pratap Sitaram
Pandit (Lessor).
C.S. No. 327 234.00 The Western India Tanneries
Limited (Lessee).
C.S. No. 1/327 1,430.13 The Western India Tanneries
Limited. Shri Usman Haji Mahamed.
C.S. No. 328 (pt) 17,184.90 Shri Usman Haji Mahamed.
Total 46,837.04
G. N., H. & S.A.D., No. ARS. 1588/9985/D-II, dated the 13th January, 1989 (M.G.,
Part IV-B, Pages 92) - Whereas, on a representation from the Bombay Housing and
Area Development Board it appears to the Government of Maharashtra that in order to
enable the said Board to discharge its functions or to exercise its powers or to carry out
its proposals plans or projects set out in Part I of the Schedule hereto it is necessary
that the lands with buildings specified in Part II thereof (here in after referred to as the
said land with buildings") should be acquired ;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ARS. 1588/9985/D-II, dated 21st March, 1988 published on pages 195 to 196 of
Part IV-B, Maharashtra Government Gazette, Extraordinary No. 57, dated 21st March,
1988 and served in the prescribed manner, called upon the person mentioned in column
(3) of Part II of the Schedule hereto who is the owner of the said land with building
mentioned in column (1) of the said Part II against him, to show-cause within a period of
thirty days from the date of the publication of the aforesaid notice in the Maharashtra
Government Gazette, (hereinafter referred to as "the said period") why the said land
with building should not be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of Building Nos. 2, 4, 6, 8, 10, 10A, 12, 14, Kamathipura, 12th lane, C.S.
Nos. 419 to 422, 425, 426.

Part II

Description of land and Approximate Name of the owner of the lands

buildings area of lands with buildings
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Building No. 2, Kamathipura, C. S. No. Smt. Avabal Sarkari and others
12th lane. 426190.64 sq. 32, Khetwadi Back Road,
mtrs. Bombay.
 2. Building No. 4, Kamathipura, C. S. No. Shri V.S. Kunta, R. No. 4,
12th lane. 42545.15 sq. Kamathipura, 12th lane, Bombay
mtrs. 400 008.
3. Building No. 10, C. S. No. Smt. Fatima Hassamal
Kamathipura, 12th lane. 42223.41 sq. Hemjavaal C/o. Shri Babu
mtrs. Rajanna Teddu, R. No. 10,
Kamathipura, 12th lane, Bombay
400 008.
4. Building No. 10A, C. S. No. Smt. Rajubai Yelappa,
Kamathipura, 12th lane. 42121.74 sq. Kamathipura, 12th lane, Bombay
mtrs. 400 008.
5. Building No. 12, C. S. No. Shri Raghunath R. Chiplunkar,
Kamathipura, 12th lane. 42035.12 sq. Kamathipura, 12th lane, Bombay
mtrs. 400 008.
6. Building No. 14, C. S. No. Shri Bhoomibai Lingana
Kamathipura, 12th lane. 41980.27 sq. Burivar, C/o. P. E. Butaiwar, 13,
mtrs. Kamathipura, 12th lane, Bombay
400 008.
G.N., H. & S.A.D., No. ARS.-1587/9322-D II, dated the 16th January, 1989, (M. G.,
Part IV-B, Pages 100) - Whereas on a representation from the Bombay Housing and
Area Development Board it appears to the Government of Maharashtra that in order to
enable the said Board to discharge its functions or to exercise its powers or to carry out
its proposals, plans or projects set out in Part I of the Schedule hereto it is necessary
that the lands with building specified in Part II thereof (hereinafter referred to as "the
said lands with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its
notices Nos. ARS. 1587/9322/D-II, dated 26th May, 1987, 7th September, 1987 and
Corrigendum No. ARS. 1587/9322/D-II, dated 24th February, 1988, published on pages
197 to 198, 295 to 297 and 112 of Part IV-B of the Maharashtra Government Gazette,
Extraordinary Nos. 80, 120 and 40 respectively and served in the prescribed manner,
called upon the person mentioned in column (3) of Part II of the Schedule hereto who is
the owner of the said land with building mentioned in column (1) of the said Part II
against him, to show-cause within a period of thirty days from the date of the publication
of the aforesaid notice in the Maharashtra Government Gazette (hereinafter referred to
as "the said period") why the said land with building should not be acquired;
And whereas the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act, the Government of Maharashtra hereby decides to acquire the said and with
building in pursuance of the said section.

Schedule
Part I

Reconstruction of building Nos. 134 (132-136), 140 (138-140), Shankarrao Pupala

Road, Building Nos. 30-32, 34, 36, 36-38, 40, 42, 44, 46, 49, 50-52, Kamathipura, 2nd
lane, building Nos. 23, 25, 27, 29, 33, 3?, 39, 41, 43, 45, 47, 49, 51 Kamathipura, 3rd
lane, C. S. Nos. 905, 948, 947, 946, 945, 944, 943, 942, 941, 940 939, 938, 937, 906,
907, 908, 909, 910, 911, 913, 914, 915, 916, 917, 918, 919, "E" Ward.

Part II

Description of land and Approximate Name of the land lord and

buildings area of lands Address
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Building No. 140, (138-140) C.S. No. Smt. Mariammabai Valvi
S.P. Road. 948,95.60 sq. Mojammad, Rabiyabai Manzil,
mtrs. 4th floor, Room No. 8, New
Kazi Street, Nalbazar, Bombay
400 003.
2. Building No. 134, (132-136) C.S. No. Shri Hemandra Samaji Malde,
S.P. Road. 905,142.14 sq. 132/134, S. P. Road, 21,
mtrs. Kamathipura, 3rd Floor, Bombay
400 008.
3. Building No. 33, 3rd Lane, C.S. No. Smt. Jayashree Motiram
Kamathipura. 910,61.50 sq. Dhamnakar 52, 2nd Duncon
mtrs. Cross Lane, 1st floor, Bombay
400 004.
4. Building No. 37, 3rd Lane, C.S. No. Shri Ramkrishna Khandu Wagh,
Kamathipura. 911,37.63 sq. and 2nd Floor, 72, 3rd
mtrs and C.S. Kamathipura Road Bombay 400
No. 912, 40.13 008.
sq. mtrs.
5. Building No. 49, 3rd Lane, C.S. No. Smt. Laxmibai V. Hemke,
Kamathipura. 918,49.33 sq. Usman Tukaram Chawl, Indira
mtrs. Nagar, Road No. 5, Kanjurmarg,
Bombay 400 078.
6. Building No. 51, 3rd Lane, C.S. No. Shri P. N. Rajasee, 51, 3rd Lane,
Kamathipura. 919,85.29 sq. Kamathipura, Bombay 400 008.
mtrs.
 7. Building No. 47, 3rd Lane, C.S. No. Shri Jenbai Venshi Malde, C/o.
Kamathipura. 917,45.15 sq. Khatbai Chunilal Vershi
mtrs. Kooversi 44, 2nd Lane,
Kamathipura.
8. Building No. 39, 3rd Lane, C.S. No. Shri Bapuram Rajaram Chitka,
Kamathipura. 913,45.15 sq. 39, 3rd Lane, 1st floor,
mtrs. Kamathipura, Bombay 400 008.
9. Building No. 40, 2nd Lane, C.S. No. Shri V. M. Ajukar, Satyanarayan
Kamathipura. 942,81.10 sq. Bhavan, Room No. 5, 1st floor,
mtrs. S. P. Road, 2nd Lane,
Kamathipura, Bombay 400 008.
10. Building No. 44, 2nd Lane, C.S. No. Shri Chunilal Khimta Desai, 44,
Kamathipura. 940,64.94 sq. 2nd Kamathipura, Bombay 400
mtrs. 008.
11. Building No. 25, S.P. Road, C.S. No. Shri Kakaji Patajee, C/o. P.'H.
3rd Lane, Kamathipura. 907,26.76 sq. Rajujee, 51, 3rd Lane, S. P.
mtrs. Street, Bombay 400 008.
12. Building No. 26, S.P. Road, C.S. No. Shri V. S. Kalewar, 70, 3rd S. P.
3rd Lane, Kamathipura. 909,30.94 sq. Street, Bombay 400 008
mtrs.
13. Building No. 41, S.P. Road, C.S. No. Shri Balkrishna Shamsunder
3rd Lane, Kamathipura. 914,91.14 sq. Karpe, 349, Rasta Peth, Laxmi
mtrs. Building, 1st floor Opp. K.E.M.
Hospital, Pune 411 011.
14. Building No. 43, S.P. Road, C.S. No. Shri Suleman Y. Kapadia,
3rd Lane, Kamathipura. 915,32.61 sq. Rumani, Manzil, Khandia Street,
mtrs. Bombay 400 008.
15. Building No. 45, S.P. Road, C.S. No. Smt. Paruti Balkrishna Pawar,
3rd Lane, Kamathipura. 916,32.61 sq. 45, 3rd S. P. Road, Bombay 400
mtrs. 008.
G.N., H. & S.A.D., No. ARS. 1988/952/Desk-II, dated the 27th January, 1989 (M. G.,
Part IV-B, Pages 188) - Whereas, on a representation from the Prime Minister's Grant
Project, Directorate, Maharashtra Housing and Area Development Authority, it appears
to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals and plans, it
is necessary that the lands with the buildings specified hereto (hereinafter referred to
"the said lands" with buildings) should be acquired;
As whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposes to acquire the said land with buildings (if
any);
Now therefore, as required by the provision to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of the Schedule hereto who are the owners or who, in
the opinion of the Government of Maharashtra are interested in the said land with the
buildings respectively mentioned in column (15, of the said Schedule against them to
show cause, if any with a period of thirty days from the date of publication of this notice
in the Maharashtra Government Gazette, why they should not be acquired. Any
objections which may be received by the Ex-Officio Deputy Secretary to Government of
Maharashtra in the' Housing and Special Assistance Department and Secretary,
Maharashtra Housing and Area Development Authority, Griha Nirman Bhavan, Bandra
(E), Bombay 400 051 from any of the aforesaid persons with respect of the said
proposal before the expiry of the aforesaid period shall be considered by the
Government.

Schedule

Description of land and Approximate Name of the owners of the land

buildings area of lands with address
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Land bearing C. S. No. 688, 165.55 Mr. Sylvester D'Souza, 177A,
with building No. 177-177-A, Veer Savarkar Marg, Mahim,
Veer Savarkar Marg, G/N Ward, Bombay 400 016.
Mahim Division.
2. Land bearing C. S. No. 689 145.48 Mr. Pascal Mandonca, 173, Veer
with building No. 173, Veer Savarkar Marg, Mahim, Bombay
Savarkar Marg, G/N Ward, 400 016.
Mahim Division.
3. Land bearing C. S. No. 690 158.03 Mr. R. B. Dhanoo, Veer
with building No. 173-A, 173A, Savarkar Marg, Mahim, Bombay
Veer Savarkar Marg, G/N Ward, 400 016.
Mahim Division.
4. Land bearing C. S. No. 1017 47.1 Smt. Zubedabai, D/o. Abdul
with building No. 171, Veer Gani W/o. Habib Wali
Savarkar Marg, G/N Ward, Mohammad, Veer Savarkar
Mahim Division Marg, Mahim, Bombay 400 016.
5. Land bearing C. S. No. 691 105.35 Mr. Pandurang A. Patil, 40A
with building No. 40A, Sitaladevi Temple Road, Mahim,
Sitaladevi Temple Road, G/N Bombay 400 016.
Ward, Mahim Division.
 6. Land Bearing C. S. No. 696 282.53 Smt. Bayabai Kazi, Trust
(pt) with building No. 40B, Property, Garden View, Flat No.
Sitaladevi Temple Road, G/N 301, Plot No. 41, 16th Road,
Ward, Mahim Division. Bandra Bombay 400 050.
7. Land bearing C. S. No. 1016 138.80 Mr. Mohamad Afzal A. Hawa,
with building No. 40C, 120-122, Masjid Bunder Road,
Sitaladevi Temple Road, G/N Bombay 400 003.
Ward, Mahim Division.
Total 1042.84
G.N., H. & S.A.D., No. ARS. 1486/8900/D-II, dated the 29th January, 1989 (M.G.,
Part IV-B, Pages 192) - Whereas, on a representation from the Prime Minister's Grant
Project Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to enable the said Authority to discharge its
functions or to exercise its powers or to carry out proposals, plans or projects set out in
Part I of the Schedule hereto it is necessary that the lands with building specified in Part
II thereof (hereinafter referred to as "the said lands with building") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ARS. 1486/8900/D-II, dated 18th December, 1986 published on pages 1141 to
1143 of Part IV-B, Maharashtra Government Gazette, Extraordinary No. ,
....................................... dated the 18th December, 1986 and served in the prescribed
manner, called upon the person mentioned in column (3) of the Part II of the Schedule
hereto who is the owner of the said land with building mentioned in column (1) of the
said Part II against him, to show cause within a period of thirty days from the date of the
publication of the aforesaid notice in the Maharashtra Government Gazette (hereinafter
referred to as "the said period") why the said land with building should not be acquired."
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of building Nos. 20, 22, 24, 18, 26, 6, 8, 22-22A, 24, 23, 12, 14
Akkalkote Lane, 27-27A, 2-3 Khadilkar Road, 4-5 Cow Lane, 16A, 16AA Borbhat X
Lane, Girgaon Division in 'D' Ward, Bombay on C. S. Nos. 163 to 175, 183 to 185.

Part II
 Description of land and Approximate Name of the the owners of the
buildings area of lands land with buildings
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Navalkar Building, 20, 82.78 Shri Pandharinath Laxmanrao
Akkalkote, 1st lane, C. S. No. Navalkar and Shri Arun
163, Girgaon Division. Laxmanrao Navalkar.
2. Akkalkote Swami Math, 22, 96.15 Shri Akkalkote Swami
Akkalkote 1st lane, C. S. No. Sarnartha.
164, Girgaon Division.
3. Pethe Building, 24 and 18, 220.74 Shri Trimbak Waman Pethe.
Akkalkote lane, C. S. No. 165,
Girgaon Division.
4. Malpekar House, 16, 208.19 Shri Dattatray Krishnarao
Akkalkote 1st lane, C. S. No. Malpekar.
166 Girgaon Division.
5. Malpekar House, 6, Akkalkote 187.29 Shri Damodar Krishnarao
2nd lane, C. S. No. 167, Girgaon Malpekar.Shri Jayawant
Division. Krishnarao Malpekar.
6. 8, Akkalkote lane, 8, 4.15 Smt. Radhabai Raning.
Akkalkote 2nd lane, C. S. No.
168
7. Radhabai Building, 8, 72.74 Smt. Radhabai Raning.
Akkalkote 2nd lane, C. S. No.
169.
8. Rele Building, 22-22A, 116.22 Shri Gajanan Govardhan Rele.
Akkalkote 1st lane and 2nd lane,
C. S. No. 170.
9. Rele Building, 24, Akkalkote 99.50 Shri Parmanand Govardhan
2nd lane, C. S. No. 171. Rele.
10. Radhabai Building, 23, 114.55 Smt. Radhabai Raning.
Akkalkote 2nd lane, C. S. No,
172.
11. Dharamdas Building, 27-27A 303.51 Shri Devidas Hargundas Vora
Khadilkar Road, C. S. No. 173. and Shri Balkrishnadas
Dharamdas Vora.
 12. Chiman Building, (2 No.), 2- 124.58 Shri Pravinchandra Chimanlal
3, Khadilkar Road, C. S. No. and Shri Dineshchandra
174. Chimanlal.
13. Makhalai Building, 4-5, Cow 105.63 Shri Anandrao Dinanath Save.
Lane, C. S. No. 175.
14. Nurani Building, 16A-16AA, 311.04 Jayabbilly Bhorajiwalla.
Borbhat X lane, C. S. No. 183.
15. Acharya Bhavan, 12, 111.2 Bai-Duragabai Balkrishna
Akkalkote 1st lane, C. S. No. Acharya.
184.
16. Narayan Nivas, 14, 118.73 Shri Kanailal Narandas
Akkalkote 1st lane, C. S. No. Ramwala.
185. 124.58
Total 2,276.82
G.N., H. & S.A.D., No. ADL. 2387/1888/D-X, dated the 10th March, 1989 (M. G., Part
IV-B, Pages 360) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority, it appears to the Government of Maharashtra that in
orders to enable the said Authority to discharge its functions or to exercise proposals as
per Draft Development Plan (Revised) 1981 and also that of MHADA set out in Part I of
the Schedule hereto it is necessary that the lands specified in Part II thereof (hereinafter
referred to as "the said land") should be acquired;
And whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXXVIII of 1977) proposes to acquire the said lands;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column (4) Part II of the Schedule
hereto who are the owners of, or who in the opinion of the Government of Maharashtra
are interested in the said lands respectively mentioned in column (1) the said Part II
against them to show cause, if any, within a period of thirty days from the date of
publication of this Notice in the Maharashtra Government Gazette, why they should not
be acquired. Any objection which may be received by the Secretary to Government,
Housing and Special Assistance Department, Mantralaya, Bombay 400 032, or the
C.E.O. & V.P., Maharashtra Housing and Area Development Authority, Griha Nirman
Bhavan, Bandra (East), Bombay 400 051, from any of the aforesaid persons with
respect to the said proposal before the expiry of the aforesaid period shall be
considered by the Government.

Schedule

Part I

For the purpose of construction of tenements under E. W. S./L. I. G. and for execution
of Area Development Scheme at Solapur.
Part II

Survey Village Area Names of the owners/persons

No. Interest therein
(1) (2) (3) (4)
H. Areas
29 Dahitane 05 25.00 Shri Umakant Shankarrao
Bhagawant
30 Dahitane 04 30.00 Sau Kumudini Vasantrao
Mahthaikar
31/1 Dahitane 00 70.00 Shri Narayan Tukaram
Sarvade.
Shri Kalappa.
31/2 Dahitane 00 81.00 Shri Haji Gajibarksha
Allabaksha Karche.
Rajibhai Allabaksha Karche.
Kashbai Allabaksha Karche.
Aqtar Hajagaji Karche.
Jaftar Hajigaji Karche.
Khajabhai Hajigaji Karche.
Attar Rajibhai Karche.
Shoukat Kashabai Karche.
31/3(pt) Dahitane 00 84.50 Devidar Mahadev Pawar.
Haridas Mahadev Pawar.
Smt. Kalawati Vitthal
Chavan.
Smt. Suman Shivaji Babar.
Smt. Pramila Shivaji Anapal.
Smt. Titottama Sharad
Varate.
31/4 Dahitane 00 81.00 Solapur Timber Merchant
Association(President—
Kallapa Dattaba Vadje).
115/1A Kasbe 00 91.00 Subhana Sidu Bhosale.
Solapur
115/1B/1 Kasbe 00 15.00 Manjaram Narayan Shinde.
Solapur
Rajesh Chandrakant Shinde.
Ranji Shivaraj Shinde.
Bararang Sidram Kokane.
Maruti Dattu Shinde.
Suryakant Manjuram Shinde.
Jetinga Ganpati Hotkar.
115/1B/2 Kasbe 00 91.00 Dattu Subhana Bhosale.
Solapur
115/1C Kasbe 00 82.00 Tukaram Subhana Bhosale.
Solapur
115/2 Kasbe 00 02.00 Subhana, Lingappa, Vitthal-
Solapur Babu, Sidhu Bhosale.
115/3 Kasbe 02 64.00 Dnyaneshwar and Vithabai
Solapur Lingappa Bhosale.
Jankibai Vitthal Shinde.
Mathurabai Pandurang
Chougule.
115/4 Kasbe 02 75.00 Vitthal and Sidheshwar Sattu
Solapur Bhosale.
115/5 Kasbe 02 39.00 Vithal Sidhu Bhosale.
Solapur
115/6 Kasbe 02 29.00 Babu Sidhu Bhosale.
Solapur
117/2A Kasbe 03 14.00 Ram Babu Saravde.
Solapur
118/2 Kasbe 01 72.00 Ram Babu Sarvade.
Solapur
116/2 Kasbe 02 68.00 Shankar Babu Sarvade.
Solapur
117/1A Kasbe 06 67.00 Babu Dattu Sarvade.
Solapur
G. N., H. & S.A.D. No. ADL-2389/2098/D-X, dated 9th November, 1990 (M. G., Part
IV-B, Pages 2732) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority, it appears to the Government of Maharashtra that in order
to enable the said Authority to discharge its functions or to exercise its powers or to
carry out its proposals, plans or projects set out in Part I of the Schedule hereto it is
necessary that the lands specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposed to acquire the land;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column (3) of the said Part II of the
Schedule hereto who are the owners of, or who in the opinion of the Government of
Maharashtra are interested in the said lands respectively mentioned in column (1) of the
said Part II against them to show cause, if any within a period of thirty days from the
date of publication of this Notice in the Maharashtra Government Gazette, why they
should not be acquired. Any objection which may be received by the Ex-Officio
Secretary to Government, Housing and Special Assistance Department, and the Chief
Executive Officer and Vice President, Maharashtra Housing and Area Development
Authority, Griha Nirman Bhavan, Bandra (East), Bombay 400 051, from any of the
aforesaid persons with respect to the said proposal before the expiry of the aforesaid
period shall be considered by the Government.

Schedule

Part I

For the purpose of various area development schemes and public amenity sites by the
Pune Housing and Area Development Board at village Kasbe-Solapur.

Part II

Survey Hissa Approximate Area Names of the owners/persons

No. No. of lands proposed to Interest therein
be acquired
(1) (2) (4)
H. Areas
District Solapur, Village Kasbe-Solapur
105/1A 0 67.00 Jame Mohamadiya Ahale Hadis
Trust, Chairman, Haji Hasanalli
Mohammadalil Shaikh.
107/A/1 2 78.27 Revansidhappa Shankarappa
Dargopatil.
107/A/2 2 87.13 Sidramppa Shankarappa Dargopatil.
107/B 0 05.00 Revansidha Shankarappa
Dargopatil.
108/1+2+5+4A 1 30.60 Kashinath Shankarappa Dargopatil.
108/3A+4B 0 06.00 Annarao Anandrao Dargopatil,
Mallinath Anandrao Dargopatil,
Sidram, Balasaheb, Kashinath and
Revanisidha Shankarappa
Dargopatil, Saurabai Shankarappa
Dargopatil, Irappa Dadrao Gavali
etc.
109/1 1 89.00 Irappa Dadarao Gavali and 15
others.
109/2 1 32.00 Kashinath Shankarappa Dargopatil.
110/2 7 12.00 Vithoba Magalappa Pogul.
121/2 0 81.00 Proposed Rameshwar Housing
Society, Chief Pramotor, S. S.
Birajdar.
Village Shelgi
23/2A/1-1/1/A 0 19.85 Rakhamabai and Pandurang
Dhondiba Sarvade.
23/2A/1/2/1A 0 08.00 Rakhamabai and Pandurang
Dhondiba Sarvade.
23/2A/1/2B 0 12.90 64 Smt. Putiabai Malkappa Kaishetti.
23/2A/1B 0 72.00 Apparao Revansiddhappa
Dargopatil.
23/2A/2/1A 0 30.00 Hanumandas Dhanraj Nagappa.
(Part)
Shantabai Badrinarayan Randad.
23/2A/2/2 0 40.00 Rajgopal Hiralal, M.G. Hiralal,
Chaturbhuj Nogia.
23/2A/3 1 19.00 Jame Mohamadiya Ahale Hadis
Trust, Chairman, Haji Hasanalli
Mohammadalil Shaikh.
23/2B 0 14.00 Sidaram Subhana Bhosale.
Total 22 23.75 64
G.N., H. & S.A.D., No. ARS. 1283/3198/D-II, dated 4th February, 1991 (M.G., Part IV-
B, Pages 267) - Whereas, on a representation from the Maharashtra Housing and Area
Development Authority it appears to the Government of Maharashtra that in order to
enable the said Authority to discharge its functions or to exercise its powers or to carry
out its proposals, plans or projects set out in the Schedule hereto it is necessary that the
lands with building specified In schedule thereof (hereinafter referred to as "the said
lands with buildings" should be acquired);
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ARS. 1283/3198111, dated 5th September, 1983 published on pages 615 to 618 of
Part IV-B, Maharashtra Government Gazette, Extraordinary No. 214, dated the 8th
September; 1990 and served in the prescribed manner, called upon the person
mentioned in column 3 of Part II of the Schedule hereto who is the owner of the said
land with building mentioned in Column 1 of the said schedule against him, to show-
cause within a period of thirty days from the date of the publication of the aforesaid
notice in the Maharashtra Government Gazette (hereinafter referred to as "the said
period") why the said land with building should not be acquired;
And whereas the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire, to the said land
with building in pursuance of the said section.
G.N., H. & A. D. D. No. ADL. 1189/(2140)/D-X, dated 26th July, 1991 (M.G., Part IV-
B, Pages 1108) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority, it appears to the Government of Maharashtra that in order
to enable the said Authority to discharge its functions or to exercise its powers or to
carry out its proposals, plans or projects set out in Part I of the Schedule hereto it is
necessary that the lands specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) proposes to acquire the said lands;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column(4) of the said Part II of the
Schedule hereto who are the owners of, or who in the opinion of the Government of
Maharashtra are interested in the said lands respectively mentioned in column 1 of the
said Part II against them to show cause, if any within a period of thirty days from the
date of publication of this Notice in the Maharashtra Government Gazette, why they
should not be acquired. Any objection which may be received by the Ex-Officio
Secretary to Government Housing and Special Assistance Department, and the Chief
Executive Officer and Vice-President, Maharashtra Housing and Area Development
Authority, Griha Nirman Bhavan, Bandra (East), Bombay 400 051 from any of the
aforesaid persons with respect to the said proposal before the expiry of the aforesaid
period shall be considered by the Government.
Schedule

Description of lands with building Approximate Name of the owner of the lands
area of with building
lands
proposed to
be acquired
(1) (2) (3)
Sq. metres
1. B. No. 9D Umarkhadi, 1st Lane, 43.48 (1) Fakir Mohammed Haji Ali
C. S. No. 1842 of Mandvi Division. Mohamed.
(2) Abdulla Haji Ali Mohamed.
(3) Ahmed Haji Ali Mohamed.
(4) Abdul Rahman Haji Ali
Mohamed.
(5) Khatiyabai Haji Ali
Mohamed.
(6) Aminabai Haji Ali
Mohamed.
(7) Mariyambai Haji Ali
Mohamed.
(8) Rahimabai Haji All
Mohamed.
(Legal heirs of Shri Haji Ismail
Haji Suleman—deceased).
2. 9E, Umarkhadi, 1st Lane, C. S. 35.12 Hardeep singh Sant singh.
No. 1843 of Mandvi Division.
3. 11, Umarkhadi, 1st Lane, C. S. 25.08 The Vic. Joseph's Church.
No. 1840 (Part) of Mandvi Division.
103.68
G.N. H. & S.A.D., No. ARS. 1491/CR 2743/Desk II, dated 17th December, 1991
(M.G., Part IV-B, Pages 1080) - Whereas, on a representation from the Bombay
Housing and Area Development Board, it appears to the Government of Maharashtra
that in order to enable the said Board to discharge its function or to exercise its powers
or to carryout its proposals and plans, it is necessary that the lands with the building
specified hereto (hereinafter referred to as the "said lands" with buildings) should be
acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of the section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977) proposes to acquire the said land with buildings
(if any);
Now therefore, as required by the provision to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976. Notice is hereby given to
persons mentioned in column 3 of the schedule hereto, who are the owners of or who,
in the opinion of the Government of Maharashtra are interested in the said land with the
buildings respectively mentioned in column 1 of the said schedule against them to show
cause, if any within a period of thirty days from the date of publication of this notice in
the Maharashtra Government Gazette, why they should not be acquired? any objections
which may be received from any of the said persons in respect of the said proposal
before the enquiry of the aforesaid period shall be considered by the Ex-Officio Deputy
Secretary to Government and the Secretary, Maharashtra Housing and Area
Development Authority, Gnha Nirman Bhavan, Bandra (East), Bombay 400 051.

Schedule

Part I

Reconstruction of scheme property bearing C. S. Nos. 197, 198, 2/198 at Tardeo Road,
14A, 8, C, D, E, F and 16 A, B, C, D, Arab Gully.

Part II

Description of lands with Approximate Name of the owner of the lands

building areas of C.S. with building
No. proposed to
be acquired in
Sq. Mtrs
C.S. Area
No.
(1) (2) (3)
Sq. metres
198 2453.19
Building No. 14 A, B, C, D, E, 198 348.66 (1) Building No. 14 A, B, C, D,
F, Arab Lane, Tadeo Road, E, F, Shri Tadaram Dhanrajmal
Bombay. and Bhagchand Tahilram
Lalubhai, Sindhi, Nagar, Block
13, Cleveland Road, Bombay
400 013.
 Building No. 16. A. B. C. D, 197 20.81.95 (2) Building No. 16-A, B, C, D,
Arab Lane Tardeo Road , Arab Lane, Shri Huseinbhai
Bombay. Mahmed Husein, 169, Doctor
Street, Top floor, Bombay
Total 4883.8
G.N., H. & S.A.D., No. ADL. 2387/1888 II/D-X, dated 16th April, 1992 (M.G., Part IV-
B, Pages 585) - Whereas, on a representation from the Maharashtra Housing and Area
Development Authority, Government of Maharashtra is satisfied that with a view to
enable the said Authority to discharge its functions or to exercise its powers or to carry
out its proposals, plans or projects set out in Part I of the Schedule hereto it is
necessary that the land specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, as required by the proviso to sub-
section (1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ADL. 2387/1888/0-X, dated 10th March, 1989 published at pages 360 to 363 Part
IV-B of the Maharashtra Government Gazette, dated the 23rd March, 1989 and served
in the prescribed manner calling upon the persons mentioned in column 4 of Part II of
the Schedule hereto, who are the owner of or who, in the opinion of the Government of
Maharashtra, is/are interested in the said lands, respectively mentioned in column 1 of
the said Part If against him to show cause within a period of thirty days from the date of
the publication of the aforesaid notice in the Maharashtra Government Gazette
(hereinafter referred to as "the said period") why the said lands should not be acquired;
And whereas, the cause shown by the said owner(s) and other persons interested in the
said land within the said period has been considered by the Government;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 41 of
the said Act, the Government of Maharashtra hereby decide to acquire the said lands in
pursuance of the said section.

Schedule

Part I

For the purpose of construction of tenements under E. W. S/L.I.G., and for execution of
Area Development Scheme at Solapur.

Part II

Survey Village Area Names of the owners/persons

No. Interest therein
1 2 3 4
H. Ares
30 Dahitane 04 30.00 Sau. Kumudini Vasantrao
Mahthaikar.
31/1 Dahitane 00 70.00 Shri Narayan Tukaram
SarvadeShri Kalappa
31/2 Dahitane 00 81.00 Shri Haji Gajibaksha Alla
baksha Karche.Rajibhai
Allabaksha Karche.Rashbai
Allabaksha Karche.Aqtar
Hajagaji Karche.Jaftar Hajigaji
Karche.Khajabhai Hajigaji
Karche.Attar Rajibhai
Karche.Shoukat Kashabhai
Karche.
31/3(pt) Dahitane 00 84.50 Devidar Mahadev
Pawar.Haridas Mahadev
Pawar.Smt. Kalawati Vitthal
Chavan.Smt. Suman Shivaji
Babar.Smt. Pramila Shivaji
Anapal.Smt. Tilottama Sharad
Varate.
31/4 Dahitane 00 81.00 Solapur Timber Merchant
Association (President Kallapa
Dattapa Vadje)
115/1A Kasbe- 00 91.00 Subhana Sidu Bhosale.
Solapur
115/1B/1 Kasbe 00 15.00 Manjaram Narayan
Shinde.Rajesh Chandrakant
Shinde.Ranjiji Shivaraj
Shinde.Bararang Sidram
Kokane.Maruti Dattu
Shinde.Suryakant Manjuram
Shinde.Jetinga Ganpati Hotkar.
115/1B/2 Kasbe- 00 91.00 Dattu Subhana Bhosale.
Solapur
115/1C Kasbe- 00 82.00 Tukaram Subhana Bhosale.
Solapur
115/2 Kasbe- 00 2.00 Subhana Lingappa, Vitthal
Solapur Babu, Sidhu Bhosale.
115/3 Kasbe- 02 64.00 Dnyaneshwar and Vithabai
Solapur Lingappa Bhosale.Jankibai
 Vitthal Shinde.Mathurabai
Pandurang Chougule.
115/4 Kasbe- 02 75.00 Vitthal and Sidheshwar Sattu
Solapur Bhosale.
115/5 Kasbe- 02 39.00 Vitthal Sidhu Bhosale.
Solapur
115/6 Kasbe- 03 29.00 Babu Sidhu Bhosale.
Solapur
117/2A Kasbe- 03 14.00 Ram Babu Sarvade.
Solapur
116/2 Kasbe- 02 68.00 Shankar Babu Sarvade.
Solapur
117/1A Kasbe- 06 67.00 Babu Dattu Sarvade.
Solapur
117/1C Kasbe- 01 83.00 Shankar Babu Sarvade.
Solapur
117/2B Kasbe- 06 47.00 Maruti Babu Sarvade.
Solapur
118/1 Kasbe- 02 10.00 Babu Dattu Bhosale.
Solapur
118/3 Kasbe- 01 81.00 Shankar Babu Sarvade.
Solapur
121 Kasbe- 03 80.00 Nlikanthappi Dhaniingappa
Solapur Alamelkar.
103/2A Solapur 00 16.74 Shri Chhatrapti Co-op. Hsg.,
Society(Chief Promoter)Shri V.
B. Waghmare.
103/26 Solapur 00 17.46 Gondhali Samaj Seva Mandal
Panch Committee.(1) D. B.
Shinde, (2) A. S. Waghmare, (3)
V. T. Mane, (4) S. N.
Waghmare, (5) V. T. Pachare.
107/A/1 Solapur 00 28.60 Shri R. S. Dargopatil.
107/A/2 Solapur 00 28.60 Shri S. S. Dargopatil.
110/2 Solapur 00 90.00 Shri Vithoba Mogiappe Pogul.
108 Solapur 00 24.40 Shri L. S. Dargopatil
G.N., H. & S.A.D., No. ADL. 1189/2110/Desk-X, dated 24th April, 1992 (M.G., Part
IV-B, Pages 588) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority Government of Maharashtra is satisfied that with view to
enable the said Authority to discharge its functions or to exercise its powers or to carry
out its proposals, plans or projects set out in Part I of the Schedule hereto, it is
necessary that the land specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, as required by the proviso to sub-
section (1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977), (hereinafter referred to as "the said Act") has by its notice
No. ADL. 1189/2110-DX, dated 2nd September, 1989 published at pages 1036 to 1037,
Part IV-B of the Maharashtra Government Gazette, dated the 21st September, 1989
and served in the prescribed manner called upon the persons mentioned in the column
4 of Part II of the Schedule hereto who is/are the owner of or who, in the opinion of the
Government of Maharashtra, is/are interested in the said lands, respectively mentioned
in columns 1 to 2 of the said Part II against him to show-cause within a period of thirty
days from the date of the publications of the aforesaid notice in the Maharashtra
Government Gazette, (hereinafter referred to as "the said period") why the said lands
should not be acquired;
And whereas, the cause shown by the said owner and other persons interested in the
said land within the said period has been considered by the Government;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 41 of
the said Act, the Government of Maharashtra hereby decided to acquired the said lands
in pursuance of the said section.

Schedule

For the purpose of construction of tenements under E. W. S./L. I. G./M. I. G./ H. I. G.

and for the purpose of Area Development Schemes at Mouza Latur, District Latur by
Aurangabad Housing and Area Development Board.

Part II

District Latur, Taluka Latur, Village Latur

Survey Hissa Names of the owners of

No. No. the person Interest therein
1 2 3
H. Ares
District Solapur, Village Kasbe-Solapur
97/A 2 57.0 Shri Ramesh Narayan
Pande.
 97/C 5 69.0 Shri Hanmat Tuljaram
Gojamagunde,B.L.
Sawarnakar,
MukhyaPrawatak, Niyojit
(Darshan)Sahakari Grih
Nirman Sanstha, Latur.
97/2 1 66.4 Shri Baliram Vithoba
Chalwad.
Total 992.4
G.N., H. & S.A.D., No. ADL. 2387/1888-II/D-X, dated 9th September, 1992 (M.G.,
Part IV-B, Pages 1610)
Government Notification No. ADL. 2387/1888-II/D-X, dated 16th April, 1992, published
in the Maharashtra Government Gazette, Part IV-B, dated 21st May, 1992 at pages 585
to 588 for acquiring lands at Solapur under the Maharashtra Housing and Area
Development Act, 1976 may be substituted by the following Notification -
No. ADL. 2387/1888-WO-X. - Whereas, on a representation from the Maharashtra
Housing and Area Development Authority, Government of Maharashtra is satisfied that
with a view to enable the said Authority to discharge its functions or to exercise its
powers or to carry out its proposals, plans or projects set out in Part I of the Schedule
hereto it is necessary that the land specified in Part II thereof (hereinafter referred to as
"the said land") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ADL. 2387/1888/D-X, dated 10th March, 1989 published at pages 360 to 363 Part
IV-B of the Maharashtra Government Gazette, dated the 23rd March, 1989 and served
in the prescribed manner calling upon the persons mentioned in column 4 of Part II of
the Schedule hereto who are the owner of, or who in the opinion of the Government of
Maharashtra are interested in, the said lands, respectively mentioned in column 1 of the
said Part II against him/them to show cause within a period of thirty days from the date
of publication of the aforesaid notice in the Maharashtra Government Gazette,
(hereinafter referred to as "the said period") why the said lands should not be acquired;
And whereas, the cause shown by the said owner(s) and other persons interested in the
said land/ lands within the said period has been considered by the Government;
Now, therefore, in exercise of the powers conferred by the sub-section (1) of section 41
of the said Act, the Government of Maharashtra hereby decides to acquire the said
lands in pursuance of the said section.

Schedule

Part I

For the purpose of construction of tenements under E. W. S./L. I. G. and for execution
of Area Development Scheme at Solapur.
Survey No. Village Area Names of the
owners/persons Interest
therein
(1) (2) (3) (4)
H. Ares
30 Dahitane 4 30.00 Late Kumudini Vasantrao
Manthalkar.
31/1 Dahitane 0 70.00 Shri Narayan Tukaram
SaravadeShri Kallappa.
31/2 Dahitane 0 81.00 Shri Haji Gajibaksha
Allabax KarcheShri
Rajabhai Allabax
KarcheShri Bashabhai
Allabax KarcheShri
Akhtar Rajabhai
KarcheShri Jafar Haji
Gajibax KarcheShri
Khajabhai Haji Gajibax
KarcheShri Shaukat Haji
Gajibax Karche
31/3(Pt)(Plot Dahitane 0 51.48 Shri Devidar Mahadev
No: 34, 10, PawarShri Haridas
11) Madhadev PawarSmt.
Kalawati Vitthal
ChavanSmt. Suman
Shivaji BabarSmt.
Pramila Shivaji
AnapalSmt. Tilottama
Sharad VarateSmt.
Pushpa Madan
ChakoteShri
Chinchokappa Basappa
TallikarSmt. Kamal
Mohan Soniminde
31/4 Dahitane 0 81.00 Solapur Timber Merchant
Association(President
Shri Kalappa Dattaba
Vadaje)
115/1/A Kasbe 0 91.00 Shri Subhana Sidu
Solapur BhosaleSmt. Shantabai
Subhana BhosaleShri
 Sidram Subhana
BhosaleShri Laxman
Subhana BhosaleShri
Ram Subhana Bhosale
115/IB/I Kasbe 0 15.00 Shri Manjuram Narayan
Solapur ShindeShri Rajesh
Chandrakant ShindeShri
Ranoji Shivram
ShindeShri Bajrang
Sidram KokaneShri
Maruti Datta ShindeShri
Suryakant Manjuram
ShindeShri Jelinga
Ganpati Hotker
115/1B/2 Kasbe 0 91.00 Shri Datta Subhana
Soiapur Bhosale.
115/1/C Kasbe 0 82.00 Shri Tukaram Subhana
Solapur Bhosale
115/2 Kasbe 0 02.00 Shri Vithal Sidhu
Solapur BhosaleSmt. Subhana
Sidhu BhosaleShri
Linganna Sidhu
BhosaleShri Balu Sidhu
BhosaleShri Vithal Santu
Bhosle
115/3 Kasbe 2 64.00 Shri Dhyaneshwar
Solapur Lingappa BhosleSmt.
Vithabai Lingappa
BhosleSmt, Mathurabai
Pandurang BhosleSmt.
Jankibai Vithal Shinde
115/4 Kasbe 2 75.00 Shri Vithal Satu
Solapur BhosleSidheshwar Satu
Bhosle
115/5 Kasbe 2 39.00 Shri Vithal Sidu
Solapur BhosleShri Laxman
Maniappa Chougule
117/2-A Kasbe 3 14.00 Shri Ram Babu Sarvade
Solapur
116/2 Kasbe 2 68.00 Shri Shankar Babu
Solapur Sarvade
 117/1/A Kasbe 6 67.00 Shri Babu Dattu Sarvade
Solapur
117/1-C Kasbe 1 83.00 Shri Shankar Babu
Solapur Sarvade
02/08/17 Kasbe 6 47.00 Shri Maruti Babu Sarvade
Solapur
118/1 Kasbe 2 10.00 Shri Babu Dattu Sarvade
Solapur
118/3 Kasbe 1 81.00 Shankar Babu Sarvade
Solapur
121 Kasbe 3 0.50 Neelkanthappa
Solapur Dhanlingappa Alamelkar
103/2A Solapur 0 16.74 Shri Vithal Balappa
Waghmare,Chief
Promoter. Shri Chatrapati
Co-op. Hsg. Society.
103/2B Solapur 0 17.46 Gondhali Samaj
Sevamandal Panch
Committee.Shri Apparao
Sidramappa
WaghmareShri Vithal
Tukaram ManeShri
Sarkrishna Nagnath
WaghmareShri Vishnu
Tukaram PachgeShri
Dhondiba Balu Shinde
04/01/07 Solapur 0 28.60 Shri Revansiddappa
Shankarappa
107/A/2 DargopatilShri
Siddramappa
ShankarappaDargopatil
110/2 Solapur 0 90.00 Shri Vithoba Mogalappa
Fogul
108 Solapur 0 24.40 Shri Kashinath
Shankarappa Dargopatil
1+2A+5+4A

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The Legal Adviser (Maharashtra Housing and Area Development Authority)
(Recruitment) Rules, 1979

Published vide Notification No. G. N., P. W. & H. D., No. ARD. 1078/(167)/Desk-44,
dated 10th August, 1979 (M. G., Part 4B, p. 1572)

mh031

LEGISLATIVE HISTORY 
In exercise of the powers conferred by clause (i) of sub-section (2) of section 184, read
with sub-section (5) of section 19 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), and of all other powers enabling it in that
behalf, the Government of Maharashtra hereby makes the following rules, the same
having been previously published as required by sub-section (3) of the said section 184,
namely:-
1. These rules may be called the Legal Adviser (Maharashtra Housing and Area
Development Authority) (Recruitment) Rules, 1979.
2. In these rules, unless the context requires otherwise, the expression "Authority"
means the Maharashtra Housing and Area Development Authority.
3. Appointment to the post of Legal Adviser in the authority shall be made either, -

(a) by promotion of a Law Officer in the Authority having not less than [seven] years of
service as such Law Officer in the said Authority; or

(b) by transfer on deputation of a suitable person who is holding or has held -

(i) a post not lower in rank than that of a Deputy Secretary on the legal side in the Law
and Judiciary Department of the Government of Maharashtra for a period of not less
than five years: or

(ii) a Judicial [office] not lower in rank than that of a District Judge for a period of not
less than three years; or

(c) by re-employment of a suitable retired person who has held any of the post
mentioned in clause (a) or clause (b) of this rule for a period specified therein; or

(d) by nomination from amongst candidates who have practiced in an adjudicate or

attorney for not less than fifteen years in the High Court or any Court subordinate
thereto;

[* * *].

4. A person appointed to the post by nomination shall be on probation for a period of

two years :
Provided that, the Authority may, for reasons to be recorded in writing, reduce the
period of probation.
5. A person appointed to the post, whether by promotion, transfer, or nomination, shall
be required to pass examinations in Hindi and Marathi according to the rules made in
that behalf, unless he has already passed, or has been exempted, from passing, those
examinations.
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The Maharashtra Housing and Area Development (Disposal of Land) Rules, 1981

Published vide Notification No. G. N., H. & S. A. D., No. ARD. 1080/365-10, dated 24th
December, 1981 (M. G., 1982, Part 4B, p. 48)

mh339

LEGISLATIVE HISTORY 
In exercise of the powers conferred by clause (viii) of sub-section (2) of section 184
read with clause (iii) to sub-section (3) of section 28 and section 64 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1976) and of all other
powers enabling it in that behalf, the Government of Maharashtra hereby makes the
following rules, the same having been previously published as required by sub-section
(3) of the said section 184, namely:-

Part I

1. Short title and commencement. - (i) These rules may be called the Maharashtra
Housing and Area Development (Disposal of Land) Rules, 1981.
(ii) They shall come into force at once.
2. Definition. - In these rules, unless the context otherwise requires,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

[(aa) "Commercial Centre" means any specific area referred to as such in which
Authority has constructed or proposes to construct a building or a group of buildings
consisting of tenements intended to be used for a commercial purpose or any other
non-residential purpose, as may be approved by the Authority;

(ab) "Commercial tenement" means a tenement in a building constructed by the

Authority in a commercial centre;]

(b) "Denotified tribe" means such tribes or tribal communities in the State as specified
by the Government,

(c) "Ex-Serviceman" means a former member of the armed forces of the Union (not
being a person who has ceased to be a member of the armed forces as a result of his
being duly dismissed after a court martial or on account of bad character or as a result
of desertion or who has been arrested);

[(d) "Freedom Fighter" means a person who receives pension duly granted by the
Government of Maharashtra or the Government of India or who has been awarded a
Tamrapatra or Sanmanpatra on account of his participation in the National Movement
for emancipation of India or the next-of-kin or dependent of such person, namely, the
widow or widower, father, or mother, son, daughter, grand-son, granddaughter, son's
wife, grand-son's wife, widow of predeceased son or grandson;]

(e) "Government" means the Government of Maharashtra;

(f) "Household income" means the income from all sources earned by a person and his
or her spouse;

[(g) 'Journalist' means a person whose principal avocation is that of a journalist and who
is employed as such in, or in relation to, any newspaper establishment, and includes an
editor, a leader writer, news editor, feature writer, copy tester, reporter, correspondent,
cartoonist, news photographer, proof reader and a person who contributes regularly and
meaningfully on matters of public interest to renowned weeklies, magazines and
periodicals as a free lancer, but does not include any such person who-

(i) is employed mainly in a managerial or administrative capacity; or

(ii) being employed in a supervisory capacity, performs either by the nature of the duties
attached to his office or by reason of the powers vested in him, functions mainly of a
managerial nature;]

(h) "land appurtenant" means the land which is required to be kept open around a
building, in accordance with the Development Control Rules of the concerned Planning
Authority

(i) "Neo-Buddhist" means a person belonging to a Scheduled Caste. A Scheduled Tribe,

a Nomadic Tribe or Denotified Tribe, who has been converted to Buddhist faith.

(j) "Nomadic Tribe" means a tribe or tribal community in Maharashtra recognized as

such by Government.

(k) "Planning Authority" means, in relation to Municipal areas, the Municipal Corporation
or the Municipal Council, as the case may be;

[(kk) "Plot" means a demarcated place of vacant land in an approved layout of an area
development scheme in an urban area prepared by the Board and approved by the
Planning Authority and includes a developed plot with or without plinth area having all or
any of the infrastructural facilities such as common roads, electricity, water supply,
drainage, provided by the board];

[(l) "Schedule Castes" means such castes, races or tribes or parts of or groups within
such castes, races or tribes as are deemed to be Scheduled Castes in relation to the
State of Maharashtra under article 341 of the Constitution of India];

[(m) "Schedule Tribes" means such tribes or tribal communities or parts of, or groups
within, such tribes or tribal communities as are deemed to be Scheduled Tribes in
relation to the State Maharashtra under article 342 of Constitution of India residing in
any part of the State of Maharashtra;]

(n) "Vacant land" includes land which has been built upon unauthorisedly but excludes
land appurtenant;

(o) Words, expressions used in these rules but not defined therein shall have the same
meaning respectively assigned to them in the Act.

Part II

Disposal of Vacant Lands

3. Publication of list of vacant lands available for disposal. - At the commencement

of every financial year the Authority shall publish, on notice boards of all its offices, a
complete list of every vacant land together with its location map available for disposal
during the course of the financial year.
4. Disposal in accordance with area development schemes and layouts. - (1)
Where the Authority has acquired vacant lands for the purpose of development of
existing urban areas to ensure an orderly urban development, the Boards shall prepare
a detailed area development scheme and after obtaining the approval to the layout from
the appropriate planning Authority shall obtain administrative approval to the scheme
from the Authority.
(2) The Authority shall, while according approval to a scheme, give directive to the
Board about the manner of disposal of the vacant lands or plots therein, and may
reserve to itself, for reasons to be recorded, the right to dispose of any vacant land or
plot in the scheme.
(3) The disposal of vacant lands under these rules shall be in accordance with area
development scheme and the layout so approved.
5. Disposal of land by lease. - (1) [Subject to the provisions of rule 5A and except for
the purpose] of raising loans, the vacant lands shall ordinarily be disposed of by a grant
of lease.
(2) Subject the directions given by the Authority from time to time, the Chief Officer, may
dispose of any vacant land or plot reserved for residential use in the approved schemes,
by a lease to be granted in consideration of premium or rent or both for a term not
exceeding 90 years and in the manner prescribed in the regulations to be made by the
Authority for the purpose.
(3) The premium and lease rent to be charged shall be worked out in a manner to be
laid down by the Authority in its regulations or by charging lease rent on the market
value at a rate to be decided by the Authority.
[5A. Transfer of land not required for purpose of authority, to original owner. -
Notwithstanding anything contained in rule 5 or any other rule of these rules, the
authority may, with the previous sanction of the State Government, and on such terms
and conditions as it may deem fit, transfer by conveyance land or any part thereof
acquired by the State Government under section 41 of the Act and made available to it
under Sub-section (3) of section 42 thereof, to the original owner of the land, if such
land or any part thereof is not required by the authority for the purpose of the execution
of any of its schemes.]
6. Concessions to Schools etc. - The Authority may dispose of vacant land at a
concessional rate of premium and lease rent or of lease rent, as the case may be, for
any of the following purposes, namely:-

(a) Educational Institutions;

(b) Hospitals or dispensaries;

(c) Gymnasiums;

(d) Play-grounds;

(e) Institutions for the blind, dumb, deaf or for persons physically or mentally
handicapped in any other manner as decided by the Authority;

(f) any other public purpose subject to the approval of the Government:

Provided that, the Authority shall satisfy itself, for the reasons to be recorded in writing,
the lease shall provide the amenity in a manner which subserves the common good and
will not exploit it for profit:
Provided further that, the institutions are open to all persons without restrictions on
grounds of religion, caste, creed or place of residence.
7. Concessions for residential use. - (1) The Authority may also dispose of vacant
land for residential purposes to individuals or to co-operative housing societies at
concessional rates of premium and lease rent or of lease rent regard being had to the
total household income, percentage of expenditure on food and clothing in the total
consumption expenditure of the household and the likely surplus which the individual or
the member of the cooperative housing society would be able to set apart for housing.
(2) The Authority shall, by regulations, formulate groups in which every person can be
classified on the basis of the factors enumerated in sub-rule (1) and prescribe rates of
concessions admissible to each of such groups.
8. Disposal of Land for industrial and Commercial purposes. - The disposal of
vacant land for industrial or commercial purpose shall be strictly in accordance with the
approved layout and subject to the provisions of any other law for the time being in force
governing the setting up of new industrial or commercial establishment:
Provided that, the restrictions of the approved layout shall not apply to the lease of
vacant land for a short period not exceeding three moths, for the purposes of a fair,
exhibition, circus, drama and festival.
9. Disposal of land for religious purposes. - No vacant land shall be leased by the
Authority for a religious purpose except with the previous sanction of the State
Government.
10. Power of the Authority to permit laying of water mains in or over its lands. - (1)
The Authority may permit the laying of water mains, pipes and underground cables and
construction of cess-pools, through, on, over or underneath any land vested in the
Authority on payment of an annual sum (rent) not exceeding five per cent of the market
value of the land occupied for the purpose.
(2) The Authority may permit the erection of poles, towers, stayrods or stay-rails for
overhead cables on its lands on payment of annual rent at the rate of twenty-five paise
per pole and fifty paise per tower, stayrod or stay-rail.

Part III

Disposal of Tenements

11. Manner of disposal of [* * *] tenements in buildings constructed by the

Authority. - [(1) The Authority may dispose of -

(a) residential tenements in the building constructed by it on any of the following basis
namely:-

(i) out-right sale,

(ii) hire-purchase,

(iii) rental; and

(b) Commercial tenements in the building constructed by it by outright sale.]

(2) The Authority shall lay down the manner in which the sale price, the hire purchase
instalment or the rent is to be determined.
12. All disposal to be by public notice. - [(1)] As soon as any residential tenements in
a scheme are ready for disposal, either on account of new construction, completed or
proposed, or on account of vacancies caused in the existing tenements, the Authority
shall invite applications by a notice to be published in a manner laid down by the
Authority :
[Provided that such a notice may not be published if there is in force a waiting list of
applicants for that scheme in respect of the same group of tenements prepared in
pursuance of the provisions in the regulations made in that behalf.]
[(2) As soon as any commercial tenements are ready for disposal, either on account of
new construction, or development of a commercial centre, completed or proposed, or on
account or vacancies caused in the existing tenements, the Authority shall invite tenders
by a notice to be published in a manner laid down by the Authority.]

Part - IV

Miscellaneous

13. Reservation of tenements. - [(1)] In respect of every group of tenements, or plots

of Vacant Land in a layout to be disposed of for residential use, the Authority shall
reserve, for the following categories of persons, tenements/plots in the percentages
shows against them:-
Category Percentages
[(1) Scheduled Castes including Neo- 11%
Buddhist
(1-a) Scheduled Tribes 6%
(1-b) Nomadic Tribes 1 ½%
(1-c) Denotified Tribes 1 ½%]
(2) Journalists 2.5%
(3) Freedom Fighters 2.5%
(4) Blind or physically handicapped 2%
persons or person in absolute need
of accommodation on health
ground.
(5) Families or Defence personnel and 2%
personnel of Border Security force,
who have been killed, disabled or
declared missing in 1962 Sino-
Indian Conflict, or in 1965 or 1971
Indo-Pak Conflict, in any combat
thereafter.
(6) Ex-Servicemen and their 5%
Dependents
(7) All sitting and ex-members of 2%
Parliament Assembly or
Council,representing constituencies
in Maharashtra
(8) Employees of the Authority 2%
(9) State Government Servants and 5%
employees of the Statutory
Boards,Corporations, etc.(except the
Maharashtra Housing and Area
Development Authority) under the
State Govt. including those who
have already retired.
(10) Central Government Servants 2%
occupying Staff quarters and due for
retirement within three years or
those who have already retired.
 [(11) Artists in Film,Television,Drama, 2%
Tamasha,or Radio and also all other
persons engaged in performing arts,
including painters, sculptors,
craftsmen, musicians (both vocal
and instrumental),dancers, poets,
kawals or mimics]
[Provided that,-

(a) If sufficient number of applications are not received from the persons belonging to
any of the categories (1), (1-a), (1-b),and (1-c), the applications from persons belonging
to any of the other said four categories shall be considered for the reservation;

(b) If sufficient number of applications are not received from the persons belonging to
category (5), the applications from persons belonging to category (6) shall be
considered for the said reservations;

(c) If sufficient number of applications are not received from the persons belonging to
any of the reserved categories, other than those mentioned in clause (a) above,
tenements or plots reserved for such categories remaining unallotted may be released
for allotment to persons belonging to the general category. The tenements or plots
reserved for categories (1), (1-a), (1-b) and (1-c) shall not however, be released for
allotment to persons belonging to the general category subject to the provision of clause
(a) above to persons belonging to any other reserved category, without the approval of
Government.]

Provided further that, the reservation made for persons belonging to category (7) shall
be subject to the following conditions, namely:-

(a) A person shall be entitled to get one tenement or plot at any place in the State.

(b) He shall not be in possession of a tenement or plot on ownership basis, hire

purchase basis or rental basis at a place where he desires to have a tenement
constructed by the Authority, or a plot.

(c) If he already possess from Government or Authority a tenement or a plot either on

rental or on leave and licence basis, he shall have to surrender the said tenement(s) to
the Government or the Authority, as the case may be.

(d) He shall not be eligible to get accommodation in the M.L.As. Hostel either at
Bombay or at Nagpur if he secures a tenement from the Authority at that place or has
already constructed a house on a plot secured at that place from the Authority:

Provided further that, the eligibility of a person for inclusion in category (ii) shall be
decided by the Cultural Affairs Department of the Government and the eligibility of
persons for inclusion in any other category shall be decided in the manner laid down by
the Authority.
[(2) Notwithstanding anything contained in sub-rule (i) the Authority shall not be required
to reserve any tenements or plots for the categories of persons mentioned at serial
numbers (2) to (11) in respect of tenements or plots to be disposed of in pursuance of
any Urban Development Project assisted by the World Bank.]
[(3) In respect of every group of tenements or plots of vacant land in a lay out to be
disposed off for the commercial use, the Authority shall reserve 20 per cent tenements
or plots for the persons specified in categories (1), (1-a), (1-b) and (1-c) of sub-rule (1)
in the percentage shown against them and the same shall be disposed off by inviting
tenders from the categories of the said person :
Provided that, if sufficient number of applications are not received from the persons
belonging to any of the categories, the same may, subject to approval of Government,
be released for allotment for the person belonging to the general category.]
[14. Drawal of lots and preparation of [waiting list for residential tenements/plots].
- In case more applications are received than [the residential tenements/plots] available
for disposal for any of the reservation or for the unreserved category, [the allotment of
such tenements/plots] shall be decided by drawal of lots and a waiting list shall be
prepared in the manner laid down by the Authority.]
[15. Disposal of amenity tenements. - (1) Tenements in building constructed by the
Authority exclusively for providing amenities, such as school, post office, Police station,
hospital, shop and such like purpose for the benefit primarily of residents of a housing
colony and the tenements reserved for providing such amenities in commercial centres
shall be disposed of by the Authority by out-right sale.
(2) Tenements reserved for providing amenities of the type referred to in sub-rule (1) of
this rule in buildings constructed by the Authority for residential purposes shall be
disposed of by it either by lease or by out-right sale.
(3) Where the amenity tenements are proposed to be disposed of by the Authority on
out-right sale as provided in sub-rule (1) or sub-rule (2) of this rule, the purchases price
therefore shall be;-

(a) in the case of tenements providing public or essential services such as school, post
office, police station, hospital and such other like noncommercial purpose, as may,
having regard to its general pricing policy, be determined by the Authority; and

(b) in the case of tenements providing amenities of a commercial nature, as may be

determined by the Authority on the basis of tenders invited for the purpose.

(4) Where the purchaser of an amenity tenement is Government, a local authority, or a

public sector undertaking the Authority may, if it considers so necessary, allow the
purchase price to be paid in more than one instalment, subject to such terms and
conditions as may be deemed fit by it in that behalf.
(5) (a) When amenity tenements are proposed to be disposed of by the Authority by
lease, the premium to be charged therefore shall-
(i) in the case of tenements providing public or essential services of the type referred to
in clause (a) of sub-rule (3) of this rule, be worked out in the manner provided in sub-
rule (3) of rule 5 of these rules; and

(ii) in the case of tenements providing amenities of a commercial nature, be determined

on the basis of tenders invited for the purpose;

(b) The lease rent to be charged in such case shall be at a rate to be decided by the
Authority.

(6) The procedure prescribed for the disposal of commercial tenements shall apply,
mutatis mutandis, when the amenity tenements are proposed to be disposed of or the
premium in respect of which is proposed to be determined on the basis of invitation of
tenders.]
[16. Disposal of land under building. - The land underneath a building including a
building comprising single storied tenements, constructed by the Board and disposed of
on an out-right sale basis or hire purchase basis together with the land appurtenant
thereto, shall, subject to any directions issued by the
Authority from time to time, be conveyed by lease to the person purchasing the building
or the single storied tenement, as the case may be, or to a co-operative society,
company or an association of apartment owners formed by the occupants of the
building.]
[16A. Disposal of amenity and Commercial tenements on hire purchase basis in
certain circumstances. - Notwithstanding anything contained in any of the foregoing
rules or in any of the regulations made thereunder, if after notifying and renotifying the
tenements for disposal in accordance with the provisions of the foregoing rules or
regulations made there under the Chief Officer finds that all or any of the amenity
tenements or Commercial tenements in a building cannot be disposed of on outright
sale basis, such of the tenements as cannot be so disposed of may, with the approval of
the Authority be disposed of on hire purchase basis. The amount of deposit or earnest
money or both, the period of hire-purchase, and the amount of hire purchase, and the
amount of hire purchase instalment shall be such as might be determined by the
Authority from time to time. The tenders shall be invited and considered for the disposal
of such tenements on hire purchase basis in the same manner they are invited and
considered for the disposal of tenements on out-right sale basis.
16B. Special provisions for disposal of tenements in certain circumstances. - If,
after following the procedure prescribed in the foregoing rules or the Regulations made
there under, it is found that there is no adequate response and demand for tenements in
any particular scheme, such of the tenements as cannot be so disposed of may be
disposed of in any other manner deemed fit by the Authority.]
17. Regulations to be made by Authority. - The Authority may with the previous
sanction of the State Government, make such supplemental regulations, not
inconsistent with the provisions of the Act or these rules, as are considered necessary
by it for the proper implementation of these rules, and especially for -
(1) Matters in respect of which the foregoing provisions of these rules require the
Authority to make regulations;

(2) Housing Schemes;

(3) All matters pertaining to allotment of tenements, formation of Co-operative Societies,

Companies or Association of apartment owners formed by the occupants of the
Authority's tenements;

(4) Transfer of tenancies.

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The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer
and Exchange of Tenements) Regulations, 1981

Published vide Notification No. MH-EMR. 1080/11808-EM-9, dated 29th December,

1981 (M.G.G., Part 4C, p. 1008)

mh344

LEGISLATIVE HISTORY 
In exercise of the powers conferred by sub-section (1) of section 185 of the
Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977),
read with sub-clause (i) of clause (a), clause (b) and clause (f) of subsection (1) of
section 28 and clauses (iii), (iv), (vi) and (ix) of sub-section (3) of section 28 and section
64 of the said Act and of rule 17 of the Maharashtra Housing and Area Development
(Disposal of Land) Rules, 1981 and of all other powers enabling it in this behalf, the
Maharashtra Housing and Area Development Authority, with the previous sanction of
the Government of Maharashtra, makes the following regulations, namely :-

Part I

Preliminary

1. Short title, application and commencement. - (1) These Regulations may be

called the Maharashtra Housing and Area Development (Estate Management, Sale,
Transfer and Exchange of Tenements) Regulations, 1981.
(2) They shall apply -
(a) to the estate management, sale including transactions in the nature of sale by
deferred payment, transfer and exchange of Authority premises, not being premises
used or to be used exclusively for office or an undeveloped site, and
(b) except as provided in Part VIII, in relation to premises of the Authority in the whole of
the State.
(3) They shall come into force, at once.
2. Definitions. - In these Regulations, unless the context requires otherwise, -

(1)(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

[(b) "Allotment Committee" means a Committee appointed by the Authority or by the

Boards as the case may be for the purpose of drawing lots for allotment of tenements in
a building and for such other purposes relating thereto as the Authority or the Board
may think fit from time to time];

(c) "allottee" means a person to whom a tenement is allotted or who is put in possession
or occupation of a tenement under these Regulations, and includes :-
 (i) a housing society, a company, an Association or a body corporate established
under any law for the time being in force in the State; and .

(ii) all such persons who, before the commencement of these Regulations, are
duly and legally in possession or occupation of any premises of the Authority;

(d) "Apartment Act" means the Maharashtra Apartment Ownership Act, 1970
(Maharashtra XV of 1971);

(e) "apartment owner" means an apartment owner as defined in section 3 of the

Apartment Act;

(f) "applicant" means a person who applies under Regulation 9 in Form I for allotment of
a tenement under these Regulations;

(g) "Association" means a Association of Apartment Owners constituted under the

Apartment Act;

[(h) "Authorised Officer" means a person duly empowered by the Chief Officer, for the
purposes of these Regulations];

(i) "Authority" or "Board" includes an officer appointed by the authority or as the case
may be, by the Board to perform the functions and [to exercise the powers of the
Authority, the Board or the Chief Officer under these Regulations;]

(j) "Chief Officer" means the Chief Officer of a Board within the meaning of sub-section
(5) or (6) of section 18 of the Act;

(k) "colony" means any specified area referred to as such in which any existing Board or
the Authority has constructed buildings or is entrusted with the management of
buildings, under a housing scheme;

(l) "economic rent" in relation to tenement means the rent which is determined by the
Authorised Officer in accordance with the formula prescribed by the Government by an
order made in this behalf;

[(m) "Estate Manager" means the officer of a Authority appointed as such, and includes
an Assistant Estate Manager, appointed as such and duly authorised by the Board or by
the Authority for the purposes of these Regulations, for managing the estate of the
Authority specified in such authorisation;]

(n) "Estate of the Authority" means all lands, buildings, all easements in relation thereto
and all other property belonging to, or vesting in, the authority or in its possession for
the purposes of the Act, or these Regulations, and also includes all Authority Premises;
(o) "family" in relation to an allottee or applicant, means his spouse, sons and unmarried
daughters, and [* * *] persons who are members of his family under the personal law
applicable to him; (p) "Form" means a Form appended to these Regulations;

(q) "Government" means the Government of Maharashtra;

(r) "housing scheme" includes a housing plan or project, [but does not include a plan or
project for the construction establishment and development of a commercial centre];

(s) "housing society" means co-operative housing society registered or deemed to be

registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV
of 1961);

(t) "income" in relation to an applicant or allottee means the total average monthly
income regularly derived by the applicant or allottee and his or her spouse from any
occupation, trade, business, employment or any calling or source constituting normal
means of livelihood on the date on which an application for a tenement offered under
any housing scheme is submitted to the Authority, Board or officer specified in such
scheme or any other date specified by the Board in this behalf, but does not include,
income which is intended to reimburse any specific service, such as, conveyance
allowance, house rent allowance, travelling allowance, car allowance and such other
allowances;

[(u) "Initial instalment" means such amount of purchase price of a tenement as the
Board may determine, and which an applicant, tenderer or allottee is required to pay to
the Board before occupying such tenement, regard being had to the cost of the
tenement, whether provisional or final, constructed under any housing scheme or a
scheme for a commercial centre];

(v) "officer of the Board" means in relation to the area under the jurisdiction of the
Bombay Housing and Area Development Board, the Deputy Chief Officer (Estate
Managements), and elsewhere the Chief Officer within his jurisdiction;

(w) "purchase price" in relation to a tenement means the provisional or the final price at
which a tenement is sold to an allottee under these Regulations;

(x) "rules" means the Maharashtra Housing and Area Development (Disposal of Land)
Rules, 1981;

(y) "section" means a section of the Act;

(z) "tenant" in relation to a tenement means the persons to whom a tenement is allotted
either on lease, on payment of rent or on the basis of sale by deferred payment
(popularly referred to as a transaction in the nature of hire-purchase), till such person
has paid all the equated instalments and other dues, if any, in respect of the tenement,
and the building containing such tenement has been duly conveyed under a deed of
sale to the housing society, company or the Association;

(za) "tenement" means a part of a property intended for independent use including one
or more rooms or enclosed space located on one or more floors (on part or parts
thereof), in a building constructed under any housing scheme [or any scheme for a
Commercial Centre and intended to be used principally for residence, or for a
commercial purpose] or such other use as the Board may permit in this behalf with a
direct exit to any public street, road or highway or to a common area leading to such
street, road or highway, and includes an apartment within the meaning of the Apartment
Act;

(2) Words and expressions used in these Regulations but not defined shall have the
meanings respectively assigned to them in the Act or in the rules.

Part II

General

3. Provision for estate management. - (1) Subject to the superintendence, direction

and control of the Authority, every Board shall, within the area of this jurisdiction, be
responsible for the management of the estate of the Authority, or for the sale, including
transactions of sale on the basis of deferred payment, of tenements in any such estate,
[or for transfer or exchange of residential tenements, or for permitting caretaker
arrangement of residential tenements under these regulations], and all other matters
pertaining to the management of the estate of the Authority.
(2) The Board may, by an order in writing, also authorise such officers working under
the Board or Authority not below the rank of an Estate Manager to discharge such
functions and duties, and exercise such powers in relation to matters referred to in
clause (1) as may be specified in the order.
(3) Save as aforesaid, subject to the general supervision of the President, the Vice-
President, the Chairman and Vice-Chairman, the Chief Officer shall manage the estate
of the Authority with the assistance of the officers duly authorised by the Board for the
purpose of these Regulations under clause (2).
(4) The Estate Manager and other staff of the Authority appointed for the work of estate
management shall be responsible to the officer of the Board for management and for
that purpose may also exercise all or any of the powers specified in this Regulation.
(5) The Estate Manager may for and on behalf of and in the name of the Authority, -

(a) ask for or demand and receive payment of rent and other amount due to the
Authority and give receipts for payment made to the Authority;

(b) give notices to occupiers of the tenements for and in relation to the recovery of rent,
eviction, re-entry or re-taking possession of the tenements, unauthorised additions and
alterations therein or breach of any of the terms and conditions of the agreement or
lease or any other purpose whatsoever under any law, agreement, lease or order of the
authority, as the case may be;

(c) report cases of persons falling under section 66 of the Act to the Competent
Authority, and furnish for the said purpose, necessary information, files, documents and
other evidence, reenter, re-take or resume possession of any tenement whenever
required or remove any unauthorised occupier of any tenement, with the requisite
assistance of the other employees of the Authority;

(d) institute, maintain or conduct legal proceedings for recovery of claims, eviction,
distress and defend legal proceedings instituted against the authority. Board or any
officer thereof in the discharge of his official duties, and may also sign, verify, declare,
affirm and present plaints, petitions, applications, affidavits, appeal memoranda,
vakalatnamas for Counsel and Advocates, or Solicitors engaged by the Authority; and

(e) generally do such acts, deeds and things and execute such documents or
instruments as may be proper and necessary for all or any of the purposes aforesaid.

(6) All amounts recovered by any officer under these Regulations or in pursuance of any
documents or instruments, shall be credited forthwith to the fund of the Authority.
Explanation. - [* * *]
[4. Housing Schemes. - There may be different housing scheme based on reasonable
classification as the Board may specify in the notice publish under Regulation 7 of these
Regulations.]
[4A. Schemes for Commercial Centres. - The Authority may formulate schemes for
the construction, establishment and development of Commercial Centres at such places
and for such categories of commercial establishment as it may deem expedient.]
5. Reservation of tenements. - Subject to the provisions of these Regulations :-

(1) there shall be reserved by the Board in every housing scheme, or in relation to
housing scheme in any area during any period specified in this behalf, tenements fob
the categories of persons as specified in rule 13 of the rules in the percentages shown
against them in the said rule;

(2) there may be reserved by the Board in every colony not exceeding two percent of
the existing tenements therein,

(a) for locating such amenities provided in the colony as the Authority may by general or
special order specify in this behalf; and

(b) for the staff appointed for the administration and maintenance of the colony on such
terms and conditions and in such manner as the Board may, subject to any general
directions of the Authority, think fit;

[(3) the reservation of tenements under sub-clause (a) of clause (2) may be made on
such principles, in such manner and on payment of such rent or sale price as the
Authority may determine in accordance with the provisions of rule 15 of the Maharashtra
Housing and Area Development (Disposal of Land) Rules, 1981.]

Part III

[Allotment of Residential Tenements]

[5A. Part not to apply to commercial tenements. - The provisions of this part shall
not apply to allotment of commercial tenements.]
6. Procedure for allotment. - [(1) The tenements may be allotted either on the basis of
monthly tenancy, or on the basis of sale by deferred payment or on the basis of out-right
sale.]
[(2) The allottees of tenement shall held the tenements as Authority premises until the
said tenement, after the payment of all the dues of whatever nature is made to the
Authority, are duly conveyed to a Cooperative Housing Society or to a Company or to
Association.]
[(3) Notwithstanding anything contained in these Regulations the entire building in a
scheme may be allotted on the basis of outright sale to the Government or to any
Corporation owner or controlled by the State or to any local authority for purposes of
residential use :
Provided that, the allotment may be made after meeting the demand of persons who
have applied in response to the advertisement if the scheme is already advertised.
(4) On such allotment under clause (4), the building together with the land underneath
and appurtenant thereto shall vest in, and belong to, the Government or as the case
may be, the Corporation, and shall be held by it on such conditions and restrictive
covenants as may be specified by the Board in this behalf, regard being had to the
common service and amenities, common areas and facilities available in relation to
such building and the adjoining property of the authority, if any, including water tanks,
water connections, electric installations and the like.]
7. Notice inviting applications for allotment of tenements. - (1) The Chief Officer
shall display a notice on the Notice Board of his office, inviting applications for
residential accommodation in a building constructed or under construction or proposed
to be constructed under any housing scheme before such date as may be specified in
the notice.
(2) The notice shall specify such details of the building and tenements therein, the class
of persons who may be eligible for allotment, the reservation for the different categories
of persons, the preference, if any, to be given to any class of persons in the matter of
allotment of tenements, the manner of allotment, the amount of deposit or earnest
money or both to be paid, the circumstances in which the amount of deposit or earnest
money or any portion thereof may be retained by the Board towards administrative
expenses and such other terms and conditions of allotment as may be decided by the
Chief Officer.
(3) The notice shall constitute an offer of the tenements to the applicants for acceptance
of the conditions specified in the notice.
[(4) Where any Board displays a notice on its notice board under sub-clause (1) of this
regulation, the Chief Officer shall forthwith publish a notice in at least two widely read
news papers of which at least one shall be in Marathi giving full details relating to the
housing scheme for inviting application.]
[8. Receipt of Application. - Application for housing scheme displayed under
Regulation 7 shall be received by any designated officer or in any of the nominated
Branches of the Bank/Banks to be nominated by the Chief Officer and shall be serially
registered in a Register maintained for this purpose.]
9. Application for tenements. - (1) Any person desirous of getting a tenement for bona
fide residential purposes may, in pursuance of the notice displayed under Regulation 7,
apply in Form I. The application shall be accompanied by such particulars as specified
in the Forms. Persons below the age of 18 years shall not be eligible to apply for any
tenement.
[(1A) A person shall not be eligible to apply for any tenement in municipal area if he or
his/her spouse or his/her minor children own a house or a flat or a residential plot of
land or holds on a hire-purchase basis or outright sale basis or on a rental basis form
the Maharashtra Housing and Area Development Authority a house or a flat or a
residential plot of land in his/her name, or in the name of his/her minor children as the
case may be, in such a municipal area.]
(2) No application shall be accepted unless -

(a) it is received with its acknowledgements on or before the date specified in the notice
displayed under Regulation 7; and

(b) the applicant pays the earnest money or makes the initial payment as specified or
required in accordance with such notice.

(3) The applicant shall not be entitled to any interest, on the amount of the earnest
money or such initial payment made by him under this Regulation.
[(4) No person shall tender more than one application in the general category or any
reserved category in any scheme.
[(5) * * *]
[10. Verification of application. - On receipt of all the applications the applications
shall be verified to see the completeness of the applications and of the requisite
enclosures. Incomplete application shall stand summarily rejected and no
representation or appeal shall be entertained. The remaining applications shall be prima
facie treated as eligible applications subject to the detailed scrutiny after holding of
drawal of losts if found necessary.]
[11. Drawal of Lots. - (1) A public drawal of lots shall be held by the Chief Officer if the
number of applications prima facie held eligible in each category exceeds the number of
tenements being offered for allotment. In these draw, the number of lots drawn shall be
equal to the availability of plots/tenements in each category. This will constitute the list
of successful allottees subject to the delayed scrutiny.
(2) With a view to providing for a certain number of successful applications in the above
drawal of lots being subsequently found to be ineligible on detailed scrutiny to be held
after the drawal of lots, the Chief Officer shall proceed to draw lots from amongst the
remaining prima facie eligible applicants to constitute a waiting list for allotment purpose
subject of a scrutiny. The number of lots to be drawn for this waiting list shall not be less
than the number of tenements/lots in the scheme.
(3) After each draw the Chief Officer or an official nominated by him for this purpose
shall enter the name of each drawee in the Register maintained for the purpose so that
the names of successful drawees as well as those in waiting list are entered in the said
Register in the same order in which they emerge out of the lots. There shall be a
separate Register for each category.]
[12. Determination of eligibility. - (1) A detailed scrutiny of these applicants successful
in the drawal of lots that is the list of successful allottees shall be held in the first
instance. The list of these applicants out of this list found eligible after detailed scrutiny
shall be displayed on the notice board of the Board and eligible applicants shall also be
communicated by R.P.A.D. If necessary, the result of this scrutiny would also be
announced in widely read local newspaper. Those who are held eligible in the detailed
scrutiny shall constitute the "approved list" of allottees,
(2) After determination of the eligibility as provided in clause (1), the Chief Officer shall
or any other officer nominated by the Chief Officer for the purpose shall proceed with
the allotment of tenements being offered as provided in Regulation 17, out of the
successful list and the waiting list.
(3) Those applicants whose applications have been rejected in the detailed scrutiny
shall have the right to represent against the decision to Chief Executive Officer/M.H. &
A.D. Authority within 15 days of the receipt of the rejection letter. On receipt of any such
representation, the Chief Executive Officer/M.H. & A.D.A. may review himself or through
an officer appointed by him not below the rank of Deputy Chief Executive Officer or a
Deputy Collector, the earlier decision if found necessary. If the representation is
rejected the decision shall contain in brief the reasons for rejection. The decision on
such representation shall be communicated to the applicant by the R.P.A.D.
(4) Upon admission of the representation by the Chief Executive Officer, the Chief
Officer shall hold back from actual allotment a number of tenements/plots equal to the
number of applicants who have represented against his decision of the Chief Executive
Officer within the prescribed time limit.
(5) In the meanwhile with a view to allotting the tenements equal in member to those
held ineligible by the Chief Officer (and by the Chief Executive Officer) under Regulation
12, the Chief Officer or Officer nominated by him in this behalf shall proceed to
scrutinise the application in the waiting list according to their serial number given in the
waiting list Register maintained under Regulation 11. Those applicants in the waiting list
who are held ineligible in a detailed scrutiny shall have the same right to represent as
specified in Regulation 12.
(6) The above process of detailed scrutiny and right of representation to those held
ineligible shall be continued till all the tenements/plots advertised or actually available
are allotted and handed over or the waiting list has been exhausted whichever is earlier.
Thereafter the waiting list will cease to be operative.]
[12A. Procedure in cases of previous assessment. - (1) In cases wherein a housing
scheme has been undertaken after a survey or an assessment of the housing
requirements of the members of the public in a particular locality and in pursuance of
the applications received from them in that behalf, regular applications under Regulation
7, for allotments to be made for tenements in a building or buildings constructed or to be
constructed in such a scheme, shall initially be invited only from such of the persons
who had earlier applied and registered their names in response to the advertisement
published for the assessment of the housing requirements of the members of the public
in that locality :
Provided that, if the number of tenements that are constructed or are to be constructed
in such a scheme is more than the application received at the time of assessment
survey, the notice inviting applications for residential accommodation displayed under
Regulation 7 need not be restricted to such persons but in that case the preference for
allotment of tenements in that scheme shall be given to such persons who had applied
and registered earlier and who are found to be eligible for the same.
(2) If the persons who had earlier applied and registered their names in tenements in
such a scheme do not apply in response to the notice displayed under Regulation 7,
they shall be deemed to have withdrawn from the scheme and shall not thereafter be
eligible for allotment of a tenements therein on the strength of their earlier application
and registration.
(3) The amount of deposit or earnest money, if any, paid by a person at the time of
assessment survey shall, subject to the deduction of such administrative expenses as
may be determined by the Authority, be refunded to him if he has not applied in
response to the notice displayed under Regulation 7.
(4) If after allotment of tenements in such a scheme to all the eligible persons who had
applied both at the time of the assessment survey and in response to the notice
displayed under Regulation 7, there are any surplus tenements remaining to be failed
in, the Chief Officer shall, if necessary, renotify the same and shall allot them to
members of public in accordance with the provisions of these Regulations.]
[13. Allotment of tenements. - (1) Allotment of tenements to the eligible applicants
shall be floor wise commencing from the first floor of the building to be continued to
other upper floors serially and the tenements on the ground floor shall be allotted after
the allotment of all the tenements on the upper floors is completed. The tenements on
each floor of the building as far as practicable be allotted to eligible applicants in the
general category and in each of the reserved categories in proportion to their respective
percentages specified in the notice displayed under Regulation 7 and in the order of
their ranks entered in the Register maintained under Regulation 11.
(2) Housing Schemes for specific category or categories shall be prepared and
implemented by Maharashtra Housing and Area Development Authority with the
approval of Government.
(3) The names of persons to whom the tenements are so allotted and all the particulars
of the tenements so allotted and any other such particulars as may be determined by
the Chief Officer shall be entered in the Allotment Register to be kept for the purpose.]
[14. Renotification of vacancies. - (1) If for some reasons it is found that all the
tenements advertised cannot be offered to those in the approved list or to those in the
waiting list according to the procedure in these regulations then the tenements
advertised shall be renotified by themselves or as part of any other scheme of the
Board.
(2) If the number of eligible applicants for the tenements advertised for the second time
under clause (1) is less than the number of tenements so advertised the Board may
offer any or all unallotted tenements as per direction of the State Government or with
the prior approval of Government.]
[14A. Special provision for disposal of tenements in certain circumstances. - If
even after renotification of vacancies as provided in Regulation 14 there is no adequate
response and demand for tenements in any particular scheme such of the tenements as
cannot be so disposed of must be disposed of on the 'first served' basis or in any other
manner determined by the Authority from time to time.]
[15. The variation of the price of tenements. - The price at which the tenements are
offered under a scheme could vary amongst the allottees as in certain cases
considerable time may have elapsed from the time of advertisement till the actual
allotment.]
[16. Allotment of tenements by Board on direction of State Government. - (1)
Notwithstanding anything contained in these Regulations but subject to the provisions of
clauses (2) and (3), the Board may allot tenements in any building to any persons
according to the direction of the State Government :
Provided that, tenements already advertised for allotment for members of the public
shall not be so allotted.
(2) The number of tenements to be so allotted shall be restricted to the extent of 2 per
cent, of the total number of tenements in buildings, the tenements in which are notified
for the first time, by issuing advertisement or otherwise, for disposal in accordance with
the provisions of these Regulations in the year under each of the Economically Weaker
Section, Lower Income Group, Middle Income Group and Higher Income Group
Category under any of the tenements earmarked earlier for it for a category under any
scheme in any city, town or area under this Regulation and direct the Board to allot, in
lieu thereof a tenement in the same category in any other scheme in the same city, town
or area if it is still available for allotment to any person intimated by the State
Government.
(3) The tenements in any scheme remaining unallotted even after the issue to two
advertisement as provided in these Regulations shall be deemed to be available for the
purposes of this Regulation and may, if so directed by Government, be allotted by the
Board to Government nominees, within the quota specified in clause (2).]
17. Intimation of allotment of tenements. - (1) Subject to the provisions of these
Regulations, the Authorised Officer shall send an intimation of allotment in Form II to
every eligible applicant on the approved list.
(2) On receipt of the intimation of allotment, the allottee may, within the period specified
in the letter, accept the allotment of the tenement in Form III, and pay the amounts
referred to in Form II and specified in the notice displayed under regulation 7, if any.
(3) Subject to the provisions of this regulation, every acceptance in Form III shall
constitute acceptance of the offer made in the notice published under regulation 7, and
in the letter of allotment in Form II.
(4) [* * *].
18. Power to withdraw allotment. - (1) Notwithstanding anything contained in
Regulation 17 the Chief Officer may, before any tenements are handed over and
occupied by the applicants, review any decision regarding allotment and may by order
withdraw the allotment duly made under clause (1) of Regulation 17 if he is satisfied that
on the basis of any fresh evidence before him, the allotment of the tenement is required
to be withdrawn.
(2) Every such order withdrawing an allotment shall be communicated in writing to the
applicant, along with the grounds on which the allotment has been withdrawn.
(3) The order of the Chief Officer withdrawing the allotment shall, subject to an appeal to
the Chief Executive Officer, be final and binding on the applicant.
(4) Any applicant, who is aggrieved by the decision of the Chief Officer, may, within a
period of fifteen days from the date of receipt of the order, file an appeal before the
Chief Executive Officer stating in brief the grounds for appeal.
(5) Every appeal shall be decided by the Chief Executive Officer within a period of three
weeks from the date of filing of the appeal and every order rejecting the appeal shall
state briefly the grounds for such rejection.
19. Transfer of application. - If any applicant on an approved list or waiting list dies or
is transferred or leaves the place in which the tenement is located, or for any other
reason which, in the opinion of the Authorised Officer, is adequate, his application may
with the previous approval of the [Chief Officer] be transferred in the name of any other
bona fide member of his family whose name is mentioned in the application for
allotment under these Regulations. In case the bona fide member is not interested or if
there be no bona fide member then the tenement may be allotted to the next person in
the waiting list.
20. Final allotment. - (1) After the tenements are ready for occupation, the Estate
Manager shall -

(a) in respect of tenements to be allotted on the basis of sale by deferred payment,

issue an allotment letter in Form IV to such applicants who have accepted and complied
with the requirements of the letter of intimation of allotment in Form II informing them
that the tenements have been finally allotted to them on the terms and conditions
accepted by them;

(b) in respect of tenements to be allotted on rental basis, issue an allotment letter in

Form V; and

(c) in cases falling under sub-clauses (a) and (b), the applicants shall in writing be
asked to take over possession of the tenement within such period as may be specified
in the letter.

(2) On acceptance of the allotment of a tenement in cases falling under sub-clause (a)
or sub-clause (b) of clause (1), the allottee shall, subject to the provisions of clause (4)
of regulation 21 execute a tenancy agreement in Form VI in favour of the Authority, and
shall comply with the terms and conditions of such agreement.
(3) Such tenancy agreement in the case of a tenement sold on the basis of deferred
payment shall subject to the provisions of the proviso to clause (4) of regulation 21
remain in operation only in so far as the building containing such tenement and the land
underneath and appurtenant to the building is duly conveyed to the housing society,
company or the Association as provided in these Regulations.
21. Allotment on basis of deferred payment, allottees to form society or company
or Association. - (1) Unless otherwise specially decided by the Authority, as soon as
the minimum number of persons required to form a housing society, or a company or
Association, as the case may be, have taken possession of the tenements and in any
case not later than three months after the final allotment, such persons shall submit an
application -

(a) to the Registrar of Co-operative Societies for the registration of the allottees as a
housing society, or

(b) to the Registrar of Companies for forming a company of the allottees under the
Companies Act, 1956, or

(c) to the Board requesting that the Authority as owner of the building may, after all the
allottees have paid the full purchase price of the tenements allotted and the Authority
has no objection to convey the building to the apartment owners, submit the building
containing the tenements allotted to them, and the land underneath and appurtenant
thereto (hereinafter collectively referred to as the property), to the provisions of the
Apartment Act with the condition that the Authority shall grant a lease of such land to
the apartment owners on the terms and conditions of lease being disclosed in the
declaration either by annexing to the Declaration a copy of the instrument of lease to be
executed or otherwise.

(2) Every application under clause (1) shall be accompanied by a 'No Objection
Certificate' from the Board to the effect that the Board has no objection to forming a
housing society or a company or to the submission of the property to the provisions of
the Apartment Act.
(3) The allottees, shall, after the application is made under clause (1), take all steps to
get themselves registered as a housing society, or company, or as the case may be
expedite the Board to submit the property to the provisions of the Apartment Act, as
provided in sub-clause (c) of clause (1) of this regulation and on the formation of the
housing society or company inform the Board, accordingly. Where the property is to be
submitted to the provisions of the Apartment Act, the Board shall expedite the Authority
for such submission, and proceed to take all necessary steps under that Act.
(4) On the formation of the housing society or company, the Board shall arrange to
lease the property to the housing society or the company and in any other case, the
Board shall lease the tenements in the building to each allottee where the allottees have
expressed desire to submit the building to the provisions of the Apartment Act, and
thereupon, the society or the company or the allottees shall hold the property, or as the
case may be, the land and the tenement purely as tenants of the Authority, until all the
allottees have paid the full purchase price of the tenements and all other outstanding
dues, if any, to the Authority, and the property is duly conveyed to the housing society
or company or to the Association :
Provided that, where the allottees have paid the full purchase price and there are no
outstanding dues due to the Authority, and the property is [* * *] duly conveyed to the
society, company or Association, as provided in this regulation, the tenancy executed in
favour of the housing society, company or allottees shall stand terminated and the
building shall cease to be Authority premises and the housing society or company or the
allottees, as the case may be, shall hold the building as owner thereof subject, however,
to the condition that the land beneath and appurtenant to the building shall be held on
lease from the Authority as provided in these Regulations.
(5) The housing society, the company, or as the case may be, the allottees shall hold
the property on lease duly executed in that behalf as tenants of the Authority and till the
lease is in force, the property shall remain as the Authority premises subject to the
provisions of the Act.
(6) After the entire amount due from a housing society, company, or as the case may
be, allottees in respect of the tenements, in a building or group of buildings is paid to the
Authority, the Chief Officer, shall without undue delay take steps to convey the building
to the housing society, the company or the Association with its right, title and interest in
the building containing the tenements, and lease to it the land underneath and
appurtenant thereto and execute the necessary document in that behalf and deliver all
documents of title relating to the building aforesaid and of the lease of land aforesaid to
the housing society, the company or the Association, as the case may be.
[(6A) Notwithstanding anything contained in the foregoing provisions of this Regulation
or clause (2) of Regulation 4, but subject to the provisions of any municipal or planning
law for the time being in force, the Authority may; if the circumstances.so require, in the
case of tenements in a single storeyed building constructed by the Board and disposed
of on an out-right sale basis or hire-purchase basis, direct the Chief Officer to take steps
without undue delay, after the entire amount due from all the allottees in the building is
paid to the Authority,-

(i) to convey the tenements in such a building to the individual allottees thereof with its
right, title and interest therein;

(ii) to lease to them the land underneath and appurtenant to their respective tenements;
and

(iii) execute the necessary documents in that behalf.]

[(7) All charges including stamp duty and registration fees to be paid in respect of the
documents referred to in clause (6) or clause (6A) shall be borne by the housing
society, company or the Association, or the allottee, as the case may be.
Explanation. - In sub-clause (c) of clause (1) the expression "Declaration" has the
meaning assigned to it in the Apartment Act.]

[Part III-A]

Allotment of Commercial Tenements

21A. Manner of allotment. - All commercial tenements shall be allotted in accordance

with the provisions of this part.
21B. Allotment on basis of outright sale. - (1) The commercial tenement shall be
allotted on the basis of outright sale.
(2) On payment of the whole of the amount of sale price and all other dues, if any, by all
the allottees in building or a group of buildings in a Commercial Centre the building or
the group of buildings shall be conveyed by the Authority to the co-operative society, the
company or the Association, as the case may be, formed by the allottees thereof under
a duly executed sale deed and the land beneath appurtenant thereto shall be given to
such co-operative society, company or Association, as the case may be, on lease in
accordance with the provisions of the Maharashtra Housing and Area Development
(Disposal of Land) Rules, 1981, and subject to the terms and conditions specified in
such a lease deed.
(3) Until the building is so conveyed to a co-operative society or a company or an
Association and the land underneath and appurtenant thereto is leased to it the same
shall continue to be a "authority premises" and the provisions of the Act and the Rules
and Regulations made thereunder shall Continue to apply in respect of all matters
regulated by them.
21C. Notice inviting tenders for allotment of commercial tenements. - (1) The Chief
Officer shall display a notice on the Notice Board of his office, inviting sealed tenders for
allotment of commercial tenements in a building or a group of buildings constructed or
under construction or proposed to be constructed as a Commercial Centre, before such
date as may be specified in the notice. The tenders shall be invited for specific
tenements or groups of tenements in buildings in a Commercial Centre.
(2) The notice shall specify such details and salient features of the building and each of
the tenement or a group of tenements, as the case may be, proposed for sale therein,
the categories of establishments, if any, that are proposed to be located in the
Commercial Centre, the number of tenements allocable to each such category, the
manner of allotment, the amount of deposit or earnest money or both to be paid, the
circumstances in which the amount of deposit or earnest money or any portion thereof
may be forfeited or retained by the Board towards administrative expenses, the date on
which and the time at which the tenders would be opened in the presence of the
tenderers, and such other terms and conditions of allotment as may be decided by the
Chief Officer.
21D. Publication of notice in newspapers. - Where any Board displays a notice on its
Notice Board under regulation 21-C, the Chief Officer shall forthwith publish a notice in
such daily newspapers, as he thinks fit, of which at least one notice shall also be
published in English or Hindi newspaper of the area, that a notice containing the details
relating to the scheme for a Commercial Centre for inviting tenders has been displayed
on the Notice Board of the Board and is open for inspection during office hours.
21E. Application for commercial tenements. - (1) Any person desirous of getting a
commercial tenement for bona fide commercial purpose or any other non-residential
purpose approved by the Authority may, in pursuance of the notice displayed under
regulation 21-C, present a tender in Form VI-A. The tender shall be accompanied by
such particulars as specified in the Form. Persons below the age of 18 years shall not
be eligible to present tenders for any commercial tenement.
(2) No tender shall be accepted unless -
(a) it is received with accompaniment on or before the date specified in the notice
displayed under regulation 21-C, and

(b) the tenderer pays the deposit/earnest money or makes the initial payment as
specified or required in accordance with such notice.

(3) The tenderer shall not be entitled to any interest on the amount of the
deposit/earnest money or such initial payment made by him under this regulation.
21F. Register of applications. - (1) On receipt of a tender under regulation 21-E, the
Authorised Officer shall enter such tender in a register maintained for the purpose, in
the order in which it is received by him and enter on the tender the number specified in
the register, and the date of its receipt and shall thereafter send a receipt to the tenderer
in token of having received the tender on the aforesaid date. There shall be maintained
a separate register for each of the commercial tenement or a group of tenements, as
the case may be, under the scheme advertised under regulation 21-D. Each such
register shall be closed everyday till the last day under an appropriate certificate by the
Authorised Officer.
(2) All tenders and the register in which such tenders are entered shall, on the expiry of
the last date of receipt of tenders be kept with the Chief Officer.
21G. Opening and scrutiny of tenders. - The tenders presented by the persons
interested in the allotment of commercial tenements on or before the date specified in
the notice displayed under clause (1) of regulation 21-C shall be opened by the Chief
Officer tenement-wise in the presence of the Chief Accounts Officer on the date and at
the time specified in the notice displayed under the said clause (1) of regulation 21-C.
The tenderers shall be entitled to be present when the tenders are opened, scrutinized
and selected for allotment.
(2) On opening of the tenders, they shall be arranged in the order of the price tendered,
that is, the tender containing the highest offer shall be put at the first place followed by
the tender containing the next higher offer and so on.
(3) The names of the tenderers so arranged shall be entered in a register kept for the
purpose.
(4) The Chief Officer shall thereupon ensure that each tenderer fulfils the conditions of
allotment displayed in the notice under regulation 21-C and as disclosed from the
particulars specified by him in Form VI-A. The tenderers who, as a result of such
scrutiny are held to be ineligible shall not be considered for allotment of commercial
tenements in the category of tenements in the scheme under scrutiny. The names of the
eligible tenderers shall be entered in separate register kept for the purpose in the order
of the price tendered, that is, tenderer whose tender contains the highest offer shall be
entered first followed by the tenderer offering next higher tender and so on. The names
of tenderers entered in the said register shall constitute the approved list for the
purposes of allotment of commercial tenements.
(5) There shall be a separate register for each commercial tenement or a group of
commercial tenements, as the case may be.
(6) After the entries on a page of the register of tenderers kept under clause (3) or
clause (4) of this regulation are complete the Chief Officer and the Chief Accounts
Officer of the Board shall each sign the page and any erasers made thereon in token of
the names or erasers being made in their presence and with their approval.
21H. Allotment of tenements. - (1) A commercial tenement or a group of commercial
tenements shall, subject to the provisions of clause (2) of this regulation, be allotted by
the Chief Officer to the tenderer who is held eligible and whose tender is the highest for
the tenement or a group of tenements, as the case may be, for which he has presented
his tender. The names of the persons to whom the tenements or group of tenements
are so allotted in a building or a group of buildings in a Commercial Centre and the
particulars of the tenements or group of tenements allotted to them in-a building or a
group of buildings and such other particulars as may be determined by the Chief
Executive Officer shall be entered in the allotment register kept for the purpose.
(2) Notwithstanding anything contained in clause (1) of this regulation-(a) the Chief
Officer may, if necessary, reject all or any of the tenders without assigning any reasons.

(b) the conditional tenders shall be liable to be rejected.

(c) the Chief Officer shall not, in cases wherein the highest tender is for an amount
which is less than the upset price determined by the Authority accept the tender or allot
the tenement but shall place the matter before the Board and make the allotment or
reject all the tenders in accordance with the decision of the Board in that behalf;

Provided that, no such allotment in pursuance of the Board's decision shall be made by
the Chief Officer unless the decision of the Board is confirmed by the Authority. The
Authority shall, as far as possible, confirm or refuse to confirm such decision within a
period of two months from the date of receipt of Board's decision. The decision of the
Authority in such a case shall be final.
21I. Renotification of vacancies. - (1) If there are no tenders offered for any
commercial tenement or a group of commercial tenements in a Commercial Centre or if
all the tenders offered are rejected under these Regulations or of the tenement or the
group of tenements is not allotted to any tenderer for any reason whatsoever, the Chief
Officer shall renotify the vacancy under regulation 21-C.
(2) The Chief Officer may at the time of renotification of vacancies, if considered so
necessary, change the category of establishment to be located in the renotified
commercial tenements.
21J. Intimation of allotment of commercial tenements. - (1) Subject to the provisions
of these Regulations, the Authorised Officer shall send an intimation of allotment to
every successful tenderer whose name has been included in the allotment register kept
under regulation 21-H.
(2) On receipt of the intimation of allotment, the allottee shall, within the period specified
in the letter, accept by letter to be addressed to the Chief Officer the allotment of the
tenement and pay the amounts referred to in the allotment letter and specified in the
notice displayed under regulation 21-C, if any.
(3) If the allottee does not convey to the Chief Officer his acceptance of the allotment of
tenement to him, or pay the amounts referred to in the allotment letter, within the period
specified or, if the period so specified is extended by the Chief Officer, within the period
so extended, the allotment made in his favour shall be liable to be cancelled and the
amount of deposit or earnest money paid by him shall stand absolutely forfeited to the
Authority.
(4) Subject to the provisions of this regulation every acceptance under clause (2) shall
constitute acceptance of the offer made in the notice published under regulation 21-C
and in the letter of allotment.
21K. Offer to next highest tenderer in certain circumstances. - If the allotment made
in favour of a successful tenderer is for any reason cancelled under the provisions of
these Regulations before the tenement is handed over and occupied by the tenderer,
the next highest tenderer, in the approved list may be offered and allotted with such
tenements on payment of the price agreed to be paid by the original successful
tenderer.
21L. Power to withdraw an allotment. - (1) Notwithstanding anything contained in
regulation 21-J, the Chief Officer may, before any tenements are handed over and
occupied by the successful tenderers, review any decision regarding allotment and may,
by order withdraw the allotment duly made under clause (1) of regulation 21-J if he is
satisfied that on the basis of any fresh evidence before him, the allotment of the
tenement is required to be withdrawn.
(2) Every such order withdrawing an allotment shall be communicated in writing to the
tenderer along with the grounds on which the allotment has been withdrawn.
(3) The order of the Chief Officer withdrawing the allotment shall, subject to an appeal to
the Chief Executive Officer, be final and binding on the tenderer.
(4) Any tenderer, who is aggrieved by the decision of the Chief Officer, may, within a
period of 15 days from the date of receipt of order, file an appeal before the Chief
Executive Officer stating in brief the grounds for appeal.
(5) Every appeal shall be decided by the Chief Executive Officer within a period of three
weeks from the date of filing an appeal and every order rejecting the appeal shall state
briefly the grounds for such rejection.
21M. Final allotment. - (1) After the tenements are ready for occupation, the Estate
Manager shall issue an allotment letter to such of the tenderers who have accepted and
complied with the requirements of the letter of intimation of allotment informing them
that the tenements have been finally allotted to them on the terms and conditions
accepted by them. The tenderer shall in writing be asked to take over possession of the
tenement within such period as may be specified in the letter.
(2) On acceptance of the allotment of a tenement, the allottee shall be governed by the
terms and conditions contained in the allotment order and the provisions of the Act and
Rules and Regulations made thereunder till the property is duly conveyed to the co-
operative society, company or association as provided in these Regulations.

Part IV

Certain Powers of Board

22. Powers of Board to increase price of tenements. - (1) Notwithstanding anything

contained in the notice inviting applications or in the agreement extended by an,
allottee, the Board shall, if the expenditure including interest on the amount of loans
taken by the Authority, if any, and the expenditure incurred on supervision has
increased the cost of tenement/building, be competent to revise the price of a tenement
already specified in the notice or agreement.
(2) All the allottees in relation to the tenements aforesaid shall be bound by such
revision, and they shall either pay the difference, if any, between the price so
determined and the price paid by them within two weeks from the date of demand, or as
the case may be, entitled to a refund of such difference.
23. Power of Board to utilise FSI. - Notwithstanding anything contained in these
Regulations, where the Floor Space Index in respect of any building, the tenements in
which have been allotted, has not been fully utilised, the Authority may utilise the Floor
Space Index by erecting an additional floor or floors or otherwise, at any time before the
building is conveyed under a duly executed deed of sale to the housing society,
company or Association and thereupon, all the provisions of these Regulations relating
to allotment of tenements in the portion of the building so constructed shall apply as
they apply in relation to tenements already allotted in such building.
[23A. Part not to apply to commercial tenements. - The provisions of this part shall
not apply to commercial tenements.]

Part V

Transfer of Tenements

24. Transfer of Tenements. - If any allottee dies, or, in the course of his sendee or
employment, is transferred, or secures or intends to secure another accommodation or
leaves the place within the jurisdiction of the local authority in which the tenement is
located for reasons not known to him or anticipated by him [prior to the allotment of the
tenement or desires to transfer the tenement to any member of his family,] his tenement
during the currency of the tenancy under Regulation 20, may be permitted by the Chief
Officer to be transferred in the name of any other member of his family :
Provided that, such member [* * *] undertakes to abide by the provisions of these
Regulations.
25. Prohibition against transfer of tenement. - (1) No allottee shall, during the
currency of the tenancy under Regulation 20, transfer any tenement allotted to him
except with the previous permission in writing of the Board and also of the housing
society or the company, if such a society or company has already been formed and
registered.
[It shall be open to the Board to refuse the permission or to grant the same subject to
such conditions including a condition regarding the payment of a portion of the
unearned increase in the value of the tenement not exceeding fifty per cent, of such
increase as the Authority may, in its absolute discretion but subject to the other
provisions of this Regulation, thinks fit.]
[(2) The housing society or the company may give permission to transfer any tenement,
if ,-

(a) (i) a period of five years has elapsed from the date of allotment of tenement under
Regulation 20 to the allottee;
(ii) in the case of tenements falling in the housing schemes formulated for persons
belonging to the Economically Weaker Section or the Low Income Group or the Middle
Income Group, the transferee falls within any of the aforementioned groups;

(iii) in the case of tenements falling in the housing schemes formulated for persons
belonging to High Income Group, the transferee falls within the same income group;

(b) the transferee has paid all the dues to the Board on behalf of the Authority.]

(3) If any allottee transfers any tenement in contravention of the provisions of clause (1)
or clause (2) -

(a) the Board may declare such transfer to be invalid and to be of no effect, and the
transfer made in favour of the transferee shall stand cancelled;

(b) the transferee shall deemed to be in unauthorised occupation of the tenement and
may be evicted therefrom under Chapter IV of the Act :

Provided that, no such declaration shall be made unless the transferee has been given
an opportunity to submit his explanation in writing to the Board; and

(c) the Authority shall refund the amount paid by the allottee without any interest after
deducting an amount equal to rent for the period during which the tenement was
occupied by the allottee.

Explanation. - In this clause "rent" means "economic rent" as determined by the Board.
[25A. Part not to apply to commercial tenements. - The provisions of this part shall
not apply to commercial tenements.]

Part VI

Provisions Relating to Tenements Allotted under these Regulations

26. Consequences of failure to accept tenements to join housing society,

company, etc. - (1) If an allottee, -

(a) fails to accept the tenement offered to him, and to pay the required amount; or

(b) fails to take possession of the tenement so offered within the period specified in the
allotment order; or

(c) having taken possession of the tenement, refuses or fails to join [co-operative
society or a company or an association] as the case may be, the Authorised Officer may
cancel the allotment, remove his name from the approved list, and evict him under the
provisions of the Act and retain towards administrative expenses such part of the
earnest money paid by the applicant not exceeding one per cent, of the sale price of
tenement as the Board may decide, regard being had to the circumstances in which his
name is being removed, and the balance shall be refunded to the allottee without any
interest due to him after deducting from the balance and from the initial instalments or
the security deposit the amount of compensation for occupation for the tenement and
the amount of damages to the premises, if any. When the amount of initial instalment
and security deposit falls short of the amount of compensation together with the amount
of damages, the amount shall be recoverable from the allottee as arrears of land
revenue, if the said amount is not paid within a reasonable time.

Explanation. - The Board, may assess the amount of damages, having regard to the
period of his stay in the tenement, the condition of the tenement, and such other
relevant factors as the Authorised Officer for reasons to be recorded in writing, may
think fit.
(2) The retention of the earnest money shall in no way affect the right of the Board to
take action for eviction under the provisions of Chapter VI of the Act.
(3) In case of tenements allotted on rental basis, the earnest money paid-by an allottee
may be retained towards administrative expenses under the following circumstances,
that is to say, -

(a) if the allottee fails to accept the tenement allotted to him within the time specified in
the allotment order; or

(b) if it is found that the allottee does not satisfy any of the conditions of allotment.

27. General liability of allottees and societies, etc., to continue as long as the
building and tenements therein continue to remain as the authority premises. - (1)
Where common services, such as, water, chowkidar, sweeper, electrician, plumber and
the like are provided for any building or group of buildings by a Board, the charges for
common services shall be apportioned between the tenants of each building or group of
buildings.
(2) Where the allottees have formed a housing society or company, such society or
company, and in any other case, the Board, shall communicate to each allottee his
share of charges for common services, ground rent of monthly taxes and public dues in
respect of his tenement and the land underneath and appurtenant to the building
containing such tenement. The society, company or the Board, as the case may be,
may as far as practicable, indicate the break up of the liability in respect of each of the
item mentioned above to enable an allottee to verify such liability. Such liability may
include the share of an allottee based on approximation, where charges are collected
on pro rata basis such as charges for water, electrician, sanitary repairs, chowkidar,
sweeper, plumber and the like.
(3) The allottee shall pay the electricity charges directly to the undertaking supplying the
energy to the allottee.
(4) The housing society, company, or as the case may be, the Board, shall, on receipt of
the payment due from every allottee under clause (1) deposit the amount in any bank
approved by such housing society, company or Board before the 10th day of each
month succeeding the month to which the payment relates.
(5) The housing society, company or the Board, as the case may be, shall pay taxes
and damages received from the allottees to the concerned authorities within a
reasonable time from their receipt.
(6) If the payment under clause (3) or (4) cannot be made by the housing society or
company for any reason, the Board shall be informed of the same with reasons therefor.
(7) The housing society, the company or the Board, as the case may be, and every
allottee shall each, severally and jointly, be bound to keep the building and the land and
each tenement in good condition, and shall be responsible for the repairs and
maintenance of the building and the land appurtenant thereto at the expense of the
housing society or company or allottees.
(8) The housing society or company or the Board, as the case may be, shall be entitled
to recover expenses towards such repairs and maintenance from each allottee.
(9) The housing society, company and every allottee shall permit any officer duly
authorised by the Board, in this behalf, to enter upon any part of the building or land and
any tenement therein and inspect the condition thereof and give notice of any defect
with a direction to rectify it in the time specified by it till the building or tenement is
transferred to the housing society or company or the Association, as the case may be.
(10) It shall be the duty of the housing society or the company, as the case may be, and
of the allottees jointly and severally to remedy, the defects pointed out by the Authorised
Officer, within three months from the date of intimation thereof.
(11) The housing society or company and the allottee shall use the tenements in the
manner in which a man of ordinary prudence and judgement would use, as if it were his
own.
(12) The allottee shall use the tenement only for the purpose for which it is allotted to
him.
(13) The allottee shall not do any act which would cause or which is likely to cause
damage to the tenement or any act which is destructive or permanently injurious to the
tenement, or the building.
28. Provision relating to allottees of tenements let on rental basis. - (1) The
tenements constructed or reconstructed under any housing scheme or those vested in
the Authority may be allotted on economic rent or subsidised rent under the provisions
of the respective housing scheme or on such rent as may be calculated on the basis
approved by the Authority from time to time :
Provided that, where a tenant of a tenement allotted on economic or subsidised rent
commits breach of any of the terms and conditions of the tenancy agreement executed
by him under clause (2) of regulation 20 he shall for such period, during which such
breach is continued as may be decided by the Estate Manager, be liable to any
economic rent in respect of such tenement, without prejudice to any other action that he
may be liable for under the Act or these Regulations.
Explanation. - The subsidised rent of tenements shall be increased to graded rent or
economic rent when the income of the tenant exceeds the prescribed limit laid down in
the respective subsidised housing scheme.
(2) Every tenant shall pay rent to the Rent Controller or to such other agency as may be
appointed by the Board, in this behalf, on or before the 10th day of each month
succeeding the month for which the same shall have become due and payable.
Explanation. - In this clause, expression 'rent' includes all rates, taxes and cesses and
other charges in respect of common services or amenities provided for the tenement,
and the rent may ordinarily indicate the break up of each item, aforesaid,
(3) Every tenant shall, -

(a) use the tenement for the purpose for which it was allotted;

(b) enter into a tenancy agreement in the form as determined by the Authority, from time
to time;

(c) retain from having more than one cooking arrangement in the tenement;

(d) not sub-let the whole or any part of [such tenement without the previous permission
of the Authority;]

(e) refrain from doing any act which would cause or likely to cause any damage to the
tenement or an act which is destructive or injurious to the building or the tenement.

[29. Refund of amount of initial payment. - If any applicant whose name is either of
the approved or on the waiting list is not allotted any tenement his amount of deposit
and initial payment, if any, may, within ninety days from the date on which all the
tenements stand finally allotted, be refunded to the applicant without any interest.]

Part VII

Caretaker Arrangement and Exchange of Tenements

30. Permission for caretaker arrangement. - (1) An allottee may, in relation to a

tenement which is an Authority premises, with the prior permission in writing of the Chief
Officer, enter into a caretaker arrangement for such period as may be specified by him
from time to time, -

(a) if he is required to leave the city or town in which the tenement is located for higher
studies or for employment or for any other reasonable cause, or

(b) if he is required to stay compulsorily in the premises provided by the employer as a

part of his service condition, or

(c) if the caretaker arrangement is sought on any other ground, which, in the opinion of
the Chief Officer, is reasonable :

Provided that, if the period of caretaker arrangement exceeds five years whether
continuously of otherwise, the approval of the Board shall be necessary.
(2) The Chief Officer may, while granting the permission, require the allottee to pay such
fee for entering into caretaker arrangement, regard being had to the nature of the
circumstances, grounds on which caretaker arrangement is sought for, the duration for
which permission is sought and such other factors as the Chief Officer may think fit.
(3) The allottee who has been permitted to enter into such caretaker arrangement shall
pay the fee so charged to the Board within the time determined by the Authorised
Officer either monthly or annually, or otherwise.
(4) If the allottee fails to pay the fee for a period of three months or more after the expiry
of the time so determined the person occupying the tenement shall be deemed to be in
unauthorised occupation of the tenement, and he shall be liable to be evicted therefrom
under Chapter VI of the Act.
31. Exchange of tenements. - (1) Where any tenements are allotted on the basis of
monthly tenancy or on the basis of sale by deferred payment, the Authorised Officer
may, on an application made to him, permit exchange of tenements under the
provisions of this Regulation.
(2) No application for unilateral transfer of tenement allotted on rental basis or on the
basis of sale by deferred payment shall be entertained unless the tenements to be
exchanged are in the same group of buildings. Such permission in the former case may
be granted only on payment of a fee of a sum equal to two months 'rent', and in the
latter case, on the payment of the fee equal to two months' instalment payable by the
allottee in respect of his tenement.
(3) The Authorised Officer may permit mutual exchange of tenements whether allotted
on rental basis or sol'd on the basis of deferred payment if the tenements to be
exchanged are in the same group of buildings. Such permission in the former case may
be granted on payment of a fee of a sum equal to one month's rent by each tenant, and
in the latter case, on payment of a fee by such allottees of a sum which shall be equal to
the monthly instalment payable by him in respect of his respective tenement :
Provided that, the Chief Officer may permit such mutual exchange of tenements on the
same conditions as aforesaid if such tenements are in different group of buildings within
the jurisdiction of the Board.
(4) On such exchange of tenements under this regulation, each allottee shall step into
the shoes of each other and their rights and liabilities in respect of their respective
tenements shall be governed according to the tenor on which the tenement is held
under these Regulations :
Provided that, where tenement is allotted on rental basis, both the tenants shall not be
in arrears of rent due and payable to the Authority on the date of the exchange.
(5) The Authorised Officer may, for reasons to be recorded in writing, refuse any
exchange of tenements applied for.
(6) The allottee who is aggrieved by the decision of the Authorised Officer may appeal
to the Board within 30 days, from the date of receipt of the decision of the Authorised
Officer. The decision of the Board on the question of exchange of tenements in appeal
shall be final and conclusive.
[31A. Part not to apply to commercial tenements. - The provisions of this part shall
not apply to commercial tenements.]

Part VIII
Provision Relating to the Estate Management of the Authority for the Purposes of
Chapter VIII of the Act

32. Management of estate under Chapter VIII. - (1) Subject to the superintendence of
the Chief Officer, the Deputy Chief Officer (Repairs and Reconstruction), shall be in
charge of the estate of the Authority vested in it for the purposes of Chapter VIII of the
Act and its management, and he may exercise all or any of the powers for that purpose
under this Part.
(2) The Deputy Chief Officer, with the concurrence of Chief Officer may direct that any
of the powers given to him by clause (1) may also be exercised by such officer not
below the rank of the Estate Manager as may be specified in such direction (such officer
hereinafter in this Part being referred to as the Competent Officer).
33. Allotment of temporary accommodation. - (1) Where any of the occupiers of a
building have been dishoused, and it is obligatory on the Board to provide them with
alternate accommodation under any of the provisions of Chapter VIII, the Competent
Officer, shall require every occupier in the building from which he has been dishoused
to furnish him with information in Form VII.
(2) On receiving information under clause (1), the Competent Officer shall allot
temporary accommodation in a transit camp in accordance with the provisions of
sections 90, 91, 94 or 95 of the Act. The allotment order of temporary accommodation
shall be in Form VIII.
(3) When the area occupied by an occupier in any old building exceeds 200 square feet
and the members of his family so dishoused are more than eight the Competent Officer
may allot an additional tenement to such occupier.
(4) On allotment of a tenement, in a transit camp, every allottee shall, be subject to the
provisions of Chapter VIII, and before occupying the tenement allotted to him shall
execute an agreement in Form IX on an appropriate stamp paper at his cost.
34. Allotment of accommodation in repaired or reconstructed buildings. - (1)
Where any occupier has been dishoused under any of the events specified in Chapter
VIII, the Competent Officer shall direct the occupier to reoccupy his accommodation in
the building after it is reconstructed or after the building is rendered habitable, as the
case may be.
(2) Where in a reconstructed building, it is not possible to accommodate all the
occupiers of the old building, a Committee consisting of an Estate Manager and not
more than two Assistant Estate Managers may be formed by the Chief Officer and
subject to the provisions of clause (3), the allotment to the occupiers of the old building
may be made in the reconstructed building by the Committee by drawing lots.
(3) As far as possible an occupier may be provided with an accommodation in the
reconstructed building, of a floor area equivalent to the floor area, in the old building
occupied by him, but in no case, exceeding 68 square meters for any occupier of a
residential tenement.
(4) If any occupier cannot be accommodated in the reconstructed building, the
Competent Officer, shall provide him with an alternative accommodation in any transit
camp or in any other reconstructed building on the basis of his seniority in the Master
List maintained for the purpose depending upon the period of his stay in the transit
camp.
(5) The Competent Officer may allot a tenement from the surplus accommodation
available in a reconstructed building to an employee of the Authority who may be
looking after the maintenance of the reconstructed building.
Explanation. - The Chief Officer shall maintain a list of persons accommodated in a
transit camp for the purposes of Chapter VIII showing therein the name of the occupier,
the name of the building from which he was dishoused, the name of the transit camp,
the date of occupation of the transit camp and such other information as the Chief
Officer may think fit so that the list Indicates the total period of stay of an occupier in a
transit camp for determining his seniority for allotment in any transit camp or in any
building reconstructed under Chapter VIII. The list so maintained shall be called the
Master List.
35. Bar against allotting tenements constructed under Chapter VIII to persons
other than those dishoused under that Chapter. - Except as otherwise provided in
these Regulations, no tenement in a building constructed out of the monies to the credit
of the Repairs Fund under Chapter VIII shall be allotted to any person other than
persons who are dishoused in the circumstances provided in that Chapter.
[35A. (1) Notwithstanding anything contained in these regulations of Part VIII, the Chief
Officer, Bombay Building Repairs and Reconstruction Board, Bombay, may regularise
the transfer of a tenement in a reconstructed Building where the duties and functions of
the Bombay Repairs and Reconstruction Boards enumerated in section 92 of the
Maharashtra Housing and Area Development Act, 1976 have been fulfilled and where
such transfer of rights in a reconstructed building is created by dishoused person
himself without permission of the Bombay Building Repairs and Reconstruction Board
after he was duly provided with old building. The Chief Officer, Bombay Building Repairs
and Reconstruction Boards may regularise such transfer on such terms and conditions
including the condition of charging penalty and any other dues therefrom as may be
decided by the Authority from time to time. The mode of determining the penalty for
such regularisation shall be decided by the Authority, from time to time.
(3) The regularisation of such transfer as provided in Regulation 25A(1) above shall not
be applicable to the encroachment committed by the rank outsiders i.e. without written
consent of the original allottee of MHADA in respect of the tenements in a reconstructed
building, including allotment of reconstructed tenements obtained by producing false
documents and reconstructed tenements given as staff quarters.
(4) The persons in whose name a tenement is proposed to be regularised should be
otherwise eligible to get a tenement from MHADA in the City of Bombay.
(5) The regularisation of Transfer of Tenement in such eligible cases would be subject
to all such conditions to be mentioned in the letter of intent to be issued by MHADA
[BBR and RB] to the concerned applicant/s.
[(6)] Other procedural requirements to implement the regulations on this issue shall be
framed by MHADA from time to time and made known to public through a notification.]

Part IX

Miscellaneous
36. Repeal. - On the commencement of these Regulations, the following Regulations
shall stand repealed except with respect to things done or omitted to be done under
these Regulations, namely:-

(1) The Maharashtra Housing Board (Allotment, Management and Sale of Tenements)
Regulations, 1970.

(2) Regulations made by the Bombay Housing Board under clauses (a) and (b) of
section 67 of the Bombay Housing Board Act, 1948.

(3) Madhya Pradesh Housing Board Estate Management, maintained by the Board and
Terms and Conditions for Use and Occupation Regulations, 1952.

(4) Bombay Building Repairs and Reconstruction Board (Management of Buildings

maintained by the Board and Terms and Conditions for Use and Occupation
Regulations, 1970.

[(5) Madhya Pradesh Housing Board Regulations - Management and use of buildings
and the principles of allotment - Remuneration and service conditions of officers and
servants.

(6) Vidarbha Housing Board (allotment of flats on Hire Purchase System under the
Middle Income Group) Regulations.

(7) Vidarbha Housing Board (allotment of flats on Hire Purchase System under the Low
Income Group) Regulations.

(8) Vidarbha Housing Board (allotment, management and sale of tenements)

Regulations.]

[Form I]

[See Regulation 9(1)]

Maharashtra Housing and Area Development Authority

Application for residential accommodation under ........................ Income Group Housing

Scheme at ................
In the reservation category of ............. I, the undersigned, apply for a tenement in the
................ Income Group Housing Scheme at
My particulars are as follows:-
1. Personal name. Father's/Husband's Surname if any.
personal name.
2. Age in completed years.
3. Present address :
 4. Occupation : Agriculture.
Business.
Service.
5. Details about present accommodation :
(i) Whether rental or on ownership basis.
(ii) In whose name the tenancy or ownership stands.
5A. Whether the application and/or his/her spouse owns a house
or a flat or a residential plot of land, or holds on a hire-
purchase basis or outright sale basis or a rental basis from
the Maharashtra Housing and Area Development Authority
a house or aflat or a residential plot of land in his or her
name, as the case may be, in the Municipal area in which the
tenements notified for allotment are situated? if so, give
details of such house or flat.
6. Details about Survey No.
agriculture.
Area Village
Taluka District
(a) as owner :
(b) as tenant :
7. Details about Nature of Name and address
business : Business. of the
establishments.
8. Details about service : Name and address of the
employer.
9. Average monthly income of Rs.
applicant [during previous
12 months.]
10. Average monthly income of
the applicant's spouse.
10A. Total of 9 and 10. Rs.
11. Whether the applicant has
intention to reside in the
tenement itself.
12. Whether the applicant has
intention to settle at the place
where the tenement is
purchased.
 13. How long has the applicant
been staying in Maharashtra.
14. Whether applicant or his/her
spouse has applied in any
other scheme? If so, give
details.
I hereby declare that the information given by me in this application is true and correct. I
acknowledge that if the information is noticed to be false, it would result in cancellation
of my application, cancellation of allotment of tenement, if any, made in my favour, and
legal action for making a false declaration.
I agree to abide by the provisions of the Maharashtra Housing and Area Development
Act, 1976 and the Maharashtra Housing and Area Development (Estate Management,
Sale, Transfer and Exchange of Tenements) Regulations, 1981, and shall execute all
such agreements and instruments in relation to the tenement which may require me to
do so.
I enclose herewith the certified true copies of the following documents, and I agree to
produce the original when I am required to do so before making the first payment:-

(i) Income certificate issued by Collector/Tahsildar (for agriculturists), or

The latest assessment order of the Income Tax authorities in respect of the business
conducted by me (For Assessee).

(iii) The salary certificates issued by the employer, or

Affidavit in support of income -

(a) for myself.

(b) of my spouse.

(ii) [document], as prescribed in the Notice inviting applications for this housing scheme
under Regulation 7(1), in respect of stay in Maharashtra.

(iii) My School Leaving or Birth Certificate or a Certificate issued by a Civil Surgeon as

regards my age.

(iv) Affidavit declaring that I or my spouse or my minor Child/children do not own or hold
on a hire-purchase basis or on an out-right sale basis or on a rental basis from the
Maharashtra Housing and Area Development Authority a house or a flat or a residential
plot of land within the municipal limit of.

(v) Certificate in support of my claim for including me in the Category indicated at the
top of the application from the authorities prescribed in the Notice issued under
Regulation 7(1) in respect of this housing scheme.
(vi) Pay-in-slip issued by the Bank towards earnest money.

Place ...........

...........................

Date ............

Signature.

Form II

[See Regulation 17(1)]

No.
Office of the ................................
Housing and Area Development
Board ...........................................
Dated ...........................................

To
Shri/Smt.
Subject :- Officer of allotment of a tenement under .......... at.........
Reference :- Your application No. .............. letter No. ...................
Sir/Madam,
You have been held eligible for allotment of a tenement under ............. at
.................. The allotment will be subject to the terms and conditions as set out in
the appendix to this letter. You are therefore, requested to -

(a) communicate the acceptance of this offer in the form of the "Acceptance
letter" enclosed;

(b) execute an affidavit on a non-judicial stamp paper, in the form enclosed; and

(c) Pay a sum of Rs.............. (Rupees only) in cash or by a Demand Draft in

favour of;

(d) Furnish your passport size photograph in duplicate and one copy each of the
family members whose names are included in the Schedule to the application.

The acceptance letter, the affidavit and requisite copy of the receipt in respect of
the above payment should be tendered in this office, on or before ........., failing
which this offer will stand cancelled and the earnest money paid by you may be
forfeited and appropriated in whole or in part towards administrative expenses.
2. The payment demanded hereby is according to the following:-
 (1) Cost of the tenement together with the proportionate amount of
premium on the land. This cost may vary or finalisation of
accounts.
(2) Legal and other incidental Rs.
expenses.
(3) Total Rs.
(4) Amount demanded by this Rs.
letter.
(5) Balance payable on or before
..................... Rs.
..................... Rs.
..................... Rs.
3. A detailed allotment letter confirming the above allotment will be issued to you
immediately after the tenements are ready for occupation. In the meantime it is
suggested that you may form a small Committee of allottees with a view to
making suggestions about the quality of the construction work being carried out,
including any suggestions for improvements. If you do form such a Committee,
the Executive Engineer may be informed accordingly, whereupon he will allow
the members of your Committee to visit the site and inspect the construction and
materials used therein. The names and addresses of the other allottees in your
building can be had from ................

Appendix

1. The tenement shall be taken possession of and occupied by the allottee within 15
days from the date of allotment.
2. (1) The allottee shall satisfy himself about the construction, material used in
construction, design, workmanship, fittings, fixtures and the like before taking over
possession of the tenement.

(2) If any defect in any of the matters referred to in clause (1) is brought to the notice of
the Chief Officer within a period of three months from the date of taking over
possession, it shall wherever possible be rectified by the Board without further charge to
the allottee; and in other cases, such allottee shall be entitled to receive reasonable
compensation for such defects.

(3) Where there is a dispute as regards any defect in the building relating to and of the
matters envisaged by clause (1) or as to whether it is reasonably possible for the Board
to rectify the defect or as regards the reasonableness of the compensation payable in
respect of such defect which cannot be or is not rectified by the Board, the matter shall
be referred for decision, with the approval of the Government, to an officer not lower in
rank than a Superintending Engineer in the Buildings and Communications Department
of the Government as the Board may by order specify within a period of six months from
the date of handing over possession. The officer so specified after enquiry record his
decision which shall be final.

3. The allottee shall use and occupy the tenement for the purpose of residence only.
4. (1) On allotment of the tenement, all the allottees in a building or a group of buildings
shall form a housing society or a company and produce a certificate from the Registrar
of the Co-operative Societies of the registration of the housing society, or as the cas.e
may be, from the Registrar of Companies regarding registration of the company.

(2) If the allottees agree that after paying the full purchase price of the building and all
outstanding dues payable to the Authority, they would like to be governed by the
provisions of the Apartment Act, the Authority shall, after all the allottees have paid (he
full purchase price and all outstanding dues, submit the building to the provisions of the
Apartment Act, by duly executing and registering a Declaration as provided in that Act,
and thereupon the allottees shall governed by the provisions of that Act.

(3) It shall entirely rest with all the allottees to decide whether they shall form a housing
society or company or be governed by the Apartment Act. The decision once made
shall be final.

5. On receipt of intimation regarding registration of the housing society or company by

the allottees, or intimation that the allottees have elected to be governed by the
Maharashtra Apartment Ownership Act, 1970, the Board shall take all necessary steps
to lease the land underneath the building and appurtenant thereto to the housing
society, company or the Association of apartment owners for a period of 90 years and to
convey to the said society, company, or as the case may be, the Association aforesaid
its rights, title and interest in the building containing the tenements and execute the
necessary documents in that behalf and deliver all documents of title relating to the
building aforesaid to the said housing society, company, or as the case may be, the
Association of apartment owners. All charges incurred by the Board for such
conveyance including professional charges shall be borne by the housing society,
company or the Association as the case may be.
6. The society, company or the Association shall pay the lease rent at 2½ per cent, of
the amount of the premium of land per annum. Till such time, the society or company of
the allottees is formed and registered or the Association is formed and indenture of
lease is executed, the allottee will have to pay the ground rent to the Estate Manager
(............), * ......... Housing and Area Development Board, regularly not later than 5th of
every month commencing on the date of allotment of the tenement. The ground rent is
provisionally fixed at Rs. ..........

* Here insert name of the Board.

7. The housing society, company or the allottees till the Association is formed will be
responsible for the payment of all the taxes, cesses, imposts and other dues to the local
authority and Government, as the case may be. In order to enable the housing society,
company or the Association of allottees to fulfil its or their duties as a lessee of the
Authority, the allottee shall pay to the housing society or company or the Authority at the
proper time and place his share of the municipal taxes, water and electricity charges,
ground rent, share of common services i.e. common lights, sweeper, watchman and the
like and his share of the other public charges due, in respect of the land and the building
and other dues payable, if any.
8. The maintenance and management of tenements in the building and the land
underneath and appurtenant thereto will rest with the society, company or Association,
as the case may be, and the Board will not have any concern whatsoever or be
responsible in any manner in this respect.
9. The society, company or Association when formed and registered shall have to get
the building insured at its own cost, and the allottee shall have to pay to the society,
company or Association his proportionate share of the same.
10. The allottee shall be governed by the provisions of the Maharashtra Housing and
Area Development Act, 1976 as amended from time to time and the Maharashtra
Housing and Area Development (Estate Management, Sale, Transfer and Exchange of
Tenements) Regulations, 1981, till the building is duly conveyed to the society,
company or association, as the case may be.
[10A. If the allottee fails to pay any instalment or any other dues of the Authority on the
due date, the Authority, without prejudice to any other remedy available to it shall be at
liberty to recover the same together with interest thereon at the rate of.............per cent,
per annum as arrears of land revenue under the provisions of section 67 and 180 of the
Maharashtra Housing and Area Development Act, 1976.]
11. The sale price of the tenement communicated in the offer of allotment has been
fixed tentatively and if after receipt of final bills for the construction of the tenements or
payment of interest in the amount of loan taken for the construction of these tenements
or for expenditure incurred on supervision and maintenance the Board considers it
necessary to revise the price tentatively fixed it will do so and determine the final price
payable on allotment and the allottee shall be bound by such determination and shall
have to pay on demand the difference, if any, between the final price determined and
the price paid by the allottee.
12. If an allottee, surrenders the tenement before the conveyance is passed on to the
society, company or the Association his entire period of stay will be treated as on rental
basis, and he will have to pay the economic rent for the said period which will be
deducted from the amount of the price paid by him. For such surrender, the allottee
shall give three clear calendar months' notice to the Board, failing which a further sum
equivalent to three months' economic rent will be deducted from the price paid by him
before it is refunded.

Affidavit

(To be executed before a Magistrate on a Non-judicial Stamp Paper of Rs. 6)

I .................. son/daughter/wife of ............... age .................. occupation ........... do

hereby solemnly affirm on oath and state as follows:-
1. I have been offered allotment of a tenement by the...............Housing and Area
Development Board, under the.............Scheme at...............under the Board's letter
No............. dated-----------

2. I reaffirm the statements made by me in my application for allotment of a tenement in

the said scheme.

3. I have accepted the terms and conditions of the offer and further undertake to abide
by the provisions of the Maharashtra Housing and Area Development Act, 1976, as
amended from time to time, and the Maharashtra Housing and Area Development
(Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981.

4. I declare that the .............. Board shall be at full liberty to cancel the allotment and
resume the tenement allotted to me, and to take action for prosecution, if any, if the
contents of my application are found to be incorrect, or default is committed by me in
respect of the terms and conditions of allotment.

Place :
Date :

(Deponent)

Solemnly affirmed before me by the deponent who is identified by ................... whom I

know.

(Magistrate).

Form III

[See Regulation 17(2)]

Acceptance Letter

By Registered Post A.D.

By hand delivery
To
The Chief Officer,
.................. Board,
Sir,
With reference to your letter No..................... dated............
I have to inform you that I accept the offer of allotment of a tenement on the
terms and conditions set out in the Appendix to that letter. I further declare that
this acceptance is unqualified and without any reservations, conditions or
complaint.
Place :
 Yours faithfully.

Date:

(Applicant).

Form IV

[See Regulation 20(i)(a)]

Allotment Letter

No. .....................................

Office of ................ Board.

To
Shri/Smt.,
Sir/Madam,
Whereas you have accepted the offer of a tenement made to you in our letter No.
........... dated ............ and whereas you have made the necessary payment and
have executed the requisite affidavit, you are now informed that you have been
allotted tenement No. ................... in Building No............ at
2. The tenement has been completed and is ready for occupation. You are
requested to present yourself at site on any working day, within 15 days, before
............. who is authorised to hand over the possession of the tenement to you.
3. In token of having received possession you are requested to give receipt to the
aforesaid officer in the accompanying form.

Yours faithfully,

(Estate Manager).

Receipt

From Shri/Smt.
Allottee of tenement No. ...................................in Building No. ..................... at
.....................................................
To,
The Chief Officer,
.............. Housing and Area Development Board,
Sir,
I have duly taken over possession on .............. through ............. of the Board, of
tenement No. ................in Building No. ............. allotted to me.

Yours faithfully,
Place :
Date :

(Estate Manager).

Under Postal Certificate

Provisional.

Form V

[See Regulation 20(1)(b)]

No. ................................
Office ............................

Subject:- Allotment of residential accommodation under

Reference:- Your application No. ............... Lot No. ......................
Sir/Madam,
I am directed to inform you that you have been allotted tenement No. ........ of
Building No.......................... at.....................under ............... with effect
from..........on monthly rent of Rs. ................. exclusive of service charges of
Rs........... provisionally fixed and likely to be revised with retrospective effect.
2. I have, therefore, to request you to call all at this office before.
on my working day except Friday between 11.00 a.m. to 2.00 p.m. with the
amount of Rs.............. as detailed below in cash or demand draft and to obtain
an Authority for possession of the above mentioned tenement, on executing the
requisite tenancy agreement, and on the conditions specified in this allotment
letter.

(a) Rs........ towards initial payment.

(b) Rs. ..... towards permanent deposit.

(c) Rs........ towards advance rent for the month of

(d) Rs.........towards stamp duty.

__________

Rs. _______

3. The tenement in question shall be used and occupied exclusively for the
purpose of residence by you and the bona fide members of your family and that
you shall pay the rent in the first week of each month regularly in future.
 [If you fail to pay in time the rent or any other dues of the Authority you shall be
liable to pay interest thereon at the rate of per cent, per annum.]
4. You shall produce a fresh certificate from your employer showing therein your
total monthly emoluments within six months from the date of receipt of this letter
and thereafter every year in the month of December.
5. You shall also produce one or more copy of your family's recent passport size
photo duly attested by your employer. In case you are not employed, the photo is
to be got attested by -

(i) A Revenue Officer not below the rank of an Aval Karkoon,

(ii) Special Executive Magistrate,

(iii) A Gazetted Officer,

(iv) A Municipal Councillor, or

(v) An M.L.A. or M.L.C. or an M.P.

6. You shall also produce the original receipt for the initial payment made at the
time of submitting the application.
7. If you do not pay the amount mentioned in para 2 above and execute the
requisite tenancy agreement in Form VI appended to this letter within the
stipulated time, the tenement "may be re-allotted to the next eligible person
without any intimation to you, which please note.

Yours faithfully,

Estate Manager.

Copy submitted to the Deputy Chief Officer (Estate Management), Bombay, for favour
of information -
Copy to Rent Collector,
Copy to Record Keeper,
Copy to Unit Clerk,
Copy to Electricity Clerk.

Form VI

[See Regulation 20(2)]

This Agreement made this ................. day of...........................in year 19 (One thousand
nine hundred and ................) between the Maharashtra Housing and Area Development
Authority (hereinafter referred to as 'Authority'), a Corporation duly constituted under the
Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977)
(hereinafter referred to as "the said Act") of the one part and
Shri/Smt./Kum..................... (hereinafter called "the tenant") of other part;
Whereas, the * ...................... Housing and Area Development Board duly established
under section 18 of the said Act (hereinafter referred to as "the Board") has allotted
tenement No.................in Building No. ...........belonging to the Authority and situated
at..............................(hereinafter referred to as the said premises) in pursuance of the
allotment order made in favour of the tenant;

* Here inserted name of Board.

Now this Agreement witnessth and it is agreed and declared by and between the parties
as follows :
The tenant hereby accepts the allotment order authorising him to occupy the said
premises and sends herewith a sum of Rs. ....................................as security deposit for
the due and punctual payment of the monthly rent as defined in condition 1 and proper
observance of the terms under which the tenant may be authorised to occupy the said
premises.
In consideration of the Board issuing an allotment order authorising the tenant to occupy
the said premises for a term equivalent to the unexpired residue of the calendar month
during which the same be issued and from month to month thereafter, the tenant hereby
agrees to pay to the Board on behalf of the Authority as and byway of subsidised
monthly rent a sum of Rs................ which includes other service charges, as defined in
condition 1 below and to observe and abide by the following terms under which the
tenant is authorised to occupy the said premises :-

1. The tenant agrees that he shall pay to the Rent Collector or as may be otherwise
required by the Board on or before 10th of the month succeeding the month for which
the same shall have become due and payable, the said rent inclusive of all the rates,
taxes, cesses and other charges in respect of the specific services provided at the said
premises such as the special sanitary cess, water rates (general or special), electrical
charges and charges for the common service/such as street and common lighting,
chowkidars, sweepers, electric or sanitary repairs and the like. All such rates, taxes,
cesses and charges shall be deemed to form part of the monthly rent payable by the
tenant in respect of the said premises. The question whether or not any rate, tax, cess
or other charges is a rate, tax, cess or other charges shall be decided by the Board, and
such decision shall be final and binding.

2. The tenant agrees that he shall pay such increases in the said monthly rent and other
charges as the Board may consider it fit or expedient to impose on other service
charges or on account of any additions and/or alterations to or any conveniences
provided at the said premises.

3. The tenant agrees that he shall not, during the currency of the tenancy, make any
additions or alterations to the said premises without the previous written permission of
the Board. All the alterations and additions (including the fixtures) will become the
property of the Authority upon the termination of the tenancy and, the tenant will not be
entitled to remove the same, or to claim any compensation in respect thereof, provided
always that the Board shall have the full right to call upon the tenant at his expense to
remove any such alteration or addition and to restore the said premises to the same
condition in which they were, at the date of the commencement of the tenancy.

4. The tenant agrees that he shall not assign, underlet or otherwise transfer the
possession of the said premises or any part thereof without the previous written
permission of the Board.

5. The tenant agrees that he shall not keep or store upon the said premises any articles
of a combustible or dangerous nature.

6. The tenant agrees that he shall allow the Board or its officers and agents or servants
or any other person duly authorised by the Board to enter upon and inspect the said
premises, and also to carry out such additional and alteration of work or works on the
said premises as may be necessary in the interest of the premises or in the general
interest of any of the tenants of the colony or in the interest of the general management,
if the Board or its officers, servants or agents or the persons so authorised consider it
necessary to do so.

7. The tenant agrees that he shall, if the tenancy is terminated, peaceably and quietly
hand over possession of the said premises to the Board in the same condition in which
they were at the commencement of tenancy, reasonable wear and tear excepted. The
question as to what is reasonable wear and tear would be decided by the Board, and
the decision of the Board shall be final and binding. The tenant also agrees to make
good the loss, or damages that may be caused to the said premises according to the
Board in cash or from his deposit, if available.

8. The tenant shall pay the stamp and registration charges payable in respect of this
instrument.

9. The tenant shall use and occupy the said premises for the purpose of residence only
by himself and by the bona fide members of his family. As and whenever required by
the Board, the tenant shall furnish full information about the relationship, age and
monthly income and any other information in respect of all the persons residing with him
in the said premises.

10. The tenant, agrees that no person duly occupying the said premises shall have any
claim against the Authority for any injury or loss that may be caused by fire, accident,
theft or from any other causes whatsoever.

11. The tenant shall not use the said premises for any illegal or immoral purpose, and
shall not; use it in such a manner as to cause any inconvenience, nuisance, or
annoyance to the adjoining tenants or neighbours. The decision of the Board as to
whether or not any act of the tenant causes such inconvenience, nuisance or
annoyance shall be final and binding on him.
12. If the tenant commits a breach of any of the provisions herein contained, the tenant
agrees that he shall for such period during which such breach is continued as may be
decided by Board, liable to pay economic rent in respect of the said premises.

13. The deposit of Rs............... made by the tenant, if not forfeited for breach of any of
the conditions of agreement, shall be refunded to him after the termination of the
tenancy if the tenant shall have duly paid all the rents and fulfilled all the terms herein
contained and after deduction of any sums which may be due and payable by him to the
Authority. If the dues of the Authority exceeds the amount of the deposit, the tenant
undertakes to pay the excess immediately. In the event of any deduction of any sum
from the said deposit during the continuance of the tenancy, the tenant will forthwith on
demand pay the amount so deducted, and shall, throughout the tenancy maintain the
amount of deposit of Rs................The deposit will be in cash and shall bear no interest.

[13A. The tenant agrees that if he fails to pay the rent or any other dues of the Authority
on the due date, the Authority without prejudice to pay other remedy available to it, shall
be at liberty to recover the same together with interest thereon at the rate of.........per
cent, per annum as arrears of land revenue under the provisions of sections 67 and 180
of the Maharashtra Housing and Area Development Act, 1976.]

14. Any matter to be decided by the Board may be decided by and any notice,
permission or consent to be given by the Board may be given by the Chief Officer of the
Board for the time being or any other officer duly authorised by the Board; and any
communication signed by the said Chief Officer or other officer duly authorised and
addressed to the tenant and sent by registered post or left at the said premises or
tendered personally or affixed to pay conspicuous part of the said premises shall be
considered to be sufficient service.

15. The tenancy shall be subject to the provisions of the Maharashtra Housing and Area
Development Act, 1976 and the rules, regulations and by-laws thereunder for the time
being in force.

16. The tenant shall abide by all the above conditions and any changes in, or addition to
them of which due notice is given to him.

17. The tenant agrees that the undertakings in the application form and other
undertakings signed by him this day and attached to the tenancy Agreement form part
of this tenancy agreement.

Dated this ............ day of........ 19 .

[Signed, sealed and delivered for and
on behalf of the Authority by]
In the presence of -

(1)
(2)

Common seal of the Authority signed and delivered by-

[------------------]
In the presence of -

(1)

(2)

[Form VI-A]

(See Regulation 21-C)

Form of Tender of Allotment of Commercial Tenement

Instructions. -

(1) Strike out whichever is not applicable.

(2) All additions and alterations in this form should be initialled by the tenderer.

(3) Where necessary, information may be furnished on separate sheets which should be
signed.

1. Tenderer's full …. …. ….
name
(use block letters) (Surname) (First) (Middle)
2. Tenderer's present address Tenderer's permanent address
…..................................... …....................................
3. The list of members of a co-operative society or names of the directors of
the Company, if the tenderer is a co-operative society or a company.
Sr. Name of the Present Occupation
No. member/director address
1 2 3 4
1. .............. .............. ..............
2. .............. .............. ..............
4. Number of tenement or T.N./GTN ..............
group of tenements for
which tender is offered.
 5. Category of establishment .............. ..............
for which the tenement/ .............. ..............
group of tenements is .............. ..............
proposed to be used
(office/ shop/ dispensary/
clinic/ hotel/ business etc.)
6. Statement of offer. Surname First Middle
name name
I/We, Shri/Smt.
Son/Daughter/Wife .............. .............. ..............
(a)
of .............. .............. ..............
Son/Daughter/Wife .............. .............. ..............
(b)
of .............. .............. ..............
Son /Daughter .............. .............. ..............
(c)
/Wife of .............. .............. ..............
(Authorised representative/partner/trustee/managing director/constituted attorney
of......... desire and hereby make an offer for allotment of a commercial tenement/group
of commercial tenements No. (s) ........ in the Commercial Centre at .........................
admeasuring about ................sq. metres carpet area and further offer to pay an amount
of Rs. (in words and figures) only byway of sale price for the said commercial
tenement/group of commercial tenements.

7. I am/we are/my principal are willing to pay half of the sale price amount within 15
days of the acceptance of my/our offer and the balance within such period thereafter as
may be intimated to me/us by the Chief Officer or any other officer authorised by him in
that behalf.

8. I/we send herewith a demand draft/cash receipt bearing No ...... dated ...... for a sum
of Rs....... (Rupees ................ in words ................) being the deposit/earnest money on
which no interest is payable to me/us.

9. If my/our offer is not accepted by the Chief Officer.............. Board, the

deposit/earnest money of Rs ......... (Rupees .............) paid by.......... (in words) me/us
under paragraph 8 hereof shall be returned to me/us without interest.

10. I am/we are liable to keep this offer valid and not revoke it before the expiry of 6
months from the date of this offer and in the event of my/ our failure to observe and
perform the liability, the deposit/earnest money paid by me/us under this offer, shall
absolutely be forfeited to the Maharashtra Housing and Area Development Authority.

11. If my/our offer is accepted and if I/we fail to pay half of the sale price amount for the
said tenement /group of tenements within 15 days of the acceptance of my/our offer
and/or the balance within such period as may be intimated to me/us by the Chief Officer
or any other officer authorised by him in that behalf the agreement concluded between
us shall stand rescinded by the Authority and the amount of earnest money paid by me/
us under this offer shall stand absolutely forfeited to the Authority.

12. Any notice or letter of communication addressed to me/us at the address given
below will be deemed a valid and proper notice of intimation to me/us.

13. I/we agree to abide by the decision of the Chief Officer of the .............. Board
regarding allotment.

14. I/we declare that the information stated herein above it complete and absolutely
correct and any error or omission therein, accidental or otherwise, will be sufficient
justification for the Chief Officer to revoke at any time acceptance of my/our offer for
allotment of the concerned tenement/group of tenements.

15. I/we hereby declare that I/we have read and understood the rules governing the
allotment of commercial tenements. I/we agree to abide by the provisions of the
Maharashtra Housing and Area Development Act, 1976 and the Maharashtra Housing
and Area Development (Estate, Management, Sale, Transfer and Exchange of
Tenements) Regulations, 1981 and shall execute all such agreements and instruments
in relation to the tenement/group of tenements which the Authority may require me/us to
do.

........................................Tenderer's full Name(s)

Form VII

[See Regulation 33(1)]

Bombay Housing and Area Development Board, Bombay

1. Name of the occupier in full (Block letters)

2. Status (Owner/Tenant)
3. Details of premises vacated/to be vacated -
Tenement No. Premises No.
Ward Street
Area Occupied Rent
Last rent receipt
No.
4. How long has he/she been staying?
5. Names of the other persons staying, with their relationship with the occupier -
Name Relationship
(1) ...... ......
(2) ...... ......
 (3) ...... ......
(4) ...... ......
(5) ...... ......
(6) ...... ......
6. Total monthly income of the occupier
7. If occupier is not the head of family, total monthly income of the head of the family.
I have read the Maharashtra Housing and Area Development Act, 1976 and the Rules
and Regulations thereunder and agree to abide by them.

Signature of Occupier.

Form VIII

[See Regulation 33(2)]

No.

Bombay Housing and Area Development Board, Bombay

Temporary Accommodation Allotment Order under the Maharashtra Housing and

Area Development Act, 1976

Whereas Shri ....................in occupation of being a building on which the cess is levied
has become dishoused on account of

(a) being required to vacate the building proposed for structural repairs or reconstruction
by the Board under the provisions of section 77(b) of the Maharashtra Housing and
Area Development Act, 1976 (Maharashtra XXVIII of 1977), (hereinafter referred to as
"the said Act"); or

(b) the Board being of the opinion that he should temporarily vacate his premises till the
structural repairs undertaken on his building are completed; or

(c) the building or part of it suddenly collapsing or becoming uninhabitable on account of

fire, torrential rain or tempest; or

(d) any other circumstances other than those stated above;

Now, therefore, the said Shri ................. by this order is allotted temporary
accommodation in.....................being a building maintained by the Board for the
purpose subject to the following conditions, namely :-

(1) If the said Shri ............. fails to accept the accommodation allotted to him within 30
days from the date of receipt of this allotment order, the responsibility of the Board to
provide him with any temporary accommodation shall cease.
(2) The said Shri undertakes to vacate the temporary accommodation and reoccupy the
repaired premises/alternative accommodation in the reconstructed building when called
upon to do so under the said Act.

(3) The said Shri ............... shall not be required to pay any compensation for the
temporary accommodation provided by the Board; but he shall continue to pay to the
owner the permitted rent of the premises vacated by him as well as his proportionate
contribution of the cess, unless his building is subsequently acquired prior to demolition
and reconstruction under the said Act, or the Board decides that the building cannot be
acquired in which case he shall forthwith pay every month a sum equal to 18 per cent,
of the total monthly income of the head of the family subject to a minimum of Rs. 25 and
maximum of Rs. 75 per month, or

(4) He shall pay every month a sum of Rs............as service charges.

(5) The temporary accommodation is provided to the said Shri.......... subject to the
provisions of Chapter VIII of the said Act and the terms and conditions of occupation of
Authority premises under the provisions of the Maharashtra Housing and Area
Development (Estate Management, Sale, Transfer and Exchange of Tenements)
Regulations, 1981.

Dated

Competent Officer.

Deposit Receipt No. ................ of Rs. 75 handed over to the party, dated ......

Priority list No. ................

Form IX

[See Regulation 33(4)]

This Agreement made this...................day of..........in the year 19............. (One

Thousand Nine Hundred and eighty) between the Maharashtra Housing and Area
Development Authority (hereinafter referred to as "the Authority"), a Corporation duly
constituted under the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act)", of the one part
and Shri/Smt./Kumari...................having his/her residence at.....................of the other
part (hereinafter called "the occupier");
Whereas, the Bombay Housing and Area Development Board established under the
said Act (hereinafter referred to as "the Board"), has allotted a tenement bearing
No................ in the Authority premises Competent Officer, of Rs. 75 handed over to at
................ in pursuance of the allotment made in favour of the occupier as temporary
accommodation pending repairs/reconstruction under the said Act or as alternative
accommodation allotted by the Board (hereinafter referred to as the said premises");
Now, this Agreement witnesseth and it is hereby agreed and declared by and between
the parties as follows

1. The occupier agrees that he shall pay to the Board a sum of Rs. ............ as Security
Deposit for the due and proper observance of the terms under which he is authorised to
occupy the said premises.

2. It is agreed that the said premises are made available by the Board without the
occupier being required to pay any compensation for use and occupation thereof.

3. The occupier agrees that he shall continue to pay to the owner the rent (including
permitted increase, if any,) in respect of the premises vacated by him together with his
proportionate contribution for the cess as if he had not temporarily vacated the premises
and if he fails so to pay, shall be liable for all the consequences provided under Chapter
VIII.

4. Unless his building is subsequently acquired prior to demolition and reconstruction

under the said Act, or the Board decides for any reason that the building cannot be
acquired or the State Government does not approve the proposal for acquisition in
which case the occupier agrees that he shall forthwith pay a sum of Rs.............as
compensation and a sum of Rs ..............as service charges from the date the Board
decides to acquire the property or the State Government decides not to approve the
proposal.

5. If the occupier has an income of less than Rs. 350 per month, then he may elect
either to pay subsidised rent or a sum equal to 18 per cent, of the total emoluments of
the head of the family, subject to a minimum of Rs. 25 per month and maximum of Rs.
75 per month, or

6. Where a building collapses or is rendered unhabitable or is vacated under the said

Act and temporary accommodation is allotted on the above terms, but subsequently, the
building is acquired, then pending the demolition and reconstruction of the building
under the said Act, with effect from the date of the compulsory acquisition order, if such
acquisition is not proceeded with and the case is dropped, then with effect from the date
on which the proceeding is dropped, the occupier agrees that he shall be liable to pay
rent to the Board for such accommodation as provided below

(a) In consideration of Board issuing an allotment order authorising the occupier to

occupy the said premises for a term equivalent to the unexpired residue of the calendar
month during which the same may be issued and from month to month thereafter, the
occupier shall pay to the Board as and by way of monthly rent a sum of Rs.
...........................which includes other service charges as provided in clause (b) and to
observe and abide by the following terms under which the occupier is authorised to
occupy the said premises.
(b) To pay to the Rent Collector of as may be otherwise required by the Board on or
before the 10th day of the month, succeeding the month for which the same shall have
become due and payable, the said rent comprising of the said monthly sum of
Rs................. and all the rates, taxes, cesses and other charges in respect of the
specific service provided at the premises, such as, the special sanitary cess, water rates
(general or special), electric charges and the charges for the specific services, such as,
street and common lighting, sweepers, chowkidar, plumber and the like. All such rates,
taxes, cesses and charges shall be deemed to form part of the monthly rent payable by
the occupier in respect of the said premises.

(c) The question whether or not any rate, tax, cess or other charge is a service charge
shall be decided by the Board, and such decision shall be final and binding on the
occupier.

7. To pay such increase in the said monthly rent and other charges as the Board may
consider it fit or expedient to impose on account of any increase in such rates/taxes,
cesses or other service charges or on account of any addition or alteration or both to or
any convenience provided at the said premises or the building in which the same are
situate.

8. The occupier shall not make any additions or alterations to the said premises without
the previous written permission of the Board. All the alterations and additions (including
the fixtures), termination of the tenancy, the occupier shall not be entitled to remove the
same or to claim any compensation in respect thereof provided always that the Board
shall have the full right to call upon the occupier at his expenses to remove any such
alteration or addition and to restore the said premises to the same condition in which
they were at the date of the commencement of the tenancy.

9. The occupier shall not assign, underlet or otherwise transfer the possession of the
said premises or any part thereof, without the previous written permission of the Board.

10. The occupier shall not keep or store in the said premises any article of a
combustible or dangerous nature.

11. The occupier shall allow the Board or its officers, agents or servants or any other
person duly authorised by the Board to enter upon and inspect the said premises, and
also to carry out such additions and alterations of work on the premises as may be
necessary in the interest of the premises, in the general interest of any of the occupiers
of the colony or in the interest of general management if the Board or its officers,
servants or agents or the persons, so authorised considered it necessary to do so.

12. (1) At the end or sooner determination of the tenancy, the occupier shall peaceably
and quietly yield up possession of the said premises to the Board in the same condition
in which they were at the commencement of the tenancy, reasonable wear and tear
excepted.
(2) The question as to what is the reasonable wear and tear would be decided by the
Board, and the decision of the Board on the question shall be final and binding on the
occupier.

(3) The occupier agrees to make good the loss or damage that might have been caused
to the tenement, according to the Board, in cash or from the deposit, if available.

13. The occupier agrees to pay the stamp charges payable in respect of his instrument.

14. (1) The occupier agrees that he shall use and occupy the said premises for the
purpose of residence for himself and for the bona fide members of his family.

(2) As and whenever required by the Board, the occupier agrees that he shall furnish full
information about the relationship, age and monthly income and other information in
respect of all the persons residing with him in the said premises.

15. The occupier agrees that no person occupying the said premises and claiming
through him shall have any claim against the Board, due to any injury or loss that may
be caused by fire, accident, theft or from any other cause whatsoever.

16. (1) The occupier agrees that he shall not use the said premises for any illegal or
immoral purpose and shall not use it in such a manner as to cause any inconvenience,
nuisance or annoyance to the adjoining occupiers of property or neighbours.

(2) The occupier agrees that if there is any dispute as respects the use of the said
premises for any of the said purposes, the question shall be referred to the Board and
the decision on the question shall be final and binding on him.

17. (1) The deposit of Rs .......... paid by the occupier, if it is not forfeited for breach of
any of the conditions of this Agreement shall be refunded to him after the termination of
this tenancy, if the occupier has duly paid all the rents and fulfilled all the terms and
conditions herein contained, and after deducting any sums which may be due and
payable by him to the Board.

(2) If the dues of the Board exceed the amount of deposit, the occupier agrees that he
shall undertake to pay the excess immediately.

(3) In the event of any deduction of any sum from the said deposit during the
continuance of this tenancy the occupier agrees that he shall forthwith on demand pay
the amount so deducted, and shall throughout the tenancy maintain the amount of
deposit of Rs..................

(4) The occupier agrees to pay the deposit in cash and that it shall bear no interest.

18. The occupier agrees that any matter to be decided by or any notice, permission or
consent to be given by the Board may be given by the Estate Manager for the time
being or any other officer duly authorised by ,the Board, and any communication signed
by the said officer or other officer duly authorised and addressed to the occupier and
sent by the registered post or delivered at the said premises or tendered personally or
affixed to any conspicuous part of the said premises, shall be considered to be sufficient
service.

19. (1) If the tenant gives one month's notice to the Board of his intention to leave the
said premises the tenancy shall terminate.

(2) If the occupier leaves the said premises without giving such notice in writing, he
agrees that he shall be liable to pay one month's rent in lieu of such notice and all other
charges due from him as provided herein for the notice period.

20. The occupier shall hold the said premises subject to the provisions of the said Act,
and the rules, regulations and by-laws thereunder for the time being in force.

21. The occupier agrees that he shall abide all the above conditions and any change in
or addition to them of which due notice is given to him.

Signed, sealed and delivered for and on behalf of the

Authority by Secretary, Maharashtra Housing and
Area Development Authority in the presence of -

(1) ......................

(2) ........................

Signed and delivered by the occupier in the presence of -

(1) .....................

(2) .....................
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The Maharashtra Housing and Area Development (Execution of Contracts) Regulations,
1979

Published vide Notification No. MHA/ADM/REG/1726, dated 23rd February, 1980

(M.G.G., Part 4C, p. 146)

mh343

In exercise of the powers conferred by sub-section (1) of section 185 read with clause
(iv) of sub-section (3) of section 28 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), the Maharashtra Housing and Area
Development Authority with the previous sanction of the Government of Maharashtra
hereby makes the following regulations, namely :-
1. Short title and commencement. - (1) These regulations may be called the
Maharashtra Housing and Area Development (Execution of Contracts) Regulations,
1979.
(2) They shall come into force at once.
2. Definitions. - In these regulations, unless the context requires otherwise,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

(b) "Authority's Order" means the order of the Authority No. 428 dated the 1st April,
1978 which is set out in extension in Schedule 'A' to these regulations;

(c) "Chief Executive Officer" means the Chief Executive Officer of the Authority within
the meaning of section 17;

(d) "Chief Officer" means the Chief Officer of a Board as provided in subsections (5) and
(6) of section 18;

(e) "Secretary" means the Secretary appointed under sub-section (1) of section 19;

(f) "Section" means a section of the Act.

(2) Words and expressions used in these regulations but not defined herein shall have
the meaning respectively assigned to them in the Act.
3. Execution of contracts. - (1) All contracts made in the exercise of the executive
power of the Authority shall be expressed to be made in the name of the Authority, and
all such contracts and all assurances of property made in the exercise of that power
shall be executed on behalf of the Authority by any one of the officers specified in
Schedule B hereto.
(2) No contract shall be executed unless the administrative approval and technical
sanction have been obtained as provided in Statement. A appended to the Authority's
order, and where tenders have been invited, unless each tender has been accepted as
provided in Statement A aforesaid. Every contract shall bear the reference to the dates
and number under with the administrative approval or technical sanction, if any, or both
are accorded, or the tender, if any is accepted, by the appropriate authority, as provided
in the Authority's order.
4. Certain contracts to be in writing and sealed; custody of Seal. - (1) Every
contract, if any, for the execution of any proposal, plan or project in the matter of
exercising any powers or performing any functions or discharging any duties under
Chapter III of the Act, or for the supply of any materials or goods; which involves an
expenditure exceeding ten thousand rupees shall be in writing and shall be sealed.
(2) The common seal of the Authority shall remain in the custody of the Secretary or the
Deputy Chief Administrative Officer of the Bombay Housing and Area Development
Board, Bombay, or the Chief Officer.
5. Forms of contract. - If the forms of contracts are prescribed in the Maharashtra
Public Works Manual, the said forms may, as far as practicable, be adopted for like
contacts of the Authority :
Provided that, the Chief Executive Officer shall have power to make such vacation
therein including provision of additional conditions in the forms of contract as the Chief
Executive Officer may generally or specially direct.
6. Provision regarding tenders. - In inviting tenders and accepting them for purposes
of entering into contacts, the Officer authorised by the Chief Executive Officer from time
to time by general or special order to invite tenders, shall as far as possible follow the
principles laid down in the Maharashtra Public Works Manual :
Provided that, no tender shall be accepted except as provided in the Statement A
appended to the Authority's order.
7. Contract when binding on Authority. - A contract not executed as provided in
these regulations shall not be binding on the Authority.
8. Repeal. - Rules 5 and 6 of the Bombay Housing Board Rules, 1949, rule 4 of the
Madhya Pradesh Housing Board Rules, 1952 and the Bombay Building Repairs and
Reconstruction Board (Manner and Form of entering into Contracts) Rules, 1971 and all
other rules or regulations corresponding thereto and in force by operation of section 188
of the Act shall, on the commencement of these regulations, stand repealed, except as
respects anything done or omitted to be done.

Schedule 'A'

[See regulation 2(1 )(b)]

Office of the Maharashtra Housing and Area Development Authority

Subject : Delegation of powers Order No. 428/Mhada. 13/1-978, dated 1st April,
1978

In the constitution of the Maharashtra Housing and Area Development Authority with
effect from 5th December, 1977, the Government had also directed that the rules and
Regulations that prevailed till then, may be continued to the extent that they are not
inconsistent with the provisions of the new Act and till new Rules and Regulations are
made under the Maharashtra Housing and Area Development Act, 1976.
(2) The Authority in their Meeting held on 28th and 29th March, 1978 have resolved that
the powers of the Authority may be delegated to the extent shown in the appended
Statement A. It may be noted here that all the documents are to be executed in the
name of the "Maharashtra Housing and Area Development Authority" under section
29(1)(b) of the Maharashtra Housing and Area Development Act. In order, however to
show that the contract is executed on behalf of the Authority, by a particular Board, it
may be necessary to show into bracket after mentioning the executor as "Maharashtra
Housing and Area Development Authority" the name of the Board whose Chief Officer
may be exercising the power to execute to documents, for instance, the contract which
is executed by the Board will bear in respect of Bombay Regional Board the following
form:-
"For and on behalf of the Maharashtra Housing and Area Development Authority"
executed by the Chief Officer of Bombay Housing and Area Development Board.
It may be further clarified that if any Board or officer exceeds, the powers that are
delegated to that Board or Officer, such exercise being without jurisdiction renders the
documents null and void.
If a Chief Officer is unable, for any reasons, to execute such a document, it may be
forwarded to the Secretary of the Authority for execution by and on behalf of the
Authority.

(Signed) .............

Statement

Schedule of Delegations

Bombay Housing and Extent of power Pune Housing Extent of powers

Area Development delegated and Area
Board Development
Board
1. Administrativ The Board Full powers Vice President Full powers
e Approval.
(a Repairs to old Technical Upto Rs. 3 ..... .....
) building Committee. lakhs.
under
Chapter VIII,
(Each work
of repairs
need not be
shown in the
budget
proposal
submitted to
 the Authority,
but only a
total
expenditure
proposed to
be expended
for repairs
under
Chapter VIII
be shown).
(b Reconstructio Technical Upto Rs. 25 ..... .....
) n and Transit Committee lakhs.
Camp appointed
(Subject to under section
the inclusion 18 Board.
of each of
these works
in the budget,
and overall
supervision
and guidance
of the
Authority.)
(c Housing M.H. & A.D. Full powers C.E.O., M.H. &
) Scheme other Authority A.D. Authority
than those (a)
and (b)
above.
2. Technical Dy. Chief Upto Rs. 3
sanction Engineer. lakhs.
(a Repairs and Chief Above Rs. 3 Co. (E.E.)
) Slum Engineer. lakhs.
Improvement
.
(b Reconstructio Chief Full powers
) n and Transit Engineer.
camp.
(c Housing. Chief Full powers Chief Officer Full powers provided the
) Engineer. (E.E.) cost of each structure is
upto Rs. 5 lakhs.
Chief Engineer Full powers
Authority
3. Acceptance
tender. -
(a Repairs and Dy. Chief Upto Rs. 3
) Slum Engineer. lakhs.
Improvement
.
Chief Engineer Above Rs. 3
and Chief lakhs and
Accounts upto Rs. 25
Officer. lakhs.
Aurangabad Extent of Nagpur Extent of
Housing and delegated Housing powers
Area and Area delegated
Development Developme
Board nt Board
Dy. Chief
Engineer.
Vice Full powers Vice Full powers
President President
C.E.O. M.H. C.E.O. M.H. & Subject to the guidelines
& A.D. A.D. Authority and norms that may be
Authority laid down by the
Authority.
C.O. (E.E.) C.O. (E.E.) Subject to the guidelines
and norms that may be
laid down by the
Authority. Full power,
provided the cost of each
structure is upto Rs. 5%
lakhs.
Chief Officer Upto Rs. 5 Chief Upto Rs. 5 In case to Chief Officer,
lakhs Officer lakhs. Pune, Aurangabad and
Nagpur Board upto 5%
lakhs provided the cost of
each structure is upto Rs.
5 lakhs.
Chief Full powers Chief Full power A Committee of C.E. and
Engineer (A). Engineer C.A.O. to decide. In case
(A). difference of opinion, the
matter may be referred to
 the Tender Committee of
the Board
(b Reconstructio Dy. Chief Upto Rs. 3
) n and Transit Engineer. lakhs Above
Camp. C.E./C.A.O. Rs. 3 lakhs and
(Jointly) upto Rs. 25
lakhs.
Board Above Rs. 25
lakhs and upto
Rs. 50 lakhs.
MHADA Above Rs. 50
lakhs.
(c Housing Executive Upto Rs. 3 Chief Upto Rs. 5
) Engineer lakhs. Officer and lakhs.
CAC.
jointly
(Committee
)
Dy. Chief Above Rs. 3
Engineer. lakhs and upto
Rs. 10 lakhs.
Chief Above Rs. 10
Engineer lakhs & upto
and Chief Rs. 25 lakhs.
Accounts
Officer
jointly.
The Board Above Rs. 25 The Above Rs. 5
lakhs upto Rs. Board lakhs upto Rs.
50 lakhs (on 20 lakhs (on
recommendatio recommendatio
n of Tender n of Tender
Committee) Committee).
M.H. & Above Rs. 50 M.H. & Above Rs. 20
A.D. lakhs A.D. lakhs.
Authority Authorit
y;
Chief Officer Upto Rs. 5 Chief Upto Rs. 5 In case of difference of
and C.A.O. lakhs. Officer and lakhs. opinion matter may be
jointly. C.A.O. referred to the Tender
jointly. Committee.
 The Board Above Rs. 5 The Board Above Rs. 5
lakhs upto Rs. lakhs upto Rs.
20 lakhs (on 20 lakhs (on
recommendatio recommendatio
n of Tender n of Tender
Committee) Committee).
M.H. & A.D. Above Rs. 20 M.H. & Above Rs. 20
Authority lakhs. A.D. lakhs.
Authority.

Notes. - All these power are to be exercised subject to the procedure prescribed by
Maharashtra Public Works Manual and conditions laid down therein for scrutiny and
acceptance of tenders.

(Signed) ....................
Chief Executive Officer,
Maharashtra Housing and
Area Development Authority,

Schedule 'B'

(See regulation 3)

1. Secretary.

2. Deputy Chief Executive Officer of the Authority.

3. Chief Officers.

4. Deputy Chief Administrative Officer (Repairs and Reconstruction).

5. Deputy Chief Engineers.

6. Such other Officers as the Vice-President may be an order in writing specify for the
purposes of Regulation 3.
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The Maharashtra Housing and Area Development (Land Acquisition) (Service of Notice)
Rules, 1979

Published vide Notification No. G.N., P.W. & H.D., No. ARS. 2178/12153/(131)/A-Desk-
44, dated 10th August, 1979 (M.G., Part 4B, p. 1567)

mh278

LEGISLATIVE HISTORY 
In exercise of the powers conferred by clause (iv) of sub-section 184 read with the
proviso to sub-section (1) of section 41 of the Maharashtra Housing and Area
Development Act, 1976 (Maharashtra XXVII of 1977), and of all other powers enabling it
in that behalf; the Government of Maharashtra hereby makes the following rules, the
same having been previously published as required by sub-section (3) of the said
section 184, namely :-
1. Short title. - The rules may be called the Maharashtra Housing [and] Area
Development (Land Acquisition) (Service of Notice) Rules, 1979.
2. Definitions. - (1) In these rules, unless the context otherwise requires, -

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

(b) "Section" means section of the Act.

(2) Words and expression used but not defined in these rules and defined in the Act,
shall have the meanings respectively assigned to them in the Act.
3. Manner of service of notice under the proviso to section 41 (1) of the Act. -
Service of any notice issued under the proviso to sub-section (1) of section 41 of the Act
shall be effected.

(i) by delivering or tendering the notice to the person to whom it is addressed; or

(ii) by sending the notice to such person by registered post at address where he is
known to have last resided or carried on business or personally worked for gain; or

(iii) Where such person cannot be found or is avoiding the service of the notice or the
notice cannot be served by either of the above mentioned method, by leaving an
authentic copy of the notice with any audit member of his family or by affixing such copy
to some conspicuous part of the premises in which he is known to have last resided or
carried on business or personally worked for gain or to some conspicuous part of the
land to be acquired.
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The Maharashtra Housing and Area Development (Land Income) (Inquiry and Notice)
Rules, 1979

Published vide Notification No. G.N., P.W. & H.D., No. ARS. 2178/1253/(131)/B/Desk-
44, dated 10th August, 1979

mh199

LEGISLATIVE HISTORY 
In exercise of the powers conferred by clause (v) of sub-section (2) of section 184 read
with sub-section (5) of Section 44 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), and of all other powers enabling it in that
behalf; the Government of Maharashtra hereby makes the following rules, the same
having been previously published as required by subsection (3) of the said section 184,
namely:-
1. Short title. - These rules may be called the Maharashtra Housing and Area
Development (Land Income) (Inquiry and Notice) Rules, 1979.
2. Definitions. - (1) In these rules, unless the context otherwise requires,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

(b) "Form" means a form appended to these rules;

(c) "Section" means a section of the Act.

(2) Words and expressions used but not defined in these rules and defined in the Act,
shall have the meanings respectively assigned to them in the Act.
3. Manner of holding inquiry under section 44(5). - (1) The Land Acquisition Officer,
fifteen days before the commencement of the inquiry under sub-section (5) of section 44
of the Act for determining the net average monthly income actually derived from the
land, shall send a notice in Form A to the owner of the land and to every person who is
interested in the land. The notice shall be served in the manner provided in sub-rule (2)
of rule 4.
(2) On the date fixed for the inquiry or on any subsequent date to which the inquiry may
be postponed, the Land Acquisition Officer shall after hearing the owner and the
persons interested and after taking into consideration the evidence, if any, [produced by
them], determine the net average monthly income actually derived from the land
acquired in accordance with the provisions of sub-section (4) of section 44.
4. Form of Notice under section 44(5). - (1) The notice referred to in sub-section (5) of
section 44 shall be in Form B.
(2) Every such notice shall be in duplicate and shall be signed by the Officer issuing it
and shall bear his official seal and shall be served by one of the following methods,
namely:-
(i) by delivering or tendering the notice to the person to whom it is addressed; or

(ii) by sending the notice to such person by registered post at the address where he is
known to have last resided or carried on business or personally worked for gain; or

(iii) where such person cannot be found or is avoiding the service of the notice or the
notice cannot be served by either of the above mentioned methods, by leaving an
authentic copy of the notice with any adult member of his family or by affixing such copy
to some conspicuous part of the premises in which he is known to have last resided or
carried on business or personally worked for gain or to some conspicuous part of the
land to be acquired.

Form 'A'

[See rule 3(1)]

Notice of Inquiry

To
Shri .................................................................................................
(Here enter name and address)
Whereas the Government of Maharashtra by its Notification in the Public Works and
Housing Department, No. ........................ dated the ......................... 19, issued in
exercise of the powers conferred by sub-section (1) of section 41 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVII of 1977) (hereinafter
referred to as "the said Act"), and published in the Maharashtra Government Gazette,
Part ........................ dated the .................... has, in order to enable the Maharashtra
Housing and Area Development Authority to discharge its functions or to exercise its
powers or to carry out its proposals, plans or projects set out in Part I of the Schedule
hereto, acquired the land specified in Part II thereof (hereinafter referred to as "the said
land");
And Whereas, possession of the said land has been/is being taken under section 42 of
the said Act;
And Whereas, an inquiry is to be held under sub-section (5) of section 44 of the said Act
for determining the amount for acquisition of the said land;
Now, Therefore, I Shri .............................., Land Acquisition Officer, Maharashtra
Housing and Area Development Authority .................... hereby call upon you Shri
.............................. owner of the said land/person interested in the said land to appear
before me personally or by a duly authorised agent on the ................ day of
.................... 19 , at my office at ................. and

* Strike out whichever is not applicable.

(a) to state the nature of your interest in the said land;

(b) to state the gross income actually derived by you during the period of five
consecutive years immediately preceding the date of publication of the Government
Notification, Public Works and Housing Department No. ....................., dated the
.................. 19, in respect of acquisition of the said land; and

(c) to produce the following documents:-

(1) A statement in writing showing the nature of your interest in the land;

(2) A statement in writing showing the amount and particulars of your average monthly
income in the said land for a period of five consecutive years immediately preceding the
date of publication of the Government Notification, Public Works and Housing
Department, No. ....................., dated the .................... 19 in respect of acquisition of the
said land;

(3) A statement in writing showing the name or names of every co-sharer or mortgagee
possessing and having an interest in the said land and showing the nature and amount
of such interest;

(4) All such title deeds relating to the said lands as may be in your possession;

(5) The latest municipal bills, collector's bills and Fazandari or ground rent bill relating to
the said land.

Schedule

Part I

(Here specify the details of the proposals, plans or projects for which the land is
acquired as set out in the Government Notification referred to above).

Part II

District Taluka Village/Town Survey Area of the

Number land acquired
1 2 3 4 5

............................................Land Acquisition Officer,Maharashtra Housing and

AreaDevelopment Authority.
 Form B

(See rule 4)

Form of Notice under Sub-Section (5) of Section 44 of the Maharashtra Housing and
Area Development Act, 1976. Proposal/Plan/Project.
Code No.
To
Shri .................................................................................................
(Here enter name and address)
Whereas an inquiry was held under Sub-section (5) of Section 44 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), on the
...................... day of ....................... 19 , by me for determining the amount for
acquisition of the land described in the Schedule appended hereto (hereinafter referred
to as "the said land");
And Whereas, by my Order No. ....................... dated the ...................... 19 , an amount
of Rs. .................. has been determined to be the net average monthly income actually
derived from the said land;
Now, Therefore, I, Shri ......................................., Land Acquisition Officer, Maharashtra
Housing and Area Development Authority, ........................., hereby call upon you as the
*owner in the said land/*the person interested in the said land to intimate to me before
the ................ day of ............... 19, to state in writing whether or not you agree to the net
average monthly income actually derived from the land as determined by me. In case
you do not agree you may intimate to me before the aforesaid date, what amount you
claim to be such net average monthly income.

* Strike out whichever is not applicable.

Schedule

District Taluka Village/Town Survey Area of the

Number land acquired
1 2 3 4 5

............................................Land Acquisition Officer,Maharashtra Housing and

AreaDevelopment Authority.

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The Maharashtra Housing and Area Development (Maharashtra Slum Improvement
Fund) Rules, 1988

Published vide Notification No. G. N., H. & S. A. D. No. SCS. 1678/CR-65/D-7, dated
10th June, 1988 (M. G., 1988, Part 4B, p. 558)

mh342

In exercise of the powers conferred by sub-section (1) and clause (xvi) of sub-section
(2) of section 184, read with sub-sections (1) and (2) of section 117 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) and of all other
powers enabling it in that behalf, the Government of Maharashtra hereby makes the
following rules, namely :-
1. Short title. - These rules may be called the Maharashtra Housing and Area
Development (Maharashtra Slum Improvement Fund) Rules, 1988.
2. Definitions. - In these rules, unless the context otherwise requires,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976;

(b) "Board" means a Board, established under section 18 of the Act;

(c) "Financial Controller" means the Financial Controller appointed by the Authority with
the previous approval of Government, under sub-section (1) of section 19;

(d) "Fund" means the Maharashtra Slum Improvement Fund created under sub-rule (1)
of rule 3;

(e) "Government" means the Government of Maharashtra;

(f) "Section" means section of the Act. Words and expressions used in these rules but
not defined therein, shall have the same meaning respectively assigned to them in the
Act.

3. Creation of Fund. - (1) A Fund called "the Maharashtra Slum Improvement Fund"
shall be created and maintained by the Authority.
(2) It shall consist of -

(a) the service charges recovered from the occupiers under section 114 and credited to
the Fund; and

(b) an annual contribution from Government and local authorities under section 118.

4. Operation of Fund. - The proceeds of the fund shall be utilised for-

(a) payment of Grant-in-aid to the Municipal Corporation or Municipal Councils for
carrying out such improvement works of providing civic amenities to the occupants of
the slum areas as the Board concerned may entrust to them or to any other agency
recognised by it under section 105;

(b) expenditure on staff for improvement of slums;

(c) any other purpose provided by Government from time to time for rehabilitation and
improvement of conditions of slum areas.

5. Investment of surplus amount in the Fund. - Any surplus amount in the Fund,
which may not be required by the Board for performing its duties and functions under
Chapter IX of the Act, may be deposited by the Financial Controller in the Reserve Bank
of India or in such Scheduled Bank or invested in such securities as may be approved
by Government under section 35.
Maharashtra Housing and Area Development Act, 1976

Maharashtra Act No. 28 of 1977

MH105

For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1976,
Part V, Extraordinary, dated 26th July 1976, at pages 581-587; for Joint Committee
Report, see Maharashtra Government Gazette, Part V, Extraordinary, dated 6th
December 1976, at pages 683-764.
(This Act received the assent of the President on the 25th day of April 1977; assent first
published in the Maharashtra Government Gazette, Part IV on the 9th day of May,
1977.)
LEGISLATIVE HISTORY 
An Act to unify, consolidate and amend the laws relating to housing, repairing
and reconstructing dangerous buildings and carrying out improvement works in
slum areas.
[Whereas, on account of the rapid growth of industries in the urban areas and the fast
growth of population and commercial activities in such areas, the need of housing
accommodation could not be met by the limited house construction activities in the
private sector;
And Whereas, in the urban areas and particularly in the [Brihan Mumbai] area the old
buildings which have outlived their lives and rendered themselves in a bad state of
repairs and presented a dangerous possibility of collapse, necessity was increasingly
felt to take up the programme of repairs and reconstructions of such buildings;
And Whereas, due to acute shortage of accommodation in the urban areas slums have
come up which necessitated taking up improvement works in slum areas;
And Whereas, the magnitude of the housing programme for constructions of new
houses throughout the State and the task of repairs and reconstruction of old and
dilapidated buildings and improvement of slums in the urban areas is so, great that it is
necessary for the State Government to intervene and take effective step including
acquisition of lands and buildings for carrying out housing, repairs, construction and
reconstruction programmes over or in such lands and buildings and transferring
ownership and control thereof to needy persons so as to bring about an equitable
distribution of ownership and control in houses in such lands and buildings to subserve
the common good;]
[And Whereas] there are at present various corporate and statutory bodies in the State
which have been established, for dealing with the problem of housing accommodation,
for repairing and reconstructing building in a bad state of disrepair and presenting a
dangerous possibility of collapse, for carrying out improvemental works in slum areas,
and for advancing loans for construction of houses;
And Whereas the programmes undertaken by these bodies are more or less
complementary and there is considerable overlapping in their working or functioning;
And Whereas it is considered necessary and expedient to co-ordinate the housing
programmes with an orderly development of urban areas in the State;
And Whereas with a view to integrating the activities of these bodies so as to provide for
a more comprehensive and co-ordinated approach to the entire problem of housing
development, and planning and development of certain areas in a balanced manner,
with sufficient attention to ecology, pollution, over-crowding and amenities required for
leading a wholesome civic life, it is expedient to established a single Corporate Authority
for the whole State and establish new Boards for certain areas of the State to carry out
the plans and programmes of such Authority for the purposes aforesaid, to replace the
existing Boards by the new Boards aforesaid and to provide for matters connected with
the purposes aforesaid; It is hereby enacted in the Twenty-seventh Year of the Republic
of India as follows:-

Chapter I

Preliminary

1. Short title, extent and commencement of Act. - (1) This Act may be called the
Maharashtra Housing and Area Development Act, 1976.
(2) [Chapter VII and Chapter VIII-A extend] only to Greater Bombay, and the rest of the
Act extends to the whole State of Maharashtra including Greater Bombay.
(3) This Act shall come into force in such area, from such date, as the State
Government may, by notification in the Official Gazette, appoint; and different dates
may be appointed for different provisions of this Act for different areas.
(4) [* * * * *]
[1A. Declaration. - It is hereby declared that this Act is for giving effect to the policy of
the State towards securing the principle specified in clause (b) of article 39 of the
Constitution of India and the execution of the proposals, plans or projects therefor and
the acquisition therefor of the lands and buildings and transferring the lands, buildings
or tenements therein to the needy persons and the co-operative societies of occupiers
of such lands or buildings.]
2. Definitions - In this Act, unless the context requires otherwise,-
(1) "amenity" includes road, bridge, any other means of communication, transport,
supply of water and electricity, any other source of energy, street lighting, drainage,
sewerage, educational and welfare projects, markets and conservancy, and any
convenience which the State Government may, in consultation with the Authority, from
time to time by notification in the Official Gazette, specify to be an amenity required for
leading a wholesome civic life for the purposes of this Act;
(2) "appointed day" means the day on which the Authority is duly constituted under
section 6;
(3) "Authority" means the Maharashtra Housing and Area Development Authority
established under section 3;
(4) "Authority premises" means any premises belonging to, or vesting in the Authority,
or taken on lease by the Authority, or entrusted to, or placed at the disposal of, the
Authority for management and use for the purposes of this Act;
Explanation. - In this clause "Authority premises" includes any premises taken by
persons from the Authority under hire-purchase agreement, during the period any
payments are to be made by such person to the Authority under such agreement or until
such agreement is duly terminated;
(5) "betterment charges" means charges payable under section 53;
(6) "Board" means a Board established under section 18;
(7) "Building" for the purposes of Chapter VIII, means building in respect of which the
cess is levied under that Chapter and includes a tenement let or intended to be let or
occupied separately and a house, out-house, stable, shed, but and every other such
structure but does not include any such building or structure which as a whole is
unauthorised or any building which is a temporary building as defined in clause (sb) of
section 3 of [the Mumbai Municipal Corporation Act];
(8) "bye-laws" means bye-laws made under section 186;
(9) "cess" means a tax on lands and buildings levied or leviable under Chapter VIII of
this Act;
(10) "Chairman" and "Vice-Chairman" means the Chairman and the Vice-Chairman,
respectively of a Board;
(11) "Competent Authority" means an officer appointed to be the Competent Authority
under section 65;
(12) "co-operative society" means a co-operative housing society registered or deemed
to be registered under the Maharashtra Co-operative Societies Act, 1960;
(13) "development", with its grammatical variations, means the carrying out of building,
engineering, mining or other operations in, or over, or under, any land (including land
under sea, creek, river, lake or any other water) or the making of any material change in
any building or land, and includes re-development and lay-out and sub-division of any
land, and also the provision of amenities and "to develop" shall be construed
accordingly;
(14) "existing Board " means,

(i) the Maharashtra Housing Board constituted under the Bombay Housing Board Act,
1948,

(ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board
Act, 1950,

(iii) the Bombay Building Repairs and Reconstruction Board constituted under the
Bombay Building Repairs and Reconstruction Board Act, 1969;

(iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum
Improvement Board Act, 1973;

(v) [* ** * *]

functioning in the State or any part thereof immediately before the appointed day;

(15) "fund of the Authority" means the fund of the Authority referred to in section 34;
(16) "land" includes open sites and land which is being built upon or is already built
upon, benefits to arise out of land and things attached to the earth or permanently
fastened to anything attached to the earth; and also include land under sea, creek, river,
lake or any other water;
(17) "Land Acquisition Officer" means an officer appointed as such under section 49 of
this Act;
(18) "member"-

(i) in relation to the Authority, means a member of the Authority including the President
and the Vice-President thereof,

(ii) in relation to a Board, means a member of the Board including the Chairman and the
Vice-Chairman thereof,

(iii) in relation to a Panchayat, means a member of a Panchayat including the Sarpanch

and Upa-Sarpanch thereof;

(19) "Metropolitan Act" means the [Mumbai Metropolitan Region Development Authority
Act, 1974];
(20) "Metropolitan Authority" means the [Mumbai Metropolitan Region Development
Authority] established under the Metropolitan Act;
(21) "Metropolitan Region" has the meaning assigned to it in the Metropolitan Act;
(22) "Municipal Commissioner" means the Municipal Commissioner of a Municipal
Corporation;
(23) "Municipal Corporation" means a Municipal Corporation established or constituted
under any law for the time being in force in the State;
(24) "Municipal Council" means a Municipal Council established under the Maharashtra
Municipal Councils Act, 1965;
(25) "occupier" includes :-

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

(b) an owner in occupation of, or otherwise using, his land or building;

(c) a rent-free tenant of any land or building;

(d) a licensee in occupation of any land or building; and

(e) any person who is liable to pay to the owner damages for the use and occupation of
any land or building;

(26) "owner", when used with reference to any building or land or a part thereof, let or
intended to be let or occupied separately, means the persons who receives the rent of
such building or land or a part thereof, or who will be entitled to receive the rent thereof
if the building or land or a part thereof were let and includes-
(a) an agent or trustee who receives such rent on account of the owner,

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

(c) a receiver, sequestrator, or manager appointed by any court of competent

jurisdiction to have the charge of or to exercise the rights of an owner of the said
building, land or part thereof,

(d) a mortgagee in possession;

(27) "premises" means any land or building, or part of a building, whether authorised or
otherwise, and includes-

(a) gardens, grounds and out-houses, if any, appertaining to such building or part of a
building;

(b) any fitting affixed to such building or part of a building for the more beneficial
enjoyment thereof; and

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

(28) "prescribed" means prescribed by rules;

(29) "President" and "Vice-President" means the President and Vice-President,
respectively, of the Authority;
(30) "retable value", in relation to a building in any area, has the meaning assigned to it
in the relevant municipal law in force in such area;
(31) "regulations" means regulations made under section 185;
(32) "relevant municipal law" means -

(a) [the Mumbai Municipal Corporation Act,]

(b) the Bombay Provincial Municipal Corporation Act, 1949.

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

(d) the Maharashtra Municipal Councils Act, 1965;

(33) "Rent Act" means the Bombay Rents, Hotel and Lodging House Rates Control Act,
1947;
(34) "rules" means rules made by the State Government under section 184;
(35) "Slum improvement area" means any area declared as such by a Board under sub-
section (1) of section 108;
(36) "structural repairs" for the purposes of Chapter VIII means repairs or replacement
of decayed, cracked, or out of plumb structural components of a building or any
substantial part thereof or any part to which the occupiers have common access, such
as, staircases, passages, water closets or privies by new one of the like material or
materials, or of different material or materials including change in the mode of
construction like converting load bearing wall type or timber framed structure to an R. C.
C. one, or a combination of both, which repairs or replacement in the opinion of the
Board, if not carried out expeditiously, may result in the collapse of the building or any
such part thereof; and "structural repairs" includes repairs and replacement of all items
which are required to be repaired or replaced as a consequence of the repairs or
replacement aforesaid which are carried out or to be carried out, and also repairs and
replacement of the roof (both not replacement of the tiles only) and of the drain pipes
(including house gullies) fixed to the building, which, if not repaired or replaced
simultaneously with structural repairs would cause further damage to the building. When
such repairs to any building or any part thereof are carried out by the Board the building
shall be deemed to be structurally repaired under this Act;
(37) "Town Planning Act" means the Maharashtra Regional and Town Planning Act,
1966;
(38) "Tribunal" means the Tribunal constituted under section 73;
(39) "year" means a year commencing on the first day of April;
(40) "Zilla Parishad" means a Zilla Parishad established under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961.

Chapter II

Establishment of the Authority and Boards

3. Establishment of Authority. - The State Government shall, by notification in the

Official Gazette, establish for securing the objectives and purposes of this Act, an
Authority to be called the Maharashtra Housing and Area Development Authority for the
areas in which this Act may be brought into force, from time to time.
4. Authority to be corporate body and local authority. - (1) The Authority shall be a
body corporate having perpetual succession and a common seal and may sue or be
sued in its corporate name and shall be competent to acquire and hold property, both
moveable and immovable, and to contract and do all things necessary for the purposes
of this Act.
(2) The Authority shall be deemed to be a local authority for the purposes of this Act.
5. Non-applicability of Rent Act or any corresponding law. - The Rent Act or any
law corresponding thereto for the time being in force in any area to which this Act
extends,-

(a) shall not apply to any land or building belonging to us or vesting in, the Authority
under or for the purpose of this Act;

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

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

President and seven other members all appointed by the State Government.
(2) The President may be either a full-time President or a part-time President. If the
President is a part-time President then the State Government shall appoint a full-time
Vice-President. The President and Vice-President shall be persons who, in the opinion
of the State Government, have administrative and management experience necessary
for conducting and managing the affairs of the Authority under this Act. The Authority
shall consist of the following other members, namely:-

(a) two official members who, in the opinion of the State Government, have special
knowledge of, or practical experience in, public administration, finance structure
engineering, architecture, town and company planning or public housing;

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

(3) The names of the President, Vice-President and other members appointed under
this section shall be published in the Official Gazette, and upon such publication, the
Authority shall be deemed to be duly constituted.
7. Term of office. - The President, Vice-President and every non-Official member shall,
subject to the provisions of this Act, hold office for a period of three years from the date
of publication of his appointment in the Official Gazette:
Provided that, the State Government may, by a notification in the Official Gazette,
extend the said period by a further period not exceeding one year as may be specified
in the notification:
Provided further that, after the expiry of the period or extended period of his
appointment, a person shall, unless disqualified, be eligible for re-appointment as the
President, the Vice-President or such members, so however, that he does not hold
office for a period of more than seven years in the aggregate.
8. Conditions of service of President, Vice-President and non-official members. -
(1) Remuneration and other conditions of service of the President and Vice-President
who is a non-official shall be such as the State Government may by order determine.
(2) Every non-official member shall receive such allowances for the purpose of meeting
personal expenditure incurred in attending the meetings of the Authority or for attending
to any other business of the Authority as such member, as the State Government may
by order determine.
(3) The remuneration of the President, Vice-President and the allowances to the non-
official members shall be paid from the fund of the Authority.
(4) Notwithstanding anything contained in this Act, if a member of the State Legislature
is appointed as a member of the Authority (including the President or the Vice-President
thereof), he shall not be entitled to receive any remuneration other than travelling
allowance, daily allowance or such other allowance which is paid to a member of the
Authority for the purpose of meeting the personal expenditure incurred in attending the
meeting of the Authority or in performing any other functions as such member.
9. Resignation of non-official members. - The President, Vice-President or any non-
official member may at any time resign his office by writing under his hand addressed to
the State Government and upon the acceptance thereof, the office of the member shall
become vacant.
10. Temporary absence of members. - If any member is by infirmity or otherwise
rendered temporarily incapable of carrying out his duties as a member or is absent on
leave or otherwise, not involving the vacation of his appointment, the State Government
may appoint another person to officiate for him and carry out his functions under this Act
or any rules or regulations made thereunder.
11. Disqualifications of members. - (1) Subject to the provisions of this section, a
person shall be disqualified for being appointed or continuing as the President, the Vice-
President or the non-official member of the Authority, if he-

(a) holds any office of profit under the Authority,

(b) is of unsound mind, and stands so declared by a competent court,

(c) is an uncertificated bankrupt or an undischarged insolvent,

(d) has directly or indirectly by himself or by any partner, any share or interest if any
contract or employment with, by or on behalf, of the Authority,

(e) is a Director or a Secretary, Manager or other salaried officer of any incorporated

company which has any share or interest in any contract or employment with, by or on
behalf of the Authority, or

(f) has been or is convicted of any offence involving moral turpitude.

(2) A person shall not be disqualified under clause (a) of sub-section (1), by reason only
of being a President or a Vice-President, and in the case of a representative of the
employees by reason only of being an employee of the Authority.
(3) A person shall not, however, be disqualified under clause (d) or (e) of subsection (1),
or be deemed to have any share or interest in any, contract or employment within the
meaning of these clauses, by reason only of his, or the incorporated company of which
he is a Director, Secretary, Manager or other salaried officer having a share or interest
in any newspaper in which any advertisement relating to the affairs of the Authority is
inserted.
(4) A person shall not also be disqualified under clause (d) or (e) of subsection (1) or be
deemed to have any share or interest in any incorporated company which has any
share or interest in any contract or employment with, by or on behalf of, the Authority,
by reason only of his being a shareholder of such company:
Provided that, such person discloses to the State Government the nature and extent of
the shares held by him.
12. Removal of member. - (1) The State Government may, by notification in the Official
Gazette remove from office the President, Vice-President or any non-official member
who-

(a) is, or has become, subject to any of the disqualifications mentioned in section 11; or

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

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

Provided that, no persons shall be so removed from office unless he has been given an
opportunity to show cause against his removal.
(2) Notwithstanding anything contained in section 7 or other provisions of this Act, the
President, the Vice-President and other members shall hold office during the pleasure
of the State Government; and the State Government, if it appears to it to be necessary
or expedient so to do in the public interest, may by order remove all or any of them from
office at any time.
13. Filling of vacancies. - (1) In the event of a vacancy in the office of any member, the
vacancy may be filled by the State Government, and the person so appointed shall hold
office so long only as the member in whose place he is appointed would have held
office.
(2) A vacancy of a member shall be filled as early as practicable:
Provided that, during any such vacancy, the continuing members may act as if no
vacancy had occurred.
14. Proceedings presumed to be good and valid. - No disqualification of, or defect in,
the appointment or continuation of any person acting as a member of the Authority shall
be deemed to vitiate any act or proceeding of the Authority if such act or proceeding is
otherwise in accordance with the provisions of this Act.
15. Existing Boards to continue until Authority constituted. - Until the Authority is
duly constituted under section 6, the existing Board shall continue to function in the area
of its jurisdiction and fields of activity; and on the constitution of the Authority, the
existing Board shall stand dissolved and the members including the office bearers
thereof shall vacate their office.

Organisation of the Authority

16. Authorities charged with execution of this Act. - (1) The authorities charged with
carrying out the provisions of this Act are -

(a) the Authority,

(b) the President and the Vice-President of the Authority,

(c) the Boards,

(d) the Chairman and the Vice-Chairman of the Boards,

(e) the Chief Officers of the Boards, having part-time Chairman and also part-time Vice-
Chairman.

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

Table

Name of the Board Area of jurisdiction district of

1 2
(1) [The Mumbai Housing and Area (a) [The City of Mumbai],
Development Board.]
(2) The Nagpur Housing and Area (b) [The Mumbai Suburban]
Development Board.
(3) The Aurangabad Housing and (a) Nagpur, (b) Chandrapur, (c)
Area Development Board. Gadchiroli, (d) Bhandara, (e)
Wardha.
(4) The Pune Housing and Area (a) Aurangabad, (b) Jalna, (c)
Development Board. Parbhani, (d) Beed, (e) Nanded, (f)
Osmanabad, (g) Latur.
(5) Konkan Housing and Area (a) Thane, (b) Raigad, (c)
Development Board. Sindhudurg, (d) Ratnagiri.
(b) The State Government shall, by notification in the Official Gazette,
establish the following two Boards having the area of jurisdiction in the
districts as shown against each of them, on and with effect from such date
as may be specified in that notification, namely:-
(1) The Amravati Housing and Area (a) Amravati, (b) Akola, (c)
Development Board. Yavatmal, (d) Buldhana.
 (2) The Nashik Housing and Area (a) Nashik, (b) Ahmednagar, (c)
Development Board. Dhule, (d) Jalgaon]
[(c) The State Government shall, by notification in the Official Gazette,
establish the following two Boards for carrying out the activities of repairs
and reconstruction, and slum improvement having the area of jurisdiction in
the districts as shown against each of them on and with effect from such
date as may be specified in that notification, namely :-]
(1) [The Mumbai Repairs and (a) [The City of Mumbai.]
Reconstruction Board.]
(2) [The Mumbai Slum Improvement (b) [The Mumbai Suburban].
Board.]
[(2) Every Board shall consist of a Chairman and not more than [17] other members
including a Vice-Chairman, if any, of whom not less than 3 shall be officials.
All the members including the Chairman and the Vice-Chairman, if any, shall be
appointed by the State Government.]
(3) Not less than two non-official members shall be persons who, in the opinion of the
State Government, have special knowledge or practical experience in finance, structural
engineering, architecture, town and country planning, and public housing.
(4) The names of the chairman, Vice-Chairman, if any, and other members of a Board
shall be published in the Official Gazette, and upon such publication, to Board shall be
deemed to be duly constituted.
(5) The appointment of the Chairman and Vice-Chairman of a Board may be either
whole-time or part-time as the State Government may think fit. When the Chairman is
appointed as a whole-time Chairman, he shall be the Chief Officer of the Board.
(6) Where the Chairman is appointed as a part-time Chairman, the Vice-Chairman, if
full-time, shall be the Chief Officer of the Board. If the Vice-Chairman is also part-time,
the State Government shall appoint a Chief Officer of the Board, and he shall be an
Officer of the Board.
(7) Every Board shall have a Chief Accounts Officer. He shall be appointed by the
Authority with the previous approval of the State Government.
(8) The provisions of sections 7, 8, 9, 10, 11, 12, 13 and 14 shall apply mutatis mutandis
to a Board or to the Co-opted members of the Technical Committee appointed under
sub-section (10). [* * * * * *] as they apply in relation to the Authority.
(9) Each Board shall be provided with such employees as the Authority may by order in
writing, determine. The Board shall within its jurisdiction be responsible for
administering and managing the affairs of the Authority for the purposes of this Act.
(10) [The Mumbai Repairs Reconstruction Board] shall appoint a Technical Committee,
consisting of not less than six of its members and may co-opt, not more than three other
persons on the Committee who are not members of the Board. Subject to the
superintendence and control of the Board, the Technical Committee shall sanction and
supervise the repairs and reconstruction works, including the construction of transit
camps, on behalf of the Board under Chapter VIII, The Board may delegate such of its
other functions under Chapter VIII to the Committee as it may decide.
(11) [* ***]
19. Appointment of employees and conditions of service. - (1) The Authority shall,
with the previous approval, of the State Government appoint a Financial Controller and
a Secretary.
(2) Subject to such directions regarding creation of any post and filling thereof as the
State Government may from time to time by an order in writing determine, the Authority
may appoint such other employees from time to time for the efficient performance of its
functions as it thinks fit.
(3) The employees appointed under this Act shall be the employees of the Authority
notwithstanding the fact that they are working under any Board.
(4) Subject to the provisions of this section, the remuneration and other conditions of
services of employees appointed by the Authority shall be such as may be determined
by regulations:
Provided that, subject to the provisions of sections 22, 23 and 189, the terms and
conditions of service applicable immediately before the appointed day to any employee
shall not be varied to his disadvantage except with the previous approval of the State
Government.
(5) The State Government may make rules [with effect from such date as it may
specify,] for regulating the mode of recruitment by holding examinations or otherwise,
including provision for the absorption or promotion of persons already working under
any existing Board or otherwise and providing for terminal benefits such as
compensation, pension or gratuity or the like to persons who elect to retire;
20. Provident Fund. - (1) The State Government shall establish a provident fund for
employees of the Authority, and such provident fund (hereinafter called as "the
provident fund") shall, notwithstanding anything contained in section 8 of the Provident
Funds Act, 1925, be deemed to be a Government Provident Fund for the purposes of
that Act; and such provident fund may be administered by such officers of the State
Government or of the Authority, as the State Government may specify in that behalf.
(2) The Authority shall, in respect of each of its employees who is a subscriber to the
Provident Fund, pay into that fund such portion of the contribution in such manner as
the State Government may, from time to time, determine.
21. Expenses of Authority on staff. - [(1) All expenses incurred by the Authority,
including expenses incurred on account of salaries, allowances, fees and other
remuneration payable to the employees serving under the Authority, shall be met from
the fund of the Authority.
(2) The Authority may, at its discretion, make from out of its fund, contribution of such
amount as it deems fit to the Employees' Welfare Fund, if any, constituted by the
employees of the Authority and managed by the society, formed by such employees
and registered under the Societies Registration Act, 1860 and the Bombay Public Trusts
Act, 1950.]
22. Authority to absorb staff of existing Boards. - (1) Subject to the provisions of
section 189 and other provisions of this Act every person, who was a whole-time
employee of any existing Board immediately before the appointed day shall, on and
from that day, become, and be absorbed as, an employee of the Authority. He shall
holds his office in the Authority by the same tenure, at the same remuneration and upon
the same terms and conditions and with the same rights and privileges as to pension,
gratuity and provident fund and other matters as he would have the same on the
appointed day of this Act had not been passed, and shall continue to do so, unless and
until his employment in the Authority is terminated or until his remuneration terms and
conditions are duly altered by the Authority:
Provided that, nothing contained in this section shall apply to any such employee who
has, by notice in writing given to the State Government prior to the appointed day,
intimated his intention of not becoming an employee of the Authority.
(2) If any question arises as to whether any person was a whole-time employee of an
existing Board immediately before the appointed day or not, the question shad be
referred to the State Government, whose decision shall be final.
(3) Notwithstanding anything contained in the Industrial Disputes Act, 1947 or any other
law for the time being in force the absorption of any employee of an existing Board by
the Authority shall not entitle any such employee to any compensation under that Act or
other law, and no such claim shall be entertained by any Court, Tribunal or other
Authority.
23. Power of State Government of reduction of remuneration or revision of
conditions of service for securing uniformity. - (1) Where the State Government is
satisfied that for the purpose of securing uniformity in the scales of remuneration and
the other terms and conditions of service applicable to the employees who are absorbed
by the Authority under section 22, it is necessary so to do, or that, in the interest of the
Authority a reduction in the remuneration payable, of a revision of the other terms and
conditions of service applicable, to employees of any class of employees is called for,
the State Government may, notwithstanding anything contained in section 22 or other
provisions of this Act or in the Industrial Disputes Act, 1947, or in any other law for the
time being on force, or in any award, settlement or agreement for the time being in
force, alter (whether by way of reduction or otherwise) the remuneration and the other
terms and conditions of service to such extent and in such manner as it think fit; and if
the alteration is not acceptable to any employee, the Authority may terminate his
employment by giving compensation equivalent to three months' remuneration unless
the contract of service with such employee provides for a shorter notice of termination.
Explanation. - The compensation payable to an employee under this section shall be in
addition to, and shall not affect, any pension, gratuity, provident fund money or any
other benefit to which the employee may be entitled under his contract of service.
(2) Notwithstanding anything contained in sub-section (1), the remuneration payable to
any employee absorbed by the Authority under section 22, shall not be altered under
that sub-section to his disadvantage, so as to be less than the remuneration paid or
payable to him on the 1st January 1975 plus the increments earned by him during the
period from the said date to the appointed day.
24. General disqualification of all employees. - No person who had directly or
indirectly by himself or his partner or agent any share or interest in any contract, by or
on behalf of the Authority, or in any employment under, by or on behalf of the Authority
otherwise than as an employee thereof, shall become or remain an employee of the
Authority.

Conduct of Business
25. Meetings of Authority. - (1) The Authority shall meet at such times, at least once in
two months and at such places as the President may determine.
(2) The President or in his absence the Vice-President, and in the absence of both the
President and Vice-President, any other member chosen by the members present from
amongSt themselves shall preside at a meeting of the Authority.
(3) All questions at a meeting of the Authority shall be decided by a majority of votes of
the members present and voting; and in the case of an equality of vote, the person
presiding shall have and exercise a second or casting vote.
(4) Three members shall form a quorum to constitute a meeting of the Authority.
(5) Minutes shall be kept of the names of the members present and of others who
attend the meetings of the Authority under the provisions of this Act and of the
proceedings of each meeting, in a minute book to be kept for the purpose. The minutes
shall be signed at the next ensuing meeting after confirmation at such meeting and shall
be open to inspection by any member during office hours of the Authority.
(6) Subject to the foregoing provision, the Authority may observe such rule of procedure
in regard to the transaction of its business as it may deem proper and expedient.
26. Temporary association of persons with Authority for particular purpose. - (1)
The Authority may associate with itself, any person whose assistance or advice it may
desire for carrying into effect any of the provisions of this Act:
Provided that, the number of persons so associated shall not be more than three.
(2) A person -associated with the Authority under sub-section (1) for any purpose shall
have the right to take part in the deliberations of the Authority relevant to that purpose,
but shall not have the right to vote.
(3) The State Government may, by order, depute its representatives to attend any
meeting of the Authority and to take part in the deliberations of the Authority, on such
items or subjects as the State Government may specify, but such representatives shall
not have the right to vote.
27. Section 25 and 26 to apply to Meetings of Boards. - The provisions of section 25
in relation to meetings of a Board and of section 26 in relation to temporary associations
of persons with a Board shall apply as they apply in relation to meetings of the Authority
or in relation to temporary association of persons with the Authority with the
modifications that -
(1) in sub-section (1) of section 25, for the word "Authority" the word "Board" and for the
words "in two months" the words "a month" [and for the word "President" the word
"Chairman" shall, respectively,] be substituted;
(2) in sub-section (2) of section 25, for the words "President" the word "Chairman" and
for the word "Vice-President" the word "Vice-Chairman" shall be substituted;
(3) in each of sub-sections (2), (3) (4), (5) and (6) of section 25, for the word "Authority"
the word "Board" shall be substituted;
(4) in sub-section (4) of section 25 for the words "Three members" the words "One-third
of the members" shall be substituted;
(5) in section 26, for the word "Authority" wherever it occurs, the word "Board" shall be
substituted.

Chapter III
Functions, Duties and Powers of the Authority and Boards

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

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

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

(ii) development including provision for amenities in areas within the jurisdiction of the
Authority;

(iii) clearance and re-development of slums in urban areas;

(iv) development of peripheral areas of existing urban areas to ensure an orderly urban
overspill;

(v) development of commercial centres;

(vi) development of new towns in accordance with the provisions of the Town Planning
Act;

(vii) development of lands vested in the Authority;

(viii) the closure or demolition of dwellings or portions of dwellings unfit for human
habitation;

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

such buildings;

(x) repairs to, or construction and reconstruction of buildings;

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

(xii) undertakings and promoting prefabrication and mass production of buildings

components;

(b) to manage all lands, houses and buildings or other property vested in, or belonging
to the Authority;
(c) to approve proposals plans or projects prepared by Boards;

(d) to raise resources for the purpose of carrying out the objects of this Act and subject
to the directions, if any, made by the State Government, to make suitable allocations of
resources to the Boards;

(e) to approve the budgets of the Boards;

(f) to lay down policy regarding disposal of developed sites and housing tenements of
the Authority;

(g) to give directions to Boards for developing areas which in the opinion of the Authority
should be developed;

[(h) to advance loans or to assist persons in obtaining loans for banking or finance
institutions in accordance with the provisions of Chapter X;]

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

(2) In addition to the duties and functions referred to in sub-section (1), the Authority
may undertake such other duties and functions, including those of a Planning Authority
or Special Planning Authority under the Town Planning Act, as the State Government
may assign to the Authority in any specified area, and in doing so, the Authority shall be
deemed to be fulfilling the purposes of this Act and the provisions of the Act shall apply
to the Authority in respect of those duties and functions also.
(3) The Authority may exercise all or any of the following powers for the purpose of
discharging its functions and performing its duties under this Act, namely :-

(i) to borrow;

(ii) to enter into agreements and contracts;

(iii) to sell, purchase, lease, mortgage, exchange, partition or otherwise transfer any
land or building or to hold land entrusted to it by Government or by any authority;

(iv) to make regulations regarding,-

(a) procedures to be followed regarding contracts

(b) [*****]

(c) operation of accounts of the Authority;

(d) all matters pertaining to staff of the Authority;

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

(vi) management of each state including co-operative societies;

(vii) to enter and search an Authority premises after due notice, when necessary to the
inmates thereof;

(viii) to execute or carry out any repairs to the lands or buildings vesting in or belonging
to, the Authority;

(ix) all other powers necessary for carrying out the purpose of this Act including the
power to levy or charge fees.

29. Powers, duties and functions of Boards. - (1) The powers, duties and functions of
the Boards shall, subject to the provisions of sub-section.(2), be, -

(a) to prepare proposals, plans or projects for any of the matters referred to in clause (a)
of sub-section (1) of section 28 and execute them;

(b) to enter into contracts in the name of the Authority;

(c) to function on behalf of the Authority as Special Planning Authority under the Town
Planning Act;

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

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

Chapter IV

Budget, Finance, Accounts and Audit

30. Submission of budget to Authority. - [(1) The Chief Executive Officer or in his
absence the Financial Controller or such officer, as may be specially or generally
authorised in this behalf, by the Authority shall, at a special meeting to be held not later
than 31st [March] in each year, lay before the Authority, the budget estimates of the
Authority for the next year.]
(2) Every such budget estimates shall be prepared in such from as the State
Government may, from time to time by order, determine, and shall provide for, -

(i) the proposals, plans and projects which the Authority proposes to execute whether in
part or in whole during the next year;

(ii) the due fulfilment of all the liabilities of the Authority; and

(iii) the implementation of the provisions of this Act;

and such estimates shall contain a statement showing the estimated income and
expenditure on capital revenue accounts, for the next year and such other particulars
indicating the financial performance of the Authority as the State Government may
direct. The budget shall clearly reveal financial outlay and performance.
(3) The Chief Officer of every Board shall prepare annually on or before such date and
in such form as the State Government may from time to time by order determine a
budget estimate of the income and expenditure of the Board for the next year relating to
the proposals, plans or projects to be undertaken or continued or executed from the
funds of the Authority.
(4) Every Board shall, as soon as may be, after the said date consider the budget
estimates so prepared and approve the same with or without modifications and forward
it to the Authority for the inclusion thereof in the budget estimates of the Authority before
such date as the State Government may, from time to time, by order determine.
31. Sanction of budget estimates. - The Authority shall consider the budget estimates
submitted to it under section 30 and approve the same with or without modifications on
or before such date as the State Government may, from time to time, determine. The
budget estimates forwarded by every Board shall form part of the budget estimates of
the Authority.
32. Submission of approved budget estimates to State Government. - (1) Every
budget estimates approved by the Authority under the last preceding section shall be
submitted to the State Government for information.
(2) After the receipt of the approved budget estimates, the State Government may as far
as practicable before the beginning of the next year, suggest to the Authority, such
modifications therein as the State Government may deem fit, and the Authority shall
carry out such modifications in the budget estimates in such manner as the Authority
may think fit.
33. Supplementary budget. - The Chief Executive Officer may, at any time during the
year for which a budget has been approved by the Authority, lay before the Authority as
supplementary budget estimate and the provisions of sections 30, 31 and 32 shall, so
far as may be, apply to such supplementary budget estimates.
34. Authority's Fund - (1) The Authority shall have its own fund.
(2) (a) All moneys received by the Authority by way of grants, subventions, donations
and gifts for all or any of the purposes of this Act;
(b) All proceeds of land or any other kind of property sold or disposed of by the
Authority, all rents, deposits, betterment charges and all interest, profits and other
moneys accruing to the Authority;

(c) all loans received by the Authority;

shall constitute the fund of the Authority;

(3) [* * * * * * *]
35. Deposit of money in fund and operation thereof. - (1) Except as otherwise
directed by the State Government, all moneys forming part of the funds of the Authority
shall be deposited in the Reserve Bank of India or in such Scheduled Bank or invested
in such securities as may be approved by the State Government.
Explanation. - For the purposes of this section, the Reserved Bank of India means the
Reserve Bank of India at [Mumbai] constituted under the Reserve Bank of India Act,
1934, and a Scheduled Bank means a Bank included in the Second Schedule to the
said Act.
(2) The fund of the Authority shall be operated upon by such officers as may be
authorised by the Authority.
36. Power of Authority to borrow. - (1) The Authority may, from time to time with the
previous sanction of the State Government and subject to the provisions of this Act and
to such conditions as may be prescribed in this behalf, borrow any sum required for the
purpose of this Act.
(2) The rules made by the State Government for the purposes of this section may
empower the Authority to borrow by the issue of debentures and to make arrangements
with bankers.
(3) All debentures issued by the Authority shall be in such form as the Authority with the
sanction of the State Government, may, from time to time, determine.
(4) Every debenture shall be signed by the President and one other member of the
Authority as the Authority may by order specify in this behalf.
(5) Loans borrowed and debentures issued under this section may be guaranteed by
the State Government as to the repayment of principle and the payment of interest at
such rate as may be fixed by the State Government.
37. Application of property, fund, etc. - All property and fund of the Authority and all
other assets belonging to, or vesting, in the Authority shall be held and applied by it,
subject to the provisions and for the purposes, of this Act.
38. Subvention and loans to Authority. - (1) Any Government or local authority (and
every local authority is hereby authorised to do so) may, from time to time, make
subventions to the Authority for the purposes of this Act on such terms and conditions
as the State Government may determine.
(2) Any Government may from time to time advance loans to the Authority on such
terms and conditions not inconsistent with the provisions of this Act, as that Government
may determine.
39. Accounts and audit. - (1) The Authority shall cause to be maintained proper books
of accounts and such other books as the rules may require, and shall prepare in
accordance with the rules an annual statement of accounts.
(2) The Authority shall cause its accounts to be audited annually by such person and by
such date in the next succeeding year as the State Government may direct. The person
so directed shall have the right to demand the production of books, accounts and
connected vouchers, documents and papers, and to inspect any of the offices of the
Authority including those of the Boards.
(3) As soon as the accounts of the Authority have been audited, the Authority shall send
a copy thereof with a copy of the report of the auditor thereon to the State Government;
and the Authority shall comply with such directions as the State Government may, after
perusal of the report of the auditor think fit to issue.
(4) The accounts together with the report of the auditor thereon shall be laid by the
State Government before each House of the State Legislature as far as possible before
the expiry of the year next succeeding the year to which they relate.
40. Concurrent and special audit of accounts. - (1) Notwithstanding anything
contained in section 39, there shall be a concurrent audit of the accounts of the
Authority by such person as it thinks fit. The State Government may also direct a special
audit to be made by such person as it thinks fit of the accounts of the Authority relating
to any particular transaction or a class or series of transactions or to a particular period.
(2) Where an order is made under sub-section (1), the Authority shall present or cause
to be presented for audit such accounts and shall furnish to the person appointed under
sub-section (1) such information as the said person may require for the purpose of
audit; and shall remedy or cause to be remedied the defects pointed out by such
person, unless they are conduced by the State Government.

Chapter V

Acquisition of Land and Disposal of Property of The Authority

41. Power of State Government to acquire land. - (1) Where, on any representation
from the Authority or any Board it appears to the State Government that, in order to
enable the Authority to discharge any of its functions or to exercise any of its powers or
to carry out any of its proposals plans, or projects, it is necessary that any land should
be acquired, the State Government may acquire the land by publishing in the Official
Gazette, a notification to the effect that the State Government has decided to acquire
the land in pursuance of this section:
Provided that, before publishing such notification, the State Government shall by notice
published in the Official Gazette, and served in the prescribed manner, call upon the
owner of, or any other person who, in the opinion of that Government, may be
interested in, such land to show cause, why it should not be acquired and after
considering the cause, if any, shown by the owner or any other person interested in the
land, the State Government may pass such order as it thinks fit.
Provided further that, if the land proposed to be acquired falls within the Scheduled
Areas then the State Government shall before such acquisition and before resettling or
rehabilitating of person affected consult, -

(i) the Gram Sabha and the Panchayat concerned, if the land falls within the area of one
Panchayat;
(ii) concerned Gram Sabhas and the Panchayat Samiti, if the land falls within the area
of more than one village in the Block concerned;

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

such consultation shall be done in the manner as may be laid down by the state
Government by issuing general or special order issued in this behalf:
Provided that, the decision taken by the majority of the Gram Sabhas concerned by
passing a resolution in the above matter shall be binding on the concerned Panchayat
Samiti or the Zilla Parishad, as the case may be.
Explanation. - For the purpose of these provisions,-

(i) the expressions "Gram Sabha," "Panchayat" and "Scheduled Areas" shall have the
meaning respectively assigned to them in the Bombay Village Pachayat Act, 1958;

(ii) the expressions "Panchayat Samiti" and "Zilla Parishad" shall have the meanings
respectively assigned to them in the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961.

(2) The acquisition of land for any purpose mentioned in sub-section (1) shall be
deemed to be a public purpose.
(3) Where notification aforesaid is published in the Official Gazette, the land shall, on
and from the date on which the notification is so published, vest absolutely in the State
Government free from all encumbrances.
42. Power of State Government to require person in possession of land to
surrender or deliver possession thereof to State Government. - (1) Subject to the
provisions of section 51, where any land is vested in the State Government under sub-
section (3) of section 41, the State Government may, by notice in writing, order any
person who may be in possession of the land to surrender or deliver possession thereof
to the State Government or any person duly authorised by it in this behalf within thirty
days of the date of service of the notice.
(2) If any person fails or refuses to comply with an order under sub-section (1) the State
Government may take possession of the land, and may, for that purpose use or cause
to be used such force as may be reasonably necessary.
(3) Where any land is taken possession of as aforesaid, the State Government shall
make that land available to the Authority for the purpose for which the land has been
acquired and for discharging its functions, performing its duties and exercising its
powers.
43. Right to receive amount for acquisition. - Every person having any interest in any
land acquired under this Chapter shall be entitled to receive from the State Government
an amount as provided hereafter in this Chapter.

Lands in Municipal Areas

44. Basis for determination of amount for acquisition of lands in municipal areas.
- (1) Where any land including any building thereon is acquired and vested in the State
Government under this Chapter and such land is situated in any area within the
jurisdiction of any Municipal Corporation or Municipal Council, the State Government
shall pay for such acquisition an amount which shall be determined in accordance with
the provisions of this Section.
(2) Where the amount has been determined with the concurrence of the Authority by
agreement between the State Government and the persons to whom it is payable, it
shall be determined and paid in accordance with such agreement.
(3) Where no such agreement can be reached, the amount payable in respect of any
land acquired shall be an amount equal to one hundred times the net average monthly
income actually derived from such rand, during the period of five consecutive years
immediately preceding the date of publication of the notification referred to in section 41
as may be determined by the Land Acquisition Officer.
(4) The net average monthly income referred to in sub-section (3) shall be calculated in
the manner and in accordance with the principles set out in the First Schedule.
(5) The Land Acquisition Officer shall, after holding an inquiry in the prescribed manner,
determine in accordance with the provisions of sub-section (4) the net average monthly
income actually derived from the land. The Land Acquisition Officer shall then publish a
notice in a conspicuous place on the land and serve it in the prescribed manner calling
upon the owner of the land and every person interested therein to intimate to him,
before a date specified in the notice, whether such owner or person agree to the net
average monthly income actually derived from the land as determined by the Land
Acquisition Officer. If such owner or person does not agree, he may intimate to the Land
Acquisition Officer before the specified date what amount he claims to be such net
average monthly income.
(6) Any person, who does not agree to the net average monthly income as determined
by the Land Acquisition Officer under sub-section (5) and the amount for acquisition to
be paid on that basis and claims a sum in excess of that amount may prefer an appeal
to the Tribunal, within thirty days from the date specified in the notice referred to in sub-
section (5).
(7) On appeal, the Tribunal shall, after hearing the appellant, determine the net average
monthly income and the amount to be paid on that basis and its determination shall be
final and shall not be questioned in any court.
45. Apportionment of amount for acquisition. - (1) Where the owner of the land and
the owner of the building thereon are different persons, or several persons claim to be
interested in the amount for acquisition determined under the last preceding section, the
Land Acquisition Officer shall determine the persons who in his opinion are entitled to
receive the same and the sum payable to each of them.
(2) If any dispute arises as to the appointment of the amount or any part thereof or as to
the persons to whom the same or any part thereof is payable, the Land Acquisition
Officer may refer the dispute to the decision of the Tribunal; and the Tribunal in deciding
any such dispute shall follow the provisions of Part III of the Land Acquisition Act, 1894.
46. Payment of amount for acquisition or deposit of same in court. - (1) After the
amount for acquisition has been determined, the Land Acquisition Officer shall, on
behalf of the State Government, tender payment of and pay the amount to the persons
entitled thereto.
(2) if the persons entitled to the amount do not consent to receive it, or if there be any
dispute as to the title to receive the same or as to the apportionment of it, the Land
Acquisition Officer shall deposit the amount in Greater Bombay, in the Bombay City Civil
Court, and in any other municipal area in the Court of the District Judge, and that Court
shall deal with the amount so deposited in the manner laid down in sections 32 and 33
of the Land Acquisition Act, 1894.
47. Power of Land Acquisition Officer in relation to determination of amount for
acquisition etc. - (1) The Land Acquisition Officer may, for the purpose of determining
the amount for acquisition or apportionment thereof, by order require any person to
furnish such relevant information in his possession as may be specified in the order.
(2) The Land Acquisition Officer shall, while holding an inquiry under subsection (5) of
section 44 of this Act have all the powers of a civil court while trying a suit under the
Code of Civil Procedure, 1908, in respect of the following matters,

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavit;

(d) requisitioning any public record from any court or office;

(e) issuing commissions for examination of witnesses.

48. Payment of interest. - When the amount for acquisition is not paid or deposited on
or before taking possession of the land, the Land Acquisition Officer on behalf of the
State Government shall pay the amount determined with interest thereon, from the date
of taking possession until the amount is paid or deposited, at the rate of 4 per cent per
annum for the first six months, and thereafter at the rate of 9 per cent per annum.
49. Appointment of Land Acquisition Officer. - The State Government may, by
Notification in the Official Gazette, appoint an officer who is holding or has held an
office, which in its opinion is not lower in rank than that a Deputy Collector or Assistant
Director of Town Planning to be a Land Acquisition Officer for the purposes of this Act,
and one or more such officers may be appointed as may be necessary.

Lands in Rural Areas

50. Basis for determination of amount for acquisition of lands in rural areas and
other procedure. - (1) Where any land (including any building thereon) is acquired and
vested in the State Government under this Chapter and such land is situated in any
area outside the Jurisdiction of any Municipal Corporation or Municipal Council (in this
Chapter referred to as "a rural area"), the State Government shall pay for such
acquisition an amount, which shall be determined in accordance with the provision of
this section.
(2) Where the amount has been determined, with the concurrence of the Authority, by
agreement between the State Government and the person to whom it is payable, it shall
be determined and paid in accordance with such agreement,
(3) Where no such agreement can be reached, the State Government shall refer the
case to the Collector, who shall determine the amount for acquisition in accordance with
the principles for determining compensation laid down in the Land Acquisition Act, 1894,
and the provisions of that Act (including provisions for reference to Court and appeal)
shall apply thereto mutatis mutandis as if the and has been acquired and compensation
had to be determined, apportioned and paid under the provisions of that Act, subject to
the modifications that reference in sections 23 and 24 of that Act, to the date of
publication, of the notification under section 4, sub-section (1) were references to the
date on which the notice under the proviso to sub-section (1) of section 41 of this Act is
published, and the reference to the time or date of the publication of the declaration
under section 6 of that Act were references to the date of publication of the notification
referred to in sub-section (3) of section 41 of this Act in the Official Gazette.
Explanation. - In this section, "Collector" means the Collector of a District and includes
any officer specially appointed by the State Government or by the Commissioner to
perform the functions of a Collector under the Land Acquisition Act, 1894.

Alternative Accommodation

51. Alternative accommodation to occupiers of residential premises where any

acquired building is to be demolished. - Whereas any building acquired under this
Chapter which is vested in the Authority is proposed to be demolished, it shall be the
duty of the Authority before evicting the occupiers, to allot such alternative
accommodation, at such place and of such nature and size, as the Authority may
determine, only to those persons who are occupiers of residential premises in the
building, either as owner or tenant, and who are actually residing in the building at the
time of their eviction. If any occupier fails to accept and occupy the alternative
accommodation allotted to him within 45 days from the date of allotment the
responsibility of the Authority to provide him with such accommodation shall cease. The
decision of the Authority as regards any matter contained in this section shall be final
and shall not be questioned in any court.
Explanation. - In this section "building" means house or a tenement or tenements let or
intended to he let or occupied separately, but does not include any building which is
unauthorised or which is a temporary building as defined in clause (SB) of section 3 of
[the Mumbai Municipal Corporation Act], with this modifications that the expression
"Commissioner" in that clause shall include an officer or authority which is competent to
allow a temporary building to be built within his or its jurisdiction.
52. Power to purchase or lease by agreement. - The Authority may also enter into an
agreement with any person for the acquisition from him by purchase, lease or
exchange, of any land which is needed for the purpose of any proposals, plan or project
of the Authority or any interest in such land or for compensating the owners of any such
right in property in respect of any deprivation thereof or interference therewith.

Betterment Charges
53. Betterment charges. - (1) Where for the purpose of any proposal, plan or project,
any land in the area comprised therein which is not required for the execution thereof
will in the opinion of the Authority, be increased in value, the Authority may for the
purposes of any such proposal, plan or project in lieu of providing for acquisition of such
land, declare that the betterment charges shall be payable by the owner of the land or
any person having an interest therein in respect of the increase in value of the land
resulting from the execution of such proposal, plan or project.
(2) Such increase in value shall be the amount by which the value of the land on the
completion of the execution of the proposal, plan or project estimated as if the land were
dear of the buildings exceeds the value of the land prior to the execution of the
proposal, plan or project estimated in like manner and the betterment charges shall be
one-half of such increase in value.
(3) No betterment charges shall be payable by the Government in respect of any land
which is the property of the Government or is managed by any Government or by any
Corporation (including a company or subsidiary company thereof) owned or controlled
by the State or by any local authority or any public institution in respect of any land
belonging to such authority or institution if and so as long as, such land is used for
public, charitable or religious purpose.
54. Notice to Person liable for betterment charges. - (1) The Authority shall give
notice to any person who is the owner of or has interest in the land in respect of which
the betterment charges are to be levied and shall give such persons an opportunity to
be heard.
(2) After hearing such person, or if such person fails to appear after the expiry of the
period within which such person is required to appear before the Authority, the Authority
shall proceed to assess the amount of betterment charges.
(3) Where the assessment of betterment charges proposed by the Authority is accepted
by the person concerned within the period prescribed, the assessment shall be final.
(4) If the persons concerned does not accept the assessment proposed by the
Authority, the matter shall be referred to the Tribunal.
(5) The Tribunal shall, after holding an inquiry and after hearing the person concerned,
assess the amount of the betterment charges payable by the person.
55. Agreement for payment of betterment charges. - (1) Any person liable to pay
betterment charges in respect of any land may at his option, instead of paying the same
to the Authority, execute an agreement with the Authority to leave the payment
outstanding as a charge on his interest in the land, subject to the payment in perpetuity
of interest at such rate as may be prescribed.
(2) Every payment due from any person in respect of betterment charges and every
charge referred to in sub-section (1) shall, notwithstanding anything contained in any
other enactment and notwithstanding the execution of any mortgage or charge, created
either before or after the commencement of this Act, be the first charge upon the
interest of such person in such land.
56. Recovery of betterment charges. - All sums payable in respect of any land by any
person in respect of betterment charges under section 53 or by any person under an
agreement under section 55 shall be recoverable on behalf of the Authority as an arrear
of land revenue on a certificate of an officer appointed by the State Government in this
behalf.
 Certain Provisions for Purposes of this Act

57. Transfer to Authority for purposes of this Act land vested in Municipal
Corporation, Municipal Council or Zilla Parishad. - (1) Whenever any street, square
or other land, or any part thereof, situated in any area within the limits of a Municipal
Corporation, Municipal Council or Zilla Parishad and vested in such Corporation,
Council or Parishad is required for any of the purposes of this Act, the Authority shall
give notice accordingly to the Corporation, Council or Zilla Parishad, as the case may
be.
(2) Where the Municipal Corporation, Municipal Council, Zilla Parishad concurs, such
street, square or other land, or part thereof shall vest in the Authority.
(3) Where there is any dispute, the matter shall be referred to the State Government.
The State Government shall, after considering any representation, or after hearing any
officer of the Municipal Corporation, Municipal Council or Zilla Parishad concerned
decide the matter. The decision of the State Government shall be final. If the State
Government decides that such street, square or lands or part thereof, shall vest in the
Authority, it shall rest accordingly.
(4) Nothing in this section shall affect the rights or powers of the Municipal Corporation,
Municipal Council or Zilla Parishad in or over any drain or water work in such street,
square or lands or the rights or powers of any authority in respect of any of its works or
installations duly laid in such street, square or land under any law for the time being in
force in the State.
58. Payment in respect of land vested in Authority. - (1) Where any land vests in the
Authority under section 57 and the Authority makes a declaration that such land shall be
retained by the Authority only until it revests in the Municipal Corporation, the Municipal
Council or the Zilla Parishad as part of a street or an open space under section 61, no
amount shall be payable by the Authority to the Municipal Corporation, the Municipal
Council or the Zilla Parishad, as the case may be in respect of that land.
(2) Where any land vests in the Authority under section 57 and no declaration is made
under sub-section (1) in respect of the land, the Authority shall pay to the Municipal
Corporation; the Municipal Council or the Zilla Parishad, as the case may be, an amount
equal to the value of such land.
(3) If, in any case where the Authority has made a declaration in respect of any land
under sub-section (1), the Authority retains or disposes of the land contrary to the terms
of the declaration so that the land does not revest in the Municipal Corporation, the
Municipal Council or Zilla Parishad, as the case may be, the Authority shall pay to the
Municipal Corporation, the Municipal Council or the Zilla Parishad an amount in respect
of such land in accordance with the provisions of sub-section (2).
59. Power of Authority to turn or close public street vested in it. - (1) The Authority
may turn, divert, discontinue the public use of, or permanently close, any public street
vested in it or any part thereof.
(2) Whenever the Authority discontinue the public use of or permanently closes any
public street vested in it or any part thereof, it shall, as far as practicable, provide some
other reasonable means of access to be substituted in lieu of the use, by those entitled,
of the street or part thereof, and pay a reasonable amount to every person who is
entitled, otherwise than as a mere member of the public to use such street or part as a
means of access and has suffered damage from such discontinuance or closing.
(3) In determining the amount payable to any person under sub-section (2) the Authority
shall make allowance for any benefit accruing to him from the construction, provision or
improvement of any other public street at or about the same time that the public street
or part thereof, on account of which the amount is paid, is discontinued or closed.
(4) When any public street vested in the Authority is permanently closed under sub-
section (1), the Authority may sell or lease so much of the same as is no longer
required...
60. Reference to Tribunal in case of dispute under section 58 or 59. - If there is any
dispute as to whether any amount is payable under section 58 or as to the quantum of
amount payable under section 58 or section 59, as the case may be, the matter shall be
referred to the Tribunal.
61. Vesting in Municipal Corporation, Municipal Council or Zilla Parishad of
streets laid out or altered an open space provided by Authority under any
proposal, plan or project under this Act. - (1) Whenever the State Government is
satisfied-

(a) that any street laid out or altered by the Authority has been duly levelled, paved,
metalled, flagged, channelled, severed, and drained as required for any proposals,
plans or projects included in the budget, and

(b) that such lamps, lamp-posts and other apparatus as the Municipal Corporation, the
Municipal Council or Zilla Parishad, as the case may be, considers necessary for the
lighting of such street and as ought to be provided by the Authority have been so
provided, and

(c) that water and other sanitary conveniences have been duly provided in such street,

the State Government may declare the street to be a public street, and the street shall
thereupon vest in the Municipal Corporation, Municipal Council or Zilla Parishad, as the
case may be, and shall hence forth be maintained, kept in repair, lighted and cleaned by
the Municipal Corporation, Municipal Council or Zilia Parishad.
(2) Where any open space for purposes of ventilation or recreation has been provided
by the Authority in executing any proposals, plan or project under this Act, the Authority
may at its option by resolution transfer such open space to the local authority concerned
on completion of the proposal, plan or project, and thereupon, such open space shall
vest in, and be maintained at the expense of the local authority:
Provided that, the local authority may require the Authority before any such open space
is so transferred to enclose, level, turf, drain and layout such space and provide
footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it.
(3) If any difference of opinion arises between the Authority and the Municipal
Corporation, Municipal Council or Zilla Parishad in respect of any matters referred to in
the foregoing provisions of this section, the matter shall be referred to the State
Government, whose decision shall be final.
62. Disputes regarding reconstitution of plots. - (1) Where under any proposal, plan
or project under this Act, any plots comprised in the area included therein are
reconstituted or any person is dispossessed, any person affected by such reconstitution
or dispossession may apply to the Authority for damages. The Authority may, after
making such inquiry as it thinks fit, decide whether the applicant is entitled to any
damages, and if so to what extent. If the person is dissatisfied with the decision of the
Authority in the matter, he may refer the matter to the Tribunal.
(2) The Tribunal shall, after making an inquiry, determine the amount of damages and
direct the Authority to pay the same to the person entitled thereto.
63. Authority to assume management of requisitioned lands. - The Authority shall,
subject to the general control of the State Government, assume management of all such
lands, requisitioned or deemed to be requisitioned or continued to be subject to
requisition, by or under the authority of the State Government under the Bombay Land
Requisition Act, 1948 or by or under any corresponding law for the time being in force,
as the State Government may direct.
64. Power to dispose of property. - Subject to any rules made by the State
Government under this Act, the Authority may retain, lease, sell, exchange, or otherwise
dispose of, any land, any building or other property vesting in it and situate in the area
comprised in any proposal, plan or project permitted under this Act, in such manner as it
thinks fit.

Chapter VI

Power to Evict Persons from Authority Premises and To Recover Dues

65. Appointment of Competent Authority. - The State Government may, by

notification in the Official Gazette, appoint an officer, who is holding or has held an
office which in its opinion is not lower in rank than that of Deputy Collector or Civil
Judge, to be the Competent Authority for performing the functions of such authority
under this Chapter in such areas, or in respect of such premises or class of premises in
any area, as may be specified in the notification; and more than one officer may be
appointed as Competent Authority in the same area in respect of different premises or
different classes of premises.
66. Power to evict certain persons from Authority premises. - (1) If the Competent
Authority is satisfied-

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

(i) not paid rent or compensation or amount lawfully due from him in respect of such
premises for a period of more than two months, or

(ii) sub-let, without the previous permission of the Authority, the whole or any part of
such premises, or

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

such premises, or
(iv) made, or is making, material addition to, or alteration in, such premises without the
previous permission of the Authority, or

(v) otherwise acted in contravention of any of the terms, express or implied, under which
he is authorised to occupy such premises, or

(vi) failed to vacate the premises required by the Authority for the purpose of
implementing any plan or project for the sale of tenements and to accept the alternative
accommodation offered by the Authority;

(b) that any person is an unauthorised occupation of any Authority premises, the
Competent Authority may, for reasons to be recorded in writing, by notice served (i) by
post, or (ii) affixing a copy of it on the outer door or some other conspicuous part of such
premises, or (iii) in such other manner as may be prescribed, other that person, as well
as any other person, who may be in occupation of the whole or any part of the
premises, to vacate the premises in unauthorised occupation, within 24 hours of the
date of service of notice, and in any other case within a period of seven days of the date
of such service.

(2) Before an order under sub-section (1) is made against any person, the Competent
Authority shall issue, in the manner hereinafter provided a notice in writing calling upon
all persons concerned to show cause within ten days why an order of eviction should
not be made.
The notice shall -

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

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

If such persons makes an application to the Competent Authority for the extension of
the period specified in the notice, such Authority may grant the same on deposit of one
hundred rupees and on such terms as to payment and recovery of the amount claimed
in the notice, as such Authority thinks fit.
Any written statement put in by any person and documents produced in pursuance of
the notice, shall be filed with the record of the case, and such person shall be entitled to
appear before the Competent Authority by advocate, attorney or other legal practitioner.
The notice to be served under this sub-section shall be served in the manner provided
for the service of a notice under sub-section (1); and thereupon, the notice shall be
deemed to have been duly given to all persons concerned.
(3) If any person refuses or fails to comply with an order made under subsection (1), the
Competent Authority may evict that person and any other persons who obstructs him
and takes possession of the premises, and may for that purpose use such force as may
be necessary.
(4) The Competent Authority may, after giving ten clear days notice to the person from
whom possession of the Authority premises has been taken under subsection (3), and
after publishing such notice in the prescribed manner, remove or cause to be removed
or disposed of by public auction, any property remaining on such premises. Such notice
shall be served in the manner provided for the service of a notice under sub-section (1).
(5) Where the property is sold under sub-section (4), the sale proceeds shall, after
deducting the expenses of sale, be paid to such person or persons as may appear to
the Competent Authority to be entitled to the same :
Provided that, where the Competent Authority is unable to decide as to the person or
persons to whom the balance of the amount is payable or as to the apportionment of the
same, he shall refer such dispute to a civil court of competent jurisdiction and the
decision of the court thereon shall be final.
(6) If a person, who has been ordered to vacate any premises under sub-clause (i) or
(v) of clause (a) of sub-section (1), within seven days of the date of service of the notice,
pays to the Authority the rents or compensation or amount in arrears or carries out or
otherwise complies with the term contravened by him to the satisfaction of the
Competent Authority, such Authority shall, on such terms, if any (including the payment
of any sum by way of damages or compensation for the contravention aforesaid), in lieu
of evicting such person under sub-section (3) cancel his order made under sub-section
(1) and thereupon, such person shall continue to hold the premises on the same terms
on which he held them immediately before such notice was served on him:
Provided that, if a person authorised to occupy the Authority premises fails to pay the
arrears of rent, compensation or amount for three times within a period of two
consecutive years, he shall be liable to be evicted under the provisions of this section.
Explanation I - For the purpose of this Chapter, the expression 'unauthorised
occupation' in relation to any person authorised to occupy any Authority premises
includes the continuance of occupation by him or by any person claiming through or
under him of the premises after the authority under which he was allowed to occupy the
premises has expired or has been duly determined.
Explanation II.- For the purpose of this Chapter, the term rent, compensation or amount
includes any payment to be made by a person in respect of any premises taken by him
from the Authority under hire-purchase agreement and also any penalty [imposed such
rate as may be prescribed] for the default in the payment of rent, compensation or
amount. The amount of such penalty shall not exceed 10 per cent, of such rent,
compensation or amount.
(7) Notwithstanding anything contained in this Chapter including this section, if any
person fails to vacate the premises required by the Board for the purpose of demolition
of building containing such premises which are unfit for human habitation then, the
Board may required the occupants thereof to vacate the premises within 24 hours of the
date of service of the notice; and at the same time allot them alternative accommodation
in any building of the Authority at such place as it thinks fit. The accommodation may
not be in the same locality or of the same floor area as the premises vacated by the
occupiers. If any occupier fails to accept and occupy the alternative accommodation
allotted to him within the time specified by the Board the responsibility of the Board to
provide him with any alternative accommodation shall cease. Such occupier shall,
however, have a right to re-occupy his premises in the building if a building is re-erected
on the land on which the demolished building stood.
(8) Where an occupier does not vacate his premises, the Board may take or cause to be
taken such steps and use or cause to be used such, force as may be reasonably
necessary for the purpose of getting the premises vacated.
(9) The decision of the Board under sub-sections (7) and (8) shall be final and
conclusive and shall not be called in question in any court nor any injunction against the
order of demolition or vacation of the premises shall be made by any court.
67. Power to recover rent, compensation, amount or damages as arrears of land
revenue. - (1) Subject to any rules made by the State Government in this behalf, but
without prejudice to the provisions of the last preceding section, where any person is in
arrears of rent, compensation or amount payable in respect of any Authority premises,
such officer as may be authorised by the Board may by notice served in the manner
provided for service of notice under sub-section (1) of section 66 order that person to
pay the same within such period, not less than ten days as may be specified in the
notice. If such person refuses to pay the arrear of rent, compensation or amount within
the time specified in the notice, such arrears may be recovered as arrears of land
revenue.
(2) Where any person is in unauthorised occupation of any Authority premises, the
Competent Authority may, in the manner and having regard to the principles of
assessment of damages provided for by the rules, assess, such damages on account of
the use and occupation of the premises as it may deem fit, and may by notice served in
the manner referred to in sub-section (1) order that person to pay the damages, within
such time as may be specified in the notice. If any person refuses or fails to pay the
damages within the time specified in the notice, the damages may be recovered from
him as arrears of land revenue.
(3) No order shall be made under sub-section (2) until after the issue of a notice in
writing to the person calling upon him to show cause, within fifteen days, why such
order should not be made, and until his objections, if any, and any evidence he may
produce in support of the same, have been considered by the Competent Authority.
68. Rent, compensation or amount to be recovered from deduction from salary or
wages in certain cases. - (1) Without prejudice to the provisions of section 66, any
person who has been allotted any Authority premises may execute an agreement in
favour of his employer providing that the employer shall be competent to deduct from
the salary or wages payable to such person such amount as may be specified in the
agreement and to pay the amount so deducted to the Authority in satisfaction of the rent
compensation or amount due by him in respect of the Authority premises allotted to him.
(2) On the execution of such agreement the employer shall, if so required by the
authority, by requisition in writing make the deduction of the amount specified in the
requisition from the salary or wages of the employee specified in the requisition in
accordance with the agreement, and pay the amount so deducted to the Authority as if it
were a part of the salary or wages payable by the employer as required under the
Payment of Wages Act, 1936 on the day on which the employer makes payment.
69. Competent Authority to have powers of civil courts. - The Competent Authority
shall, for the purpose of holding any inquiry under this Chapter, have the same powers
as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a
suit, in respect of the following matters, namely :-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed.

70. Appeals - (1) An appeal shall lie from every order of the Competent Authority made
in respect of any Authority premises under section 66 or section 67 to an appellate
officer whom the State Government may, by a notification in the Official Gazette,
appoint. The appellate officer shall be a person not below the rank of a Deputy
Secretary to Government having judicial experience or experience in the Legal
Department of the State or [a person who has for at least ten years held any judicial
office,] who shall be specified for the purpose by the State Government in such
notification.
(2) The State Government may appoint one or more appellate officers for the whole or
that part of the State in which this Act is in force, or for such are therein as may be
specified in the notification.
(3) The period within which an appeal under sub-section (1) may be preferred shall -

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

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

Provided that, the appellate officer may entertain the appeal after the expiry of the said
period of 30 days, if he is satisfied that the appellant was prevented by sufficient cause
from filing the appeal in time.
(4) Where an appeal is preferred from an order of the Competent Authority, the
appellate officer may stay the enforcement of that order on payment of deposit of two
hundred rupees for such period and on such conditions as he deems fit.
(5) Every appeal under this section shall be disposed of by the appellate officer as
expeditiously as possible.
(6) The appellate officer may make regulations for regulating the practice and
procedure, including the award of costs, the levy of any process fee, filing fee, or
copying or translation fees including provision for recovery thereof in the form of court-
fee stamps, the right of appearance before him, the place or places of his sitting, the
disposal of any proceedings before him notwithstanding that in the course thereof there
has been a change in the appellate officer and generally for the effective exercise of his
powers and discharge of his functions under this Act.
(7) The regulations made under this section shall be published in the Official Gazette.
71. Bar of jurisdiction of civil courts. - No civil court shall have jurisdiction to entertain
any suit or proceeding in respect of the eviction of any person from any Authority
premises under this Chapter, or the recovery of the arrears of rent, compensation,
amount or damages for use and occupation of such premises, or in respect of any order
made or to be made or any action taken or to be taken by the Competent Authority or
the appellate officer in the exercise of any power conferred by or under this Chapter, or
to grant any injunction in respect of such order or action.
72. Penalty for obstructing lawful exercise of powers under this Chapter. - Any
person, who obstructs the lawful exercise of any powers conferred by or under this
Chapter, shall, on conviction, be punished with fine which may extend to one thousand
rupees.

Chapter VII

Tribunal

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

Chapter VIII

Repairs and Reconstruction of Dilapidated Buildings

74. Board for purposes of this Chapter. - [The Mumbai Repairs and Reconstruction
Board] established under section 18 of this Act shall be the Board for the purposes of
carrying out the purposes of this Chapter.
75. Board to exercise power and perform duties subject to the superintendence,
direction and control of Authority. - The Board shall exercise its powers and perform
its duties and functions under this Chapter, subject to the superintendence, direction
and control of the Authority.
76. Duties relating to repairs and reconstruction of dilapidated buildings. - Subject
to the provisions of this Chapter, it shall be the duty of the Board-

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

(b) to provide temporary or alternative accommodation to the occupiers of any such

building, when repairs thereto are undertaken, or a building collapses;
(c) to undertake, from time to time, the work of ordinary and tenantable repairs in
respect of all premises placed at the disposal of the Board;

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

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

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

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

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

77. Special Powers of Board. - The Board, in the exercise of its powers, performance
of its duties and discharge of its functions under this Chapter may-

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

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

(b) cause any building proposed to be structurally repaired or reconstructed or

demolished to be vacated if so considered necessary, within a specified period, and
take or cause to be taken such steps and use or cause to be used such force as may be
reasonably necessary therefor.

Where any such building or part thereof is caused to be vacated, the Board shall allot to
the occupiers who are dishoused or required to vacate their premises temporary
accommodation in any building maintained by the Authority at such place and to such
extent as it deems fit; and the relevant provisions of this Chapter shall mutatis mutandis
apply to such occupiers.
78. Penalty for contravening section 77. - Any person who obstructs the entry of a
person authorised under section 77 to enter upon any building or land or in the
performance or execution by such person of his duty, or of any work which he is
authorised or required to do, or molests such person in any way after such entry, or fails
to vacate any building or to remove therefrom any belongings within the period specified
in that behalf shall, on conviction, be punished with imprisonment for a term which may
extend to three months, or with fine which may extend to five hundred rupees, or with
both.
79. Power of Board to undertake building repairs, building reconstruction and
occupiers housing and rehabilitation schemes. - (1) The Authority may, on such
terms and conditions as it may think fit to impose, entrust to the Board the framing and
execution of schemes for building repairs or for reconstruction of buildings or for
housing and rehabilitation of, dishoused occupiers, whether provided by this Act or not,
and the Board shall thereupon undertake the framing and execution of such schemes
as if it had been provided for by this Act.
(2) The Board may, on such terms and conditions as may be agreed upon and with the
previous approval of the Authority-

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

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

80. Where any building is repaired, old building material which is replaced to
become property of Authority in exchange for new material provided and
provision for compensation in suitable cases. - Notwithstanding anything contained
in any law for the time being in force, but subject to the provisions of sub-section (2),
where any structural repairs of a building or a part thereof are carried out by the Board
under the provisions of this Act the building material, debris and other things of the old
building (which are replaced by the Board by the like material or different material) shall,
on such replacement, be deemed to have become the property of the Authority in
exchange for the new material so provided by the Board; and it shall be lawful for the
Board to remove or cause to be removed such old building material, debris and other
things and to sell or otherwise dispose of that material, debris and things, in such
manner as it deems fit.
(2) As soon as possible after such repairs are carried out, the Board shall give notice to
the owner that the material, debris and things aforesaid have become the property of
the Authority and that if the owner claims that the value of the said material, debris and
things was more than the amount of the expenditure incurred by the Board on such
repairs, he may submit his claim for compensation, with the necessary particulars to the
Board, within thirty days from the date of receipt of such notice. Where any such claim
is made, the Board shall, after holding such enquiry as it deems fit and giving a
reasonable opportunity to the owner of being heard, decide the claims, and may either
reject the claim or accept it. Where the Board accepts the claim, the Board shall make
an order for payment to the owner as compensation an amount equal to the difference
between the value of the building material, debris and other things of the old buildings
as estimated by it and the amount of the expenditure incurred by the Board on the
structural repairs referred to in sub-section (1).
81. Use of property assigned or entrusted by Government, Municipal Corporation.
The State Government or the [Municipal Corporation of Greater Mumbai] (hereinafter
referred to as ["the Mumbai Corporation"] may assign or entrust to the Board on behalf
of the Authority any property, whether moveable or immoveable, for sue by the Board
for the purposes of this Chapter, on such terms and conditions as may be agreed upon
by the Authority. It shall be the duty of the Board to use such property for the purpose
for which it is assigned or entrusted.

[Mumbai Building Repairs and Reconstruction Cess]

82. Levy and collection of [Mumbai Building Repairs and Reconstruction Cess.] -
(1) For the purpose of this Chapter but subject to the provisions of section 83, there
shall be levied and paid to the State Government, from such date as may be appointed
by the State Government, by notification in the Official Gazette, a tax on lands and
buildings called the [Mumbai Building Repairs and Reconstruction Cess] (in this Chapter
referred to as "the cess"), at the rate of so many percentum of the rateable value of the
concerned building or land or part thereof as its provided therefor under the Second
Schedule to this Act.
[*********]
(2) Subject to the provisions of this Chapter, the cess shall be collected by the [Mumbai
Corporation] in the same manner in which the property tax is collected under the
[Mumbai Municipal Corporation Act] (hereinafter in this Chapter referred to as "the
Corporation Act").
(3) The Municipal Commissioner shall recover the amount of the cess levied under sub-
section (1) by an addition to the general tax levied and collected under the Corporation
Act. Every addition to the general tax made under this section shall be recovered by the
Municipal Commissioner form each person liable therefore in the same manner as the
general tax due from him. The. Municipal Commissioner may, in respect of the cess
due, prepare separate bill for such period or periods and in such form or forms and
serve them in such manner as he may determine. Where the cess is primarily leviable
from the owner, the instalment of the cess due for any half year shall be recoverable
from him in arrears with the instalment of the general tax due from the next half year,
and where such owner is not able to recover any amount of increase in the rent from
any occupier as permitted under sub-section (4) of this section, he shall, subject to the
provisions of sub-sections (5) and (6), be entitled to withhold payment of that amount till
it is recovered from the occupier. The provisions of sections 147 and 148 of the
Corporation Act, shall apply to the cess, as if it were part of the general tax levied under
that Act.
(4) Where an owner is required to pay to the [Mumbai Corporation] in respect of any
land or building the cess levied under this section, the share of the owner shall be 10
per cent. of the rateable value of the land or building, and he shall be entitled to recover
the remaining amount of the cess levied by making a proportionate increase in the rent
of the various premises in the building, in the same manner as if there was an increase
in the general tax; and such increase in rent shall not be deemed to be an increase for
the purposes of section 7 of the Rent Act, or for the purposes of the Corporation Act.
Where the rent of any premises in a building is payable by the month, if such rent or
increases are in arrears for a period of six months or more, the owner shall be entitled
to the recovery of possession of the premises under section 12 of the Rent Act.
(5) If the owner -

(a) fails to pay to the [Mumbai Corporation] his share of the cess; or

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

(c) does not within a reasonable time institute a suit, for recovery of possession of the
premises, or report to the Municipal Commissioner the name of the occupier, the
premises in his possession and the amount of the cess due from him, as and when any
occupier is in arrears for payment of the portion of the cess due from him for a period of
six months or more,

the Municipal Commissioner shall be entitled to recover from the owner the owner's or
occupier's share of the cess, or both, as the case may be, in the same manner in which
the arrears of property tax are recovered under the provision of the Corporation Act,
[and shall also be entitled to impose a penalty as provided in section 207A of the
Corporation Act, not exceeding fifteen per centum of the amount of cess due from the
owner or occupier,]
Explanation. - For the purposes of this sub-section "reasonable time" means a period of
three months from the date when any occupier is in arrears for a period of six months in
payment of the portion of the cess payable by him to the owner under sub-section (4).
(6) On receipt of a report from the owner under the last preceding sub-section or
otherwise, when any occupier is in arrear in payment of the portion of the cess due from
him, the Municipal Commissioner may recover from the occupier the due amount
(whether it has remained due for less than one year or more) as if it were an arrear of
tax due under the Corporation Act.
(7) Whether the Municipal Commissioner has under section 175 of the Corporation Act
refunded two-thirds of the amount of general tax paid in respect of any property or part
thereof for any period, the Municipal Commissioner shall, under intimation to the Board,
also refund two-thirds of the amount of cess if paid in respect of that property or part
thereof for the same period and if the cess is not paid reduce the demand for cess to
one-third of the amount of cess payable for that, period.
(8) Notwithstanding anything contained in any law and notwithstanding any rights
arising out of any contract or otherwise howsoever, any sum due as cess in respect of
any land or building shall, subject to prior payment of the land revenue and the
education cess and penalty levied under the Maharashtra Education and Employment
Guarantee (Cess) Act, 1962 (if any) thereon, due to the State Government, be a first
charge,-

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

(b) in the case of any other land or building, upon such land or building, and upon the
goods and other moveable property, if any found within or upon such land or building
and belonging to the person liable to pay the cess.

83. Exemption of certain buildings and lands from payment of cess. - (1) The
following lands and buildings shall be exempt from payment of the cess, that is to say,-

(a) lands and buildings vesting in, or leased to, the Central Government;

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

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

(d) lands and buildings vesting in, or leased to, the Authority;

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

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

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

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

(i) buildings exclusively in the occupation of the owner;

(j) buildings exclusively used for non-residential purposes;

(k) residential buildings exclusively occupied on leave and licence basis;

(l) buildings occupied or used partly for one and partly for any other purpose or
purposes specified in clause (i), (j) or (k) :

Provided that no part or parts, thereof is or are occupied or used for any purpose not
specified in any of the said clauses;

(m) all open lands which are not built upon;

(n) buildings erected or which may be erected in an area, after the date on which the
Bombay Building Repairs and Reconstruction Board Act, 1969, came into force in such
area;

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

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

Mumbai Corporation];

(2) [* * *]
Explanation. - In this section "building" means building as a whole and not any part
thereof or premises therein taken separately.
84. Assessment book maintained under Corporation Act to contain entries
showing categories to which buildings liable to cess belong and other
particulars. - (1) For the purpose of assessing the amount of cess leviable under this
Chapter, the Municipal Commissioner shall, in a Schedule appended to the assessment
book maintained by him under section 156 of the Corporation Act (which shall be
deemed to be a part of such assessment book) cause additional entries to be made
showing the Category to which every property on which the cess is leviable belongs and
such other particulars as he deems necessary.
Where a building is erected before the 1st day of September 1940, the building shall be
classified as belonging to Category A.
Where a building is erected between the period from the 1st day of September 1940 to
31st day of December 1950 (both inclusive), the building shall be classified as
belonging to Category B.
Where a building comprised in any property is erected between the period from the 1st
day of January, 1951, to the day immediately preceding the date on which the
provisions of the Bombay Building Repairs and Reconstruction Board Act, 1969 are
brought into force in the area in which the building is situated, the building shall be
classified as belonging to Category. C.
Where a floor or any part of a building is constructed subsequently, the date of
construction, area and other description of such floor or part shall be shown separately.
(2) Where additional entries regarding any land or building in existence in any area on
the date on which this Chapter comes into force are made for the first time, the
Municipal Commissioner shall give individual notice thereof to the person primarily liable
for the payment of the property taxes in the manner laid down in sections 483 to 485-A
(both inclusive) of the Corporation Act and also public notice thereof in the manner laid
down in section 160 of that Act and of the place where the word assessment book so
amended, or a copy of it, may be inspected. When the first public notice is given, and
whenever any such notice is given subsequently under the said section 160, the
provisions of sections 161, 162, 163, 164 and 165 as modified for the purpose of this
Chapter by sub-section (3) of this section, and of sections 166 and 167 of the
Corporation Act shall, so far as may be, apply to such additional entries as they apply to
the entry showing the amount of rateable value only other entries relating to any
property entered in the assessment book, of which notice is given by the Municipal
Commissioner.
(3) In applying the provisions of sub-section (1) of section 165 of the Corporation Act,
for the purposes of sub-section (2) of this section, for the words "the Commissioner" the
words and figures "the Commissioner in consultation with an Engineer of the
Corporation and an Engineer of the Authority established under the Maharashtra
Housing and Area Development Act, 1976", shall be deemed to be substituted.
[85.Mumbai Corporation to credit cess amount to Government. - Within a period of
fifteen days from the date of recovery of the cess, the amount so recovered shall, after
deducting therefrom the amount equal to five per cent of the amount of cess recovered
by it, be paid by the Mumbai Corporation to the State Government.]
86. Mumbai Building Repairs and Reconstruction Fund. - (1) The proceeds of the
cess collected and paid to the State Government by the Bombay Corporation in
pursuance of the provisions of the last preceding section shall first be credited to the
Consolidated Fund of the State; and, after deducting the rebate payable to the [Mumbai
Corporation] for the cost of collection, the remaining amount shall, under appropriation
duly made by law in this behalf, be transferred to the fund of the Authority. There shall,
however, be created a separate fund called [the Mumbai Building Repairs and
Reconstruction Fund] (in this Chapter referred to as "the Repairs Fund") and the
amount so transferred to the fund of the Authority shall be withdrawn therefrom and
transferred to such Repairs Fund.
(2) The amount transferred to the Repairs Fund under sub-section (1) shall be charged
on the Consolidated Fund of the State.
(3) The amount in the Repairs Fund shall be placed by the Authority at the disposal of
the Board for being expended for the purposes of this Chapter. The State Government
may make rules regulating all matters connected with the Repairs Fund, including the
manner in which that Fund shall be maintained, operated and expended.
87. Default of [Mumbai Corporation] in collecting or paying cess. - (1) If the
[Mumbai Corporation] makes default in the collection or payment to the State
Government of any sums due in respect of the cess, the State Government may, after
holding such inquiry as it thinks fit, fix a period of the collection or payment of such sum.
(2) If the collection or payment of the sum is not made within the period so fixed, the
State Government may, notwithstanding anything contained in any law relating to the
funds vesting in the [Mumbai Corporation] or any other law for the time being in force,
direct any bank in which any moneys of the [Mumbai Corporation] are deposited or the
person in charge of the Government Treasury or of any other place of security in which
the moneys of the [Mumbai Corporation] are deposited to pay such sum from such
moneys as may be standing to the credit of the [Mumbai Corporation] in such bank or,
as the case may be, in the hands of such person or as may from time to time be
received from or on behalf of the [Mumbai Corporation] by way of deposit by such bank
or person; and such bank or person shall be bound to obey such order.
(3) Every payment made pursuant to an order under sub-section (2) shall be a sufficient
discharge to such bank or person from all liability to the [Mumbai Corporation] in respect
of any sums so paid by it or him out of the moneys of the [Mumbai Corporation] so
deposited with such bank or person.

Structural Repairs

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

condition and likely to deteriorate and fall. - (1) Subject to the other provisions of this
Chapter, where the Board on consideration of the information given by the Municipal
Commissioner, or a report of its officer authorised for the purpose, or other information
in its possession, is satisfied that any building, which is occupied by persons, is in such
a ruinous or dangerous condition, that it is imminently likely to fall unless structural
repairs which will render it fit and safe for habitation, are urgently done, then in such
cases, the Board shall, subject to the provisions of sub-section (3), undertake such
repairs to that building.
(2) The Board may prepare a list of such buildings setting out the order of priority or
urgency in respect of which structural repairs are necessary, and may undertake
simultaneously or in such order of priority the structural repairs according to the
exigencies of the case and its resources.
[(3) If the Board is of opinion that-]
(a) the cost of structural repairs to [a building, per square metre, will exceed such
amount, as may be specified by the State Government, by notification in the Official
Gazette, to be the structural repairs cost per square metre], or

(b) the cost of structural repairs to [a building, per square metre, will exceed the amount
specified under clause (a)], but the size of the land on which such building is standing is
such that for some reason or the other it would not be possible or economical to erect
any new building thereon and there is an adjoining building but the cost of structural
repairs to [such building, per square metre, does not exceed the amount specified under
clause (a)].

then in cases falling under clause (a) or clause (b) the Board, notwithstanding anything
contained in this Chapter, may not consider such building or buildings for repairs and
may issue a certificate to that effect to the owner or owners thereof, as the case may
be, fix a copy of the relevant certificate in some conspicuous part of the building or
buildings for the information of the occupiers and proceed to take action as provided in
this Chapter:
Provided that, in cases of special hardship, the Board may, on such terms and
conditions as it may deem fit to impose, consider a building for structural repairs even if
the cost of such repairs is likely to exceed the limit aforesaid:
Provided further that, where in any case the occupiers of a building undertake that they
shall bear the cost of such repairs which. are in excess of [the amount specified under
clause (a)] and abide by such terms and conditions for payment of the excess cost to
the Board as it may think fit to impose, the Board may carry out structural repairs to
such building.
(4) The Municipal Commissioner shall, from time to time, send to the Board, full
particulars of the buildings which are in a ruinous or dangerous condition and the
condition of which is such that they are likely to fall if structural repairs are not urgently
undertaken or in respect of which he has served notice under section 354 of the
Corporation Act, but the same have not been complied with.
89. Procedure before undertaking structural repairs. - (1) Where the Board is
satisfied under section 88 that structural repairs are necessary to a building, the Board
shall give the owner thereof a notice of not less than fifteen days, informing that the
Board intends to carry out such repairs on and from a date specified in the notice, being
a date which shall be after the expiry of the period specified in the notice, and asking
him to submit objections or suggestions, if any, thereto before the time specified in the
notice.
(2) The notice shall also require the owner to furnish to the Board a statement in writing
signed by the owner stating therein the names of all occupiers of the building known to
him from his record, the approximate area and location of the premises in occupation of
each occupier and the rent, compensation or amount (including permitted increases, if
any), charged therefor.
(3) A copy of such notice shall also be affixed in conspicuous part of the building to
which it relates and also published by proclamation or near such building accompanied
by a beat of drum for the information of the occupiers thereof and for giving them an
opportunity to submit objections or suggestions, if any.
(4) On such affixation and publication of the notice, the owner, occupiers and all other
persons interested in such building shall be deemed to have been duly informed of the
matters and contents stated in the notice.
(5) After considering the objections and suggestions received within the time aforesaid,
the Board may decide to carry the repairs with or without modification or may postpone
the repairs for a certain period, or may cancel the intention to repair.
(6) Where the Board has reason to believe that the building is immediately dangerous
for habitation, the notice may be returnable within 24 hours from the service thereof.
(7) The Board may, before giving any such notice or before the period of any such
notice has expired, take such temporary measures as it thinks fit to prevent danger to,
or from, the said buildings.
(8) Any owner who refuses to furnish a statement as required by sub-section (1) or
intentionally furnishes a statement which is false in any material particular shall, on
conviction, be punished with fine which may extend to one thousand rupees.
90. Temporary accommodation pending structural repairs. - (1) Where the Board,
before undertaking structural repairs to any building is of the opinion that all or any of
the occupiers thereof should temporarily vacate their premises till the repairs are
completed, the Board shall give them notice to vacate by a date or dates specified in the
notice, and allot temporary accommodation to such occupiers in any buildings
maintained by the Authority for such purpose, at such places and to such extent as it
deems fit.
(2) Such temporary accommodation may not be in the same locality or of the same floor
area as the premises vacated by the occupiers.
(3) If any occupier fails to accept and occupy the accommodation allotted to him within
one month from the date of allotment, the responsibility of the Board to provide him with
any accommodation shall cease.
(4) Subject to the next succeeding sub-sections, such occupier shall, however, have a
right to reoccupy his premises in the building after it is repaired.
(5) The use and occupation of the temporary accommodation allotted to an occupier
shall be free of charge, but shall be subject to [the payment of such service charges]
and such other terms and conditions as the Board may from time to time determine.
(6) The occupier shall, on accepting the accommodation allotted to him, continue to pay
the owner the rent (including permitted increase, if any) in respect of the premises
vacated by the occupier.
(7) Where an occupier does not accept the accommodation allotted by the Board, such
occupier shall, nevertheless tie liable to continue pay to the owner the rent (including
permitted increase, if any), of the premises vacated by him, unless by giving proper
notice to the owner, he surrenders his tenancy or other right.
(8) The occupier, whether he accepts the accommodation or makes his own
arrangement, shall also be liable, until his tenancy continues, to pay to the owner his
proportionate contribution for the cess as if he had not temporarily vacated the premises
and shall be liable for all the consequences if he fails so to pay.
(9) Where an occupier does not vacate his premises, the Board may take or cause to be
taken such steps and use or cause to be used such force as may be reasonably
necessary for the purpose of getting the premises vacated.
(10) The Board may, after giving fifteen clear days' notice to the occupiers who were
required to vacate the premises under sub-section (9) and affixing a copy thereof on or
near the premises, in some conspicuous place, remove or cause to be removed or
dispose of by public auction any property remaining in such premises.
(11) Where the property is sold under sub-section (10), the sale proceeds shall, after
deducting the expenses of sale, be paid to such person or persons as may be entitled to
the same :
Provided that, where the Board is unable to decide as to the person or persons to whom
the balance of the amount is payable or as to the apportionment of the same, it shall
refer such dispute to a civil court of competent jurisdiction, and the decision of the court
shall be final.
(12) Where the work of carrying out structural repairs to any building is nearing
completion or is completed, the Board shall give notice to the occupiers concerned by
affixing it in some conspicuous part of the building and by sending it by post to the
address which may have been registered with the Board by any occupier and in such
other manner as may be laid down in the regulations, that the building is likely to be or
ready for re-occupation from a date specified in the notice and that the occupiers should
re-occupy their respective premises in such building within a period of one month from
such date.
(13) If an occupier fails to re-occupy his premises within such period of one month, his
tenancy or other right in respect of such premises shall, notwithstanding anything
contained in any contract or in the Rent Act or any other law for the time being in force,
be deemed to be terminated, and the owner shall be entitled to possession thereof.
(14) If such occupier has accepted any temporary accommodation allotted to him under
this section he shall vacate the same forthwith, and if he does not vacate forthwith or
within such time as the Board may permit in writing, he shall be liable to be evicted
therefrom under the provisions of Chapter VI of this Act as if such person was in an
unauthorised occupation of the Authority premises.
91. Repairs or reconstruction of buildings which suddenly collapse or become
uninhabitable. - (1) Where a building suddenly collapses or becomes uninhabitable
due to fire, torrential rain or tempest or otherwise and all or any of the occupiers thereof
are dishoused, the Board shall allot temporary accommodation to such occupiers in any
building maintained by the Authority for such purpose at such places and to such extent
as it deems fit, and the provisions of the last preceding section shall mutatis mutandis
apply as they apply in relation to occupiers of buildings which are undertaken to be
structurally repaired.
(2) In the case of any such building, if the Board is of the opinion that the building is
capable of being repaired and rendered fit for habitation at reasonable expense, the
Board shall immediately undertake the necessary repairs and the last preceding section
and other provisions of this Chapter shall apply mutatis mutandis to such repairs as they
apply to structural repairs.
(3) Where the whole building collapses or is rendered uninhabitable, or the Board is of
the opinion that the building is not capable of being repaired and rendered fit for
habitation at reasonable expense, the Board may move the State Government to
acquire the property under the provisions of this Chapter and take necessary further
action to construct a new building on the site to accommodate the dishoused occupiers
and to provide accommodation for other purposes specified in sub-section (2) of section
92.
(4) The provisions of succeeding section shall apply mutatis mutandis to the acquisition,
reconstruction and rehabilitation of occupiers of such buildings.
(5) Where the whole building collapses or is rendered uninhabitable, and is, therefore,
not capable of being repaired and rendered fit for habitation and the property is not
acquired under sub-section (3), then, no plan for erecting any new building on land on
which such building was standing shall be sanctioned by the [Mumbai Corporation]
unless a no objection certificate from the Board has been produced along with such
plan for erecting such building.
92. Submission of proposal for acquisition. - (1) If in respect of any building the
Board has issued a certificate under subsection (3) of section 88 or the Municipal
Commissioner has under section 354 of the Corporation Act, issued a written notice
requiring the owner or occupier thereof to pull down the building, with a view to
preventing all cause of danger therefrom, and the Board is of the opinion that such
building is not capable of being repaired or rendered fit for habitation at reasonable
expense and is dangerous or injurious to the health or safety of the inhabitants thereof
or, where the Bombay Corporation has under section 354R of the Corporation Act
passed a resolution declaring the area in which any such building is situated as the
clearance area, the Board may submit to the State Government a proposal to acquire
the land, including a proposal for issue of a clearance and compulsory acquisition order
to clear and acquire the land with the existing building in whatever condition thereon
and for constructing a new building on the same site, and simultaneously prepare plans
and estimates for these purposes.
(2) in preparing the plans and estimates of the building to be reconstructed, it shall be
the duty of the Board to see that all the occupiers in the building proposed to be
demolished shall, as far as practicable, be provided in the reconstructed building
accommodation with a floor area equivalent to their floor area in the old building [***]
[Provided that, in the case of an occupier of a residential tenement the floor area of the
accommodation in the reconstructed building, shall not be less than the 20.90 square
metres and more than the 70 square metres.]
(3) Those dishoused occupiers who cannot be so accommodated in the reconstructed
building shall be provided with alternative accommodation in any building maintained by
the Authority for such purpose or in any new building constructed by the Authority
wherein surplus accommodation is available.
(4) After making provision for the matters aforesaid, if there is any surplus area in the
new building, it may be utilised by the Board for such other purposes as it deems fit,
with a view to reducing the incidence of [instalments towards the price of the tenements]
on the occupiers of residential tenements by maximum exploitation of such surplus area
for other purposes.
(5) If in respect of any building, -

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

(b) the Municipal Commissioner issues under the said section 354 of the Corporation
Act a written notice within nine months from the date on which the provisions of this
Chapter are brought into force in the area in which such building is situated requiring the
owner of occupier thereof to pull down the building, with a view to preventing all cause
of danger therefrom, and such notice is not complied with (except for reasons beyond
his control) before the date specified in such notice, the Board may, notwithstanding
anything contained in sub-section (1), move the State Government to acquire the
property under this Chapter immediately and take necessary further steps for
demolishing the building, clearing the site and constructing a new building on the same
site. The provisions of this Chapter shall apply mutatis mutandis to the acquisition,
reconstruction and rehabilitation of occupiers of such building as they apply to any other
building except that the occupiers of such building shall as far as practicable, be
accommodated in the reconstructed building or any other building maintained by the
Authority, subject to such terms and conditions as the Board may, with the previous
sanction of the Authority, specify.

93. Clearance and compulsory acquisition. - (1) Notwithstanding anything contained

in the Corporation Act, if on receipt of an acquisition proposal under section 92, the
State Government is satisfied about the reasonableness of the proposal and of the
resources available with the Board for constructing a new budding, it may approve the
proposal and communicate its approval to the Board.
(2) On receipt of the Government approval, the Board shall forward the acquisition
proposal to the Land Acquisition Officer for initiating land acquisition proceedings.
(3) On receipt of the acquisition proposal from the Board, the Land Acquisition Officer
shall publish simultaneously in the Official Gazette, and in at least four newspapers
circulating within [Brihan Mumbai] a notice stating the fact of such proposal having been
made by the Board and approved by the Government and alternative accommodation
proposed to be provided to the occupiers affected by the proposal and the time before
which the building must be vacated.
(4) The Land Acquisition Officer shall serve the notice referred to in subsection (3) on
the occupiers and owner of the building and, so far as it is reasonably practicable to
ascertain such persons, on every mortgagee of the building, and call upon them to
submit objections and suggestions, if any, why the land should not be acquired, so as to
reach him on or before a date specified in the notice.
(5) On considering the objections and suggestions and on giving a reasonable
opportunity of being heard to the persons affected by the proposal, the Land Acquisition
Officer may sanction the proposals with or without any modification (the modifications
being approved by the Board) and shall publish a notification in the Official Gazette
fixing a date on which the proposal as approved shall become operative and the land
specified therein, shall, on and from the date of such publication, vest absolutely in the
Board on behalf of the Authority free from all encumbrances.
(6) The notification published under sub-section (5) shall be sufficient authority for the
Collector to give notice to the person in possession of the land to surrender or deliver
possession thereof within a specified period and on his refusal or failure to do so to take
possession of the land and for that purpose to use such force as may be necessary,
and to hand over possession thereof to the Board, and for the Board to take further
action to get the building vacated in accordance with the next succeeding sub-sections.
No person interested in the land shall have any right to object to taking such possession
or to vacating of the building merely on the ground that the amount of acquisition has
not been fixed or paid.
(7) After the proposal becomes operative, the occupiers of the building shall vacate their
promises within the time allowed for that purpose under the proposal.
(8) After expiry of the time referred to in sub-section (7), the Board shall, for the purpose
of vacating the building or such part thereof, as has remained occupied take or cause to
be taken such steps and use or cause to be used such force as may in the opinion of
the Board be reasonably necessary therefor.
(9) The Board may, after giving seven clear days' notice to the persons evicted under
sub-section (8), remove or cause to be removed or dispose of by public auction any
property remaining in such building.
(10) Where the property is sold under sub-section (9), the sale proceeds shall, after
deducting the expenses of sale be paid to such person or persons as may appear to the
Board to be entitled to the same:
Provided that, where the Board is unable to decide as to the person or persons to whom
the balance of the amount is payable or as to the apportionment of the same, it shall
refer such dispute to a civil court of competent jurisdiction, and the decision of the court
shall be final.
(11) After the building is completely vacated, the Board shall proceed to construct a new
building on the site according to the proposal.
94. Temporary and alternative accommodation to affected occupiers where
property is acquired. - (1) Where the Board requires the occupiers of any building to
vacate their premises to enable it to construct a new building on the land acquired under
this Chapter, the Board shall allot temporary accommodation to such occupiers in any
building maintained by it for such purpose, at such places and to such extent as it
deems fit. The accommodation may not be in the same locality or of the same floor area
as the premises vacated by the occupiers.
(2) If any occupier fails to accept and occupy the accommodation allotted to him within
one month from the date of allotment, the responsibility of the Board to provide him with
any temporary accommodation shall cease.
(3) Every occupier shall, with effect from the date on which the land vests in the
Authority, until he vacates the premises pay the rent of such premises to the Board at
the same rate at which he was paying it (including the permitted increases, if any) to the
owner.
(4) Where the temporary accommodation allotted to any occupier is accepted by him,
he shall pay to the Board on behalf of the Authority rent for such accommodation at
such rate as the Board may fix in this behalf.
[(5) Subject to the provisions of this section, every occupier whether or not he accepts
temporary accommodation, shall have a right to get such accommodation in the new
building free of cost. Occupiers of the new building shall be required to form a co-
operative housing society under the Maharashtra Co-operative Societies Act, 1960. The
ownership of the new building shall then be transferred by the Board in the name of
such co-operative housing society of the occupiers.
(6) If any occupier of a new building, after accepting and occupying the accommodation
allotted to him, fails to become a member of the co-operative housing society formed by
the occupiers of such building within a period of three months from the date of allotment
or the date specified by the Board, the right of such occupier to get such
accommodation shall stand forfeited and the occupier, who is occupying the new
accommodation, shall be liable for eviction and the responsibility of the Board to provide
him any accommodation shall cease.]
95. Temporary and alternative accommodation to certain affected occupiers
where property is not to be acquired. - If, for any reason in respect of any building the
Board decide not to move the State Government to acquire the property under sub-
section (3) of section 91 or under section 92 or the State Government decides not to
approve the proposal under subsection (1) of section 93 and all or any of the occupiers
of any such buildings are dishoused or required to vacate their premises, the Board
may, where possible, allot temporary and alternative accommodation to such occupiers
in any building maintained by Authority at such place and to such extent as it deems fit,
in accordance with the provisions of the last preceding section, so far as they may be
applicable
Provided that, in the case of temporary accommodation, such occupiers shall be
required to pay to the Board on behalf of the Authority rent [including service charges, if
any,] for such accommodation from the date the Board decides not to move the State
Government to acquire the property or the State Government decides not to approve
the proposal or from the date of occupation of the allotted accommodation, whichever is
later.
[95A. Summary eviction of occupiers in certain cases. - Where the owner of a
building or the members of the proposed co-operative housing society of the occupiers
of the said building, submits a proposal to the Board for reconstruction of the building,
after obtaining the written consent of not less than 70 per cent of the total occupiers of
that building and a No Objection Certificate for such reconstruction of the building is
issued by the Board to the owner or to the proposed co-operative housing society of the
occupiers, as the case may be, then it shall be binding on all the occupiers to vacate the
premises:
Provided that, it shall be incumbent upon the holder of such No Objection Certificate to
make available to all the occupants of such building alternate temporary
accommodation.
(2) On refusal by any of the occupant to vacate the premises as provided in sub-section
(1), on being approached by the holder of such No Objection Certificate for eviction of
such occupiers, it would be competent for the Board, notwithstanding anything
contained in Chapters VI and VII of this Act, to effect summary eviction of such
occupiers.
(3) Any person occupying any premises, land, building or structure of the Board
unauthorisely or without specific written permission of the Board in this behalf shall, not
withstanding anything contained in Chapters VI and VII of this Act, be liable for
summary eviction.
(4) Any person who refuses to vacate such premises or obstructs such eviction shall, on
conviction, be punishable with imprisonment for a term which may extend to one year or
with fine which may extend to five thousand rupees, or with both.]
96. Amount of acquisition. - On publication of the notification under sub-section (5) of
section 93, the Land Acquisition Officer shall determine the amount of acquisition in
accordance with the provisions of Chapter V.
[97.Contribution by State Government, Mumbai Corporation and Authority. - (1)
The State Government shall, under appropriation duly made by law in this behalf, pay
an annual contribution to the Authority equal to the amount of cess recovered during
that year, and the Mumbai Corporation shall pay the annual contribution of rupees ten
crores to the Authority.
(2) The Authority from its own funds shall pay an annual contribution of rupees ten
crores to the Board for the purpose of reconstruction of the buildings.]
98. Disposal of moneys received by the Board. - The moneys placed at the disposal
of the Board by the Authority under this Chapter shall be applied for the purposes of this
Chapter.
99. Assistance from [Mumbai Corporation] - (1) The [Mumbai Corporation] shall
render such help and assistance, and furnish such information to the Board as the
Board may from time to time, require for carrying out its duties and functions, and shall
make available to the Board for inspection and examinations such records, maps, plans,
and other documents as may be necessary for the performance and discharge of its
duties and functions.
(2) The [Mumbai Corporation] shall, on demand, make available copies of assessment
rolls and other relevant documents in connection with assessment of its taxes. Such
copies shall be duly certified by an officer of the [Mumbai Corporation] as may be
authorised in this behalf.
100. Relaxation or modification of certain provisions of Corporation Act or
Regional and Town Planning Act, in case of Board's reconstruction proposal. -
Notwithstanding anything contained in the provisions of the Corporation Act or the Town
Planning Act, or any rules, bye-laws, regulations, plans, scheme, notifications,
directions or orders made or issued or deemed to be made or issued under any of those
Acts, the State Government may, having regard to the necessity of providing alternative
accommodation to occupiers, who have been, or are likely to be, dishoused on account
of any reconstruction proposal or proposals undertaken by the Board under this
Chapter, after consultation with the [Mumbai Corporation,] by general or special order,
relax all or any of the provisions aforesaid in the case of any such proposal or class of
proposals, or may by like order direct that any such provisions shall apply to any such
proposal or class of proposals, subject to such modifications or conditions as it may
specify in the order.
101. Procedure for giving notice and obtaining permission for building to be
repaired or reconstructed by Board. - (1) If in respect of any building to be repaired or
reconstructed by the Board, any notice is required to be given or any application is to be
made and the approval, sanction, consent or permission otherwise of that Municipal
Commissioner or any other authority is required to be obtained under any of the
provisions mentioned in the last preceding section, the necessary permission shall be
deemed to have been obtained by the Board if the Board gives a reasonable notice of
the proposed work to the Municipal Commissioner or other authority concerned before
the work is commenced.
(2) Such notice shall be accompanied by plans and other relevant documents and
information.
(3) After receipt of such notice and after making such inquiry as may be deemed
necessary, the Municipal Commissioner or other authority may, within a period of thirty
days, submit to the State Government a statement in writing of any objections or
suggestions which he or it may deem fit to make with reference to the proposed work.
(4) Every objection or suggestion so submitted shall be considered by the State
Government, which shall, after such investigation (if any) as it shall think advisable pass
orders thereon, and the work shall be carried out in accordance with such orders,
102. Saving of powers of other authorities and persons to carry out repairs and
reimbursement of cost for structural repairs in certain cases. - (1) Nothing in this
Chapter shall affect the powers of the Municipal Commissioner or any other authority or
the rights or liabilities of any persons (including the owner or any occupier) to carry out
any repairs to any building, or to execute any works thereon or to take any other action
in respect of such building authorised under sections 257, 354, 377A, 381, 489 or 499
or any other provisions of the Corporation Act, or under section 10D or 10E or any other
provisions of the Rent Act, or under the provision of any other law for the time being in
force, in so far as the said repairs, works or action does not require any structural
repairs; and in so far as they do require structural repairs, until such repairs undertaken
by the Board:
Provided that, if any occupier of a building seeks the approval of the Municipal
Commissioner under section 499 of the Corporation Act, for carrying out structural
repairs in respect of any such building, such approval may be given by the Municipal
Commissioner only after consultation with the Board, but the occupier shall not be
entitled to recover from the owner under the said section 499 the expenses incurred by
him on any such structural repairs.
Provided further that, during the period this Chapter is in force, the provisions of
sections 10D and 10E of the Rent Act, shall not apply to any building, in so far as they
relate to buildings undertaken or proposal to be undertaken by the Board for structural
repairs.
(2) If while carrying out any repairs, or executing any works or taking any action referred
to in sub-section (1), it becomes necessary for the Municipal Commissioner or any other
authority or any person to carry out structural repairs also, and the Municipal
Commissioner or such authority or person desire that the cost of the structural repairs
should be paid by the Board, the Municipal Commissioner or such authority or person,
as the case may be, shall obtain the previous sanction of the Board for such repairs.
The Board may give such sanction on such terms and conditions as it may deem fit to
impose, having regard to the priority, if any, assigned to the building under subsection
(2) of section 88 and availability of resources; or may not agree to give such sanction.
(3) Where sanction is given under sub-section (2), it shall be lawful for the Board to pay
the cost of the structural repairs actually carried out in lumpsum or by instalments or
according to the progress of the work from time to time as it may deem fit.
(4) When the Board pays the cost of the structural repairs in full, or when a period of
three months elapses after the Board has paid not less than seventy-five per cent of
such cost, whichever is earlier, the building shall be deemed to be structurally repaired
by the Board under this Chapter.
103. Revival of owner's duty to carry out tenantable repairs. - On and after the
appointed day, the provisions of section 23 of the Rent Act shall cease to be
suspended, shall stand revived and shall be enforced and have full effect again.
Accordingly, notwithstanding anything contained in this Chapter, the owner of every
building shall be bound to keep the premises let to any occupier in good and tenantable
repair as required by section 23 of the Rent Act.

[CHAPTER VIII-A]

Acquisition of Cessed Properties for Co-operative Societies of Occupiers

103A. Application of Chapter VIII-A to certain buildings. - This Chapter shall come
into force on and from the commencement of the Maharashtra Housing and Area
Development (Second Amendment) Act, 1986, and shall apply to all the cessed
buildings which are erected before the 1st day of September 1940 and are classified as
belonging to Category A under sub-section (1) of section 84:
[Provided that, nothing in this Chapter shall apply to any cessed building belonging to
Category A if, on the date of commencement of the Maharashtra Housing and Area
Development (Second Amendment) Act, 1986, out of the total number of occupiers of
such building, fifty per cent, or more occupiers are using the tenements or premises in
their possession for commercial or non-residential purpose.]
Explanation. - For the purposes of this section, any such building where a floor or any
part of a building is constructed subsequently and such floor or part is not separable,
shall be deemed to be a building belonging to Category A.
103B. Acquisition of cessed property for co-operative societies of occupiers. - (1)
Notwithstanding anything contained in any of the provisions of Chapter VIII or any other
law for the time being in force or in any agreement, contracts judgement, decree or
order of any Court or Tribunal to the contrary, a co-operative society formed or
proposed to be formed under the provisions of the Maharashtra Ca-operative Societies
Act, 1960, by not less than seventy per cent of the occupiers in a cessed building may
by written application request the Board to move the State Government to acquire the
land together with the existing building thereon [or where the owner of the building does
not own the land underneath or appurtenant to such building but holds it as a lessee or
licensee, or where any person holds the building or the land underneath or appurtenant
to such building or both under a lease or licence, then to acquire the right or interest of
such owner or person in or over such building or land or both as lessee or licensee
together with the existing building thereon] (hereinafter in this Chapter referred to as
"the land") in the interest of its better preservation or for reconstruction of a new building
in lieu of the old one and intimate their willingness to pay the amount of such acquisition
as may be determined under the provisions of this Chapter and to carry out the
necessary structural and other repairs or, wherever necessary, to reconstruct a new
building, as the case may be, at their own cost.
[Explanation I. - In this section the expression "seventy per cent, of the occupiers"
means the seventy per cent of the occupiers on the date of commencement of the
Maharashtra Housing and Area Development (Second Amendment) Act, 1986, and
include their successors-in interest or new tenants inducted in place of such occupiers,
but does not include the owner or the occupiers inducted by virtue of creation of any
additional tenancies or licences by the owner after the date of commencement of the
aforesaid Act.
Explanation II.- For the purposes of this sub-section, any suit or proceeding for recovery
or possession of tenement or premises or part thereof, initiated against the occupier in
any court or before any authority whether, before or after making an application under
this sub-section, shall not affect the right of such occupier to join or to continue as a
member of the co-operative society of the occupiers of the building, but his membership
of such co-operative society shall be subject to the final decision in such suit or
proceeding :
Provided that, if, in the meantime before the final decision in such suit or proceeding,
the acquisition proceedings under this Chapter are completed and the land is conveyed
to the Co-operative society of the occupiers, under sub-section (7), the claim for
possession made in such suit or proceeding, at any stage where it is pending on the
date of execution of such conveyance, shall abate.]
(2) On receipt of the application made under sub-section (1), the Board shall after due
verification and scrutiny, approve the proposal if it considers that it is in the interest of
better preservation of the building or to be necessary for reconstruction of a new
building and shall direct the co-operative society, whether registered or proposed, to
deposit with the Board within the period specified by it in that behalf thirty per cent of the
approximate amount that would be required to be paid to the owner if the land is
acquired and give intimation in that behalf to the owner.
[(2A) Where after the date of application made under sub-section (1),-

(a) any owner has undertaken the work of any repairs to the building; or

(b) the percentage of the occupiers who had initially agreed to become members of the
co-operative society formed under sub-section (1) is reduced to less than seventy per
cent of the occupiers as a result of some members opting out, or due to the number of
additional tenancies or licences created in the building thereafter or due to any other
reason whatsoever,

then the power of Board to approve the proposal shall not be affected, and
notwithstanding anything contained in sub-section (1), the Board shall approve the
proposal and direct the co-operative society to deposit the approximate amount as
required under sub-section (2).]
(3) On receipt of the amount of deposit as provided in sub-section (2), the Board shall
submit to the State Government a proposal to acquire the land for the aforesaid
purpose.
(4) If on receipt of an acquisition proposal under sub-section (3), the State Government
is satisfied about the reasonableness of the proposal, it may approve the proposal and
communicate its approval to the Board.
(5) On receipt of the Government approval, the Board shall forward acquisition proposal
to Land Acquisition Officer for initiating and acquisition proceedings in accordance with
the provisions of sub-sections (3), (4) and (5) of section 93 and section 96 of this Act:
Provided that, where any proceedings for acquisition of land are so initiated the notice
to be published under sub-section (3) of section 93 in respect thereof reed not contain
any statement regarding provision of any alternative accommodation to occupiers in
such land
[Provided further that, where the proposal involves acquisition of the right or interest of
the lessee or licencee in or over the building or land as referred to in sub-section (1),
then such building or land on its transfer by the Authority to the co-operative society
under sub-section (7) shall be held by the co-operative society on lease or licence, as
the case may be, subject, however, to the following conditions, namely:-

(i) where there is a subsisting lease or licence, on the same terms and conditions on
which the lessee or licensee held it, and

(ii) where the lease or licence has been determined or where the lessee or licensee has
committed breach of the terms and conditions of the lease or licence, as the case may
be, on the fresh terms and conditions, particularly in regard to the period of lease or
licence and rent as may be stipulated by the owner of the land.]

[(5A) Where acquisition proceedings have been initiated as provided in subsection (5)
and a notification under sub-section (5) of section 93 is published, the Collector shall
take and hand over possession of the land to the Board in accordance with the
provisions of sub-section (6) of section 93,]
(6) After the land is vested absolutely in the Board on behalf of the Authority free from
all encumbrances and the amount to be paid to the owner is determined, the Board
shall require the society to get itself registered if it is not registered till then and to
deposit the remainder of the amount to be paid to the owner with the Land Acquisition
Officer. The Board shall simultaneously pass on the amount deposited by the co-
operative society with it to the Land Acquisition Officer. The Land Acquisition Officer
shall thereupon make the payment of the amount for acquisition or deposit the same in
the court as provided in section 46.
(7) Subject to the provisions of sub-section (6), the Authority shall convey the land
acquired under this section to the co-operative society of the occupiers thereof with its
right, title and interest therein and execute without undue delay the necessary
documents in that behalf.
103C. Prohibition on transfer of land or building by society. - (1) After the land is
transferred to the co-operative society under sub-section (7) of section 103B, the
society shall use the same for the purpose for which it was used before its acquisition
by carrying out structural repairs to building thereon or reconstruction of new building in
lieu of existing building, as the case may be, as provided in this Chapter and for no
other purpose.
(2) Save as otherwise expressly provided in this Chapter and notwithstanding anything
contained in any law for the time being in force, no co-operative society shall transfer
such land or building or interest therein, or no member or tenant of the co-operative
society shall transfer his interest in any tenement by sale, gift, exchange, leave and
licence, assignment or lease; and any such transfer by way of sale, gift, exchange,
leave and licence, assignment or lease by the co-operative society of any land vesting
in it by or under the provisions of this Chapter or transfer by the member or tenant of his
interest as aforesaid shall be void,
(3) If the co-operative society contravenes the provisions of sub-section (1) or enters
into any transaction which is void under sub-section (2), or if the society is not
functioning, it shall be lawful for the Authority to resume such land and building from
such society after making full payment to the society of the amount of the acquisition
which the society has paid for such land and building and upon such resumption to
transfer the same to any other co-operative society of the occupants of the tenements in
the transit camp provided by the Authority, on payment of the acquisition price which
was paid by the co-operative society for whom the land was acquired.
(4) (a) Any person who enters into any transaction which is void under subsection (2)
shall -

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

evicted;

(ii) if he is a tenant, then notwithstanding anything contained in the Rent Act, be evicted.

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

(5) The Competent Authority appointed under section 65 shall be the Competent
Authority for the purposes of eviction of persons referred to in sub-section (4) and shall
follow the same procedure as prescribed in section 66 for such eviction as if the
premises were Authority premises and thereupon the provisions of Chapter VI shall
mutatis mutandis apply in respect of orders passed by the Competent Authority as they
apply to the orders passed under Chapter VI.
103D. Relaxation in requirement of minimum number of membership of co-
operative societies under this Chapter. - Notwithstanding anything contained in the
Maharashtra Co-operative Societies Act, 1960, the requirement of minimum number of
members specified therein for formation of a co-operative society shall not apply to a
co-operative society of occupiers formed under this Chapter.
103E. Non-member occupiers entitled to continue in tenements of co-operative
society. - (1) The occupiers of tenements in the building acquired for the co-operative
society who do not become the members of the co-operative society shall, subject to
the provisions of the first proviso, be entitled to continue in their tenements as tenants of
the co-operative society after the building has been conveyed to the co-operative
society on the same terms and conditions on which they were occupying them from the
owner of the building :
Provided that, notwithstanding anything contained in the Rent Act, or any other law for
the time being in force or any agreement, contract, judgement, decree or order of any
Court or Tribunal to the contrary the co-operative societies shall be entitled to recover,
in addition to rent, from such occupiers and such occupiers shall be liable to share and
pay proportionately towards any expenditure that may be incurred by the society on
structural repairs of the buildings or towards the service charges and additional
amenities or facilities provided in the building :
Provided further that, if the owner himself is one of the occupiers in the building and he
does not become the member of the co-operative society, he may, subject to the
provisions of the first proviso and sub-sections (2) to (7), continue to occupy the
premises occupied by him on payment of standard rent, if any fixed, or where no
standard rent is fixed on such other rent and on Such other terms and conditions as
may be mutually agreed between the owner and the co-operative society.
(2) Where in a co-operative society the owner referred to in the second proviso to sub-
section (1) becomes a tenant and he considers that the rent demanded by the co-
operative society is excessive, such owner may apply to the Court of Small Causes,
Bombay for fixing the standard rent of his tenement, but such owner shall, not
withstanding anything contained in the Rent Act, or any other law for the time being in
force, continue to pay to the society, the rent demanded by it and failure of such owner
to pay to the society such rent, the Court shall not proceed to fix the standard rent under
this sub-section until such owner pays to the society such rent.
Explanation. - For the purposes of this sub-section, the expression "standard rent"
includes the increase in rent permitted under the provisions of the Rent Act.
(3) Where the Court has fixed the standard rent under sub-section (2) and it finds that
the rent demanded by the co-operative society from such owner is unreasonably
excessive the Court may order payment of simple interest at the rate of six per cent. per
annum on the amount of difference between the standard rent and the rent demanded
and received by the co-operative society from such owner.
Explanation. - For the purposes of this sub-section where a difference between the
standard rent and the rent demanded by the co-operative society is more than twenty-
five per cent the rent demanded by the co-operative society shall be deemed to be
unreasonably excessive.
(4) Any amount in excess of the standard rent fixed by the Court under sub-section (2)
or standard rent referred to in sub-section (6), received by the cooperative society shall,
at the option of such owner, be adjusted towards the payment of future rent by such
owner or refunded to him,
(5) An application under sub-section (2) may be made jointly by all or any of the owners
interested in respect of the tenements situated in the same building.
(6) No Court shall upon an application or in any suit or proceeding fix the standard rent
of any tenement under sub-section (2) or entertain any plea that the rent is excessive, if
the standard rent in respect of the same tenement has been duly fixed by a competent
court on the merits of the case, without any fraud or collusion of an error of the fact, and
there has been no structural alteration or change in the amenities or in respect of any
other factors which are relevant to the fixation of the standard rent.
(7) The decision of the Court under sub-section (2) or (3) shall be final and conclusive
and shall not be called in question in any court.
103F. Application of Rent Act to buildings of co-operative society. - Save as
otherwise expressly provided in this Chapter and notwithstanding anything contained in
section 5 of this Act, the provisions of the Rent Act shall apply to the premises in the
land and buildings owned by the co-operative societies formed and registered in
pursuance of the provisions of this Chapter.
103G. Certain occupiers to be accommodated in transit camps. - The occupiers of
any building who have not joined the co-operative society may, if they so desire but
subject to the availability of tenements with the Board, be accommodated by the Board
in tenements in transit camps constructed by the Board on economic rent and on such
other terms and conditions as may be determined by the Board.
103H. Application of provisions of section 100. - The provisions of section 100
regarding relaxation or modifications of the provisions of the laws referred to therein
shall apply mutatis mutandis to the reconstruction proposal or proposals undertaken by
co-operative societies under this Chapter and the State Government may, by general or
special order, relax or modify the provisions of such laws in respect of such co-operative
societies or society :
Provided that, in no case where such relaxation or modification is made, the floor space
index shall exceed two or the consumed floor 'space index, whichever is higher.
103I. Reconstruction of new building by co-operative society. - (1) In preparing the
plans and estimates of the building to be reconstructed it shall be the duty of the co-
operative society to see that all the occupiers in the building proposed to be demolished
who have joined the co-operative society shall, as far as practicable, be provided in the
reconstructed building accommodation with a floor area equivalent to their floor area in
the old building, but in no case exceeding seventy square metres of plinth area to any
occupier.
(2) Where the co-operative society proposes to carry out structural repairs to the
building and the building or any part thereof is required to be vacated, or to reconstruct
a building and the building is required to be demolished, the occupiers thereof, on being
called upon by a notice in writing by the co-operative society, shall vacate the
tenements in their occupation within the period specified in such notice, and upon failure
of the occupiers to so vacate the tenement, the co-operative society may request the
Board to take or cause to be taken necessary steps to evict such occupiers from the
buildings and on receipt of such request the Board may take or cause to be taken
necessary steps to get the building or part thereof, as the case may be, vacated and the
Board shall exercise in this behalf the powers under clause (a) of section 77 and where
an occupier to whom the Board has served a notice to vacate the premises in his
occupation fails to vacate the same within the period specified in such notice, the Board
may use or caused to be used such force as may reasonably, be necessary therefor.
(3) The co-operative society shall, notwithstanding anything contained in any other law,
reserve and allot, in the new building such percentage as is specified in the Third
Schedule to this Act of the surplus area in the new building determined on the basis of
the difference between the floor, space index availed of by it while reconstructing the
building and the floor space index that had been utilised in the construction of the old
building, for housing such dishoused occupier from other cessed demolished buildings
as may be nominated by the Board and upon such nominations, the nominated
occupiers shall be accepted by the co-operative society as its members in accordance
with its bye-laws, and shall not dispose of tenements covered by such reserved surplus
area to others. If any tenements are rendered surplus because of any of the occupiers
in the old building not joining the co-operative society the percentage as is specified in
the Third Schedule to this Act of the surplus area to be made available to the Board in
the new building for allotment to other dishoused occupiers shall be determined on the
basis of the difference between the total floor area constructed in the new building and
the area to be occupied therein by the participating occupiers in the old building. Such
surplus tenement to be allotted to dishoused occupiers from the other cessed buildings
which are demolished and who are nominated by the Board shall be allotted to them by
the co-operative society after receiving from them such amount as may be determined
by the State Government.
(4) The co-operative society may allocate the area for officers, shops, commercial
tenements, or any other non-residential use in the new building only to the extent of the
area occupied in the old building for the said purposes.
(5) The list of occupiers in the old building as also the area of the tenement therein shall
be certified by the Board after such consultation with the co-operative society and the
occupiers of the tenements concerned, as may be necessary. The area of the tenement
shall be determined having regard to the provisions of the Development Control Rules
applicable in the area and after taking into account any specific area or part thereof as
might be permitted by Government for the purpose. The Board shall inform the
occupiers about the area so determined.
(6) If there is a dispute as to who is the lawful occupier of the tenements in the old
building, the parties shall be directed to get the disputes determined by the competent
court of law. Allotment of a transit accommodation to a person actually in occupation of
such tenement or in a tenement in a new building shall not be deemed to have decided
the issue and, such allotment shall be without prejudice to the respective rights of the
dispute parties.
(7) Any occupier aggrieved by the determination of the area of a tenement may, within
thirty days from the date of receipt of the communication in that behalf, prefer an appeal
to an officer specified by the Authority for the purpose. The decision of such appellate
officer shall be final and conclusive and shall not be called in question in any Court.
103J. Protections to occupiers or allottees. - If the co-operative society
unauthorisedly allots to any person any tenement which is to be allotted under the
foregoing provisions to a dishoused person from the building reconstructed or to a
dishoused person from the other cessed demolished buildings by nomination by the
Board, such unauthorised allotment shall, notwithstanding anything contained in any law
for the time being in force, be treated as invalid for all purposes and the Authority shall
be competent to evict such unauthorised allottee by taking action under section 66 of
this Act as if the premises so allotted were Authority premises and allot such premises
to the person to whom they should have been allotted.
103K. Board for purposes of this Chapter - (1) [The Mumbai Repairs and
Reconstruction Board] established under section 18 of this Act shall be the Board for
the purposes of carrying out the purposes of this Chapter.
(2) Subject to the superintendence, direction and control of the Authority, the Board
shall exercise such of the powers and perform such of the duties and functions
conferred on it under Chapter VIII as may be necessary for the performance of its duties
and functions under this Chapter.
103L. Overriding effect of Chapter VIII-A. - The provisions of this Chapter shall have
effect notwithstanding anything inconsistent therewith contained in any other provisions
of this Act, or any other law for the time being in force or in any agreement, contract,
judgement, decree or order of any Court or Tribunal.
103M. Power to remove difficulties. - If any difficulty arises in giving effect to the
provisions of this Chapter, during the period of two years from the date of
commencement of the Maharashtra Housing and Area Development (Second
Amendment) Act, 1986, the State Government may, as occasion arises, by order do
anything not inconsistent with such provisions, which appears to it to be necessary or
expedient for the purposes of removing the difficulty.

Chapter IX

Environmental Improvement of Slums

104. [Board for purposes of this Chapter and its duties.] - [(1) Each of the Boards
excluding [the Mumbai Housing and Area Development Board,] mentioned in clause (a)
and (b), and [the Mumbai Slum Improvement Board] mentioned in clause (c), of sub-
section (1) of section 18, shall be the Board for the purposes of this Chapter within the
area of its jurisdiction.]
[(2)] Subject to the superintendence, direction and control of the Authority, it shall be the
duty of a Board,-

(a) to undertake and carry out such improvement works as it considers necessary, in
any slum improvement area;

(b) to undertake, from time to time, the works of maintenance and repairs in respect of
any improvement works in any such area;

(c) to collect, from time to time, service charges recoverable by and due to it in any slum
improvement area;

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

improvement area;

(e) to do all other things, with the prior approval of the Authority, to facilitate exercising
of its powers and performance of its duties under this Chapter.

105. Power of Board to entrust improvement works. - In any slum improvement

area, the Board may, on such terms and conditions as may be mutually agreed upon,
entrust to the Municipal Corporation, the Municipal Council or to any other agency
recognised by it for the purpose,-

(a) the execution, under its own supervision, of any improvement works;

(b) the maintenance or repairs of any improvement works under its control;

(c) the work of collection of service charges recoverable by and due to it.
106. Use of property assigned or entrusted by Government, [Mumbai
Corporation,] etc. - The State Government, the Municipal Corporation or the Municipal
Council may assign or entrust to the Board, any property, whether moveable or
immoveable for use by the Board, for such purposes of this Chapter on such terms and
conditions as may be agreed upon by the Board. It shall be the duty of the Board to use
such property for the purpose for which it is assigned or entrusted.
107. Transfer of improvement works to Board. - (1) Any Municipal Corporation or
Municipal Council may transfer to the Board on behalf of the Authority any improvement
works completed by it in any slum improvement area for the purpose of maintenance, or
for any other purpose of this Chapter on such terms and conditions, as may be mutually
agreed upon, and it shall be the duty of the Board to carry out the purpose for which
such works are transferred.
(2) On such transfer of the improvement works, all records relating to such works shall
be transferred to the Board.
108. Declaration of slum improvement area and execution of slum improvement
works. - (1) Where a Board upon report of any of its officers or other information in its
possession is satisfied that any area is or may be a source of danger to the health,
safety or convenience of the public of the area or of its neighbourhood, by reason of
such area having inadequate or no basic amenities, or being insanitary, squalid,
overcrowded or otherwise, and where the Board decides to carry out any improvement
works in such area, it shall cause such area to be defined in a map, and then it shall by
an order published in the Official Gazette, declare such area to be a slum improvement
area and its intention to carry out such improvement works as in its opinion are
necessary and are specified in such order. A copy of such declaration shall be
displayed in conspicuous places in such area, and shall also be served upon the owner,
occupier and mortgagee, if any, of the property or any part thereof.
(2) Any person aggrieved by a declaration made under sub-section (1) may, within thirty
days of the date of such declaration in the Official Gazette, appeal to the Tribunal.
(3) On an appeal, the Tribunal may make an order either confirming, modifying, or
rescinding the declaration; and the decision of the Tribunal shall be final.
109. Improvement works. - For the purpose of this Chapter, the improvement works
may consist of all or any of the following, namely :-

(a) laying of water-mains, sewers and storm-water drains;

(b) provision of urinals, latrines, community baths, and water-taps;

(c) widening, re-aligning or paving of existing roads, lanes and pathways and
constructing new roads, lanes and pathways;

(d) providing street lighting;

(e) cutting, filling, levelling and landscaping the area;

(f) partial development of the area with a view to providing land for unremunerative
purposes, such as parks, playgrounds, welfare and community centres, schools,
dispensaries, hospitals, police stations, fire stations and other amenities provided or
conducted on a non-profit basis;

(g) demolition of obstructive or dilapidated buildings or portions of buildings;

(h) any other matter for which in the opinion of the Board, it is expedient to make
provision for preventing the area from being or becoming a source of danger to safety or
health or a nuisance.

110. Association of members of local bodies with improvement works. - A Board

may associate with it, members of the local bodies, if any, for the purpose of preparation
of plans and supervision and execution of any improvement works in their respective
areas.
111. Power of -Board to require the occupiers to vacate premises. - (1) Where a
Board undertakes the improvement works in slum improvement area and is of the
opinion that any of the occupiers thereof should vacate their premises, it shall give them
notice to vacate by a date, or dates specified in the notice. It may as far as practicable
offer such occupiers alternative sites in any other suitable area to locate these
premises. If any occupier fails to vacate and to shift his premises to the alternative site
offered to him within the specified period, the responsibility of the Board to provide him
alternative site shall cease.
(2) Where any occupier does not vacate his premises, the Board may take or cause to
be taken such steps and use or cause to be used such force as may be reasonably
necessary for the purpose of getting the premises vacated.
(3) The Board may, after giving fifteen clear days' notice to the persons removed under
sub-section (2) and affixing a copy thereof in some conspicuous place in the area,
remove or cause to be removed or dispose of by public auction any property remaining
on the premises vacated under that sub-section.
(4) Where the property is sold under sub-section (3), the sale proceeds shall after
deducting the expenses of sale be paid to such person or persons as may be entitled to
the same :
Provided that, where the Board is unable to decide as to the person or persons to whom
the balance of the amount is payable or as to apportionment of the same, it shall refer
such dispute to a civil court of competent jurisdiction, and the decision of the court shall
be final.
112. Restriction on buildings in slum improvement area. - (1) A Board may by a
notice affixed or exhibited in a conspicuous place in a slum improvement area direct
that no person shall erect any building in a slum improvement area or carry out any
additions or alterations thereto except with its previous permission in writing.
(2) Every person desiring to obtain permission referred to in sub-section (1) shall make
an application in writing to the Board furnishing such information as may be required by
it.

(a) On receipt of such application and after making such inquiry as it considers
necessary, the Board may by order in writing -
(b) either grant the permission subject to such terms and conditions, if any, as may be
specified in the order, or

refused to grant such permission

Provided that, before granting the permission subject to terms and conditions or before
making an order refusing such permission, the applicant shall be given a reasonable
opportunity to show cause why such terms and conditions should not be imposed, or
the permission should not be refused.
113. Orders of demolition of buildings in certain cases. - (1) Where the erection or
alteration of any building or any addition thereto has commenced, or is being carried
out, or has been completed, in contravention of the provisions of section 112, a Board
may, notwithstanding the provision contained in any other law, direct by an order that
such erection, alteration or addition shall be demolished by the owner or the person who
has erected the budding or carried out the addition or alteration, within such time as
may be specified in that order. On the failure of the owner or such person to comply with
the order, the building so erected or the addition or alteration so carried out shall be
liable to summary demolition by an order of the Board, and the expenses of such
demolition shall be recoverable from the owner or such person as arrears of land
revenue
Provided that, no such order shall be made, unless the owner or person concerned has
been given a reasonable opportunity of being heard.
(2) Any property ordered be demolished under sub-section (1) shall be disposed of as
the Board may direct, and the cost of removal of the property under this section shall
also be recoverable as arrears of land revenue.
(3) For the purpose of causing any building to be demolished under sub-section (1), the
Board may use or cause to be used such force as may be reasonably necessary.

Recovery of Dues of the Authority

114. Recovery of service charges. - (1) Where improvement works have been
executed in any slum improvement area, any expenses incurred by a Board on behalf of
the Authority or, by any other authority at the instance of the Board, in connection with
the maintenance of such improvement works or the enjoyment of amenities and
conveniences rendered possible by such works, shall be recoverable by the Board as
service charges from the occupiers of the slum improvement area.
(2) The amount of expenses incurred on the maintenance of works or amenities shall be
determined by the Board in respect of slum improvement area separately and shall be
recovered as service charges from the occupier of each building in the area,
115. Recovery of dues. - (1) Where any person is in arrears of service charges, as
determined by a Board in pursuance of section 114, the Board may, by notice served, (i)
by post or (ii) by affixing a copy of it on the outer door or some other conspicuous part,
of the premises, or (iii) in any other manner that the Board may deem proper order that
person to pay the same within such time not less than fifteen days as, may be specified
in the notice.
(2) Where any person causes any damage to the property of the Authority or the
improvement works provided by the Authority, the Board shall assess the amount of
such damages and shall, after serving notice on the person in the manner provided in
sub-section (1), order that person to pay the amount of such damages within such time
as may be specified in the notice.
(3) If any person fails to comply with an order made under sub-section (1) or (2), the
amount due from him to the Authority shall be recoverable as arrears of land revenue.
116. Appeal. - Any person aggrieved by an order of a Board under sub-section (1) or
(2) of section 115 may, within thirty days of the date of the order, prefer appeal to the
Tribunal and the decision of the Tribunal on appeal shall be-final.

Slum Improvement Fund

117. Separate Slum Improvements Fund. - (1) Where improvement works have been
executed in any slum improvement area, the service charges recovered from the
occupiers under section 114 shall be credited to the fund of the Authority. There shall,
however, be created a separate fund called the Maharashtra Slum Improvement Fund
(in this Chapter referred to as the Fund') and the amount so credited to the Fund of the
Authority shall be transferred to the Fund so created.
(2) The amount in the Fund shall be expended for the purposes of this Chapter. The
State Government may make rules regulating all matters connected with the Fund,
including the matter in which the Fund shall be maintained, operated and expended.
118. Contribution by State Government and local authority to Fund. - (1) The State
Government may pay an annual contribution to the Authority of such amount as may be
determined by the State Government.
(2) The State Government may, after consultation with the local authority concerned,
direct such local authority to make an annual contribution to the Authority for the
purposes of this Chapter.
(3) The moneys placed at the disposal of the Authority under the provisions of this
Chapter shall form part of the Fund and shall be applied for the purposes of this
Chapter.
119. Action taken under Maharashtra XXIII of 1973 deemed to be taken under this
Act. - Any action taken by the Maharashtra Slum Improvement Board under the
Maharashtra Slum Improvement Board Act, 1973, shall be deemed to be action taken
by the board constituted under this Act.

Establishment of Panchayats in Slum Improvement Area

120. Establishment of Panchayat. - The Board may, with the approval of the Authority
establish, by notification in the Official Gazette, Panchayat for any slum improvement
area.
121. Incorporation of Panchayat. - Every such Panchayat shall be a body corporate
by the name of "The .............. (Slum Improvement Area) Panchayat," as may be given
by the Board, having perpetual succession and common seal, with power to acquire,
hold and dispose of property, both moveable and immoveable, and to contract, and may
be the said name sue or be sued.
122. Contribution of Panchayat. - (1) Every Panchayat shall have a Sarpanch, a Upa-
Sarpanch and other members, not being less than 3 and more than 13, as the Board
may with the approval of the Authority determined.
(2) The members of a Panchayat including the Sarpanch and Upa-Sarpanch shall be
nominated by the Board from amongst the residents of the slum improvement area. The
names of the members so nominated shall be published by the Board in the Official
Gazette; and on the publication of the names of members in the Official Gazette, the
Panchayat shall be deemed to be duly constituted.
123. Disqualifications. - A person shall be disqualified for being nominated or for
continuing as a member of the Panchayat, if he has become subject to any of the
disqualifications specified in section 11.
124. Term of office of members and their conditions of service. - (1) The members
of a Panchayat shall, save as otherwise provided in this Chapter, hold office for a term
of three years.
(2) The Board may by order in writing and for reasons recorded therein extend the said
term for a period not exceeding five years in the aggregate.
(3) The remuneration and other conditions of service of the members of the Panchayat
including Sarpanch and Upa-Sarpanch shall be such as the State Government may, by
order, determine.
(4) The remuneration and allowance to the members of the Panchayat shall be paid
from the Panchayat Fund.
(5) Notwithstanding anything contained in this Chapter; if a member of the State
Legislature is appointed as a member of the Panchayat including the Sarpanch and
Upa-Sarpanch thereof, he shall not be entitled to receive any remuneration other than
travelling allowance, daily allowance or other allowance which is paid to a member of
the Panchayat for the purpose of meeting the personal expenditure incurred in attending
the meeting of Panchayat or in performing any other functions as such member.
125. Commencement of term of office. - The term of office of the members of a
Panchayat shall be deemed to commence from the date of the Gazette in which their
names are published under section 122.
126. Resignation of office by members. - Any member of the Panchayat may resign
his office by writing under his hand addressed to the Sarpanch. The Upa-Sarpanch may
resign his office of Upa-Sarpanch or of member also by like writing addressed to the
Sarpanch. The Sarpanch may resign his office of Sarpanch or of member also by like
writing addressed to the Chairman. The notice of every such resignation shall be
delivered in the prescribed, manner, and the office concerned shall thereupon become
vacant.
127. Motion of no-confidence. - (1) A motion of no-confidence may be moved by any
member of a Panchayat against the Sarpanch or the Upa-Sarpanch, after giving such
notice thereof as may be prescribed.
(2) If the motion is carried by a majority of not less than two-third of the total number of
the then member of the Panchayat, the Sarpanch or the Upa-Sarpanch, as the case
may be, shall cease to hold office, after a period of three days from the date on which
the motion was carried, unless he has resigned earlier, and thereupon the office held,
by such Sarpanch or Upa-Sarpanch, shall be deemed to be vacant.
(3) Notwithstanding anything contained in this Chapter or the rules and regulations
made thereunder, a Sarpanch or an Upa-Sarpanch shall not preside over a meeting in
which a motion of no-confidence is discussed against him; but he shall have a right to
speak or otherwise to take part in the proceedings of such a meeting (including the right
to vote).
(4) In cases the offices of both the Sarpanch and Upa-Sarpanch become vacant
simultaneously, the Board may appoint an officer, pending the nomination of another
Sarpanch and Upa-Sarpanch, to exercise all the powers and perform all the functions
and duties of the Sarpanch, but such officer shall not have the right to vote in any
meeting of the Panchayat.
128. Meeting of Panchayat and procedure to be followed. - The Panchayat shall
meet at such intervals and follow such procedure for its meetings as may be prescribed.
129. Powers of Sarpanch and Upa-Sarpanch. - The Sarpanch and the Upa-Sarpanch
shall exercise such powers and perform such functions as may be prescribed.
130. Removal from office. - (1) The Board may with the approval of the Authority
remove from office any member including the Sarpanch or Upa-Sarpanch, who has
been guilty of misconduct or neglect of, or incapacity to perform his duty, or is
persistently remiss in the discharge thereof:
Provided that, no such person shall be removed from office, unless the Chairman or any
other officer of the Board authorised by him in this behalf holds an enquiry after giving
due notice to the Panchayat and the person concerned; and the person concerned has
been given a reasonable opportunity of being heard and thereafter, the Chairman or the
said officer, as the case may be, submits his report to the Board.
(2) Where a person is removed from office of the Sarpanch, Upa-Sarpanch or member,
he shall not be eligible for renomination as Sarpanch, Upa-Sarpanch or member, during
the remainder of the term of the office of members of the Panchayat.
131. Filling-up of vacancies. - If any vacancy occurs due to the disablement, death,
resignation, disqualification, absence without leave or removal or otherwise of a
Sarpanch or Upa-Sarpanch or other member, it shall be filled by nomination of another
Sarpanch or Upa-Sarpanch or member, who shall hold office so long only as the
Sarpanch or Upa-Sarpanch or member in whose place he has been nominated, would
have held office if the vacancy had not occurred .
132. Vacancy not to affect proceedings of Panchayat. - (1) During any vacancy in
the Panchayat, the continuing members may act as if no vacancy had occurred.
(2) The Panchayat shall have power to act notwithstanding any vacancy in the
membership or any defect in the constitution thereof; and such proceedings of the
Panchayat shall be valid notwithstanding that it is discovered subsequently that some
person who was not entitled to do so at or voted or otherwise took part in the
proceedings.
(3) No act or proceedings of a Panchayat shall be deemed to be invalid on account of
any defect or irregularity in any such act or proceedings not affecting the merits of the
case or on account of any irregularity in the service of notice upon any member or for
mere informality.
133. Dissolution or supersession of Panchayat for default. - (1) If, in the opinion of
the Board Panchayat exceeds or abuses its powers or is incompetent to perform, or
makes persistent default in the performance of the duties imposed on it or functions
entrusted to it, by or under this Chapter or fails to obey an order made by the Board, the
Board, may, with the approval of the Authority, after giving the Panchayat an opportunity
of rendering an explanation, by order in the Official Gazette-

(i) dissolve such Panchayat, or

(ii) supersede such Panchayat for the period specified in the order.

(2) When a Panchayat is so dissolved or superseded, the following consequences shall

ensue, that is to say :-

(a)all members of the Panchayat shall, in the case of dissolution, as from the date
specified in the order of dissolution, and in the case of supersession, as from the date of
the order of supersession, vacate their office as such member;

(b) all powers and duties of the Panchayat shall, during the period of dissolution or
supersession, be exercised and performed by such person or persons as the Board
may, from time to time, appoint in that behalf;

(c) all property vested in the Panchayat shall, during the period of dissolution or
supersession, vest in the Board.

Functions of the Panchayat, Finance and Control

134. Duties of Panchayat. - Where the Board entrusts all or any of its powers or duties
under clauses (b), (c), (d) and (e) of section 104 to a Panchayat, the Panchayat shall,
subject to the superintendence, direction and control of the Board,-

(a) undertake the works of maintenance and repairs in respect of any improvement
works executed by the Board and handed over to the Panchayat for maintenance;

(b) collect service charges in connection with the maintenance of improvement works
handed over by the Board to the Panchayat;

(c) recover compensation from the occupiers of Government lands falling within the
jurisdiction of the Panchayat;

(d) report to the Board forthwith any damage done to the improvement works; and

(e) do all other things which the Board may from time to time require it to do. The rate of
service to be recovered under clause (b) of this section shall be determined by the
Board, and the rate of compensation to be recovered under clause (c) of this section
shall be determined by the State Government.

135. Certain services to be provided by local authority and Panchayat to be

responsible for collection and payment of taxes, fees and charges. - (1)
Notwithstanding anything contained in any law governing the local authority concerned,
a Municipal Corporation, a Municipal Council or any other local authority having
jurisdiction in any slum improvement area, shall provide water supply and drainage and
scavenging, cleansing, lighting and other services, in the said area, as it provides in
other areas within its jurisdiction, and also such additional services, as the Board may in
respect of any slum improvement area specify in this behalf.
(2) Where there is a Panchayat, the Panchayat shall be responsible to the local
authority to collect from the occupiers and other persons liable therefor the taxes, fees
and charges due for the services so provided, and to arrange to pay the amount due
from time to time to the local authority concerned.
136. Use of property assigned or entrusted by Board. - (1) The Board may assign or
entrust to the Panchayat any property, whether moveable or immoveable, for use by the
Panchayat, for the purposes of this Chapter on such terms and conditions as may be
specified by the Board on behalf of the Authority. It shall be the duty of the Panchayat to
use such property for the purpose for which it is assigned or entrusted.
(2) With the approval of the Board, a Panchayat, may utilise any open space in the slum
improvement area for common purposes such as those specified in clause (f) of section
109.
137. Violation of direction under section 112(1). - The Panchayat shall ensure that
the no new building is erected within its jurisdiction in contravention of any direction
issued by the Board under sub-section (1) of section 112. If any new building is so
erected, the Panchayat shall immediately make a report to the Board.
138. Assistance to Board for carrying out demolition. - The Panchayat shall assist
the Board in carrying out demolition of any building under section 113.
139. Contracts. - (1) For the purposes of this Chapter, the Sarpanch shall be
competent to make and execute on behalf of the Panchayat, any contract with any
person :
Provided that, no contract shall be made unless specifically authorised by the
Panchayat by passing resolution to that effect, and no contract involving an expenditure
exceeding Rs. 1,000 shall be made without the previous sanction of the Chairman.
(2) Every contract shall be entered into in such manner and form as may be prescribed.
140. Recovery of compensation, service charges etc. - (1) When any compensation,
service charges, tax, fee on other sum has become due, which a Panchayat is
authorised to collect under this Chapter, the Panchayat shall, with the least practicable
delay, cause to be presented to the person liable for the payment thereof a bill for the
amount due from him, specifying the details of the claims and the date on or before
which the amount shall be paid.
(2) If any person fails to pay the amount due on or before the specified date, the
Panchayat shall cause a writ of demand in the prescribed form to be served on the
defaulter.
(3) The presentation of every bill under sub-section (1) and the service of every writ of
demand under sub-section (2) shall be effected by an officer or servant of a Panchayat
in this behalf -

(a) by giving or tendering the bill or writ to the person to whom it is addressed; or
(b) if such person is not found, by leaving the bill or writ at his last known place of
abode, if within the limits of the Panchayat by giving or tendering the bill or writ to some
adult male member or servant of his family; or

(c) if such person does not reside within the limits of the Panchayat, and his address
elsewhere is known to the Sarpanch or other person directing the issue of the bill or
writ, then by forwarding the bill or writ to such person by registered post, under cover
bearing the said address; or

(d) if none of the means aforesaid be available, then by causing the bill or writ to be
affixed on some conspicuous part of the building or land, if any, to which the bill or writ
relates in the presence of at least two Panchas.

(4) If the amount for which a writ of demand has been served is not paid within thirty
days from the date of such service, the Panchayat may recover such sum by distraint
and sale of the moveable property of the defaulter in the prescribed manner.
(5) If a Panchayat is unable to recover the amount due as aforesaid, it may furnish to
the Board a statement of the arrears due with a request for the recovery of the same,
and the Board shall proceed against the person to recover the same as if they are
arrears of land revenue.
(6) For any amount recovered by the Panchayat under this section, a written receipt
shall be given to the person concerned in such form and in such manner as may be
prescribed.
141. Panchayat Fund. - (1) For every Panchayat there shall be a fund, which shall be
called the Panchayat fund.

(a) The following shall be paid or deposited into the Panchayat Fund, namely :-

(b) the proceeds of service charges collected under clause (b) of section 134;

(c) the proceeds of compensation collected under clause (c) of section 134;

(d) the proceeds of any taxes, fees or charges due to a local authority collected under
section 135;

(d) all sums received from the Board on behalf of the Authority;

(e) all sums received by the Panchayat from other sources by way of grant, gift and
contribution or otherwise.

142. Application of Panchayat Fund. - All sums received by a Panchayat in

accordance with the provisions of this Chapter shall be applied subject to the provisions
and for the purposes of this Chapter and all such sums and the Panchayat Fund shall
be kept in such custody as may be prescribed.
143. Appointment of servants. - (1) A Panchayat may, with the approval of the Board,
appoint such servant as may be necessary for the proper discharge of its duties under
this Chapter and pay their salaries and allowances from the Panchayat Fund. The
Panchayat may, from time to time by written order, fine, suspend, remove or dismiss
any servant appointed by it :
Provided that, no such order shall be passed by the Panchayat unless the servant is
given a reasonable opportunity of being heard.
(2) An appeal shall lie against any such order passed by the Panchayat to the Chairman
or any officer of the Board authorised by him in this behalf, within one month from the
date of communication of the order to the servant, and the decision of the Chairman or
the said officer, as the case may be, shall be final:
Provided that, no such appeal shah be decided unless the servant is given at
reasonable opportunity of being heard.
144. Budget and accounts. - (1) A Panchayat shall submit annually to the Board on or
before such date and in such form as may be prescribed a statement of -

(a) the opening balance in the Panchayat fund and the estimated receipts by the
Panchayat for the following year;

(b) the expenditure proposed on establishment and discharge of its duties.

(2) The Board shall within two months from the date of receipt of such statement either
approve the same or direct that the proposed expenditure on any of the duties be
increased or decreased:
Provided that, if the Board fails either to approve -such statement or to direct that the
expenditure on any of the duties be increased or decreased, within two months from the
date of receipt of such statement, the statement shall be deemed to have been duly
approved by the Board.
(3) The Sarpanch shall keep or cause to be kept the accounts of the Panchayat in such
form as may be prescribed. He shall prepare an annual report of the administration of
the Panchayat and shall place the accounts and the report for approval before the
Panchayat. The annual statement of such accounts together with the annual report as
approved shall be sent to the Board on or before such date and in such form as may be
prescribed.
145. Power to call for proceedings, etc. - The Board shall have power -

(a) to call for any proceedings of a Panchayat or an extract therefrom, any book or
document in the possession or under the control of a Panchayat, and any return,
statement, account or report which the Board thinks fit to require such Panchayat to
furnish; and

(b) to require a Panchayat to take into consideration-

(i) any objection which appears to the Board to exist to the doing of anything which is
about to be done, or is being done, by such Panchayat; or

(ii) any information which the Board is able to furnish and which appears to the Board to
necessitate the doing of a certain thing by the Panchayat, and to submit a written reply
to the Board within a reasonable time stating its reasons for not desisting from doing or
for not doing such things.

146. Power of Chairman or any officer to inspect office of Panchayat. - The

Chairman or any other officer authorised by him in writing in this behalf may at all
reasonable times enter the office of any Panchayat and inspect any records, register or
other document kept therein; and the Panchayat shall comply with the inspection notes,
if any, made by the Chairman or, as the case may be, such officer.
147. Power of authorised officer or person to inspect and give technical guidance.
- If for the purpose of efficient and economical maintenance of any works undertaken by
a Panchayat, an officer or person authorised by general or special order of the Board
considers it necessary for that purpose to give technical guidance or assistance to the
Panchayat, then the officer or person so authorised may periodically inspect such works
and may give such guidance, assistance or advice as he thinks necessary in relation to
such works; and shall forward to the Sarpanch through the Chairman, a report on the
inspection made, pointing out therein any irregularities noticed, and his suggestions for
improvement.
148. Audit of accounts of Panchayat. - (1) The audit of the accounts of a Panchayat
shall be carried out by the State Government in such manner as it deems fit and a copy
of the audit note shall be forwarded to the Board and the Panchayat, within two months
of the completion of the audit.
(2) On receipt of the audit note referred to in sub-section (1), the Panchayat, shall either
remedy and defects or irregularities, which may have been pointed out in the audit note
and send to the Board within two months an intimation of its having done so, or shall,
within the said period, supply to the Board any further explanation in regard to such
defects or irregularities as it may wish to give.
(3) On receipt of such intimation or explanation, the Board may, in respect of all or any
of the matters discussed in the audit note,-

(a) accept the intimation or explanation given by the Panchayat and recommend to the
Authority to drop the objection;

(b) suggest that the matter be reinvestigated at the next audit or at any earlier date, or

(c) hold that the defects or irregularities pointed out in the audit note or any of them
have not been removed or remedied.

(4) The Board shall send a report of its decision to the Authority with one month of the
date of receipt by it of the intimation or explanation referred to in subsection (2), or in
the event of the Panchayat failing to give such intimation or explanation on the expiry of
the period of two months referred to in the said subsection (2), and shall forward a copy
of such report to the auditor, and the Panchayat. If the Board holds that any defects or
irregularities have not been removed or remedied, the Board shall state in the report
whether in its opinion the defects or irregularities can be regularised, and if so, by what
method, and if they do not admit of being regularised, whether they can be condoned,
and if so, by what authority. The Board shay also state whether the amounts to which
the defects or irregularities relate should in its opinion be surcharged or charged as
hereinafter provided.
(5) The Authority may, after considering the report of the Board and after making such
further enquiry as it considers necessary, disallow any time which appears to it to be
contrary to law and surcharge the same on the person making or authorising the making
of thy, illegal payment, and may charge against any person responsible therefor the
amount or any deficiency or loss caused by the gross negligence or misconduct of that
person, or, any sum received, which ought to have been, but is not, brought into
accounts, by that person, and-

(a) if the person on whom the surcharge or charge is made be a member, direct the
Board to proceed against him in the manner provided in subsections (2) and (3) of
section 151; and

(b) if the person on whom the surcharge or charge is made is not a member, then after
taking his explanation direct by order in writing that such person shall pay to the
Panchayat the amount surcharged or charged, and if the amount is not so paid within
one month, the State Government may recover as arrears of land revenue and credit it
to the Panchayat fund.

(6) Any person aggrieved by an order of surcharge or charge made under this section
may, within one month from the receipt by him of the decision of the State Government,
apply in Greater Bombay to the City Civil Court, and elsewhere, to the District Court to
modify or set aside such order; and the Court after taking such evidence as it thinks
necessary, may confirm, modify or remit such surcharge or charge and make such
order as to costs as it thinks proper in the circumstances. The order made by the Court
shall be final,
149. Execution of works in case of emergency. - (1) In cases of emergency, the
Board may provide for the execution of any work or the doing of any act which a
Panchayat is empowered to execute or do, and the immediate execution or doing
whereof is, in its opinion, necessary for the health or safety of the public, and may direct
that the expense of executing the work or doing the act shall be forthwith paid by the
Panchayat:
Provided that, the Board may direct the Panchayat to pay the amount of actual
expenses or an amount not exceeding 10 per cent of the annual income of the
Panchayat for the year immediately preceding, whichever is less.
(2) If the expenses are not so paid, the Board may, by order, direct the person in whose
custody the Panchayat fund is kept to pay such expense or so much thereof as is
possible, from the balance of such fund in his hands, and such person shall comply with
such directions. Any payment made pursuant to such order shall be a sufficient
discharge to such person from all liability to the Panchayat in respect of the sum so
paid.
150. Panchayat to conform to instructions given by Board. - A Panchayat shall
conform to any instructions that may, from time to time, be given by the Authority or
Board, in the execution by the Panchayat of its duties and functions under this Chapter.
151. Liability of members for loss, waste or misapplication. - (1) Every member of a
Panchayat shall be personally liable for the loss, waste or misapplication of any money
or other property of the Panchayat to which he has been party or which has been
caused or facilitated by his misconduct, gross neglect of his duty as a member.
(2) If after giving the member concerned a reasonable opportunity for showing cause to
the contrary, the Board is satisfied that the loss, waste or misapplication of any money
or other property of the Panchayat is a direct consequence of misconduct or gross
neglect on his part, the Board shall by order in writing direct such member to pay to the
Panchayat before a fixed date, the amount required to reimburse it for such loss, waste
or misapplication.
(3) If the amount is not so paid, it shall be recoverable as arrears of land revenue on a
certificate of an officer appointed by the State Government in this behalf and when
recovered, the Board shall credit it to the Panchayat fund.
(4) Any person aggrieved by the decision of the Board under this section may apply to
the Court as provided in sub-section (6) of section 148, within the like time for redress of
his grievance and that Court may pass any order thereon which it can pass under that
section.
152. Entry for purposes of this Chapter. - It shall be lawful for any person authorised
by a Panchayat in this behalf to enter into or upon any building or land in a slum
improvement area for the purposes of exercising any powers conferred or duties
imposed on the Panchayat, and to execute necessary works authorised by or under this
Chapter.

Other powers of the Authority under this Chapter

153. Powers of inspection - The Authority may, by general or special order, authorise
any person,-

(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on any
building or land in a slum improvement area and in his discretion, to cause the ground
to be opened for the purpose of preventing or removing any nuisance arising from the
drain, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be;

(b) to examine works under construction in a slum improvement area, to take levels or
to remove, test, examine, replace or read any metre.

After such inspection and taking necessary action for preventing or removing the
nuisance, if any, the ground and other works which are opened shall be filled in,
reinstated or made good, as the case may be.
154. Power to enter land adjoining land where work is in progress. - (1) Any person
authorised by a Board in this behalf may, with or without assistants or workmen, enter
on any land within one hundred metres of any work authorised by or under this Chapter
for the purpose of depositing thereon any soil, gravel, stone or other materials, or for
obtaining access to such work or for any other purposes connected with the carrying on
of the same.
(2) The person so authorised shall, before entering on any land under subsection (1)
state the purpose thereof, and shall, if so required by the occupier or owner, fence off so
much of the land as may be required for such purpose.
(3) The person so authorised shall, in exercising any power conferred by this section, do
as little damage as may be and compensation shall be payable by the Board on behalf
of the Authority to the owner or occupier of such land or to both for any such damage,
whether permanent or temporary.
155. Power to enter any place. - It shall be lawful for any person authorised in writing
by a Board in this behalf to make an entry into any place, to open or cause to be
opened gate or any door, other barrier-

(a) if he considers the opening thereof necessary for the purpose of such entry; and

(b) if the owner or occupier is absent, or being present, refuses to open such door, gate
or barrier.

156. Occupier's or owner's consent ordinarily to be obtained. - Save as provided in

this Chapter, no building or land shall be entered without the consent of the occupier or,
if there be no occupier, of the owner thereof, and no such entry shall be made without
giving such occupier or owner, as the case may be, not less than twenty-four hours,
written notice of the intention to make such an entry:
Provided that, no such notice shall be necessary, if the place to be inspected is a shed
for cattle or a latrine, urinal or a work under construction.
157. Power to remove offensive or dangerous trades from slum improvement
areas. - A Board may, by order in writing, direct any person carrying on any dangerous
or offensive trade in a slum improvement area to remove the trade from that area within
such time as may be specified in the order:
Provided that, no order under this section shall be made unless the person carrying on
such trade has been given a reasonable opportunity of showing cause as to why the
order should not be made.
158. Penalties. - (1) Whoever fails to comply with any notice, order or direction issued
or given under this Chapter shall, on conviction, be punished with imprisonment for a
term which may extend to three months, or with fine which may extend to one thousand
rupees, or with both.
(2) Whoever commences or causes to be commenced any work in contravention of
section 112, or of any terms of conditions imposed under sub-section (3) of that section,
shall, on conviction, be punished with imprisonment for a term which may extend to six
months, and with fine which may extend to one thousand rupees.
(3) Whoever obstructs the entry of any person authorised by or under this Chapter to
enter into or upon any building or land or molests such person after such entry or incites
or instigates or abets such obstruction or molestation shall, on conviction, be punished
with imprisonment for a term which may extend to three months, and with fine which
may extend to one thousand rupees.
(4) If a person committing an offence under this Chapter is a company, every person
who at the time the offence is committed was in charge of, and was responsible to the
company for the conduct of the business of the company as well as the company, shall
be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that, nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Chapter, if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission
of such offence.
(5) Notwithstanding anything contained in sub-section (4) where an offence under this
Chapter has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of, or is attributable to any neglect on the part
of, any director or manager, secretary or other officer of the company, such director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished accordingly.
Explanation. - For the purposes of this section-

(a) "company" means a body corporate and includes a firm or other association of
individuals; and

(b) "director" in relation to a firm means a partner in the firm.

159. Cesser of corresponding law. - Where any area is declared to be a slum

improvement area, then as from the date of such declaration, the provisions of any law
corresponding to the provisions of this Act, in relation to the slum improvement area
shall, save as otherwise provided in this Chapter, cease to be in force in the slum
improvement area.
The provisions of this Chapter shall not be taken to effect any property rights in any of
the areas to which this Chapter applies; nor shall the provisions by or under this
Chapter of any amenities be deemed to legalise what is otherwise illegal by or under
any other law for the time being in force.

Chapter X

[Provisions of Loans]

160. Advance loans by Authority. - The Authority may advance loans for the purposes
of [purchase of any land developed by the Authority, or of purchase, on such terms as
the Authority may, with the approval of the State Government, determine, of any
building or tenement therein constructed by the Authority, or of construction of houses
on land developed by the Authority, or of improvement, renovation or carrying out any
extension to any house or but constructed on any Authority premises] to, -

(i) Co-operative societies;

(ii) societies registered under the Societies Registration Act, 1860;

(iii) public trusts registered under the Bombay Public Trusts Act, 1950;
(iv) local authorities;

(v) companies or occupiers of factories registered under any law for the time being in
force, for housing the employees of the company or workers of [factories; or]

[(vi) any individual.]

161. Terms and conditions for advancing of loans. - Loans under section 160 may
be advanced on such terms and conditions as may be determined by regulations.
162. Loan Advance Reserve Fund. - Notwithstanding anything contained in this Act,
there shall be a separate reserve fund maintained by the Authority called the Loan
Advance Reserve Fund for the purposes aforesaid. This fund shall be operated in such
manner as the Authority may with the previous approval of the State Government from
time to time determine.
163. Money borrowed for advancing loans not to be utilised for other purposes. -
Whenever any sum of money has been borrowed by the Authority for the purposes of
advance of loans, no portion thereof shall be applied to any. other purposes without the
pervious sanction of the State Government.
[163A. Assistance for obtaining loans from banks or finance institutions. - (1) In
order to enable the Authority to carry out any of its proposals, plans, schemes or
projects, the Authority may, on receipt of an application to that effect, assist co-
operative housing societies or members thereof or individual allottees, as the case may
be, in obtaining loans from a Co-operative Bank or a scheduled Bank or from a finance
institution for the purposes of purchase of any land developed by the Authority, or of
purchase of any building or a tenement therein constructed by the Authority or of
construction of houses on land developed by the Authority or for improvement,
renovation or carrying out any extension to any house or but constructed on any
authority premises or provision of any common amenities or facilities to the members of
co-operative societies.
(2) Assistance by the Authority to obtain a loan under sub-section (1) shall, in addition to
the usual terms and conditions laid down by a Co-operative Bank or a Scheduled Bank
or a finance institution in that behalf, also be subject to such additional terms and
conditions as may be determined by regulations.
(3) The terms and conditions of the grant of loan and of the mortgage deed to be
executed by the borrower in favour of the creditor Bank or the finance institution for the
purposes of loan shall be in consonance with the terms and conditions determined by
regulations as provided under sub-section (2) and any terms and conditions inconsistent
with the terms and conditions so determined shall be deemed to be void and
inoperative.
(4) For avoidance of doubt, it is hereby declared that nothing in this section shall
preclude the creditor Bank or the finance institution to take any action available to it
under the provisions of any other law for the time being in force for the recovery of its
dues under this section and that the provisions of. this section in that respect shall be in
addition to and not in derogation of such other provision of law.
Explanation. - For the purposes of this section, the expressions-
(a) "purchase of land" shall include obtaining land on lease on payment of any premium
or any other consideration;

(b) "Scheduled Bank" means a bank included in the Second Schedule to the Reserve
Bank of India Act, 1934;

(c) "finance institution" means any public finance institution, such as Housing and Urban
Development Corporation, Housing Development Finance Corporation, Life -Insurance
Corporation of India and General Insurance Corporation of India, which provide loans to
any individual or any co-operative housing society.]

Chapter XI

Control

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

suspend resolutions and orders. - (1) The State Government may from time to time
issue such directions or instructions as it may think fit in regard to finances and conduct
of business and affairs of the Authority or any Board and the Authority and such Board
shall be bound to follow and act upon these directions or instructions.
(2) (a) Without prejudice to the generality of the foregoing provision, if the State
Government is of opinion that the execution of any resolution or order of the Authority.or
of any Board is in contravention of, or in excess of, the powers conferred by or under
this Act or any other law for the time being in force, or is likely to lead to abuse or
misuse of or to cause waste of the Fund of the Authority, the State Government may, in
the public interest, by order in writing, suspend the execution of such resolution or
order. A copy of such order shall be sent forthwith by the State Government to the
Authority and its Chief Executive Officer and the Board concerned and its Chief Officer.

(b) On receipt of the order sent as aforesaid, the Authority, or the Board, as the case
may be, shall be bound to follow and act upon such order.

165. Power of State Government to order inquiries. - (1) The State Government
may, with a view to satisfying itself that the powers and duties of the Authority or any of
its Boards are being exercised and performed properly, at any time, appoint any person
or persons to make inquiries into all or any of the activities of the Authority or the
Boards, as the case may be, and to report to the State Government the result of such
inquiries.
(2) The Authority or the Board shall give to the person or persons so appointed all
facilities for the proper conduct of the inquiries and shall produce before such person Or
persons any document, account or information in the possession of the Authority or the
Board, which such person or persons demand for the purposes of the inquiries.
166. Reconstitution of Authority or Board. - (1) Notwithstanding anything contained
in this Act, the State Government, if it is of opinion that is expedient for any reason to
reconstitute the Authority or any Board which is duly constituted under this act, then it
may, by notification in the Official Gazette, direct that the Authority or Board specified in
the notification and functioning immediately before the date of such notification shall
cease to function, and reconstitute such Authority or Board as provided in section 6, or
as the case may be, section 18 of this Act.
(2) The opinion formed by the State Government under this section to reconstitute the
Authority or any Board shall be final and conclusive and shall not be called in question
in any court.
167. Default in performance of duty. - (1) If the State Government is satisfied that the
Authority or any Board has made default in performing any duty imposed on it by or
under this Act it may fix a period for the performance of that duty.
(2) If in the opinion of the State Government, the Authority or the Board fails or neglects
to perform such duty within the period so fixed for its performance, it shall be lawful for
the State Government, notwithstanding anything contained in section 6 or 18, to
supersede and reconstitute the Authority, or as the case may be, the Board in the
prescribed manner.
(3) After the supersession of the Authority or the Board and until it is reconstituted, the
powers, duties and functions of the Authority or Board under this Act, shall be exercised
and performed by the State Government or by such officer or officers as the State
Government may appoint for this purpose.
(4) Notwithstanding anything contained in this section, if the Authority is satisfied that
any Board is not performing any duty imposed on it by or under this Act to secure
efficient implementation thereof, the Authority may recommend to the State Government
that the Board may be dissolved. On receipt of such recommendation, the State
Government may dissolve the Board and either appoint an Administrative Officer to
exercise all the powers and perform all the duties of the Board or appoint another Board
to exercise such powers and perform such duties.
168. Power to appoint Administrator. - (1) If it appear to the State Government that
the Authority is unable to exercise the powers or perform or discharge the duties or
functions conferred or imposed upon it by or under this Act, or that majority of the
members has resigned or the term of office of the members has expired and the State
Government does not consider it expedient to reconstitute the Authority or fill the
vacancies, the State Government may, notwithstanding anything contained in section 6
or any other provision of this Act, by notification in the Official Gazette, in place of the
Authority constituted under section 6, appoint an Administrator for such period or
periods, as may be determined by the State Government. After the expiry of his term of
office the Administrator shall continue in office until the day immediately preceding the
date of the first meeting of the Authority, duly reconstituted in accordance with
provisions of section 6.
(2) The Administrator so appointed shall be deemed to constitute the Authority for the
time being, and shall exercise all the powers and perform and discharge all the duties
and functions conferred and imposed upon the Authority or any of its authorities,
members or officer, by or under this Act, or any other law for the time being in force.
(3) The Administrator shall receive such remuneration from the fund of the Authority,
and the other conditions of service shall be such, as the State Government may
determine.
(4) The Administrator may, subject to the general or special order of the State
Government, delegate any of the powers, duties and functions exercisable or to be
performed by him, to any officer or officers of the Authority specified in the order:
Provided that, nothing in this section shall affect the powers, duties or functions
entrusted to any Board under this Act.
169. Dissolution of Authority. - (1) The State Government may, by notification in the
Official Gazette, declare that, with effect from such date as may be specified in the
notification, the Authority shall stand dissolved:
Provided that, no such declaration shall be made by the State Government unless a
resolution to that effect has been moved in, and passed by, the Maharashtra Legislative
Assembly.
(2) With effect from the date specified in the notification under subsection (1)-

(a) all the members shall vacate their office;

(b) all properties, funds and dues which are vested in or realisable by the Authority shall
vest in, and be realisable, by the State Government;

(c) all liabilities enforceable against the Authority shall be enforceable against the State
Government to the extent of the properties, funds, and dues vested in, or realised by the
State Government.

(3) Nothing in this section shall affect the liability of the State Government in respect of
loans or debentures guaranteed under sub-section (5) of section 36.

Chapter XII

Miscellaneous

170. Annual and other reports. - (1) The Authority shall submit, in respect of each
year an annual report to the State Government, in such form and before such date in
the next succeeding year as the State Government may determine.
(2) The annual report, after it is approved by the State Government, shall be laid before
each House of the State Legislature, as far as possible before the expiry of the year
next succeeding the year to which it relates.
171. Other statements and returns. - The Authority shall also submit to the State
Government such statistics, returns, particulars, statements, documents or papers in
regard to any proposal, plan or project undertaken under this Act or relating to any
matter or proceedings connected with the working of the Authority at such time and in
such form and manner as may be determined by the State Government, or as the State
Government may from time to time direct.
172. Power of entry. - Without prejudice to any provisions regarding entry elsewhere in
any other provisions of this Act, it shall be lawful for any person authorised by the
Authority in this behalf to enter into, or upon any building or land for the purposes of this
Act, with or without assistants or workmen, in order to make any inquiry, inspection,
census, measurement, valuation or survey or to execute any work which is authorised
by or under this Act or which it is necessary to execute for any of the purposes of this
Act or of any notice, rule, regulation, order, proposal, plan or project, or any instrument
made thereunder:
Provided that no such entry shall be made between sunset and sunrise.
173. Notice of suit against Authority, etc. - No person shall commence any suit
against the Authority or against any member of the Authority or of any Board or of any
Panchayat or any officer or servant of the Authority or Panchayat or any person acting
under the orders of the Authority or Board, or Panchayat for anything done or purporting
to have been done in pursuance of this Act (including any contract thereunder), without
giving to the Authority, member, officer or servant or person two months previous notice
in writing of the intended suit and of the cause thereof, nor after six months from the
date of the act complained of.
And in the case of any such suit for damages, if tender of sufficient amends shall have
been made before the action is brought, the plaintiff shall not recover more than the
amount so tendered and shall pay all costs incurred by the defendant after such tender.
174. Members of Authority or Board of Panchayat, employees of Authority or
Panchayat to be public servants. - All members of the Authority or any Board or any
Panchayat and all employees of the Authority or Panchayat shall be deemed, when
acting or purporting to act in pursuance of any of the provisions of this Act to be public
servants within the meaning of section 21 of the Indian Penal Code.
175. Protection of action taken in good faith. - No suit, prosecution or other legal
proceedings shall lie against any members of the Authority or Board or Panchayat or
any employees of the Authority or Panchayat for anything which is in good faith done or
intended to be done under this Act, or any rule, regulation, order, proposal, plan or
project or any instrument made under this Act.
176. Power of prosecution. - Unless otherwise expressly provided, no court shall take
cognisance of any offence punishable under this Act except on the complaint of, or
upon information received from, the Authority or some person authorised by the
Authority by general or special order in this behalf.
177. Bar of Jurisdiction. - Save as otherwise expressly provided in this Act, no civil
court shall have jurisdiction in respect of any matter which the Authority or the Tribunal
is empowered by or under this Act, to determine; and no injunction or say shall be
granted by any court or other authority in respect of any action taken or to be taken in
pursuance of any power conferred or duty imposed by or under this Act.
178. Compounding offences. - (1) The Chief Executive Officer or any of the officers
who may be authorised by him in this behalf by general or special order may, either
before or after the institution of the proceedings, compound any offence punishable
under this Act.
(2) When an offence has been compounded, the offender, if in custody, shall be
discharged; and no further proceedings shall be taken against him in respect of the
offence compounded.
179. Authority to enforce certain contracts or agreements. - All contracts,
agreements and other instruments of whatever nature subsisting or having effect
immediately before the date of constitution of the Authority and to which an existing
Board was a party shall be of full force and effect against or in favour of the Authority
and may be enforced and acted upon fully and effectively as if instead of the existing
Boards, the Authority had been a party thereto or as if they had been entered into or
issued in favour of the existing Board for the purposes of the Authority.
180. Recovery of sums due to existing Board or Authority as arrears of land
revenue. - Notwithstanding anything contained in this Act, all sums payable to any
existing Board immediately before the appointed date or to the Authority by any person
or recoverable by it by or under the provisions of this Act and all charges and expenses
incurred in connection therewith shall, without prejudice to any other mode of recovery,
or otherwise provided by or under this Act, be recoverable as arrears of land revenue on
the application of the Authority.
181. Powers to delegate. - (1) The Authority may, by general or special order, delegate
any power exercisable by it or any function to be discharged or any duty to be
performed by it by or under this Act to any of its officers [or to any Board or to any
officers of the Board] on such terms and conditions as may be specified in such order.
[(2) The Authority may, by general or special order, delegate any power exercisable by
a Board by or under this Act to any of its officers or to any officers of the Board on such
terms and conditions as may be specified in such order.
(3) Notwithstanding anything contained in sub-section (1) or (2), the State Government
may, by order in writing, direct the Authority to delegate,-

(i) such of its powers and functions conferred or imposed on it by or under this Act to the
Board or such other authority or any officer of the Authority or of the Board; or

(ii) such of the powers and functions conferred or imposed on the Board by or under this
Act to such other authority or any officer of the Authority or of the Board,

as may be specified in the order, and it shall be duty of the Authority to follow and act
upon such order.]
182. Penalty for obstruction, etc. - If any person-

(a) obstructs, or molests any person with whom the Authority has entered into a
contract, in the performance or execution by such person of his duty or of anything
which he is empowered or required to do under this Act, or

(b) removes any mark set up for the purpose of indicating any level or direction
necessary to the execution of works authorised under this Act,

he shall, on conviction, be punished with imprisonment for a term which may extend to
three months or with fine which may extend to five hundred rupees or with both.
183. Removal of difficulty. - If any difficulty arise in giving effect to the provisions of
this Act, the State Government may, as occasion arises, by order do anything which
appears to it to be necessary for the purpose of removing the difficulty.

Chapter XIII

Rules, Regulations and Bye-Laws

184. Powers to make rules. - (1) The State Government may, by notification in the
Official Gazette, [prospectively or retrospectively with effect from such date, as it may
specify in such notification] for the purpose of carrying into effect the provisions of this
Act.
(2) In particular and without prejudice to the generality of the provisions of sub-section
(1), such rules, may provide for all or any of the following matters, namely :-

(i) for regulating the mode of recruitment including provisions for absorption or
promotion of persons already working in any Board and for providing terminal benefits
under sub-section (5) of section 19;

(ii) conditions to be prescribed under sub-section (1) including issue of debentures

under sub-section (2) of section 36;

(iii) the manner of maintenance of the books of account and the preparation of the
annual statement of accounts of the Authority under sub-section (1) of section 39;

(iv) the manner of service of the notice under the proviso to sub-section (1) of section
41;

(v) the manner of holding the inquiry by the Land Acquisition Officer and service of
notice on the owner of the land, under sub-section (5) of section 44;

(vi) the period within which the betterment charges proposed by the Authority to be
accepted by the person concerned, under sub-section (3) of section 54;

(vii) the rate on interest to be charged on any outstanding payment of the Authority
under sub-section (1) of section 55;

(viii) the rules subject to which the Authority may retain, lease, sell, exchange, or
otherwise dispose of any land, etc. under section 64;

(ix) the other manner in which a notice under sub-section (1) of section 66 may be given

(x) the manner of publication of notice under sub-section (4) of section 66;

(xi) [the penalty to be imposed] for default in the payment of rent or compensation under
Explanation II to section 66;

(xii) the rules subject to which the recovery of rent, compensation or damages may be
recovered as arrears of land revenue under sub-section (1) of section 67;

(xiii) the other matters in respect of which the Competent Authority shall have in powers
of the civil court under the Code of Civil Procedure, 1908, under section 69;
(xiv) the manner in which the rebate shall be claimed by, and paid to the Municipal
Corporation of Greater Bombay, under sub-section (2) of section 85;

(xv) regulating all matters connected with [the Mumbai Building Repairs and
Reconstruction fund] under sub-section (3) of section 86;

(xvi) regulating all matters connected with the Maharashtra Slum Improvement Fund,
under sub-section (2) of section 117;

(xvii) the manner in which the resignation shall be delivered by the member, Sarpanch
or Upa-Sarpanch of a Panchayat resigning his office, under section 126;

(xviii) prescribing notice to be given for moving no-confidence motion against the
Sarpanch or the Upa-Sarpanch, under sub-section (1) of section 127;

(xix) the intervals and the procedure for the meetings of the Panchayat, under section
128;

(xx) the powers to be exercised and functions to be performed by the Sarpanch and
Upa-Sarpanch, under section 129;

(xxi) the manner and the form in which every contract made and executed by the
Sarpanch on behalf of the Panchayat, under sub-section (2) of section 139;

(xxii) the form of the writ of demand under sub-section (2), the manner of distraint and
sale of moveable property under sub-section (4), and the form and manner in which a
written receipt for any amount recovered by the Panchayat shall be given under sub-
section (6), of section 140;

(xxiii) the custody in which the sums received by the Panchayat and the Panchayat fund
shall be kept, under section 142;

(xxiv) the date before which and the form in which the annual statement of the opening
balance in the Panchayat fund and the expenditure the Panchayat shall submit to the
Board under sub-section (1) and the form in which the accounts of the Panchayat shall
be kept by the Sarpanch and the date before and the form in which the annual
statement of accounts shall be sent to the Board by the Sarpanch under sub-section (3)
of section 144;

(xxv) the manner of supersession and reconstitution of the Authority, or as the case may
be, the Board under sub-section (2) of section 167;

(xxvi) levy fees for any of the purposes of this Act, and for refund of such fees.

(3) Except when rules are made for the first time, all rules made under this Act shall be
subject to the condition of previous publication.
(4) Every rule made under this Act shall be laid as soon as may be after it is made
before each House of the State Legislature while it is in session for a total period of
thirty days, which may be comprised in one session or in two successive sessions, and
if, before the expiry of the session in which it is so laid or the session immediately
following, both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, and notify such decision in the Official Gazette,
the rule shall from the date of publication of such notification have effect only in such
modified form or be of no effect, as the case may be, so however that any such
modification or annulment shall be without prejudice to the validity of anything
previously done or omitted to be done under that rule.
185. Power to make regulations. - (1) The Authority may, from time to time, with the
previous sanction of the State Government, make regulations, consistent with this Act
and the rules made thereunder, and for all or any of the matters which have to be or
may be, prescribed or provided by regulation under any of the provisions of this Act.
(2) If it appears to the State Government that it is necessary or desirable for carrying out
the purposes of this Act to make any regulations in respect of matters specified in sub-
section (1) or to amend any regulation made under that sub-section the State
Government may call upon the Authority to make such regulation or, amendment within
such time as it may specify. If the Authority fails to make such regulation or amendment
within the time specified, the State Government itself may make such regulation or
amendment and the regulation or the amendment so made shall be deemed to have
been duly made by the Authority under sub-section (1).
186. Power to make Bye-laws. - (1) The Authority may make Bye-laws, not
inconsistent with this Act or any rule or regulation, which may be necessary or
expedient for the purpose of carrying out its duties and functions under this Act.
(2) No Bye-law made by the Authority shall come into force until it has been confirmed
by the State Government with or without modification.
(3) All Bye-laws made under this section shall be published in the Official Gazette by the
Authority.
187. Penalty for contravention of Bye-laws. - Whoever contravenes a Bye-law made
under section 186 shall, on conviction, be punished with imprisonment for a term which
may extend to six months or with fine which may extend to one thousand rupees or with
both.

Chapter XIV

Repeal and Savings

188. Repeal and savings. - (1) On and from the appointed day-

(a) the Bombay Housing Board Act, 1948, as in force in the Bombay and Hyderabad
Area of the State;

(b) the Madhya Pradesh Housing Board Act, 1950, as in force in the Vidarbha Region of
the State;
(c) the Bombay Building Repairs and Reconstructions Board Act, 1969; [and]

(d) the Maharashtra Slum Improvement Board Act, 1973; [**]

(e) [* * * * * *]

shall stand repealed:

Provided that, the repeal shalt not affect -

(a) the previous operation of any law so repealed or anything duly done or suffered
thereunder, or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law
so repealed, or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed
against any law so repealed, or

(d) any investigation, proceedings, legal proceedings or remedy in respect of any such
right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;

and any such investigation, proceedings, legal proceedings or remedy may be

instituted, continued or enforced and any such penalty, forfeiture or punishment may be
imposed as if this Act had not been passed:
Provided further that subject to the preceding proviso and any saving provisions made
elsewhere in this Act, anything done or any action taken under the provisions of any law
so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be
deemed to have been done or taken under the corresponding provisions of this Act; and
shall continue to be in force accordingly unless and until superseded by anything done
or action taken under this Act;
(2) (a) Any reference in any law or in any instrument or other document to the provisions
of any law so repealed shall, unless a different intention appears, be construed as a
reference to the corresponding provisions of this Act;

(b) any reference in any law or in any instrument to any existing Board shall, unless a
different intention appears, be construed as a reference to the Authority and such law or
instrument shall apply to the Authority.

189. Consequences of repeal. - With effect from the appointed day, without prejudice
to the generality of the provisions of the provisos to sub-section (1) of section 188, the
following consequences shall, unless the State Government by a general or special
order directs otherwise, ensue, that it is to say,-

(a) all properties, moveable and immoveable and interests of whatsoever nature and
kind therein which vested in an existing Board immediately before the appointed day
shall be deemed to be transferred to, and shall vest, without further assurance, in the
Authority subject to all limitations and conditions and rights or interests of any person,
body or authority in force or subsisting immediately prior to the appointed day;

(b) all rights, liabilities and obligations of an existing Board including those arising under
any agreement or contract shall be deemed to be the rights, liabilities and obligations of
the Authority;

(c) all sums due to an existing Board, whether under any contract or otherwise shall be
recoverable by the Authority, and for the purposes of such recovery, the Authority shall
be competent to take any measures or institute any proceedings which it would have
been open to the existing Board or any authority thereof to take or institute before the
appointed day;

(d) any fund vesting in an existing Board shall be deemed to be the fund of the
Authority;

(e) all contracts made with, and all instruments executed on behalf of, an existing Board
shall, subject to the provisions of section 179, be deemed to have been made with, or
executed on behalf of, the Authority, and shall have effect, accordingly;

(f) If, on the date of constitution of the Authority, any suits, appeals or legal proceedings
of whatever nature by or against any existing Board are pending, then such suits,
appeals or legal proceedings shall not abate, be discontinued or be in any way
prejudicially affected by reason of transfer to the Authority of the property, assets, rights
and liabilities of the existing Board, but the suits appeals or legal proceedings may be
continued, prosecuted and enforced by or against the Authority.

190. Maharashtra XLV of 1963 not to apply to Authority, etc. - The Maharashtra
Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and
Transfer) Act, 1963, shall not apply to the Authority duly constituted under the
Maharashtra Housing and Area Development Act, 1976, or to any land or building
belonging to or vesting in any such Authority.
191. Amendment of section 2 and 40 of Maharashtra XXXVII of 1966. - In the
Maharashtra Regional and Town Planning Act, 1966,-

[(a) in section 2, in clause (15), in paragraph (c), for sub-paragraph (ii), the following
sub-paragraphs shall be substituted, namely:-

"(ii) the Authority constituted under the Maharashtra Housing and Area Development
ACt, 1976;

(iii) the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust
Act, 1936";].

(b) in section 40, in sub-section (1), after clause (a), the following clause shall be
inserted, namely :-
"(aa) appoint the Authority constituted under the Maharashtra Housing and Area
Development Act, 1976, or"

192. Amendment of Schedule I of Bombay LII of 1956. - In the Bombay Legislature

Members (Removal of Disqualifications) Act, 1956, in Schedule I, for entry 15, the
following entry shall be substituted, namely:-

"15. The office of a member of the Maharashtra Housing and Area Development
Authority (including the President and the Vice-President thereof) constituted under the
Maharashtra Housing and Area Development Act, 1976, or a member of any of the
Housing and Area Development Boards (including the Chairman and the Vice-Chairman
thereof) established under that Act, or a member of any Panchayat (including the
Sarpanch and Upa-Sarpanch thereof) established under that Act, by reason only of his
holding such office."

193. [Substitution of section 272 of C.P. and Berar II of 1950] Deleted by

Maharashtra 54 of 1977, Section 7.

First Schedule

[See sub-section (1) of section 44]

Principles for determination of the net average monthly income:

1. The Land Acquisition Officer shall first determine the gross rent actually derived by
the owner of land acquired, including any building on such land, during the period Of
five consecutive years referred to in sub-section (3) of section 44.
2. For such determination, the Land Acquisition Officer may hold any local inquiry and
obtain, if necessary, certified copies of extracts from the property tax assessment books
of the local authority concerned showing the rental value of such land.
3. The net average monthly income referred to in sub-section (3) of section 44 shall be
sixty per cent of the average monthly gross rent which shall be one-sixtieth of the gross
rent during the five consecutive years as determined by the Land Acquisition Officer
under paragraph 1.
4. Forty per cent of the gross monthly rental referred to above shall not be taken into
consideration in determining the net average monthly income but shall be deducted in
lieu of the expenditure which the owner of the land would normally incur for payment of
any property tax to the local authority, for collection charges, income tax or bad debts as
well as for works of repair and maintenance of the building, if any, on the land.
5. Where the land or any portion thereof has been unoccupied, or the owner has not
been in receipt of any rent for the occupation of the land during the whole or any part of
the said period of five years, the gross rent shall be taken to be income which the owner
would in fact have derived if the land had been leased out for rent during the said
period, and for this purpose the rent actually derived from the land during a period prior
to subsequent to the period during which it remained vacant or from similar land in the
vicinity shall be taken into account.
[Second Schedule

[See sub-section (1) of section 82]

I. The rates at which cess under Chapter VIII of this Act shall be levied on buildings and
lands :-
Serial No. Buildings Buildings Buildings
classified as classified as classified as
belonging to belonging to belonging to
Category 'A' Category 'B' Category 'C'
1 2 3 4
1 Where a building is not At the rate of 87 At the rate of 63 At the rate of 39
structurally repaired (or is per cent of the per cent of the per cent of the
not deemed to be so rateable value of rateable value of rateable value of
repaired) by the Board. the building. the building. the building.
2 Where a building is
structurally repaired (or is
deemed to be so repaired)
by the Board and-
(i) the Board has At the rate of 195 At the rate of 132 At the rate of 75
contributed towards the per cent of the per cent of the per cent of the
cost of the repairs, at the rateable value of rateable value of rateable value of
rate upto three hundred the building. the building. the building.
rupees per square metre;
(ii) the Board has At the rate of 390 At the rate of 270 At the rate of 150
contributed towards the per cent of the per cent of the per cent of the
cost of the repairs, at the rateable value of rateable value of rateable value of
rate exceeding three the building. the building. the building.
hundred rupees per square
metre but not exceeding
five hundred rupees per
square metre;
(iii) the Board has At the rate of 585 At the rate of 405 At the rate of 225
contributed towards the per cent of the per cent of the per cent of the
cost of the repairs, at the rateable value of rateable value of rateable value of
rate exceeding five hundred the building. the building. the building.
rupees per square metre but
not exceeding seven
hundred and fifty rupees
per square metre.
II. Where any part or parts of a building is or are used for non-residential purposes, the
rate of the cess to be levied and paid in respect of such part or parts shall be double the
rate of cess payable for that part or those parts if they were used for residential
purposes.]

[Third Schedule

[See section 103-1(3)]

Scale showing the percentage of built-up area to be reserved by the co-operative

society for allotment by the Board

In building reconstructed for In building reconstructed for

mixed use i.e. residential and residential use
commercial
Surplus area Built-up area Surplus area Built-up area
to be reserved to be reserved
(1) (2) (3) (4)
Up to 40 per Nil Up to 50 per Nil
cent cent.
Up to 45 per 5 per cent. Up to 55 per 5 per cent.
cent cent.
Up to 55 per 10 per cent. Up to 65 per 10 per cent.
cent cent.
Up to 60 per 15 per cent. Up to 70 per 15 per cent.
cent cent.
Up to 65 per 20 per cent. Up to 75 per 20 per cent.
cent cent.
Up to 70 per 25 per cent. Up to 80 per 25 per cent
cent cent.
Up to 80 per 30 per cent Up to 90 per 30 per cent.
cent cent.
Up to 85 per 35 per cent. Up to 95 per 35 per cent.
cent. cent.
Up to 90 per 40 per cent. above 95 per 40 per cent.
cent cent.
above 90 per 50 per cent. ….. …....]
cent.

Notifications
G.N.H.D. No. MTG 2005/CR-101/(Part-III)/R & R-1 dated 16th September 2008 (M.G.
Part IV-B Pages 1001) - In exercise of the powers conferred by clause (a) of sub-
section (3) of section 88 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977), the Government of Maharashtra hereby specifies rupees
two thousand to be the structural repairs cost per square metre for the purposes of the
said clause (a).
G.N., P.W. & H.D., No. MHA. 1077/(3)/Desk-44, dated 3rd December, 1977 (M.G.,
1978, Part IV-B, Pages 34) - In exercise of the powers conferred by sub-section (3) of
section 1 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra
XXVIII of 1977), the Government of Maharashtra hereby directs [that-

(a) the said Act, excluding Chapter VIII, shall come into force in the whole of the State of
Maharashtra, and

(b) Chapter VIII shall come into force in the City of Bombay with effect from the 5th day
of December 1977.]

G.N., P.W. & H.D., No. ARD. 1077/(1)/Desk-44, dated 5th December, 1977 (M.G.
1978, Part IV-B, Pages 39) - In exercise of the powers conferred by section 3 of the
Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977),
the Government of Maharashtra hereby establishes for securing the objectives and the
purposes of the said Act an Authority to be called the Maharashtra Housing and Area
Development Authority, and in pursuance of the provisions of sub-section (3) of section
6 of the said Act, the Government of Maharashtra hereby publishes the names of the
following members appointed under sub-section (2) of the said section 6 to constitute
the Authority namely: -
[(1) Shri Bhausaheb S. Surve, Minister for President, Part time under sub-section (2)
Housing. of section 6]
(2) Shri S. S. Tinaikar Vice-President, Full time under sub-
section (2) of section 6.
(3) Secretary to Government (Urban Ex-officio member under clause (a) of
Development) in Urban Development and sub-section (2) of section 6.
Public Health Department, Mantralaya,
Bombay.
[(4) Director, Town Planning Department, Ex-officio Member under clause (a) of
Pune sub-section (2) of section 6.]
(5) Shri P. M. Apte, Chief (Projects), Member appointed by the Government of
Housing and Urban Development Maharashtra under clause (b) of sub-
Corporation, New Delhi. section (2) of section 6.
(6) Chairman, Maharashtra Co-operative Member appointed by the Government of
Housing Finance Society Ltd., Bombay. Maharashtra under clause (b) of sub-
section (2) of section 6.
 (7) Shri Shankarrao N. Mohite-Patil. Member appointed by the Government of
Maharashtra under clause (b) of sub-
section (2) of section 6.
(8) Shri R. S. Gavai Member appointed by the Government of
Maharashtra under clause (b) of sub-
section (2) of section 6.
(9) Shri D. V. Rangnekar Member representing the Employees of
the Authority under clause (b) of sub-
section (2) of section 6.
G.N., H. & S.A.D. No. MHA. 1091/379/D-III, dated 10th January, 1992 (M.G. Part IV-
B, Pages 1254) - Whereas the Government of Maharashtra has under Government
Notification Housing and Special Assistance Department, No. MHA. 1091/3791D-III,
dated 24th October, 1991, notified the name of Shri Ajit Warty, as the full-time Vice-
President and Chief Executive Officer of the said Authority and published his name as
required by sub-section (3) of section 6 of the Act;
And whereas, the Government of Maharashtra has appointed Shri Ajay Dua, as the
Vice-President and Chief Executive Officer of the said Authority with effect from 26th
December, 1991; Now therefore, in exercise of the powers conferred by sub-section (3)
of section 6 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra
XXVIII of 1977) (hereinafter referred to as "the said Act") and of all the powers enabling
it in this behalf, the Government of Maharashtra hereby deletes the name of Shri Ajit
Warty, as the Vice-President and Chief Executive Officer of the said Authority and in his
place appoints Shri Ajay Dua, as Vice-President and Chief Executive Officer of the said
Authority with effect from 26th December, 1991 and herewith publishes his name, as
required by sub-section (3) of section 6 of the said Act.
All other names mentioned in the said Notification remain the same.
G.N., P.W. & H.D., No ARD. 1077/(2)/D-44(1), dated 5th December, 1977 M.G., 1978,
Part IV-B, Pages 40) - In exercise of the powers conferred by clause (a) of sub-section
(1), sub-section (2) and sub-section (6) of section 18 of the Maharashtra Housing and
Area Development Act, 1976 (Maharashtra XXVIII of 1977), the Government of
Maharashtra hereby establishes, for the Bombay area, the Board to be known as "the
Bombay Housing and Area Development Board" and in pursuance of the provisions of
subsection (4) of section 18 of the said Act, the Government of Maharashtra hereby
publishes the names of the following members appointed to constitute the Bombay
Housing and Area Development Board, namely:-
(1) Dr. V. K. Toraskar Chairman under sub-section (2) of section
18 (Part-time).
(2) Shri D. V. Deshpande Vice-Chairman under sub-section (2) of
section 18 (Full-time).
(3) Shri Totaram K. Karira Member appointed under sub-section (2)
of section 18.
(4) Shri Datta Nalawade Member appointed under sub-section (2)
of section 18.
 (5) Shri Tabhjibhai G. Solanki Member appointed under sub-section (2)
of section 18.
(6) Shri P. Savlaram Member appointed under sub-section (2)
of section 18.
(7) Shri Ravinder N. Rawoot Member appointed under sub-section (2)
of section 18.
(8) Shri J.K. D'souza Member appointed under sub-section (2)
of section 18.
(9) Shri Annasaheb P.Patil Member appointed under sub-section (2)
of section 18.
(10) Shri S.E. Hassnain Member appointed under sub-section (2)
of section 18.
(11) Shri G.D. Taskar Member appointed under sub-section (3)
of section 18.
(12) Shri J.B. Bodhe Member appointed under sub-section (3)
of section 18.
(13) Municipal Commissioner, Greater Ex-officio Member under sub-section (2)
Bombay Municipal Corporation Bombay. of section 18.
[(14) Chief Engineer, Public Works, Ex-officio Member under sub-section (2)
Bombay Region, Bombay. of section 18.
(15) Member-Secretary, Housing Urban Ex-officio Member under sub-section (2)
Renewal and Ecology Board, Bombay of section 18.]
Metropolitan Regional Development
Authority, Bombay.
G.N., P.W & H.D. No. ARD. 1077/(2)/D-44(ii), dated 5th December, 1977 (M.G., 1978,
Part IV-B, Pages 42) - In exercise of the powers conferred by clause (b) of sub-section
(1), sub-section (2) and sub-section (6) of section 18 of the Maharashtra Housing and
Area Development Act, 1976 (Maharashtra XXVIII of 1977), the Government of
Maharashtra hereby establishes, for the Vidarbha Region, the Board to be known as the
Nagpur Housing and Area Development Board" and in pursuance of the provisions of
sub-section (4) of section 18 of the said Act, the Government of Maharashtra hereby
publishes the names of the following members appointed to constitute the Nagpur
Housing and Area Development Board, namely:-
(1) Shri K. G. Deshmukh Chairman under sub-section (2) of section
18 (Part time).
(2) Shri Rambhau B. Lingade Vice-Chairman under sub-section (2) of
section 18 (Part-time).
(3) Shri Eknathrao Salwe Member appointed under sub-section (2)
of section 18.
 (4) Shri Navalchand Toksia Member appointed under sub-section (2)
of section 18.
(5) Shri B. B. Nikhade Member appointed under sub-section (2)
of section 18.
(6) Dr. M. S. Wasnik Member appointed under sub-section (2)
of section 18.
(7) Shri Ram B. Lanjewar Member appointed under sub-section (3)
of section 18.
(8) Divisional Commissioner, Nagpur Ex-officio Member under sub-section (2)
Division, Nagpur of section 18.
(9) Deputy Director of Town Planning, Ex-officio Member under sub-section (2)
Nagpur. of section 18.
(10) Municipal Commissioner, Nagpur Ex-officio Member under sub-section (2)
Municipal Corporation, Nagpur. of section 18.
G.N, P.W. & H.D., No. ARD. 1077/(2)/D-44(iii), dated 5th December, 1977 (M.G.,
1978, Part IV-B, Pages 43) - In exercise of the powers conferred by clause (c) of sub-
section (1) sub-section (2) and sub-section (6) of section 18 of the Maharashtra Housing
and Area Development Act, 1976 (Maharashtra XXVIII of 1977), the Government of
Maharashtra hereby establishes, for the Aurangabad area, the Board to be known as
"the Aurangabad Housing and Area Development Board" and in pursuance of the
provisions of sub-section (4) of section 18 of the said Act, the Government of
Maharashtra hereby publishes the names of the following members appointed to
constitute the Aurangabad Housing and Area Development Board, namely:-
(1) Shri Sayajirao T. Pandit Chairman under sub-section (2) of section
18 (Part-time).
(2) Shri Vilas Murlidhar Lonari Vice-Chairman under sub-section (2) of
section 18 (Part-time).
(3) Shri. S. T. Pradhan Member appointed under sub-section (2)
of section 18.
(4) Shri Haribhau Jaware Member appointed under sub-section (2)
of section 18.
(5) Shri Shivajirao S. Patil Member appointed under sub-section (2)
Babhulgaonkar. of section 18.
(6) Shri Baburao Kondaji Patil Member appointed under sub-section (2)
Goregaonkar of section 18.
(7) Shri N. R. Sidam Member appointed under sub-section (2)
of section 18.
(8) Dr. Y. S. Khedkar Member appointed under sub-section (2)
of section 18.
 (9) Shri S. M. (Babubhai) Rathi Member appointed under sub-section (3)
of section 18.
(10) Shri Rohidas Chudaman Patil Member appointed under sub-section (3)
of section 18.
(11) Divisional Commissioner, Ex-officio Member under sub-section (2)
Aurangabad Division, Aurangabad. of section 18.
(12) Deputy Director of Town Planning, Ex-officio Member under sub-section (2)
Aurangabad. of section 18.
(13) Additional Chief Engineer, Public Ex-officio Member under sub-section (2)
Works & Housing Department, of section 18.
Aurangabad Region, Aurangabad.
G.N., P.W. & H.D., No. ARD. 1077/(2)/D-44(iv), dated 5th December, 1977 (M.G.,
1978, Part IV-B, Pages 44) - In exercise of the powers conferred by clause (d) of sub-
section (1), sub-section (2) and sub-section (6) of section 18 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), the
Government of Maharashtra hereby establishes, for the Pune area, the Board to be
known as "the Pune Housing and Area Development Board" and in pursuance of the
provisions of sub-section (4) of section 18 of the said Act, the Government of
Maharashtra hereby publishes the names of the following members appointed to
constitute the Pune Housing and Area Development Board, namely:-
(1) Shri Ravindra S. More Chairman under sub-section (2) of section
18 (Part-time).
(2) Shri Namdeorao Vatkar Vice-Chairman under sub-section (2) of
section 18 (Part-time).
(3) Shri Baburao R. Kotwal Member appointed under sub-section (2)
of section 18.
(4) Shri Navnitbhai Barshikar Member appointed of section 18.
(5) Shri Vilasrao B. Shinde Member appointed of section 18.
(6) Smt. Shailaja C. Shitole Member appointed of section 18.
(7) Shri N. N, Kanna Member appointed of section 18.
(8) Shri R. A. Parvate Member appointed of section 18.
(9) Dr. V. M. Dandekar Member appointed of section 18.
(10) Divisional Commissioner, Pune Ex-Officio Member under sub-section (2)
Division, Pune. of section 18.
[(11) Deputy Director of Town Planning, Ex-Officio Member under sub-section (2)
Pune Division, Pune. of section 18.]
(12) Municipal Commissioner, Pune Ex-Officio Member under sub-section (2)
Municipal Corporation, Pune. of section 18.
G.N., H. & S.A.D., No. MHA. 1085/871/D-III, dated the 25th October, 1988 (M. G.,
Part IV-B, Pages 1047) - Whereas, the Government of Maharashtra has under
Government Notification, Housing and Special Assistance Department No. MHA.
1085/871/D III, dated 19th August, 1988, notified the name of Prof. Janardan C.
Chandurkar, M.L.A., Bombay, appointed as the part-time Chairman of the Bombay
Housing and Area Development Board, Bombay (hereinafter referred to as "the said
Board");
And whereas, the Government of Maharashtra has under Government Notification,
Housing and Special Assistance Department, No. MHA. 1085/871/D-111, dated 17th
October, 1988, notified the names of following persons as the full-time Vice-Chairman
and Chief Officer and other Official members of the said Board and published their
names as required by sub-section (4) of the said section 18 of the said Act, namely:-
(1) Shri Ganesh Walavalkar Vice-Chairman (full-time) and Chief
Officer appointed under sub-sections (2)
and (6) of section 18.
(2) Divisional Commissioner, Konkan Ex-Officio Member appointed under sub-
Division, Bombay. section (2) of section 18.
(3) Deputy Director of Town Planning, Ex-Officio Member appointed under sub-
Bombay. section (2) of section 18.
(4) Municipal Commissioner, Greater Ex-Officio Member appointed under sub-
Bombay. section (2) of section 18.
Now, therefore, in exercise of the powers conferred by section 18 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) and all other
powers enabling it in this behalf, the Government of Maharashtra hereby appoints the
persons mentioned below as the non-official members of the said Board and publishes
their names as require by sub-section (4) of the said section 18 of the said Act, where
upon the said Board shall be reconstituted, consisting of the following persons namely:-
(1) Shri R. R. Singh Member appointed under sub-section (2)
of section 18.
(2) Shri Bhagwanrao Yadav Member appointed under sub-section (2)
of section 18.
(3) Shri Shankarrao Jadhav Member appointed under sub-section (2)
of section 18.
(4) Shri Ashokrao Bote-Patil Member appointed under sub-section (2)
of section 18.
(5) Shri Shankarrao Shinde Member appointed under sub-section (2)
of section 18.
(6) Shri Vishnu Ohal Member appointed under sub-section (2)
of section 18.
(7) Shri Balasaheb Hande Member appointed under sub-section (2)
of section 18.
 (8) Shri Manohar Nare Member appointed under sub-section (2)
of section 18.
(9) Shri V. D. Desai Member appointed under sub-section (3)
of section 18.
(10) Shri Sadanand Danait Member appointed under sub-section (3)
of section 18.

[Form (I)]

(See rule 7)

Application for Debentures

Series (per cent)

Years .........................

To
The Chief Executive Officer,
Maharashtra Housing and Area Development Authority,
Bombay 400 051.
Dear Sir,
Issue of ....................................................... years Debentures. Interest
................................................... per cent. Issue price ......................................................
per cent.
I/We hereby apply for debentures of the face value of Rs. of the above issue.
Debentures of the denominations noted below may kindly be issued for the amount
Denomination Number of Amount
Bonds
Rs. Rs.
100
500
1000
5000
10000
25000
50000
100000
Total
I/We send herewith/have paid a deposit of Rs. ................................... (Rupees
...................................................... only), through ............................. for the debentures
applied for.
I/We undertake to accept debentures for the same or for any lesser amount, The
interest may be made payable at-
(1)
........................................................................................................................................
(2)
........................................................................................................................................
(3) At the Maharashtra Housing and Area Development Authority's Office, Bombay.
(By presenting the debentures on the due dates)
Note. Strike the portions not required.
Name/Names in full
............................................................................................................................

(in Block letters)

Address in full
............................................................................................................................................
...................................
Date:

Yours faithfully,
Signature.

Notes :

(1) The names in which the debentures are required should be mentioned in block
letters. If the debentures are to be held in joint names, the order in which the names are
to be written should be given. In the case of a registered body the debentures will be
issued in the name of the body itself.

(2) Specific mention should be of the Bank or Bank Office and the place where the
interest on debenture is to be drawn.

[(Form II)

[See rule 9(5A)]

Form of Public Notice for Notifying The Loss, Theft, etc. of Debentures

Public Notice

*Lost/Stolen/Destroyed/Mutilated/Defaced Debentures
The Maharashtra Housing and Area Development Authority Debentures (Series),
bearing No. ................................... originally standing in the name of Shri
.......................... and last endorsed in the name of the claimant having been
*lost/stolen/destroyed/mutilated/defaced, notice is hereby given that an application is
being made by the claimant to the Maharashtra Housing and Area Development
Authority for issue of duplicate debentures in favour of the claimant. The members of
public are, therefore, hereby cautioned against purchasing or otherwise in a any other
way dealing with the above mentioned debenture.
Name of the Claimant .........................................................................................
Place of Resident .................................................................................................]
* Strike out which is not applicable
G. N., H. & S. A. D., No. MHA.1087/(1457)/D-III, dated the 13th May, 1988 (M. G.,
Part IV-B, Pages 491) - In exercise of the powers conferred by section 41 of the
Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977)
the Government of Maharashtra hereby appoints Shri G. S. Pantbalekundri, Senior
Planner, Prime Minister's Grant Project, as Ex-officio Deputy Secretary to the
Government of Maharashtra, Housing and Special Assistance Department, for the
purposes of exercising the powers under section 41 of the said Act.
G. N. No. MHA. 1294/1128/D-111, dated the 9th August, 1994 (M. G., Part IV-B,
Pages 654) - In exercise of the powers conferred by section 41. of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), the
Government of Maharashtra hereby notifies the Additional Collector for (Encroachment)
and Controller of Slum, Bombay and Bombay Suburban District, Old Custom House,
Bombay 400 023 as ex-officio Deputy Secretary and Competent Authority to
Government of Maharashtra, Housing and special Assistance Department for the
purposes of exercising the powers under section 41 of the said Act.
This notification, supercedes the Government Notification, Housing and Special
Assistance Department, No. MHA. 1089/2275/D-XIII, dated the 7th June 1989 and shall
remain inforce until further orders.
G. N., H. & S. A. D., No. ARS 1288/CR-385/D-II, dated 19th August, 1988 (M. G., Part
IV-B., Pages 696) - Whereas, on a representation from the Prime Minister, Grant
Project/Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to enable that said Authority to discharge its
functions or to exercise its powers or to carry out its proposals and plans set out in Part
'I' of the Schedule hereto it is necessary that the lands with buildings specified in Part-II
thereof (hereinafter referred to as "the said land" with building) should be acquired;
As whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposes to acquire the said lands with building (if
any);
Now, therefore as required by the proviso to sub-section (1) of the section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column 3 of Part II of the Schedule hereto, who are the owner of
or who is in the opinion of the Government of Maharashtra are interested in the said
lands with existing buildings (if any) respectively mentioned in column 1 of the said Part-
II against them in show cause if any, within a period of thirty days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired? Any objections which may be received from any of the aforesaid persons
in respect of the said proposals before the expiry of the aforesaid period shall be
considered by the Ex-Officio Deputy Secretary, Housing and Special Assistance
Department and Secretary, Maharashtra Housing and- Area Development Authority,
Griha Nirman Bhavan, Bandra (E), Bombay 400 051.

Schedule

Part I

Reconstruction of the Building Nos. 25-27, 31-33, 35-37, 39-41 and 45-49 Umarkhadi
Road in 'B' Ward, bearing C. S. Nos. 1968, 1969, 1970, 1971(Pt) and 1972 of Mandvi
Division.

Part II

Description of land and Approximate area to Name and address of

buildings be acquired owner of land and
building
(1) (2) (3)
(1) 35-37, Umerkhedi C. S. No. 1970 Rambhau Daulat Puri,
Road, Mandvi Division. 182.92 sq. mtrs. The Rosario Co-op. Hng.
S. Ltd., Block 20, 6th
Floor, Ganga Bandi
Road, Mazgaon, Bombay
400 010.
(2) 39-41, Umerkhedi C. S. No. 1971(Pt.) Haji Jan Mohd. Haji
Road, Mandvi Division. 234.55 sq. mtrs. Deojibhai Jamal Trust, 5,
Jail Road, North X Lane,
Bombay 400 009.
(3) 45-49, Umerkhedi C. S. No. 1972 Smt. Kamlabai R.
Road, Mandvi Division. 417.22 sq. mtrs. Padwal, Ashok Niwas,
Nawroji Hill, Road, No.
5, Bombay 400 009.
G. N., H. & S. A. D., No. ARS. 1888/CR-4161D-II, dated the 19th October, 1988,
(M.G., Part IV-B, Pages 169) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its functions or to exercise its powers or to carry out its proposals, plans and
projects set out in Part 'I' of the Schedule hereto, it is necessary that the land specified
in Part thereof (hereinafter referred to as "the said land" with building) should be
acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 977) proposes to acquire the said land with existing
building (if any);
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of Part II of the Schedule hereto, who are the owner
of, or any other person who in the opinion of the Government of Maharashtra, are
interested in the said land with existing building (if any) respectively mentioned in
column (1) of the said Part II against them to show cause, if any, within a period of thirty
days from the date of publication of this notice in the Government of the Maharashtra
Government Gazette, why they should not be acquired any objections which may be
received by the Secretary, Maharashtra Housing and Area Development Authority,
Griha Nirman Bhavan, Bandra, (E) Bombay 400 051 from any of the aforesaid persons
in respect of the said proposals before the expiry of the aforesaid period shall be
considered by the Government.

Schedule

Part I

Reconstruction of Building Nos. 271-273C, 271A, 213-A, 213-B, 213-C, 269-C, 269, CB,
273A, 273-B, 267-B, 267-269A, 267 AB, Lower Parel Division, N. M. Joshi Marg,
G/South Ward, Bombay.

Part II

Description of land and Approximate Name and address of owner of

buildings area to be land and building
acquired and
C.S. No.
(1) (2) (3)
Building No, 271- 273C, 271-A, 3,457.39 sq, (1) Shri Sherar Jamshed Irani.
213-A, 213-B, 213-C, 269-C, mtrs. C. S. No. (2) Shri Kersap Gustad Irani.
269-CB, 273-A, 273-B, 267-B, 94. (3) Shri Jamshed Sheriar Irani.
267-269-A, 267-AB. (4) Shri Seriar Bazon Irani.
Lower Parel N. M. Joshi Marg, Trustees
G/South Ward, Bombay Naushir B. Irani, Sheth Kuteer,
2nd Dadisheth Road, Chowpati,
Bombay 400 007.
G.N., H. & S.A.D., No. ARS. 1382/1034/D-II, dated the 21st November, 1988 (M.G.,
Part IV-B, 1989 Pages 31) - Whereas, on a representation from the Bombay Housing
and Area Development Board it appears to the Government of Maharashtra that in
order to enable the said Board to discharge its function or to exercise its powers or to
carry out its proposals, plans or projects set out in Part-I of the Schedule hereto it is
necessary that the lands with building specified in Part II thereof (hereinafter referred to
as "the said lands with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its Notice
No. ARS. 1382/1034/D-II, dated 10th February, 1982 published on page 156 of Part IV-
B, Maharashtra Government Gazette, dated the .18th February, 1982 and served in the
prescribed manner, called upon the person mentioned in column (3) of Part II of
Schedule hereto who is the owner of the said land with building mentioned in column (1)
of the said Part II against him, to show cause within a period of thirty days from the date
of the publication of the aforesaid notice in the Maharashtra Government Gazette
(hereinafter referred to as "the said period") why the said land with building should not
be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire, the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of Building Nos. 77 to 103, Sant Sena Maharaj and 2 to 2b-A Bhandari
Street on C. S. Nos. 3963 to 3975 and 3792 Bhuleshwar Division, C Ward, Bombay.

Part II

Description of land Approximate Name and address

and buildings area to be of owner of land
acquired and building
(1) (2) (3)
Building No. 2-4 63.55 sq. Shri. Ramchandra
Bhandan Street. mtrs. Mansukhlal Mehta.
G.N., H. & S.A.D., No. ARS. 1379/30187/CR-69/D-II, dated the 21st November, 1988
(M.G., Part IV-B, 1989 Pages 34) - Whereas, on a representation from the Bombay
Housing and Area Development Board it appears to the Government of Maharashtra
that in order to enable the said Board to discharge its functions or to exercise its powers
or to carry out its proposals, plans or projects set out in Part I of the Schedule hereto it
is necessary that the lands with building specified in Part II thereof (hereinafter referred
to as "the said land with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
and Corrigendum No. ARS. 1379/30187/ CR-69-D-II, dated 19th May, 1981 and 23rd
November, 1981 published on pages 564 to 565 and 1882 of Part IV-B. Maharashtra
Government Gazette, Extraordinary Nos. 100 and 279, dated the 21st May, 1981, 27th
November, 1981 and served in the prescribed manner, called upon the person
mentioned in column (3) of Part II of the Schedule hereto who is the owner of the said
land with building mentioned in column 1 of the said Part II against him, to show-cause
within a period of thirty days from the date of the publication of the aforesaid notice in
the Maharashtra Government Gazette, (hereinafter referred to as "the said period") why
the said land with building should not be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire, the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of Building Nos. 3, 5, 5-A, 5-B, 12, 13, 14, 15 and 16 known of Boriki
Chawl, C. S. No. 605 of Bhuleshwar Division, Dadi Santok Lane, C-Ward Bombay.

Part II

Description of land Approximate Name and address

and buildings area of of owner of land
lands and building
proposed to
be acquired
(1) (2) (3)
5-A, 5-B, Dadi 217.71 sq. Shri Mukund V.
Santok Lane, C. S. mtrs. Kapadia
No. 605 of
Bhuleahwar
Division.
G.N., H. &. S.A.D., No. ARS. 1588/CR-684/D-II, dated the 28th November, 1988
(M.G., Part IV-B. 1989 Pages 62) - Whereas, on a representation from the Prime
Minister Grant Project/Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its functions or to exercise its powers' or to carry out its proposals and plans
set out in Part 'I' of the schedule hereto it is necessary that the lands with buildings
specified in Part II thereof (hereinafter referred to as "the said land" with building) should
be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977) proposes to acquire the said lands with building
(if any).
Now, therefore as required by the proviso to sub-section (a) of the section 41 of the
Maharashtra Housing and Area Development Act, 1976 notice is hereby given to
persons mentioned in column (3) of Part II of the schedule hereto, who are the owner of
or who is in the opinion of the Government of Maharashtra are interested in the said
lands with existing buildings (if any) respectively mentioned in column (1) of the said
Part II against them in show-cause, if any, within a period of thirty-days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired? Any objections which may be received by Ex-officio Deputy Secretary,
Housing and Special Assistance Department and Secretary, Maharashtra Housing and
Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051 from
any of the aforesaid persons with respect of the said proposal before the expiry of the
aforesaid period shall be considered by Government.

Schedule

Part I

Reconstruction of the building Nos. 53, 55, 57, 59, 61, (61-63), 63, 65, 67, 69, 71, (71-
73), 71-A, Kamathipura, 3rd lane, C. S. No. 920, 921, 922, 923, 924, 925, 926, 927,
928, 929, 930 and 70-A, 70, 68, 62, 56-58, 56-54, Kamathipura 2nd Lane C. S. Nos.
1/931, 931, 932, 933, 934, 935 Byculla Division,

Part II

Description of land and Approximate Name and address of owner of

buildings area of lands land and building
proposed to be
acquired
Plot Area
No. in Sq.
Mtrs.
(1) (2) (3)
1. Building No. 53, Kamathipura 920 96.99 Smt. P. S. Lamge, 53, 3rd
3rd Lane. Kamathipura Street, Bombay
400 008.
2. Building No. 55, Kamathipura 921 30.19 Smt. P. S. Lamge, 53, 3rd
3rd Lane. Kamathipura Lane, Bombay 400
008.
3. Building No. 57, Kamathipura 922 38.46 Shri M. J. Shetty, 57, 3rd
3rd Lane. Kamathipura Lane, Bombay 400
008.
4. Building No. 59, Kamathipura
3rd Lane.
5. Building No. 61, (62-63),
Kamathipura 3rd Lane.
6. Building No. 63, Kamathipura
3rd Lane.
7. Building No. 65, Kamathipura
3rd Lane.
8. Building No. 67, Kamathipura
3rd Lane.
9. Building No. 69, Kamathipura
3rd Lane.
10. Building No. 71, (71-73),
Kamathipura 3rd Lane.
11. Building No. 71-A. K.P. 3rd
Lane and Manaji Rajuji Road.
12. Building No. 70-A 2nd K.P.
Lane, (113-115, M.R. Road)
13. Building No. 70,
Kamathipura 2nd Lane.
14. Building No. 68,
Kamathipura 2nd Lane.
15. Building No. 62,
Kamathipura 2nd Lane.
923 2.76 Smt. Manikbai V. Bhusrath,
Bhusrath Wadi, Datta Mandir
Road, (Pipe Line), Vakola,
Santacruz (East), Bombay 400
055.
924 42.64 Shri Husainbhai N. E. Diwani,
Badri Mahal, D. N. Road,
Bombay 400 001.
925 24.25 Shri Umakant S. Manda, A/6,
Roas Blossom Housing Society,
Sitaladevi Temple Road, Mahim,
Bombay.
926 64.38 Shri D. S. Chilwan. 65, 3rd
Kamathipura Street, Bombay
400 008.
927 47.66 Shri G. G. Yelmane, Manaji
Building, Old Chikhalwadi,
Grant Road, Bombay 400 007.
928 105.35 Shri Waghee Mafatlal, Gopaldas
and Shri Waghela, Ashok
Mafatlal, 69, 3rd K. P. Street,
Bombay.
929 25.92 Shri V. S. Kalewar, 70, 3rd K. P.
Street, Bombay 400 008.
930 76.92 Shri P. N. Rajuji. 57, K. P.
Street, Bombay 400 008.
931 100.34 Shri Taherbhoy Fidahussein,
C/o. Luciy Trading Corporation,
272, Abdul Rahaman Street,
Bombay 400 003.
1/931 42.64 Shri Umakant S. Manda, A-6,
Roas Blossom Housing Society,
Sitaladevi Temple Road, Mahim,
Bombay 400 016.
932 69.4 Smt. R.Y. Ekkoldevi, Ajanta
Compounds Gauripada,
Bhiwandi, District Thane.
933 107.02 Shri G.G. Yelmane, Manaji
Road, Old Chikhaiwadi, Grant
Road, Bombay 400 007.
 16. Building No. 56-58 934 103.68 Smt. Laxmibai Ambaram, 58, 2nd
Kamathipura 2nd Lane. K.P. Street, Bombay 400 008.
17. Building No. 54-56, 935 117.06 Shri C.A. Lane, 56, 2nd K.P.
Kamethipura 2nd Lane. Street, Bombay 400 008.
G.N., H. & S.A.D., No. ARS. 1588/CR/727/D-II, dated the 3rd December, 1988 (M.G.,
Part IV-B, 1989 Pages 69) - Whereas, on a representation from the Prime Minister's
Grant Project, Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to enable the said Authority to discharge its
functions or to exercise its powers or to carry out its proposals and plans set out in Part
'I' of the schedule hereto, it is necessary that the lands with building as specified in Part-
II thereof (hereinafter referred to as "the said land" with building) should be acquired;
And whereas the Government of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), proposes to acquire the said lands with
building (if any);
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of Part II of the schedule hereto, who are the owner of
or who is in the option of the Government of Maharashtra are interested in the said
lands with existing buildings (if any) respectively mentioned in column (1) of the said
Part II against them in show cause, if any, within a period of thirty days, from the date of
publication of this notice in the Maharashtra Government Gazette why they should not
be acquired? Any objections which may be received by the Ex-officio, Deputy Secretary,
Secretary to the Government of Maharashtra in the Housing and Special Assistance
Department and Secretary, Maharashtra Housing and Area Development Authority,
Griha Nirman Bhavan, Bandra (East), Bombay 400 051, from any of the aforesaid
persons with respect of the said proposal before the expiry of the aforesaid period shall
be considered by the Government.

Schedule

Part I

Reconstruction of the building Nos. 104, 106-108, 110, 112, 114, K. P. 2nd St. and
Building Nos. 95, 99 K. P. 3rd St. and Building Nos. 91-A, 91, Suklaji Street, 'E' Ward
Bombay.

Part II

Description of land and Approximate area of Name and address of owner

buildings lands proposed to be of land and building
acquired
C.S. Area Sq.
No. Mtrs.
 (1) (2) (3)
1. Building No. 104, K. P. 2nd 64 141.3 Smt. Hawab Begam
Street. Kashmiri, 104, 2nd
Kamathipura Street, Bombay
400 008.
2. Building No. 106-108, K. P. 6362 57.6968.56 Shri Haji Israr Alam 62
2nd Street, (95, 3rd K. P. St.). 68.56 Madina Restaurant,
130, Suklaji Street, Bombay
400 008.
3. Building No. 110, K. P. 2nd 61 87.79 Shri Haji Israr Alam,
Street. Madina Restaurant, 130,
Suklaji Street, Bombay 400
008.
4. Building No. 112, K. P. 2nd 60 54.35 Shri Mohamed Anwar
Street. Qureshi, Block No. 8,
Transwal Terrace, Corner of
Grant Road and Falkland
Road, Bombay 400 008.
5. Building No. 114, K. P. 2nd 59 73.58 Mr. Momin Mohamed
Street (99, K. P. 3rd St.) Umar, Block No. 8,
Transwal Terrace Corner of
Grant Road and Falkland
Road, Bombay 400 008.
6. Building No. 91-A, Suklaji 581/58 147.99165.55 The Frontier Laundry, 1/58
Street, (2nd K. P. S.), Building 165.55 94, Suklaji Street,
No. 91, Suklaji Street (3rd K. Bombay 400 008.
P. St.).
G. N., H. & S.A.D., No. ARS. 1088/CR-728/Desk-II, dated the 3rd December, 1988
(M.G., Part IV-B, Pages 72) - Whereas, on representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals, plans and
projects, it is necessary that the land/lands with the buildings specified hereto
(hereinafter referred to as the land with building) should be acquired ;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with buildings;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column (3) of the Schedule hereto,
who are the owner of or who, in the opinion of the Government of Maharashtra, are
interested in column (2) of the said Schedule against them to show cause if any, within
a period of thirty days from the date of publication of the notice in the Maharashtra
Government Gazette, why they should not be acquired. Any objection which may be
received by the Ex-officio Deputy Secretary to Government of Maharashtra in the
Housing and Special Assistance Department and Secretary, Maharashtra Housing and
Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051, from
any of the aforesaid persons with respect of the said proposal before expiry of the
aforesaid period shall be considered by the Government.
Description of land and Approximate Name and address of owner
buildings area of lands of land and building
proposed to
be acquired
(1) (2) (3)
Sq. Mtrs.
1. 5, 3rd Koli Lane, 7, 9, 11, 78.6 (i) Smt. Prabhavati Kawal, 7,
Manekji St. on C.S. No. 260 9, 11 Manekji Street, 2nd
of Colaba Division. Floor, Colaba, Bombay 400
005.
(ii) Jagannath Nilkanth
Ganju, 3rd Koh Lane,
Colaba, Bombay 400 005.
Set forward area of 3rd Koli 23.53 Shri Govardhandas Liladhar,
Lane , C.S. No. 261 (pt.) of 267, Dr. Vigus Street, Chira
Colaba, Division. Bazar, Dhanji Malaji Mala,
IInd floor, Bombay 400 002.
G. N., H. & S.A.D., No. ARS. 1988/746/Desk-II, dated the 3rd December, 1988 (M.
G., Part IV-B, 1989 Pages 75) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its Function or to exercise its powers or to carry out its proposals and plans, it
is necessary That the lands with the buildings specified hereto (hereinafter referred to
as "the said Lands with building") should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977) proposes to acquire the said land with Buildings
(if any);
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of the Schedule hereto, who are the owner of or who,
in the opinion of the Government of Maharashtra are interested in the said land with the
buildings respectively mentioned in column (1) of the said Schedule against them to
show cause, if any within a period of thirty days from the date of publication of this
notice in the Maharashtra Government Gazette, why they should not be acquired. Any
objections which may be received from any of the aforesaid persons in respect of the
said proposal before the expiry of the aforesaid period shall be considered by the Ex-
Officio Deputy Secretary to Government and the Secretary, Maharashtra Housing and
Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051.

Schedule

Description of land and Approximate Name of the owners of land with

buildings area of lands building
proposed to be
acquired
(1) (2) (3)
Sq. Mtrs.
1. Building No. 14, C. S. 1002, 147.99 Shri Javat Aga and others
Mahim Division. building No. 14, Dana Gully,
Mahim, Bombay 400 016.
2. Building No. 15, C. S. No. Hakim Sayed Niyazali and
2/997, Mahim Division. others Building No. 15, Dana
57.69 Gully, Mahim, Bombay 400 016.
3. Building No. 30, C. S. No.
3/997, Mahim Division.
4. Building No. 16, C. S. No. 158.86 Kazi Noormohmad Bin and
3/997, Mahim Division. others. Building No. 16, Dana
Gully, Mahim, Bombay 400 016.
5. Building No. 17, C. S. No. 81.94 Sakharam Dhondiba Masurle
1009, Mahim Division. and others. Building No. 17,
Dana Gully, Mahim, Bombay
400 016
6. Building No. 17A, C. S. No. 103.68 Hakim Sayad Niyazali and
1010, Mahim Division. others, Building No. 17A, Gully,
Mahim, Bombay 400 016.
7. Building No. 17B, C. S. No. 67.73 Andraj Hansraj, House No. 17B,
3/997, Mahim Division. Dana Gully, Mahim, Bombay.
8. Building No. 161-163, Mahim 118.96 Shakoor Husain Ayub Shakoor,
Division. Building No. 161-163, Savarkar
Marg, Mahim, Bombay 400 016.
9.Building No. 165-167, C. S. 168.06 Khatijabhai Umar Abdul Karim,
No. 1011, Mahim Division. Building No. 165-167, Veer
Savarkar Marg, Mahim, Bombay
400 016.
G. N., H. & S.A.D., No. ARS. 1388/747/D-II, dated the 3rd December, 1988 (M.G.,
Part IV-B, 1889 Pages 79) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authorities, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its functions or to exercise its powers or to carry out its proposals, plans and
projects set out in Part I of the Schedule hereto it is necessary that the land specified in
Part II thereof (hereinafter referred to as "the said land" with building) should be
acquired;
And whereas, the/GOvernment of Maharashtra in exercise of the powers conferred by
the sub-section (1) of section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with existing
building (if any);
Now, therefore, as required by the proviso to sub-Section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of Part II of the Schedule hereto, who are the owner
of' or who in the opinion of the Government of Maharashtra are interested in the said
land with existing building (if any) respectively mentioned in column (1) of the said Part
II against them to show cause, if any, within a period of thirty days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired, any objections which may be received by the Ex-officio Deputy Secretary
to the Government of Maharashtra, Housing and Special Assistance Department and
Secretary, Maharashtra Housing and Area Development Authority, Griha Nirman
Bhavan, Bandra, Bombay 400 051 from any of the aforesaid persons with respect of the
said proposal before the expiry of the aforesaid period shall be considered by the
Government.

Schedule

Part I

Urban Renewal Scheme at C. S. Nos. 275, 276, 277, 278, 279, 280, 281, 282 and 283
of Bhuleshwar Division, 4th Marine Street 'C' Ward, Bombay.

Part II

Description of land and Approximate Name of the landlord and Address

buildings area of lands
proposed to be
acquired
(1) (2) (3)
1. Building No. 46-48- C.S. No. 275 (i) Shri Lalji Chika Makanlalji,
50, 4th Marine Street. Area 210.70
(ii) Smt. Jamnabai, Room No. 22,
sq.m.
Building No. 48-50, 4th Marine Street,
Dhobi Talao, Bombay 400 002.
(iii) Shri Jagjivan Makan, 48, Marine
Street, Dobhi Talao, Bombay 400 002
 2. Building No. 42-44, C.S. No. 276 Shri Badri Prasad Sidgopal, Moose
4th Marine Street. Area 111.20 Building, 516, 2nd floor, Kalbadevi
sq.m. Road, Near Edward Cinema, Bombay
400 002.
3. Building No. 38-40, C.S. No. 277 Shri Vasant Hansari Shah and Shri
4th Marine Street. Area 161.37 Kantilal Shivraj Patel, 3/5, 4th Marine
sq.m. Street, Dhobi Talao, Bombay 400 002,
4. Building No. 34-36, C.S. No. 278- (i) Narayan Reddi, 34, 4th Marine Street,
4th Marine Street. 279, Area Dhobi Talao, Bombay 400 002.
120.40 sq.m.
(ii) Jethalal Meghji, 52, Trinity Street,
Bombay 400 002.
5. Building No. 32-32- C.S. No. 280 (i) Hajrabai
A, 4th Marine Street. Area 56.00
(ii) Narayan Das T. Dudhani, 21/321, No.
sq.m.
4, Sardar Nagar, Sion-Koliwada, Bombay
400 037.
6. Building No. 30, 4th C.S. No. 281 Smt. Amitaji Masani, 30-4th Marine
Marine Street. Area 61.87 Street, Dhobi Tala.o, Bombay 400 002.
sq.m.
7. Building No. 20, 4th C.S. No. 282, Yusuf Ahmed Butler, 3rd floor;
Marine Street. Area 73.49 Topiwalla Mansion, 95, Mohammed All
sq.m. Road, Bombay 400 003
8. Building No. 18, 4th C.S. No. 283 Sakinabai A. Rehman, Mohammed Yusuf
Marine Street. Area 65.22 Chawl-2, Wellington Street, Dhobi Talao,
sq.m. Bombay 400 002
G. N., H. & S.A.D., No. ARS. 1488/CR-9853/D-II, dated the 3rd December, 1988
(M.G., Part IV-B, 1989 Pages 106) - Whereas, on a representation from the Prime
Minister's Grant Project, Directorate, Maharashtra Housing and Area Development
Authority it appears to the Government of Maharashtra that in order to enable the said
Authority to discharge its functions or to exercise its powers or to carry out its proposals,
plans, it is necessary that the lands with building specified hereto (hereinafter referred to
as "the said lands with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its Notice
No. ARS. 1488/CR-9853/D-II, dated 25th February, 1988, published on pages 109 to
110 of Part IV-B, Maharashtra Government Gazette, Extraordinary No. 40, dated the
29th February, 1988 and served in the prescribed manner, called upon the person
mentioned in column (3) of the Schedule hereto who is the owner of the said land with
buildings mentioned in column (1) of the said Schedule against him, to show cause
within a period of thirty days from the date of the publication of the aforesaid notice in
the Maharashtra Government Gazette (hereinafter referred to as "the said period") why
the said land with building should not be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the, in powers conferred by sub-section (1) of section 41 of the
said Act, the Government of Maharashtra hereby decides to acquire the said land with
building in pursuance of the said section.

Schedule

Description of land and Approximate Name of the owner of the

buildings area of lands with buildings
lands
proposed to
be acquired
(1) (2) (3)
Building Nos. 1 to 11 5630.48 sq. Trustees, Harkisandas
G.S. No. 370 of Girgaon m. Narottamdas Hospital.
Division.
G. N., H. & S. A., No. ARS. 1888 774/Desk-II dated the 12th December, 1988 (M. G.,
Part IV-B., 1989 Pages 111) - Whereas, on representative from the Prime Minister's
Grant Project, Directorate Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals, plans and
projects, it is necessary that the lands with the buildings specified hereto (hereinafter
referred to as the land with building) should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with the
buildings;
Now therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in the column (3) of Schedule hereto,
who are the owners of or who, in the opinion of the Government of Maharashtra are
interested in the said land with building respectively mentioned in the column of the said
Schedule against them to show cause, if any within a period of thirty (30) days from the
date of publication of the notice in the Maharashtra Government Gazette, why they
should not be acquired. Any objections which may be received by the Ex-Officio Deputy
Secretary to Government of Maharashtra in the Housing and Special Assistance
Department and Secretary, Maharashtra Housing and Area Development Authority,
Griha Nirman Bhavan, Bandra Bombay 400 051 from any of the aforesaid persons with
respect of the said proposal before the expiry of the aforesaid period shall be
considered by the Government.

Schedule
 Description of land and Approximate Name and address of the
buildings area of owners of land with
lands buildings
proposed to
be acquired
(1) (2) (3)
Building No. 1 to 6, 3,514.38 Sq. Shri D. R. Kalewar and
Final Plot No. 1064(pt), meters others. Owner of the
T.P.S. IV, Mahim Kalewar Chawls, Std.
Division. Mill Lane, Kalewar
Mansion, Babulnath
Road, Bombay 400 007.
G. N., H. & S. A. D., No. ARS. 1888/CR-782/D-II, dated the 12th December, 1988 (M.
G., Part IV-B, 1989 Pages 144) - Whereas, on a representation from the Prime
Minister's Grant Project, Directorate, Maharashtra Housing and Area Development
Authority, it appears to the Government of Maharashtra that in order to enable the said
Authority to discharge its function or to exercise its powers or to carry out its proposals,
plans and projects it is necessary that the Land-the Lands with the buildings specified
hereto (here in after, referred to as the land with building) should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with the building;
Now therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in the column (3) of Schedule hereto,
who are interested in the said land with the building respectively mentioned in the
column (1) of the said Schedule against them to show cause, if any, within a period of
thirty (30) days from the date of publication of the notice in the Maharashtra
Government Gazette, why they should not be acquired. Any objections which may be
received by the Ex-Officio Deputy Secretary to Maharashtra Housing and Special
Assistance. Department and Secretary, Maharashtra Housing and area Development
Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 051 from any of the aforesaid
persons with respect of the said proposal before expiry of the aforesaid period shall be
considered by the Government.

Schedule

Description of land and Approximate Name and Address of

buildings area of owner of land with
lands building
proposed to
be acquired
(1) (2) (3)
 Building No. 275A, B, 1,408.87 Sq. Shah Damji Gowar
C, N. M. Joshi Margin meters Devji, G.I.P. Lane,
G/S. Ward on C. S. No. Lower Parel, Bombay
93 of Lower Parel 400 012.
Division.
G. N., H. & S.A.D. No. ARS. 1588/768/D-II, dated the 12th December, 1988 (M. G.,
Part IV-B, 1989 Pages 116) - Whereas, on a representation from the Prime Minister's
Grant Project, Directorate, Maharashtra Housing and Area Development Authority, it
appears to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals, plans and
projects set out in Part I of the Schedule hereto it is necessary that the land specified in
Part II thereof (hereinafter referred to as "the said land" with building) should be
acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing an Area Development Act,
1976 (Maharashtra XXVIII of 1977), proposes to acquire the said land with buildings (if
any);
Now therefore, as required by the proviso to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in the column (3) of Part II of the Schedule hereto, who are the
owners of or who in the opinion of the Government of Maharashtra are interested in the
said land with existing building (if any) respectively mentioned in column (1) of the said
Part II against them in show cause, if any, within a period of thirty days from the date of
publication of this notice in the Maharashtra Government Gazette, why they should not
be acquired, any objection which may be received by the Ex-Officio Secretary to
Government, Housing and Special Assistance Department, C/o. Maharashtra Housing
and Area Development Authority, Griha Nirman Bhavan, Bandra (E), Bombay 400 057
from any of the aforesaid persons with respect of the said proposal before the expiry of
the aforesaid period shall be considered by the Government.

Schedule

Part I

Reconstruction of Building No. 543A, N. M. Josh Marg, Ward 'E'.

Part II

Description of land and Approximate Name of the landlord

buildings area of and Address
lands
proposed to
be acquired
(1) (2) (3)
 Building No. 543 A, N. 623.51 Sq. Shri Vasant Contractor,
M. Joshi Marg, C.S. No. meters C-252, Anand, 17th Juhu
2030 (Part). Lane, Andheri (W),
Bombay 400 058.
G. N., H. & S. A. D., No. -ARS. 1988/CR-683/Desk-II, dated the 12th December, 1988
(M. G., Part IV-B, 1989 Pages 119) - Whereas, on a representation from the Prime
Minister's Grant Project, Directorate, Maharashtra Housing and Area Development
Authority, it appears to the Government of Maharashtra in order to enable the said
Authority to discharge its function or to exercise its powers or to carry out its proposals
and plans, it is necessary that the lands with the buildings specified hereto (hereinafter
referred to as "the said lands" with buildings) should be acquired.
G.N., H. & S.A.D., No. DRS. 1288/(877)/D-V, dated 14th December, 19813 (M.G.,
Part 1989 Pages 131) - Whereas, on representation from the Prime Minister's Grant
Project/Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to unable the said authority to discharge its
functions or to exercise its powers or to carry out its proposals and -plans set out in Part
I of the Schedule hereto it is necessary that the lands with buildings specified in Part II
thereof (hereinafter referred to as "the said lands" with buildings) should be acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposes to acquire the said lands with building (if
any);
Now, therefore, as required by the proviso to sub-section (1) of the section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in Column (3) of Part II of the schedule hereto, who are the owners
of or who are in the opinion of section (3) of section 1 of the Maharashtra Industrial
Development Act, the State Government are interested in the said lands with existing
buildings, (if any) respectively mentioned in Column (1) of the said Part II against then
to show cause, if any within a period of thirty days from the date of publication of this
notice in the Maharashtra Government Gazette, why they should not be acquired. Ahoy
objection which may be received by the Secretary to Government of Maharashtra in
Housing and Special Assistance Department, Mantralaya, Bombay 400 032. From any
of the aforesaid persons with respect to the said proposal before expiry of the aforesaid
period shall be considered by Government.

Schedule

Part I

Acquisition of private lands in C. S. No. 101(pt.), 317(pt), 1/31(pt.), 4/317(pt.), 5/317(pt),

6/317, 7/317, 318(pt), 325(pt), 326, 327, 1/327 and 328(pt) of Dharavi for
redevelopment of slum improvement.

Part II
 Description of land Approximate Name of the owners of the lands
and buildings area of lands
proposed to
be acquired
(1) (2) (3)
Sq. meters
Dharavi -C.S. No. 517.26102.13 Smt. Baxijaiji Harmasad Jamsp.Shri
101 (pt)C.S. No. 317 Bande Alibhoy Sowaji, Ismailbhoy
(pt.) Sowaji Navaroji Rusturof Wadia,
Haji Elsa Haji Usman B-The
Bombay South India Adi Dravid
Mahajan Sangh.
C.S. No. 1/317 (pt) 4,332.88 Shri Abdul Bakar Haji Eisa Usman.
C.S. No. 4/317 (pt) 1,994.76 Shri Usman Haji Mohamad 1/2
share.Shri Ibrahim Haji Mohamad
1/4 share.Shri Ismail Haji Mohamad
1/4 share.
C.S. No. 5/317 (pt) 6,263.41 Shri Hadhar Amina Pal (Lessee).Shri
Sanaji Bon Banarjee (Lessor).
C.S. No. 6/317 428.25 Shri Ahamadbhay Abedeenbhoy
Pearbhoy (Lessor).Shri Laxman
Manikrao Shinde (Lessee).
C.S. No. 7/317 2,825.89 Shri Ahamdbhoy Abedeenbhoy
Peerbhoy (Lessor).Shri Laxman
Manikrao Shinde (Lessee).
C.S No. 318 (pt) 585.39 The Bombay South India Adi Dravid
Mahajan Sangh.
C.S. No. 325 (pt) 1,713.38 Shri Lavaji Bhima Chunilal Harkar
Lal.
C.S. No. 326 9,225.03 Smt. Saraswatibai Pratap Sitaram
Pandit (Lessor).
C.S. No. 327 234.00 The Western India Tanneries
Limited (Lessee).
C.S. No. 1/327 1,430.13 The Western India Tanneries
Limited. Shri Usman Haji Mahamed.
C.S. No. 328 (pt) 17,184.90 Shri Usman Haji Mahamed.
Total 46,837.04
G. N., H. & S.A.D., No. ARS. 1588/9985/D-II, dated the 13th January, 1989 (M.G.,
Part IV-B, Pages 92) - Whereas, on a representation from the Bombay Housing and
Area Development Board it appears to the Government of Maharashtra that in order to
enable the said Board to discharge its functions or to exercise its powers or to carry out
its proposals plans or projects set out in Part I of the Schedule hereto it is necessary
that the lands with buildings specified in Part II thereof (here in after referred to as the
said land with buildings") should be acquired ;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ARS. 1588/9985/D-II, dated 21st March, 1988 published on pages 195 to 196 of
Part IV-B, Maharashtra Government Gazette, Extraordinary No. 57, dated 21st March,
1988 and served in the prescribed manner, called upon the person mentioned in column
(3) of Part II of the Schedule hereto who is the owner of the said land with building
mentioned in column (1) of the said Part II against him, to show-cause within a period of
thirty days from the date of the publication of the aforesaid notice in the Maharashtra
Government Gazette, (hereinafter referred to as "the said period") why the said land
with building should not be acquired;
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of Building Nos. 2, 4, 6, 8, 10, 10A, 12, 14, Kamathipura, 12th lane, C.S.
Nos. 419 to 422, 425, 426.

Part II

Description of land and Approximate Name of the owner of the lands

buildings area of lands with buildings
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Building No. 2, Kamathipura, C. S. No. Smt. Avabal Sarkari and others
12th lane. 426190.64 sq. 32, Khetwadi Back Road,
mtrs. Bombay.
 2. Building No. 4, Kamathipura, C. S. No. Shri V.S. Kunta, R. No. 4,
12th lane. 42545.15 sq. Kamathipura, 12th lane, Bombay
mtrs. 400 008.
3. Building No. 10, C. S. No. Smt. Fatima Hassamal
Kamathipura, 12th lane. 42223.41 sq. Hemjavaal C/o. Shri Babu
mtrs. Rajanna Teddu, R. No. 10,
Kamathipura, 12th lane, Bombay
400 008.
4. Building No. 10A, C. S. No. Smt. Rajubai Yelappa,
Kamathipura, 12th lane. 42121.74 sq. Kamathipura, 12th lane, Bombay
mtrs. 400 008.
5. Building No. 12, C. S. No. Shri Raghunath R. Chiplunkar,
Kamathipura, 12th lane. 42035.12 sq. Kamathipura, 12th lane, Bombay
mtrs. 400 008.
6. Building No. 14, C. S. No. Shri Bhoomibai Lingana
Kamathipura, 12th lane. 41980.27 sq. Burivar, C/o. P. E. Butaiwar, 13,
mtrs. Kamathipura, 12th lane, Bombay
400 008.
G.N., H. & S.A.D., No. ARS.-1587/9322-D II, dated the 16th January, 1989, (M. G.,
Part IV-B, Pages 100) - Whereas on a representation from the Bombay Housing and
Area Development Board it appears to the Government of Maharashtra that in order to
enable the said Board to discharge its functions or to exercise its powers or to carry out
its proposals, plans or projects set out in Part I of the Schedule hereto it is necessary
that the lands with building specified in Part II thereof (hereinafter referred to as "the
said lands with buildings") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its
notices Nos. ARS. 1587/9322/D-II, dated 26th May, 1987, 7th September, 1987 and
Corrigendum No. ARS. 1587/9322/D-II, dated 24th February, 1988, published on pages
197 to 198, 295 to 297 and 112 of Part IV-B of the Maharashtra Government Gazette,
Extraordinary Nos. 80, 120 and 40 respectively and served in the prescribed manner,
called upon the person mentioned in column (3) of Part II of the Schedule hereto who is
the owner of the said land with building mentioned in column (1) of the said Part II
against him, to show-cause within a period of thirty days from the date of the publication
of the aforesaid notice in the Maharashtra Government Gazette (hereinafter referred to
as "the said period") why the said land with building should not be acquired;
And whereas the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act, the Government of Maharashtra hereby decides to acquire the said and with
building in pursuance of the said section.

Schedule
Part I

Reconstruction of building Nos. 134 (132-136), 140 (138-140), Shankarrao Pupala

Road, Building Nos. 30-32, 34, 36, 36-38, 40, 42, 44, 46, 49, 50-52, Kamathipura, 2nd
lane, building Nos. 23, 25, 27, 29, 33, 3?, 39, 41, 43, 45, 47, 49, 51 Kamathipura, 3rd
lane, C. S. Nos. 905, 948, 947, 946, 945, 944, 943, 942, 941, 940 939, 938, 937, 906,
907, 908, 909, 910, 911, 913, 914, 915, 916, 917, 918, 919, "E" Ward.

Part II

Description of land and Approximate Name of the land lord and

buildings area of lands Address
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Building No. 140, (138-140) C.S. No. Smt. Mariammabai Valvi
S.P. Road. 948,95.60 sq. Mojammad, Rabiyabai Manzil,
mtrs. 4th floor, Room No. 8, New
Kazi Street, Nalbazar, Bombay
400 003.
2. Building No. 134, (132-136) C.S. No. Shri Hemandra Samaji Malde,
S.P. Road. 905,142.14 sq. 132/134, S. P. Road, 21,
mtrs. Kamathipura, 3rd Floor, Bombay
400 008.
3. Building No. 33, 3rd Lane, C.S. No. Smt. Jayashree Motiram
Kamathipura. 910,61.50 sq. Dhamnakar 52, 2nd Duncon
mtrs. Cross Lane, 1st floor, Bombay
400 004.
4. Building No. 37, 3rd Lane, C.S. No. Shri Ramkrishna Khandu Wagh,
Kamathipura. 911,37.63 sq. and 2nd Floor, 72, 3rd
mtrs and C.S. Kamathipura Road Bombay 400
No. 912, 40.13 008.
sq. mtrs.
5. Building No. 49, 3rd Lane, C.S. No. Smt. Laxmibai V. Hemke,
Kamathipura. 918,49.33 sq. Usman Tukaram Chawl, Indira
mtrs. Nagar, Road No. 5, Kanjurmarg,
Bombay 400 078.
6. Building No. 51, 3rd Lane, C.S. No. Shri P. N. Rajasee, 51, 3rd Lane,
Kamathipura. 919,85.29 sq. Kamathipura, Bombay 400 008.
mtrs.
 7. Building No. 47, 3rd Lane, C.S. No. Shri Jenbai Venshi Malde, C/o.
Kamathipura. 917,45.15 sq. Khatbai Chunilal Vershi
mtrs. Kooversi 44, 2nd Lane,
Kamathipura.
8. Building No. 39, 3rd Lane, C.S. No. Shri Bapuram Rajaram Chitka,
Kamathipura. 913,45.15 sq. 39, 3rd Lane, 1st floor,
mtrs. Kamathipura, Bombay 400 008.
9. Building No. 40, 2nd Lane, C.S. No. Shri V. M. Ajukar, Satyanarayan
Kamathipura. 942,81.10 sq. Bhavan, Room No. 5, 1st floor,
mtrs. S. P. Road, 2nd Lane,
Kamathipura, Bombay 400 008.
10. Building No. 44, 2nd Lane, C.S. No. Shri Chunilal Khimta Desai, 44,
Kamathipura. 940,64.94 sq. 2nd Kamathipura, Bombay 400
mtrs. 008.
11. Building No. 25, S.P. Road, C.S. No. Shri Kakaji Patajee, C/o. P.'H.
3rd Lane, Kamathipura. 907,26.76 sq. Rajujee, 51, 3rd Lane, S. P.
mtrs. Street, Bombay 400 008.
12. Building No. 26, S.P. Road, C.S. No. Shri V. S. Kalewar, 70, 3rd S. P.
3rd Lane, Kamathipura. 909,30.94 sq. Street, Bombay 400 008
mtrs.
13. Building No. 41, S.P. Road, C.S. No. Shri Balkrishna Shamsunder
3rd Lane, Kamathipura. 914,91.14 sq. Karpe, 349, Rasta Peth, Laxmi
mtrs. Building, 1st floor Opp. K.E.M.
Hospital, Pune 411 011.
14. Building No. 43, S.P. Road, C.S. No. Shri Suleman Y. Kapadia,
3rd Lane, Kamathipura. 915,32.61 sq. Rumani, Manzil, Khandia Street,
mtrs. Bombay 400 008.
15. Building No. 45, S.P. Road, C.S. No. Smt. Paruti Balkrishna Pawar,
3rd Lane, Kamathipura. 916,32.61 sq. 45, 3rd S. P. Road, Bombay 400
mtrs. 008.
G.N., H. & S.A.D., No. ARS. 1988/952/Desk-II, dated the 27th January, 1989 (M. G.,
Part IV-B, Pages 188) - Whereas, on a representation from the Prime Minister's Grant
Project, Directorate, Maharashtra Housing and Area Development Authority, it appears
to the Government of Maharashtra that in order to enable the said Authority to
discharge its function or to exercise its powers or to carry out its proposals and plans, it
is necessary that the lands with the buildings specified hereto (hereinafter referred to
"the said lands" with buildings) should be acquired;
As whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposes to acquire the said land with buildings (if
any);
Now therefore, as required by the provision to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976, notice is hereby given to
persons mentioned in column (3) of the Schedule hereto who are the owners or who, in
the opinion of the Government of Maharashtra are interested in the said land with the
buildings respectively mentioned in column (15, of the said Schedule against them to
show cause, if any with a period of thirty days from the date of publication of this notice
in the Maharashtra Government Gazette, why they should not be acquired. Any
objections which may be received by the Ex-Officio Deputy Secretary to Government of
Maharashtra in the' Housing and Special Assistance Department and Secretary,
Maharashtra Housing and Area Development Authority, Griha Nirman Bhavan, Bandra
(E), Bombay 400 051 from any of the aforesaid persons with respect of the said
proposal before the expiry of the aforesaid period shall be considered by the
Government.

Schedule

Description of land and Approximate Name of the owners of the land

buildings area of lands with address
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Land bearing C. S. No. 688, 165.55 Mr. Sylvester D'Souza, 177A,
with building No. 177-177-A, Veer Savarkar Marg, Mahim,
Veer Savarkar Marg, G/N Ward, Bombay 400 016.
Mahim Division.
2. Land bearing C. S. No. 689 145.48 Mr. Pascal Mandonca, 173, Veer
with building No. 173, Veer Savarkar Marg, Mahim, Bombay
Savarkar Marg, G/N Ward, 400 016.
Mahim Division.
3. Land bearing C. S. No. 690 158.03 Mr. R. B. Dhanoo, Veer
with building No. 173-A, 173A, Savarkar Marg, Mahim, Bombay
Veer Savarkar Marg, G/N Ward, 400 016.
Mahim Division.
4. Land bearing C. S. No. 1017 47.1 Smt. Zubedabai, D/o. Abdul
with building No. 171, Veer Gani W/o. Habib Wali
Savarkar Marg, G/N Ward, Mohammad, Veer Savarkar
Mahim Division Marg, Mahim, Bombay 400 016.
5. Land bearing C. S. No. 691 105.35 Mr. Pandurang A. Patil, 40A
with building No. 40A, Sitaladevi Temple Road, Mahim,
Sitaladevi Temple Road, G/N Bombay 400 016.
Ward, Mahim Division.
 6. Land Bearing C. S. No. 696 282.53 Smt. Bayabai Kazi, Trust
(pt) with building No. 40B, Property, Garden View, Flat No.
Sitaladevi Temple Road, G/N 301, Plot No. 41, 16th Road,
Ward, Mahim Division. Bandra Bombay 400 050.
7. Land bearing C. S. No. 1016 138.80 Mr. Mohamad Afzal A. Hawa,
with building No. 40C, 120-122, Masjid Bunder Road,
Sitaladevi Temple Road, G/N Bombay 400 003.
Ward, Mahim Division.
Total 1042.84
G.N., H. & S.A.D., No. ARS. 1486/8900/D-II, dated the 29th January, 1989 (M.G.,
Part IV-B, Pages 192) - Whereas, on a representation from the Prime Minister's Grant
Project Maharashtra Housing and Area Development Authority, it appears to the
Government of Maharashtra that in order to enable the said Authority to discharge its
functions or to exercise its powers or to carry out proposals, plans or projects set out in
Part I of the Schedule hereto it is necessary that the lands with building specified in Part
II thereof (hereinafter referred to as "the said lands with building") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ARS. 1486/8900/D-II, dated 18th December, 1986 published on pages 1141 to
1143 of Part IV-B, Maharashtra Government Gazette, Extraordinary No. ,
....................................... dated the 18th December, 1986 and served in the prescribed
manner, called upon the person mentioned in column (3) of the Part II of the Schedule
hereto who is the owner of the said land with building mentioned in column (1) of the
said Part II against him, to show cause within a period of thirty days from the date of the
publication of the aforesaid notice in the Maharashtra Government Gazette (hereinafter
referred to as "the said period") why the said land with building should not be acquired."
And whereas, the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire the said land with
building in pursuance of the said section.

Schedule

Part I

Reconstruction of building Nos. 20, 22, 24, 18, 26, 6, 8, 22-22A, 24, 23, 12, 14
Akkalkote Lane, 27-27A, 2-3 Khadilkar Road, 4-5 Cow Lane, 16A, 16AA Borbhat X
Lane, Girgaon Division in 'D' Ward, Bombay on C. S. Nos. 163 to 175, 183 to 185.

Part II
 Description of land and Approximate Name of the the owners of the
buildings area of lands land with buildings
proposed to be
acquired
(1) (2) (3)
Sq. meters
1. Navalkar Building, 20, 82.78 Shri Pandharinath Laxmanrao
Akkalkote, 1st lane, C. S. No. Navalkar and Shri Arun
163, Girgaon Division. Laxmanrao Navalkar.
2. Akkalkote Swami Math, 22, 96.15 Shri Akkalkote Swami
Akkalkote 1st lane, C. S. No. Sarnartha.
164, Girgaon Division.
3. Pethe Building, 24 and 18, 220.74 Shri Trimbak Waman Pethe.
Akkalkote lane, C. S. No. 165,
Girgaon Division.
4. Malpekar House, 16, 208.19 Shri Dattatray Krishnarao
Akkalkote 1st lane, C. S. No. Malpekar.
166 Girgaon Division.
5. Malpekar House, 6, Akkalkote 187.29 Shri Damodar Krishnarao
2nd lane, C. S. No. 167, Girgaon Malpekar.Shri Jayawant
Division. Krishnarao Malpekar.
6. 8, Akkalkote lane, 8, 4.15 Smt. Radhabai Raning.
Akkalkote 2nd lane, C. S. No.
168
7. Radhabai Building, 8, 72.74 Smt. Radhabai Raning.
Akkalkote 2nd lane, C. S. No.
169.
8. Rele Building, 22-22A, 116.22 Shri Gajanan Govardhan Rele.
Akkalkote 1st lane and 2nd lane,
C. S. No. 170.
9. Rele Building, 24, Akkalkote 99.50 Shri Parmanand Govardhan
2nd lane, C. S. No. 171. Rele.
10. Radhabai Building, 23, 114.55 Smt. Radhabai Raning.
Akkalkote 2nd lane, C. S. No,
172.
11. Dharamdas Building, 27-27A 303.51 Shri Devidas Hargundas Vora
Khadilkar Road, C. S. No. 173. and Shri Balkrishnadas
Dharamdas Vora.
 12. Chiman Building, (2 No.), 2- 124.58 Shri Pravinchandra Chimanlal
3, Khadilkar Road, C. S. No. and Shri Dineshchandra
174. Chimanlal.
13. Makhalai Building, 4-5, Cow 105.63 Shri Anandrao Dinanath Save.
Lane, C. S. No. 175.
14. Nurani Building, 16A-16AA, 311.04 Jayabbilly Bhorajiwalla.
Borbhat X lane, C. S. No. 183.
15. Acharya Bhavan, 12, 111.2 Bai-Duragabai Balkrishna
Akkalkote 1st lane, C. S. No. Acharya.
184.
16. Narayan Nivas, 14, 118.73 Shri Kanailal Narandas
Akkalkote 1st lane, C. S. No. Ramwala.
185. 124.58
Total 2,276.82
G.N., H. & S.A.D., No. ADL. 2387/1888/D-X, dated the 10th March, 1989 (M. G., Part
IV-B, Pages 360) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority, it appears to the Government of Maharashtra that in
orders to enable the said Authority to discharge its functions or to exercise proposals as
per Draft Development Plan (Revised) 1981 and also that of MHADA set out in Part I of
the Schedule hereto it is necessary that the lands specified in Part II thereof (hereinafter
referred to as "the said land") should be acquired;
And whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXXVIII of 1977) proposes to acquire the said lands;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column (4) Part II of the Schedule
hereto who are the owners of, or who in the opinion of the Government of Maharashtra
are interested in the said lands respectively mentioned in column (1) the said Part II
against them to show cause, if any, within a period of thirty days from the date of
publication of this Notice in the Maharashtra Government Gazette, why they should not
be acquired. Any objection which may be received by the Secretary to Government,
Housing and Special Assistance Department, Mantralaya, Bombay 400 032, or the
C.E.O. & V.P., Maharashtra Housing and Area Development Authority, Griha Nirman
Bhavan, Bandra (East), Bombay 400 051, from any of the aforesaid persons with
respect to the said proposal before the expiry of the aforesaid period shall be
considered by the Government.

Schedule

Part I

For the purpose of construction of tenements under E. W. S./L. I. G. and for execution
of Area Development Scheme at Solapur.
Part II

Survey Village Area Names of the owners/persons

No. Interest therein
(1) (2) (3) (4)
H. Areas
29 Dahitane 05 25.00 Shri Umakant Shankarrao
Bhagawant
30 Dahitane 04 30.00 Sau Kumudini Vasantrao
Mahthaikar
31/1 Dahitane 00 70.00 Shri Narayan Tukaram
Sarvade.
Shri Kalappa.
31/2 Dahitane 00 81.00 Shri Haji Gajibarksha
Allabaksha Karche.
Rajibhai Allabaksha Karche.
Kashbai Allabaksha Karche.
Aqtar Hajagaji Karche.
Jaftar Hajigaji Karche.
Khajabhai Hajigaji Karche.
Attar Rajibhai Karche.
Shoukat Kashabai Karche.
31/3(pt) Dahitane 00 84.50 Devidar Mahadev Pawar.
Haridas Mahadev Pawar.
Smt. Kalawati Vitthal
Chavan.
Smt. Suman Shivaji Babar.
Smt. Pramila Shivaji Anapal.
Smt. Titottama Sharad
Varate.
31/4 Dahitane 00 81.00 Solapur Timber Merchant
Association(President—
Kallapa Dattaba Vadje).
115/1A Kasbe 00 91.00 Subhana Sidu Bhosale.
Solapur
115/1B/1 Kasbe 00 15.00 Manjaram Narayan Shinde.
Solapur
Rajesh Chandrakant Shinde.
Ranji Shivaraj Shinde.
Bararang Sidram Kokane.
Maruti Dattu Shinde.
Suryakant Manjuram Shinde.
Jetinga Ganpati Hotkar.
115/1B/2 Kasbe 00 91.00 Dattu Subhana Bhosale.
Solapur
115/1C Kasbe 00 82.00 Tukaram Subhana Bhosale.
Solapur
115/2 Kasbe 00 02.00 Subhana, Lingappa, Vitthal-
Solapur Babu, Sidhu Bhosale.
115/3 Kasbe 02 64.00 Dnyaneshwar and Vithabai
Solapur Lingappa Bhosale.
Jankibai Vitthal Shinde.
Mathurabai Pandurang
Chougule.
115/4 Kasbe 02 75.00 Vitthal and Sidheshwar Sattu
Solapur Bhosale.
115/5 Kasbe 02 39.00 Vithal Sidhu Bhosale.
Solapur
115/6 Kasbe 02 29.00 Babu Sidhu Bhosale.
Solapur
117/2A Kasbe 03 14.00 Ram Babu Saravde.
Solapur
118/2 Kasbe 01 72.00 Ram Babu Sarvade.
Solapur
116/2 Kasbe 02 68.00 Shankar Babu Sarvade.
Solapur
117/1A Kasbe 06 67.00 Babu Dattu Sarvade.
Solapur
G. N., H. & S.A.D. No. ADL-2389/2098/D-X, dated 9th November, 1990 (M. G., Part
IV-B, Pages 2732) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority, it appears to the Government of Maharashtra that in order
to enable the said Authority to discharge its functions or to exercise its powers or to
carry out its proposals, plans or projects set out in Part I of the Schedule hereto it is
necessary that the lands specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of the Maharashtra Housing and Area Development Act,
1976 (Maharashtra XXVIII of 1977) proposed to acquire the land;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column (3) of the said Part II of the
Schedule hereto who are the owners of, or who in the opinion of the Government of
Maharashtra are interested in the said lands respectively mentioned in column (1) of the
said Part II against them to show cause, if any within a period of thirty days from the
date of publication of this Notice in the Maharashtra Government Gazette, why they
should not be acquired. Any objection which may be received by the Ex-Officio
Secretary to Government, Housing and Special Assistance Department, and the Chief
Executive Officer and Vice President, Maharashtra Housing and Area Development
Authority, Griha Nirman Bhavan, Bandra (East), Bombay 400 051, from any of the
aforesaid persons with respect to the said proposal before the expiry of the aforesaid
period shall be considered by the Government.

Schedule

Part I

For the purpose of various area development schemes and public amenity sites by the
Pune Housing and Area Development Board at village Kasbe-Solapur.

Part II

Survey Hissa Approximate Area Names of the owners/persons

No. No. of lands proposed to Interest therein
be acquired
(1) (2) (4)
H. Areas
District Solapur, Village Kasbe-Solapur
105/1A 0 67.00 Jame Mohamadiya Ahale Hadis
Trust, Chairman, Haji Hasanalli
Mohammadalil Shaikh.
107/A/1 2 78.27 Revansidhappa Shankarappa
Dargopatil.
107/A/2 2 87.13 Sidramppa Shankarappa Dargopatil.
107/B 0 05.00 Revansidha Shankarappa
Dargopatil.
108/1+2+5+4A 1 30.60 Kashinath Shankarappa Dargopatil.
108/3A+4B 0 06.00 Annarao Anandrao Dargopatil,
Mallinath Anandrao Dargopatil,
Sidram, Balasaheb, Kashinath and
Revanisidha Shankarappa
Dargopatil, Saurabai Shankarappa
Dargopatil, Irappa Dadrao Gavali
etc.
109/1 1 89.00 Irappa Dadarao Gavali and 15
others.
109/2 1 32.00 Kashinath Shankarappa Dargopatil.
110/2 7 12.00 Vithoba Magalappa Pogul.
121/2 0 81.00 Proposed Rameshwar Housing
Society, Chief Pramotor, S. S.
Birajdar.
Village Shelgi
23/2A/1-1/1/A 0 19.85 Rakhamabai and Pandurang
Dhondiba Sarvade.
23/2A/1/2/1A 0 08.00 Rakhamabai and Pandurang
Dhondiba Sarvade.
23/2A/1/2B 0 12.90 64 Smt. Putiabai Malkappa Kaishetti.
23/2A/1B 0 72.00 Apparao Revansiddhappa
Dargopatil.
23/2A/2/1A 0 30.00 Hanumandas Dhanraj Nagappa.
(Part)
Shantabai Badrinarayan Randad.
23/2A/2/2 0 40.00 Rajgopal Hiralal, M.G. Hiralal,
Chaturbhuj Nogia.
23/2A/3 1 19.00 Jame Mohamadiya Ahale Hadis
Trust, Chairman, Haji Hasanalli
Mohammadalil Shaikh.
23/2B 0 14.00 Sidaram Subhana Bhosale.
Total 22 23.75 64
G.N., H. & S.A.D., No. ARS. 1283/3198/D-II, dated 4th February, 1991 (M.G., Part IV-
B, Pages 267) - Whereas, on a representation from the Maharashtra Housing and Area
Development Authority it appears to the Government of Maharashtra that in order to
enable the said Authority to discharge its functions or to exercise its powers or to carry
out its proposals, plans or projects set out in the Schedule hereto it is necessary that the
lands with building specified In schedule thereof (hereinafter referred to as "the said
lands with buildings" should be acquired);
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ARS. 1283/3198111, dated 5th September, 1983 published on pages 615 to 618 of
Part IV-B, Maharashtra Government Gazette, Extraordinary No. 214, dated the 8th
September; 1990 and served in the prescribed manner, called upon the person
mentioned in column 3 of Part II of the Schedule hereto who is the owner of the said
land with building mentioned in Column 1 of the said schedule against him, to show-
cause within a period of thirty days from the date of the publication of the aforesaid
notice in the Maharashtra Government Gazette (hereinafter referred to as "the said
period") why the said land with building should not be acquired;
And whereas the cause shown by the said owner has been considered by the
Government;
Therefore, in exercise of the powers conferred by sub-section (1) of section 41 of the
said Act the Government of Maharashtra hereby decides to acquire, to the said land
with building in pursuance of the said section.
G.N., H. & A. D. D. No. ADL. 1189/(2140)/D-X, dated 26th July, 1991 (M.G., Part IV-
B, Pages 1108) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority, it appears to the Government of Maharashtra that in order
to enable the said Authority to discharge its functions or to exercise its powers or to
carry out its proposals, plans or projects set out in Part I of the Schedule hereto it is
necessary that the lands specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, in exercise of the powers conferred by
sub-section (1) of section 41 of Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) proposes to acquire the said lands;
Now, therefore, as required by the proviso to sub-section (1) of section 41 of the said
Act, notice is hereby given to persons mentioned in column(4) of the said Part II of the
Schedule hereto who are the owners of, or who in the opinion of the Government of
Maharashtra are interested in the said lands respectively mentioned in column 1 of the
said Part II against them to show cause, if any within a period of thirty days from the
date of publication of this Notice in the Maharashtra Government Gazette, why they
should not be acquired. Any objection which may be received by the Ex-Officio
Secretary to Government Housing and Special Assistance Department, and the Chief
Executive Officer and Vice-President, Maharashtra Housing and Area Development
Authority, Griha Nirman Bhavan, Bandra (East), Bombay 400 051 from any of the
aforesaid persons with respect to the said proposal before the expiry of the aforesaid
period shall be considered by the Government.
Schedule

Description of lands with building Approximate Name of the owner of the lands
area of with building
lands
proposed to
be acquired
(1) (2) (3)
Sq. metres
1. B. No. 9D Umarkhadi, 1st Lane, 43.48 (1) Fakir Mohammed Haji Ali
C. S. No. 1842 of Mandvi Division. Mohamed.
(2) Abdulla Haji Ali Mohamed.
(3) Ahmed Haji Ali Mohamed.
(4) Abdul Rahman Haji Ali
Mohamed.
(5) Khatiyabai Haji Ali
Mohamed.
(6) Aminabai Haji Ali
Mohamed.
(7) Mariyambai Haji Ali
Mohamed.
(8) Rahimabai Haji All
Mohamed.
(Legal heirs of Shri Haji Ismail
Haji Suleman—deceased).
2. 9E, Umarkhadi, 1st Lane, C. S. 35.12 Hardeep singh Sant singh.
No. 1843 of Mandvi Division.
3. 11, Umarkhadi, 1st Lane, C. S. 25.08 The Vic. Joseph's Church.
No. 1840 (Part) of Mandvi Division.
103.68
G.N. H. & S.A.D., No. ARS. 1491/CR 2743/Desk II, dated 17th December, 1991
(M.G., Part IV-B, Pages 1080) - Whereas, on a representation from the Bombay
Housing and Area Development Board, it appears to the Government of Maharashtra
that in order to enable the said Board to discharge its function or to exercise its powers
or to carryout its proposals and plans, it is necessary that the lands with the building
specified hereto (hereinafter referred to as the "said lands" with buildings) should be
acquired;
And whereas, the Government of Maharashtra in exercise of the powers conferred by
sub-section (1) of the section 41 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977) proposes to acquire the said land with buildings
(if any);
Now therefore, as required by the provision to sub-section (1) of section 41 of the
Maharashtra Housing and Area Development Act, 1976. Notice is hereby given to
persons mentioned in column 3 of the schedule hereto, who are the owners of or who,
in the opinion of the Government of Maharashtra are interested in the said land with the
buildings respectively mentioned in column 1 of the said schedule against them to show
cause, if any within a period of thirty days from the date of publication of this notice in
the Maharashtra Government Gazette, why they should not be acquired? any objections
which may be received from any of the said persons in respect of the said proposal
before the enquiry of the aforesaid period shall be considered by the Ex-Officio Deputy
Secretary to Government and the Secretary, Maharashtra Housing and Area
Development Authority, Gnha Nirman Bhavan, Bandra (East), Bombay 400 051.

Schedule

Part I

Reconstruction of scheme property bearing C. S. Nos. 197, 198, 2/198 at Tardeo Road,
14A, 8, C, D, E, F and 16 A, B, C, D, Arab Gully.

Part II

Description of lands with Approximate Name of the owner of the lands

building areas of C.S. with building
No. proposed to
be acquired in
Sq. Mtrs
C.S. Area
No.
(1) (2) (3)
Sq. metres
198 2453.19
Building No. 14 A, B, C, D, E, 198 348.66 (1) Building No. 14 A, B, C, D,
F, Arab Lane, Tadeo Road, E, F, Shri Tadaram Dhanrajmal
Bombay. and Bhagchand Tahilram
Lalubhai, Sindhi, Nagar, Block
13, Cleveland Road, Bombay
400 013.
 Building No. 16. A. B. C. D, 197 20.81.95 (2) Building No. 16-A, B, C, D,
Arab Lane Tardeo Road , Arab Lane, Shri Huseinbhai
Bombay. Mahmed Husein, 169, Doctor
Street, Top floor, Bombay
Total 4883.8
G.N., H. & S.A.D., No. ADL. 2387/1888 II/D-X, dated 16th April, 1992 (M.G., Part IV-
B, Pages 585) - Whereas, on a representation from the Maharashtra Housing and Area
Development Authority, Government of Maharashtra is satisfied that with a view to
enable the said Authority to discharge its functions or to exercise its powers or to carry
out its proposals, plans or projects set out in Part I of the Schedule hereto it is
necessary that the land specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, as required by the proviso to sub-
section (1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ADL. 2387/1888/0-X, dated 10th March, 1989 published at pages 360 to 363 Part
IV-B of the Maharashtra Government Gazette, dated the 23rd March, 1989 and served
in the prescribed manner calling upon the persons mentioned in column 4 of Part II of
the Schedule hereto, who are the owner of or who, in the opinion of the Government of
Maharashtra, is/are interested in the said lands, respectively mentioned in column 1 of
the said Part If against him to show cause within a period of thirty days from the date of
the publication of the aforesaid notice in the Maharashtra Government Gazette
(hereinafter referred to as "the said period") why the said lands should not be acquired;
And whereas, the cause shown by the said owner(s) and other persons interested in the
said land within the said period has been considered by the Government;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 41 of
the said Act, the Government of Maharashtra hereby decide to acquire the said lands in
pursuance of the said section.

Schedule

Part I

For the purpose of construction of tenements under E. W. S/L.I.G., and for execution of
Area Development Scheme at Solapur.

Part II

Survey Village Area Names of the owners/persons

No. Interest therein
1 2 3 4
H. Ares
30 Dahitane 04 30.00 Sau. Kumudini Vasantrao
Mahthaikar.
31/1 Dahitane 00 70.00 Shri Narayan Tukaram
SarvadeShri Kalappa
31/2 Dahitane 00 81.00 Shri Haji Gajibaksha Alla
baksha Karche.Rajibhai
Allabaksha Karche.Rashbai
Allabaksha Karche.Aqtar
Hajagaji Karche.Jaftar Hajigaji
Karche.Khajabhai Hajigaji
Karche.Attar Rajibhai
Karche.Shoukat Kashabhai
Karche.
31/3(pt) Dahitane 00 84.50 Devidar Mahadev
Pawar.Haridas Mahadev
Pawar.Smt. Kalawati Vitthal
Chavan.Smt. Suman Shivaji
Babar.Smt. Pramila Shivaji
Anapal.Smt. Tilottama Sharad
Varate.
31/4 Dahitane 00 81.00 Solapur Timber Merchant
Association (President Kallapa
Dattapa Vadje)
115/1A Kasbe- 00 91.00 Subhana Sidu Bhosale.
Solapur
115/1B/1 Kasbe 00 15.00 Manjaram Narayan
Shinde.Rajesh Chandrakant
Shinde.Ranjiji Shivaraj
Shinde.Bararang Sidram
Kokane.Maruti Dattu
Shinde.Suryakant Manjuram
Shinde.Jetinga Ganpati Hotkar.
115/1B/2 Kasbe- 00 91.00 Dattu Subhana Bhosale.
Solapur
115/1C Kasbe- 00 82.00 Tukaram Subhana Bhosale.
Solapur
115/2 Kasbe- 00 2.00 Subhana Lingappa, Vitthal
Solapur Babu, Sidhu Bhosale.
115/3 Kasbe- 02 64.00 Dnyaneshwar and Vithabai
Solapur Lingappa Bhosale.Jankibai
 Vitthal Shinde.Mathurabai
Pandurang Chougule.
115/4 Kasbe- 02 75.00 Vitthal and Sidheshwar Sattu
Solapur Bhosale.
115/5 Kasbe- 02 39.00 Vitthal Sidhu Bhosale.
Solapur
115/6 Kasbe- 03 29.00 Babu Sidhu Bhosale.
Solapur
117/2A Kasbe- 03 14.00 Ram Babu Sarvade.
Solapur
116/2 Kasbe- 02 68.00 Shankar Babu Sarvade.
Solapur
117/1A Kasbe- 06 67.00 Babu Dattu Sarvade.
Solapur
117/1C Kasbe- 01 83.00 Shankar Babu Sarvade.
Solapur
117/2B Kasbe- 06 47.00 Maruti Babu Sarvade.
Solapur
118/1 Kasbe- 02 10.00 Babu Dattu Bhosale.
Solapur
118/3 Kasbe- 01 81.00 Shankar Babu Sarvade.
Solapur
121 Kasbe- 03 80.00 Nlikanthappi Dhaniingappa
Solapur Alamelkar.
103/2A Solapur 00 16.74 Shri Chhatrapti Co-op. Hsg.,
Society(Chief Promoter)Shri V.
B. Waghmare.
103/26 Solapur 00 17.46 Gondhali Samaj Seva Mandal
Panch Committee.(1) D. B.
Shinde, (2) A. S. Waghmare, (3)
V. T. Mane, (4) S. N.
Waghmare, (5) V. T. Pachare.
107/A/1 Solapur 00 28.60 Shri R. S. Dargopatil.
107/A/2 Solapur 00 28.60 Shri S. S. Dargopatil.
110/2 Solapur 00 90.00 Shri Vithoba Mogiappe Pogul.
108 Solapur 00 24.40 Shri L. S. Dargopatil
G.N., H. & S.A.D., No. ADL. 1189/2110/Desk-X, dated 24th April, 1992 (M.G., Part
IV-B, Pages 588) - Whereas, on a representation from the Maharashtra Housing and
Area Development Authority Government of Maharashtra is satisfied that with view to
enable the said Authority to discharge its functions or to exercise its powers or to carry
out its proposals, plans or projects set out in Part I of the Schedule hereto, it is
necessary that the land specified in Part II thereof (hereinafter referred to as "the said
land") should be acquired;
And whereas, the Government of Maharashtra, as required by the proviso to sub-
section (1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977), (hereinafter referred to as "the said Act") has by its notice
No. ADL. 1189/2110-DX, dated 2nd September, 1989 published at pages 1036 to 1037,
Part IV-B of the Maharashtra Government Gazette, dated the 21st September, 1989
and served in the prescribed manner called upon the persons mentioned in the column
4 of Part II of the Schedule hereto who is/are the owner of or who, in the opinion of the
Government of Maharashtra, is/are interested in the said lands, respectively mentioned
in columns 1 to 2 of the said Part II against him to show-cause within a period of thirty
days from the date of the publications of the aforesaid notice in the Maharashtra
Government Gazette, (hereinafter referred to as "the said period") why the said lands
should not be acquired;
And whereas, the cause shown by the said owner and other persons interested in the
said land within the said period has been considered by the Government;
Now, therefore, in exercise of the powers conferred by sub-section (1) of section 41 of
the said Act, the Government of Maharashtra hereby decided to acquired the said lands
in pursuance of the said section.

Schedule

For the purpose of construction of tenements under E. W. S./L. I. G./M. I. G./ H. I. G.

and for the purpose of Area Development Schemes at Mouza Latur, District Latur by
Aurangabad Housing and Area Development Board.

Part II

District Latur, Taluka Latur, Village Latur

Survey Hissa Names of the owners of

No. No. the person Interest therein
1 2 3
H. Ares
District Solapur, Village Kasbe-Solapur
97/A 2 57.0 Shri Ramesh Narayan
Pande.
 97/C 5 69.0 Shri Hanmat Tuljaram
Gojamagunde,B.L.
Sawarnakar,
MukhyaPrawatak, Niyojit
(Darshan)Sahakari Grih
Nirman Sanstha, Latur.
97/2 1 66.4 Shri Baliram Vithoba
Chalwad.
Total 992.4
G.N., H. & S.A.D., No. ADL. 2387/1888-II/D-X, dated 9th September, 1992 (M.G.,
Part IV-B, Pages 1610)
Government Notification No. ADL. 2387/1888-II/D-X, dated 16th April, 1992, published
in the Maharashtra Government Gazette, Part IV-B, dated 21st May, 1992 at pages 585
to 588 for acquiring lands at Solapur under the Maharashtra Housing and Area
Development Act, 1976 may be substituted by the following Notification -
No. ADL. 2387/1888-WO-X. - Whereas, on a representation from the Maharashtra
Housing and Area Development Authority, Government of Maharashtra is satisfied that
with a view to enable the said Authority to discharge its functions or to exercise its
powers or to carry out its proposals, plans or projects set out in Part I of the Schedule
hereto it is necessary that the land specified in Part II thereof (hereinafter referred to as
"the said land") should be acquired;
And whereas, the Government of Maharashtra as required by the proviso to sub-section
(1) of section 41 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977) (hereinafter referred to as "the said Act") has by its notice
No. ADL. 2387/1888/D-X, dated 10th March, 1989 published at pages 360 to 363 Part
IV-B of the Maharashtra Government Gazette, dated the 23rd March, 1989 and served
in the prescribed manner calling upon the persons mentioned in column 4 of Part II of
the Schedule hereto who are the owner of, or who in the opinion of the Government of
Maharashtra are interested in, the said lands, respectively mentioned in column 1 of the
said Part II against him/them to show cause within a period of thirty days from the date
of publication of the aforesaid notice in the Maharashtra Government Gazette,
(hereinafter referred to as "the said period") why the said lands should not be acquired;
And whereas, the cause shown by the said owner(s) and other persons interested in the
said land/ lands within the said period has been considered by the Government;
Now, therefore, in exercise of the powers conferred by the sub-section (1) of section 41
of the said Act, the Government of Maharashtra hereby decides to acquire the said
lands in pursuance of the said section.

Schedule

Part I

For the purpose of construction of tenements under E. W. S./L. I. G. and for execution
of Area Development Scheme at Solapur.
Survey No. Village Area Names of the
owners/persons Interest
therein
(1) (2) (3) (4)
H. Ares
30 Dahitane 4 30.00 Late Kumudini Vasantrao
Manthalkar.
31/1 Dahitane 0 70.00 Shri Narayan Tukaram
SaravadeShri Kallappa.
31/2 Dahitane 0 81.00 Shri Haji Gajibaksha
Allabax KarcheShri
Rajabhai Allabax
KarcheShri Bashabhai
Allabax KarcheShri
Akhtar Rajabhai
KarcheShri Jafar Haji
Gajibax KarcheShri
Khajabhai Haji Gajibax
KarcheShri Shaukat Haji
Gajibax Karche
31/3(Pt)(Plot Dahitane 0 51.48 Shri Devidar Mahadev
No: 34, 10, PawarShri Haridas
11) Madhadev PawarSmt.
Kalawati Vitthal
ChavanSmt. Suman
Shivaji BabarSmt.
Pramila Shivaji
AnapalSmt. Tilottama
Sharad VarateSmt.
Pushpa Madan
ChakoteShri
Chinchokappa Basappa
TallikarSmt. Kamal
Mohan Soniminde
31/4 Dahitane 0 81.00 Solapur Timber Merchant
Association(President
Shri Kalappa Dattaba
Vadaje)
115/1/A Kasbe 0 91.00 Shri Subhana Sidu
Solapur BhosaleSmt. Shantabai
Subhana BhosaleShri
 Sidram Subhana
BhosaleShri Laxman
Subhana BhosaleShri
Ram Subhana Bhosale
115/IB/I Kasbe 0 15.00 Shri Manjuram Narayan
Solapur ShindeShri Rajesh
Chandrakant ShindeShri
Ranoji Shivram
ShindeShri Bajrang
Sidram KokaneShri
Maruti Datta ShindeShri
Suryakant Manjuram
ShindeShri Jelinga
Ganpati Hotker
115/1B/2 Kasbe 0 91.00 Shri Datta Subhana
Soiapur Bhosale.
115/1/C Kasbe 0 82.00 Shri Tukaram Subhana
Solapur Bhosale
115/2 Kasbe 0 02.00 Shri Vithal Sidhu
Solapur BhosaleSmt. Subhana
Sidhu BhosaleShri
Linganna Sidhu
BhosaleShri Balu Sidhu
BhosaleShri Vithal Santu
Bhosle
115/3 Kasbe 2 64.00 Shri Dhyaneshwar
Solapur Lingappa BhosleSmt.
Vithabai Lingappa
BhosleSmt, Mathurabai
Pandurang BhosleSmt.
Jankibai Vithal Shinde
115/4 Kasbe 2 75.00 Shri Vithal Satu
Solapur BhosleSidheshwar Satu
Bhosle
115/5 Kasbe 2 39.00 Shri Vithal Sidu
Solapur BhosleShri Laxman
Maniappa Chougule
117/2-A Kasbe 3 14.00 Shri Ram Babu Sarvade
Solapur
116/2 Kasbe 2 68.00 Shri Shankar Babu
Solapur Sarvade
 117/1/A Kasbe 6 67.00 Shri Babu Dattu Sarvade
Solapur
117/1-C Kasbe 1 83.00 Shri Shankar Babu
Solapur Sarvade
02/08/17 Kasbe 6 47.00 Shri Maruti Babu Sarvade
Solapur
118/1 Kasbe 2 10.00 Shri Babu Dattu Sarvade
Solapur
118/3 Kasbe 1 81.00 Shankar Babu Sarvade
Solapur
121 Kasbe 3 0.50 Neelkanthappa
Solapur Dhanlingappa Alamelkar
103/2A Solapur 0 16.74 Shri Vithal Balappa
Waghmare,Chief
Promoter. Shri Chatrapati
Co-op. Hsg. Society.
103/2B Solapur 0 17.46 Gondhali Samaj
Sevamandal Panch
Committee.Shri Apparao
Sidramappa
WaghmareShri Vithal
Tukaram ManeShri
Sarkrishna Nagnath
WaghmareShri Vishnu
Tukaram PachgeShri
Dhondiba Balu Shinde
04/01/07 Solapur 0 28.60 Shri Revansiddappa
Shankarappa
107/A/2 DargopatilShri
Siddramappa
ShankarappaDargopatil
110/2 Solapur 0 90.00 Shri Vithoba Mogalappa
Fogul
108 Solapur 0 24.40 Shri Kashinath
Shankarappa Dargopatil
1+2A+5+4A

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Maharashtra Housing and Area Development Authority (Absorption, Seniority Pay and
Allowances) Rules, 1980

Published vide Notification No. G. N., P.W. & H. D., No. ARD. 1078/(109)/Desk-44,
dated 28th March, 1980 (M. G., Part 4B, p. 314)

mh038

In exercise of the powers conferred by sub-section (1) and clause (i) of sub-section (2)
of section 184, read with sub-section (5) of section 19 of the Maharashtra Housing and
Area Development Act, 1976 (Maharashtra XXVIII of 1977), and of all other powers in
that behalf, read with the Order No. G.S.R. 47(E), date the 17th February, 1980 of the
President of India, the Governor of Maharashtra hereby makes the following rules, the
same having been previously published as required by sub-section (3) of the said
section 184, namely :-
1. Short title and commencement. - (1) These rules may be called Maharashtra
Housing and Area Development Authority (Absorption, Seniority Pay and Allowances)
Rules, 1980.
(2) These rules shall come into force at once.
2. Definitions. - (I) In these rules, unless the context requires otherwise,-

(1) "Absorbed employee" means a person who was a whole-time employee of any
existing Board immediately before the appointed day, but does not include a person on
deputation to any existing Board, and who holds a lien on any post in the Government
or in any local authority or corporation constituted under any law for the time being in
force;

(2) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

(3) "Appointing Authority" means the Authority competent to appoint an absorbed

employee;

(4) "Basic Pay" means the amount drawn monthly by an absorbed employee as pay as
defined in rule 9(39)(a)(i) of the Bombay Civil Services Rules, 1959 this is to say, pay
exclusive of special pay, pay granted in lieu of the personal qualifications, technical pay,
personal pay or other emoluments specially classed as pay;

(5) "Equivalent post" means -

(i) a post sanctioned by Government with effect from the appointed day in the
organisational set-ups of the Authority and the Boards on the establishment of the
Maharashtra Housing and Area Development Authority on the prescribed pay-scale, as
further revised by Government Resolution, Public Works and Housing Department, No.
ARD. 1078/(87)/DSK-35, dated the 24th January, 1980;
(ii) any other post which may be declared by the Authority as equivalent to a post,
whether permanent or temporary, sanctioned by Government or the existing Board in
the former Maharashtra Housing Board constituted under the Bombay Housing Board
Act, 1948 (Bombay LXIX of 1948), the Vidarbha Housing Board constituted under the
Madhya Pradesh Housing Board Act, 1950 (M. P. Act XLIII of 1950), the Bombay
Building Repairs and Reconstruction Board constituted under the Bombay Building
Repairs and Reconstruction Board Act, 1969 (Maharashtra XLVII of 1969) and the
Maharashtra Slum Improvement Board constituted under the Maharashtra Slum
Improvement Board Act, 1973 (Maharashtra XXIII of 1973) and held by absorbed
employee immediately before the appointed day in a permanent or temporary capacity
and hereinafter referred to as "the corresponding post" in the existing Board;

(6) "Government" means the Government of Maharashtra;

(7) "Officiating" or "Officiated" refers to periods of service during which an absorbed

employee had actually officiated as also periods during which he would have officiated
but for the following reasons, namely

(i) Leave during which but for the absorbed employee proceeding on such leave, he
would have continued to officiate in the same post or post on the same pay-scale;

(ii) Appointment to a higher post during which but for such an appointment the absorbed
employee have continued to hold such post;

(iii) Appointment on another post during which the condition necessary for eligibility for
the benefit of the next below rule would operate;

(iv) Foreign service during which but for such service the absorbed employee would
have continued to officiate in such post;

(v) Suspension followed by reinstatement in the same post where period of suspension
is treated as duty or leave;

(vi) Deputation on training during which period the absorbed employee was considered
as on duty and would have officiated in the post but for such training;

(vii) Such joining time during which the absorbed employee would have continued to
hold the same post;

(8) "Post of absorption" means the cadre of the post in the authority in which an
absorbed employee is absorbed or is deemed to have been absorbed, irrespective of
whether the post is permanent or temporary;

(II) Words and expressions used in these rules, but not defined herein, shall have the
meanings, respectively assigned to them in the Act.
3. Absorption of whole-time employee of existing Board. - A person who was a
whole-time employee of any existing Board immediately before the appointed date shall,
subject to the provision of sections 22 and 23 of the Act, on and from that day become
and stand absorbed as an employee of the authority.
4. Absorption how to be made. - (1) The Appointing Authority concerned shall as soon
as it may be after the equivalent posts are declared by the Authority, issue an order
absorbing such employee as on the appointed day and such absorption shall be in
equivalent post :
Provided that, such employee may be absorbed in the lower post if an equivalent post is
not available in the sanctioned establishment and if he

(a) was the substantive holder of a corresponding post in the existing Board but had
been appointed substantively to that post by an order issued on and after 1st January,
1975;

(b) had officiated in the corresponding post or post on the same time-scale in the
existing Board after the 1st January, 1975 while holding a lien on any other permanent
post;

(c) was a temporary employee of any existing Board :

Provided further that, in the case of a permanent employee and who had officiated in
the corresponding post or post on the same time-scale in the existing Board after 1st
January, 1975, such lower post shall not be lower than the permanent post (or the post
equivalent thereto) to which he was appointed in the substantive capacity by an order
issued on and after 1st January, 1975, of the post (or the post equivalent thereto) held
by him in an officiating capacity prior to 1st January, 1975.
(2) A person who may under the first proviso to sub-rule (1) be absorbed in a lower post
shall be the person who is due for revision on the basis of the seniority lists prepared in
accordance with rule 9.
(3) Where under these rules, an absorbed employee may not be absorbed in a lower
post and an equivalent post is not available for his absorption within sanctioned
establishment, the Appointing Authority shall, before issuing the orders of absorption,
obtain orders of the Authority about the post in which such absorbed employee shall be
absorbed.
5. Position of employee in a permanent post in existing Boards. - An employee of
any existing Board who was the substantive holder of a permanent post in an existing
Board shall be deemed to be the permanent holder of the post or a post equivalent
thereto for all purposes irrespective of the fact whether on or after the 5th December,
1977 he holds a lien on permanent post or not.
6. Power of Government and Competent Authority regarding absorption. - (1)
Notwithstanding anything contained in these rules, Government may direct that an
employee of any existing Board or class of employees of any existing Board shall be
absorbed otherwise than in accordance with these rules subject to the provisions of
section 22 of the Act.
(2) Nothing in these rules shall be deemed to prevent or to have prevented a Competent
Authority from passing in relating to an employee of an existing Board any order
effecting his continuance in the post in which he is absorbed under these rules.
7. Equation of posts. - (1) Subject to sub-rule (ii) of rule 6 the Authority shall, with the
previous approval of the Government, declare a post or a cadre in any existing Board as
equivalent to a post or a cadre in the organisational set-ups of the Authority and the
Boards sanctioned by Government on the establishment of the Authority.
(2) For the purpose of declaring equivalent posts under sub-rule (1) the authority shall
consider the nature and duties of a post, the responsibilities and powers exercised by
the officer holding a post, the extent of territorial or other charge held or responsibilities
discharged, the minimum qualifications, if any, prescribed for recruitment to the post
and the salary or pay-scale of the post in any existing Board.
8. Allocation of the employees. - The Authority shall issue orders in writing allocating
the employees belonging to the regional level cadres, as may be determined by rules
from time to time, to the four Boards constituted under section 18 of the Act, on the
basis of the availability of posts in the Boards.
9. Seniority. - (1) Subject to the provisions of these rules, seniority of an absorbed
employee in the posts or cadre of absorption as on the appointed day shall be
determined by the length of continuous service whether officiating or permanent,
rendered by him immediately before that date in a corresponding post or posts on the
same time-scale in the existing Board excluding the periods of fortuitous appointments
which are in the nature of stop-gap arrangements.
(2) For the purpose of sub-rule (1) continuous service shall, notwithstanding the date on
which it actually commenced, be deemed to have commenced, -

(a) in the case of an absorbed employee other than the one covered by clause (b), who
in the existing Board was assigned seniority otherwise than on the basis of length of
continuous service, from the date on which his continuous service would have
commenced, had he been appointed to the corresponding post in the order of seniority
as on 4th December, 1977 of the employees of the existing Board, absorbed in the
same cadre from the same Board;

(b) in the case of an absorbed employee appointed by direct recruitment to the

corresponding post and given a higher seniority for special considerations such as
higher qualifications, age, experience, income and like factors before appointment to the
service in the existing Boards, from the date preceding the date on which the service of
the absorbed employee next below him in the same cadre according to the seniority
inter se in the former Board on 4th December, 1977 commenced.

(3) Notwithstanding anything contained in this rule, the Government may. where it
appear necessary either suo motu or on representation or on recommendation of the
Authority for the removal of the anomalies or for securing just and equitable treatment to
the absorbed employees, direct that the seniority of an absorbed employee or class of
absorbed employees shall be fixed in such manner as it may by general or special order
prescribe.
(4) Where the length of service in the corresponding post in the existing Board is equal,
an absorbed employee senior in age shall be deemed to be senior.
(5) Notwithstanding anything contained in the foregoing rules, seniority, inter se of
absorbed employees of the existing Board, who before appointed date, belonged to the
same Board, as it existed before that date, shall not be disturbed except by general or
special orders of the Government.
10. Pay-scale. - (1) The pay-scale applicable to an absorbed employee shall except
where Government otherwise directs be, -

(i) the pay-scale of the post sanctioned by the Government with effect from 5th
December, 1977 in the organisational set-ups of the Authority and the Boards on the
establishment of the Authority as further revised by Government Resolution, Public
Works and Housing Department, No. ARD. 1078/(87)/D-35, dated the 24th January,
1980;

(ii) approved pay-scale of any other corresponding post which may be declared by the
Authority as equivalent to a post whether permanent or temporary sanctioned by
Government in the former Maharashtra Housing Board constituted under the Housing
Board Act, 1948 (Bombay LXIX of 1948), the Vidarbha Housing Board constituted under
the Madhya Pradesh Housing Board Act, 1950 (M. P. Act XLIII of 1950), the Bombay
Building Repairs and Re-construction Board constituted under the Bombay Building
Repairs and Reconstruction Board Act, 1969 (Maharashtra XLVII of 1969) and the
Maharashtra Slum Improvement Board constituted under the Maharashtra Slum
Improvement Board Act, 1973 (Maharashtra XXIII of 1973) and held by an absorbed
employee immediately before the appointed day in a permanent or temporary capacity.

(2) The absorbed employee of the Authority shall opt to retain pay-scale as mentioned
in either clause (i) or clause (ii) of sub-rule (1).
(3) The option made under sub-rule (2) above shall be exercised in writing by the
absorbed employee within three months from the date of absorption and shall be
intimated by him -

(a) if he is member of the staff of the Authority, to the Chief Officer concerned of the
Board; and

(b) if he is an officer of the Authority, to Financial Controller of the authority.

A copy of such option shall be submitted by the absorbed employee to the Chief
Executive Officer of the Authority.
(4) The option once exercised shall be final and if it is not exercised within the
prescribed period and in the prescribed manner, the pay-scale applicable to the
absorbed employee shall be the pay-scale mentioned in clause (i) of sub-rule (1).
11. Fixation of pay. - (1) The pay of an absorbed employee as on the appointed day in
the scale of pay applicable to him under these rules shall, except where the
Government by special order directs otherwise and subject to the other provisions of
these rules, be fixed under the Bombay Civil Services Rules, 1959, as if the pay of his
post has changed.
(2) Where an absorbed employee was, immediately before the appointed day, in receipt
of special pay which would be declared by the Authority with the prior approval of the
Government in lieu of higher time-scale and the post in which he is absorbed on or after
that day, does not carry any special pay, the basic pay for the purpose of all these rules
shall be basic pay admissible in the pay-scale applicable immediately before the
appointed day increased by an amount equal to the special pay drawn.
12. Rates of allowances admissible to absorbed employees. - The allowances such
as Dearness Allowance, House Rent Allowance, Compensatory Local Allowance,
Uniform Allowance and the like admissible to an absorbed employee on or after (he
appointed day shall, unless otherwise prescribed by the Government be the allowances
at the rate sanctioned to the corresponding posts in the Government Departments or
Offices and as modified from time to time for Government servants serving in the area,
posts and pay-scales etc., as the case may be.
13. Arrears of pay and allowances to absorbed employees when payable. - The
arrears of pay and allowances which may become due to an absorbed employee on the
fixation of his pay on the appointed day under these rules shall be payable only with
effect from the date of he (she) became available for service in the Authority or deemed
to have become available, but for the causes mentioned in clause (7) of sub-rule (1) of
rule 2.
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The Maharashtra Housing and Area Development Authority (Borrowing by Issue of
Debentures) Rules, 1980

Published vide Notification No. G. N., P. W. & H. D., No. HSG. 1077/94-(115), A-Desk-
44, dated 15th September, 1980 (M. G., Part 4B, p. 907)

mh338

LEGISLATIVE HISTORY 
In exercise of the powers conferred by section 36 and clause (II) of subsection (2) of
section 184 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra
XXVIII of 1977), and of all other powers enabling it in that behalf, the Government of
Maharashtra hereby makes the following rules, the same having been previously
published as required by subsection (3) of the said section 184 namely :-
1. Short title and commencement. - (1) These rules may be called the Maharashtra
Housing and Area Development Authority (Borrowing by Issue of Debentures) Rules,
1980.
(2) They shall come into force at once.
2. Definitions. - In these rules, unless the context otherwise, requires,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

(b) "Debenture" means a security bond issued by the Authority under these rules for the
money borrowed by it, for the purposes of the Act.

[(c) "Form" means a form appended to these rules.]

3. Authority empowered to borrow by the issue of debentures. - (1) Subject to the

provisions of the Act and these rules, the Authority shall borrow any sum required for
the purposes of the Act by issue of debentures.
(2) Every debenture shall be transferable by endorsement and delivery.
(3) The total amount of debentures to be issued, the issue price, the date of maturity
and other terms of the issue of debentures shall be determined by the Authority, with
the previous sanction of the State Government.
4. Reservation of debentures. - The Authority shall with the previous sanction of the
State Government, reserve all or any of the debenture bonds for issuing to such Banker
or Bankers as the Authority deems fit.
5. Underwriting commission and brokerage. - (1) [Underwriting commission may be
paid] at such rate as may be determined by the Authority to the bankers, brokers and
other underwriters, who invest a sum not less than the minimum amount fixed in this
behalf by the Authority.
(2) [Brokerage may be paid] at such rate as may be determined by the authority to the
bankers, authorised agents and other brokers to the issue, in respect of allotments
made on applications, bearing their respective scale or stamps, provided that the total
subscription received from them is not less than the minimum amount fixed in this
behalf by the Authority.
6. Value of debentures. - The debentures shall be issued in denominations of Rs. 100,
Rs. 500, Rs. 1,000, Rs. 5,000, Rs. 10,000, Rs. 25,000, Rs. 50,000 and Rs. 1,00,000.
7. Application. - An application for issue of debentures shall be made to the Authority
[in Form I] with such variations as the circumstances of any case may require.
8. Subscription. - (1) Subscription to the debentures may be made in cash or by
cheques or demand drafts drawn in favour of the Authority. In respect of cheques drawn
on banks or bank officers outside Greater Bombay, commission and collection charges
shall be paid in addition at such rate as may be fixed in this behalf by the Authority. The
debentures shall be issued only after the subscriptions and additional charges, if any,
are fully realised.
(2) If the subscription exceed the total amount of debentures to be issued, partial
allotment may be made, and the balance of the sum paid along with the application
shall be refunded [not later than three months]. No interest shall be paid on any
amounts so refunded.
(3) The authority may reserve the right to retain the subscriptions received upto ten per
cent, the excess of the total amount of loan floated.
9. Other conditions subject to which debentures may be issued. - (1) The interest
on the debentures shall be paid [half yearly], less deductions for tax if any, at the
appropriate rate.
(2) The debentures shall be redeemable at par on the date noted thereon and the
holder shall have no claims upon the Authority for any interest after the expiry of the
said date.
(3) Any debenture which by reason of damage sustained has become unfit for
circulation, shall be replaced at the request of the holder on surrendering the damaged
or defaced debenture, provided that the essential marks for genuineness and identity
such as the number, the amount, the rate of interest, the date and signature of the
President and Member of the Authority are still recognisable.
(4) Fresh debenture shall also be issued to replace any lost or destroyed debenture
when in the opinion of the Authority the fact of destruction is proved beyond doubt.
(5) Where such proof is not produced or when in case of damage the essential marks
on the debenture are lost and no longer, recognisable, or when the debenture has been
lost or has been misled, a duplicate debenture may be issued only after the debenture
which is alleged to be missing or unrecognisable, has been advertised by the claimant
[in the manner prescribed in sub-rule (5A)] and is not claimed by any other person.
[(5A) The loss, theft, destruction, mutilation or defacement of a debenture shall be
notified by the claimant by giving a public notice thereof in Form II in two alternative
issue or any one of the following newspapers, namely

1. The Times of India;

2. Maharashtra Times;

3. Loksatta; or
4. any other newspapers as may from time to time be specified by the Authority.]

(6) The re-issue of a debenture shall be made for the same amount under the same
number with the addition of the word "Duplicate" (in red ink). A fee of rupees two or
more as may be fixed by the authority shall be charged for every duplicate debenture
thus issued.

[Form I]

(See rule 7)

Application for Debentures

Series (per cent.)

Years .............

To
The Chief Executive Officer,
Maharashtra Housing and Area Development Authority,
Bombay 400 051.
Dear Sir,

Issue of......................years Debentures. Interest............... per cent. Issue price

.................... per cent.

I/We hereby apply for debentures of the face value of Rs............ of the above issue.
Debentures of the denominations noted below may kindly be issued for the amount:-

Denominations Number of Amount

Rs. Bonds Rs.
100
500
1,000
5,000
10.000
25,000
50,000
1,00,000
Total........
I/We send herewith/have paid a deposit of Rs. ............... (Rupees ........ only), through
................ for the debentures applied for.

I/We undertake to accept debentures for the same or for any lesser amount. The
interest may be made payable at -

1.

2.

3. At the Maharashtra Housing and Area Development Authority's Office, Bombay.

(By presenting the debentures of the due dates)

Note. - Strike the portions not required

Name/Names in full...............................................................................
(in Block letters)

Address in full .................................................................................

Date

Yours faithfully.

Signature.

Notes. - 1. The names in which the debentures are required should be mentioned in
block letters. If the debentures are to be held in joint names, the order in which the
names are to be written should be given. In the case of a registered body the
debentures will be issued in the name of the body itself.

2. Specific mention should be made of the Bank or Bank Office and the place where the
interest on debenture is to be drawn.

[Form II]

[See rule 9(5A)]

Form of Public Notice for Notifying the Loss, Theft, etc., of Debentures

Public Notice

*lost/stolen/destroyed/mutilated/defaced debentures
The Maharashtra Housing and Area Development Authority Debentures (Series)
bearing No. ............. originally standing in the name of Shri ............... and last endorsed
in the name of the claimant having been *lost/stolen/destroyed/mutilated/defaced, notice
is hereby given that an application is being made by the claimant to the Maharashtra
Housing and Area Development Authority for issue of duplicate debentures in favour of
the claimant. The member of public are, therefore, hereby cautioned against purchasing
or otherwise in any other way dealing with the above mentioned debenture.
Name of the Claimant...................
Place of Resident..................
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The Maharashtra Housing and Area Development Authority (Claims for and Payment of
Rebate) Rules, 1978

Published vide Notification No. G. N., P. W. & H. D. No. ARD. 1077/(45)-C-Desk-44,

dated 2nd May, 1978 (M. G., Part 4B, p. 707)

mh198

In exercise of the powers conferred by clause (xiv) of sub-section (2) of section 184,
read with sub-section (2) of section 85 of the Maharashtra Housing and Area
Development Act, 1976 (Maharashtra XXVIII of 1977), and of all other powers enabling
it in that behalf, the Government of Maharashtra hereby makes the following rules,
namely :-
1. Short title. - These rules may be called the Maharashtra Housing and Area
Development Authority (Claims for and Payment of Rebate) Rules, 1978.
2. Definitions. - In these rules, unless there is anything repugnant in the subject, or
context, -

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976;

(b) "quarter" means the period of three months ending on the 30th June, 30th
September, 31st December and 31st March;

(c) "rebate" means the amount of rebate payable to the Corporation under sub-section
(2) of section 85, in respect of the cost of collection of the cess;

(d) "section" means a section of the Act;

(e) words and expressions used in the Act and not defined in these rules shall have the
meaning assigned to them in the Act.

3. Manner of claiming rebate. - The Corporation, shall, within a month from the close
of every quarter, submit to the State Government through the Authority a bill in the form
appended to these rules, showing the particulars of the amounts of the cess collected
by the Corporation and credited to the State Government during the quarter, and the
amount of the rebate due to the Corporation.
4. Manner of payment of rebate. - (1) Subject to any general or special orders of the
State Government, the amount payable against any such bill shall be verified and paid
to the Corporation, when countersigned for payment by the Secretary to Government
(Housing) in Public Works and Housing Department.
(2) Any difference in the amount of rebate claimed in any quarter and the amount of
rebate paid for that quarter may be adjusted in the bill for the next quarter.
5. Repeal and Saving. - On the commencement of these rules, the Bombay Building
Repairs and Reconstruction Board (Claims for and Payment of Rebate) Rules, 1971,
and the rules in force immediately before such commencement shall stand repealed :
Provided that, anything done or any action taken under the rules so repealed shall be
deemed to have been done or taken under the corresponding provisions of these rules.

Form

Bill for the rebate payable by the State Government to the Bombay Municipal
Corporation under sub-section (2) of section 85 of the Maharashtra Housing and Area
Development Act, 1976, in respect of the cost of collection of the cess.
For the quarter ending * 30th June, 19
* 30th September, 19
* 31st December, 19
* 31st March, 19

Details of the amounts of the cess credited to Government

Sr. Date Particulars Amount

1 2 3 4

Total.............
(In words) Rupees
Collection charges at 5 per cent, * 30th June, 19
of the amount of cess recovered
* 30th September, 19
and credited to Government in
the quarter ending * 31st December, 19
* 31st March, 19
Add balance of dues if any for * 30th June, 19
the previous quarter ending.
* 30th September, 19
* 31st December, 19
* 31st March, 19
Total
Deduct recoveries, if any
Net amount due
 Amount actually payable (in _______________
words) Rupees
Date ........................

Signature of the Municipal Commissioner or

other authorised officer of the Corporation.

* Strike off whichever are not relevant.

Reverse

Demand No.
Classification,
Major Head 245-Other Taxes
and and and Duties on
Commodities
Minor Head and
Services.
Sub-Head Sub-Head
Collection
Charges -
(a) Bombay
Building Repairs
and
Reconstruction
Cess.
(For use in Pay and Accounts Office, Bombay)
Voucher No.
for 19
Passed for Rs....................... (in words) Rupees

Date:.................

.............................
Signature of the Secretary to Government
 (Housing), Public Works and Housing
Department.
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The Maharashtra Housing and Area Development Authority (Penalty for default in
payment of rent, compensation or amount) Rules, 1986

Published vide Notification No. G.N., H. & S.A.D., No. ARD. 1084/(1435)/D-4, dated
25th March, 1986 (M.G., 1986, Part 4B, p. 343)

mh341

In exercise of the powers conferred by clause (xi) of sub-section (2) of section 184, read
with Explanation II to Section 66 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII Of 1977), and of all other powers enabling it in that
behalf, the Government of Maharashtra hereby makes the following rules, the same
having been previously published as required by sub-section (3) of the said section 184,
namely:-
1. Short title. - These rules may be called the Maharashtra Housing and Area
Development Authority (Penalty for default in payment of rent, compensation or amount)
Rules, 1986.
2. Manner of levying penalty for default in payment of rent, compensation or
amount. - If a person authorised to occupy an Authority premises fails to pay the
arrears of rent, compensation or amount lawfully due from him under the provisions of
Chapter-VI of the Act, the Competent Authority may levy penalty at the rate of ten per
cent of such rent, compensation or amount which is in default.
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The Maharashtra Housing and Area Development Authority Contributory Provident
Fund Rules, 1985

Published vide Notification No. G. N., H. & S. A. D., No. ARD. 1085(932) - 3, dated 7th
February, 1986 (M. G., Part 4B, 1986, p. 201)

mh340

LEGISLATIVE HISTORY 
In exercise of the powers conferred by sub-section (1) of section 184, read with section
20 of the Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII
of 1977) and of all powers enabling it in this behalf, the Government of Maharashtra
hereby makes the following rules, the same having been previously published as
required by sub-section (4) of said section 184, namely:-
1. Short title. - These rules may be called the Maharashtra Housing and Area
Development Authority Contributory Provident Fund Rules, 1985.
2. Definitions. - (1) In these rules, unless there is anything repugnant in the subject or
context:-

(i) "Act" means the Maharashtra Housing and Area Development Act, 1976;

(ii) "Accounts Officer" means the Chief Accounts Officer of the Nagpur Housing and
Area Development Board for the employees of the Ex-Vidarbha Housing Board and the
Chief Accounts Officer, Bombay Housing and Area Development Board for the rest of
the employees covered by the provisions of these rules;

(iii) "Authority" means the Maharashtra Housing and Area Development Authority;

(iv) "Board" means and includes -

(a) the Bombay Housing and Area Development Board;

(b) the Nagpur Housing and Area Development Board;

(c) the Aurangabad Housing and Area Development Board;

(d) the Pune Housing and Area Development Board;

(e) the Konkan Housing and Area Development Board;

(f) any other Board established by Government under section 18 of the Act;

(v) "Contribution" means any sum payable by the Authority as an 'Employer' to the
Contributory Provident Fund Account of an employee under sub-rule (1) of rule 11(1) of
these rules, but does not include interest;
[(vi) "Emoluments" means pay, personal pay, special pay attached to the post, leave
salary, subsistence grant as defined in the Maharashtra Civil Sendees (General
Conditions of Services) Rules, 1981 and dearness allowance as maybe declared as by
the Government from time to time];

(vii) "family" means,-

(a) in the case of a male subscriber, the wife or wives and children of a subscriber and
the widow or widows and children of a deceased son of the subscriber :

Provided that, if a subscriber proves that his wife has been judicially separated from him
or has been ceased under the customary law of the community to which she belongs to
be entitled to maintenance she shall thenceforth be deemed to be no longer a member
of the subscriber's family in matters to which these rules relate, unless the subscriber
subsequently indicates by express intimation in writing to the Accounts Officer that she
shall continue to be so regarded;

(b) in the case of a female subscriber the husband and children of the subscriber and
the widow or widows and children of a deceased son of a subscriber :

Provided that, if a subscriber by intimation in writing to the Accounts Officer expresses

her desire to exclude her husband from her family, the husband shall thenceforth be
deemed to be no longer a member of the subscriber's family in matters to which these
rules relate, unless the subscriber subsequently cancels formally in writing the intention
to exclude him;

Note I. - "children" means legitimate children.

Note II. - An adopted child shall be considered to be a child and when the doubts arises
in the mind of the Accounts Officer, such adopted child shall be so considered by the
legal adviser of the Authority certifying that under the personal law of the subscriber,
adoption is legally recognised as conferring the status of a natural child.

(viii) "foreign service" means service in which an employee of the Authority receives his
substantive pay with the sanction of the Authority from any other employer;

(ix) "fund" means the Maharashtra Housing and Area Development Authority
Contributory Provident Fund;

(x) "Government" means the Government of Maharashtra;

(xi) "Head of Office" means an officer declared as such by the Authority;

(xii) "Leave" means any variety of leave recognised by the regulations made under the
Act;
(xiii) "Schedule" mean schedule appended to these rules;

(xiv) "Subscription" means any amount deducted from the emoluments of an employee
under sub-rule (1) of rule 10 or paid by an employee under sub-rule (2) of rule 10;

Note. - This provision will be applicable only to those subscribers who were governed
by the erstwhile Bombay Housing Contributory Provident Fund Rules.

(xv) "Year" means financial year ending on 31st March;

(xvi) Any words and expressions employed in these rules which are defined either in the
Act, the Provident Funds Act, 1925 (XIX of 1925), the Bombay Housing Board Act, 1948
(Bombay LXIX of 1948), the Madhya Pradesh Housing Board Act, 1950 (M. P. Act XLIII
of 1950) or in the Maharashtra Civil Services Rules is used in the same sense so far as
may be as therein defined.

3. Administration of fund. - The fund shall be administered by the Chief Executive

Officer of the Authority subject to the general control of Government.
4. Application. - (1) These rules shall apply to all such employees of the Authority in
non-pensionable service (excluding persons working on work charged establishment)
after completion of one year's sendee and such re-employed persons as may be
admitted to the fund by the Chief Executive Officer of the Authority :
Provided that, these rules shall not apply to any such servant between whom and the
Authority an agreement subsists in respect of a provident fund, other than an agreement
providing for the application to him of these rules and in the case of an agreement so
providing, shall apply subject to the terms of such agreement.
(2) Every employee of the Authority to whom these rules apply after a continuous
service of one year shall be a subscriber of the fund.
(3) An employee who completes one year of continuous service during the currency of a
month shall subscribe to the fund from the month next following such month.

Note. - (i) The provisions of these rules apply to persons who are appointed without a
break, whether temporarily or permanently to a post carrying the benefit of these rules
after resignation or retrenchment from service under the Central Government or any
State Government.

(ii) The benefit to the re-employed persons to subscribe towards the fund shall be given
effect from the date of their appointment, but the Authority's contribution with interest
shall be credited only after the completion of the one year's re-employment service.

(iii) The responsibility for watching that each compulsory subscriber is admitted to the
fund rests on the respective Heads of Offices.

(iv) Apprentices and probationers shall be subscribers to the fund after a continuous
service of one year.
5. Nomination. - (1) A subscriber shall at the time of joining the fund send to the
Accounts Officer a nomination conferring one or more persons the right to receive the
amount that may stand to his credit in the fund in the event of his death, before that
amount has become payable, or having become payable, has not been paid :
Provided that if, at the time of making the nomination the subscriber has a family, the
nomination shall not be in favour of any person or persons other than the member of his
family.
(2) If a subscriber nominates more than one person under sub-rule (1), he shall specify
in the nomination the amount or share payable to each of the nominees in such manner
as to cover the whole of the amount that may stand to his credit in the fund at any time.
(3) Every nomination shall be in such one of the forms set forth in the First Schedule as
is appropriate in the circumstances.
(4) A subscriber may at any time cancel a nomination by sending a notice in writing to
the Accounts Officer:-
Provided that, the subscriber shall along with such notice send a fresh nomination made
in accordance with the provisions of this rule.
(5) A subscriber may provide in a nomination,-

(a) in respect of any specified nominee that in the event of his predeceasing the
subscriber, the right conferred upon that nominee shall pass to such other person or
persons as may be specified in the nomination :

Provided that, such other person or persons shall, if the subscriber has other members
of his family be such other member or members, where the subscriber confers such a
right on more than one person under this clause, he shall specify the amount or share
payable to each of such persons in such a manner as to cover the whole of the amount
payable to the nominee.

(b) that the nomination shall become invalid in the event of the happening of a
contingency specified therein, provided that if at the time of making the nomination the
subscriber has no family, he shall provide in the nomination that it shall become valid in
the event of his subsequently acquiring a family :

Provided further that, if at the time of making the nomination the subscriber has only
one member of the family he shall provide in the nomination that the right conferred
upon the alternate nominee under clause (a) shall become invalid in the event of his
subsequently acquiring other member or members in his family.
(6) Immediately on the death of a nominee in respect of whom no special provision has
been made in the nomination under clause (a) of sub-rule (5) or on the occurrence of
any event by reason of which the nomination becomes invalid in pursuance of clause
(b) of sub-rule (5) or the proviso thereto, the subscriber shall send to the Accounts
Officer a notice in writing cancelling the nomination, together with a fresh nomination
made in accordance with the provisions of this rule.
(7) Every nomination made and every notice of cancellation given by the subscriber
shall, to the extent that it is valid, take effect on the date on which it is received by the
Accounts Officer.
6. Subscriber's Accounts. - An account shall be opened in the name of each
subscriber in which shall be credited,-

(i) The subscriber's subscription;

(ii) Contribution made under sub-rule (2) of rule 11 to his account;

(iii) Interest as provided by rule 14 on subscription and contributions.

7. Conditions and rates of subscription. - (1) Every subscriber shall subscribe

monthly to the fund when on duty or on foreign service but not during the period of
suspension :
Provided that, a subscriber on reinstatement after a period passed under suspension
shall be allowed the option of paying in one lump sum or in instalments any sum not
exceeding the maximum amount of arrears of subscriptions permissible for that period.
(2) A subscriber may at his option not subscribe during leave.
(3) A subscriber shall intimate his option not to subscribe during leave in the following
manner, namely :-

(a) if he is an officer who draws his own pay bills, by making no deduction on account of
subscription in his first pay bill drawn after proceeding on leave;

(b) if he is not an officer who draws his own pay bills, by written communications to the
Head of his Office before he proceeds on leave. Failure to make due and timely
intimation shall be deemed to constitute an election to subscribe. The options of a
subscriber intimated under this sub-rule shall be final.

(4) A subscriber who has under rule 29 withdrawn the amount of subscription and
interest thereon, shall not subscribe to the fund after such withdrawal, unless and until
he returns to duty.
8. Fixation of subscription. - (1) The amount of subscription shall be fixed by the
subscriber himself, subject to the following conditions, namely: -

(a) it shall be expressed in whole rupees;

[(b) it may be any sum, so expressed, [not less than 12 per cent.] of his basic pay and
dearness allowance and not more than his total emoluments.]

(2) For the purpose of sub-rule (1) above the emoluments of a subscriber shall be,-

(a) in the case of subscriber who was in the service of the Authority on the 31st March
of the preceding year the emoluments which he was entitled on that date :

Provided that -
(i) if the subscriber was on leave on the said date and elected not to subscribe during
such leave or was under suspension on the said date, his emoluments shall be the
emoluments to which he was entitled on the first day after his return to duty;

(ii) if the subscriber was on deputation out of India on the said date or was on leave on
the said date and continues to be on leave and has elected to subscribe during such
leave, his emoluments shall be the emoluments to which he would have been entitled
has he been on duty in India;

(iii) if the subscriber joined the fund for the first time on a day subsequent to the said
date, his emoluments shall be the emoluments to which he was entitled on such
subsequent date.

(b) in the case of a subscriber who was not in the service of the Authority on the 31st
March of the preceding year the emoluments to which he was entitled on the first day of
his service or, if he joined the fund for the first time on a date subsequent to the first day
of his service the emoluments to which he was entitled on such subsequent date ;

Provided that, if the emoluments of the subscriber are of a fluctuating nature, they shall
be calculated in such manner as the Authority may direct.
(3) The subscriber shall intimate the fixation of the amount of his monthly subscription in
each year in the following manner namely,-

(a) if he was on duty on the 31st March of the preceding year by the deduction which he
makes in this behalf from his pay bill for that month;

(b) if he was on leave on the 31st March of the preceding year and elected not to
subscribe during such leave, or was under suspension on that date, by the deduction
which he makes in this behalf from his first pay bill after his return to duty;

(c) if he has entered the service of the Authority for the first time during the year, or joins
the fund for the first time, by the deduction which he makes in this behalf, from his pay
bill for the month during which he joins the fund;

(d) if he was on leave on the 31st March of the preceding year; and continues to be on
leave and has elected to subscribe during such leave by the deduction which he made
in this behalf from his salary bill for that month.

(e) if he was on foreign service on the 31st March of the preceding year, the amount
credited by him to the Authority on account of subscription for the month of April in the
current year;

(f) if the emoluments are of the nature referred to in the proviso in sub-rule (2)(b) in such
manner as the Authority may direct.
(4) The amount of subscription so fixed may be reduced once at any time during the
course of the year or may be enhanced twice during the course of the year :
Provided that, if a subscriber is on duty for a part of a month and on leave for the
remainder of that month, and if he has elected not to subscribe during leave, the
amount of the subscription payable shall be proportionate to the number of days spent
on duty in the month.
9. Application of rules when on foreign services or on deputation. - When a
subscriber is transferred to foreign service or sent on deputation out of India he shall
remain subject to the rules of the fund in the same manner as if he were not so
transferred or sent on deputation.
10. Realisation of subscriptions. - (1) Before emoluments of the subscribers to the
fund are disbursed by any disbursing officer under the Authority, recovery of
subscription on account of these emoluments and of instalments of the principal and
interest on advances if any, shall be made from the emoluments and paid into a
Government treasury to the credit of Government.
(2) When emoluments are drawn from any other source, the subscriber shall forward his
dues monthly to the Accounts Officer who maintain his accounts.
11. Contribution by the Authority. - (1) The Authority shall make a contribution to the
account of each subscriber monthly by causing such amounts to be paid into the
Government treasury by the Accounts Officer, along with the subscriptions received
from the subscribers :
Provided that, if subscriber relinquishes the service or dies during any month,
contribution shall be credited to his account for the period between the close of the
preceding month and the date of relinquishing the service or the casualty, as the case
may be :
Provided further that, no contribution shall be payable in respect of any period for which
the subscriber is permitted under these rules, not to, or does not, subscribe to the fund.
(2) The contribution shall be made [at the rate of 12 per cent.] of the subscriber's
emoluments drawn on duty during the month or period, as the case may be.
(3) If a subscriber is on deputation out of India, the emoluments which he would have
drawn and he been on duty in India shall, for the purposes of this rule, be deemed to be
emoluments drawn on duty.
(4) Should a subscriber elect to subscribe during leave, his leave salary shall, for the
purposes of this rule, be deemed to be emoluments drawn on duty.
(5) Should a subscriber elect to pay arrears of subscription in respect of a period of
suspension, the emoluments or portion of emoluments, which he may be allowed for
that period on reinstatement, shall for the purpose of this rule, be deemed to be
emoluments drawn on duty.
(6) The amount of any contribution payable in respect of a period of foreign service
shall, unless it is recovered from the foreign employer be recovered by the Authority
from the subscriber.
(7) The amount of contribution payable shall be rounded to the nearest whole rupee
(fifty paise counting as the next higher rupee).
12. Overall control of the fund. - (1) Subject to the provisions of rule 3, the actual
administration of the fund including the grant of temporary advance to subscriber,
recovery thereof and such other matters pertaining thereto shall be looked after by the
Chief Executive Officer :
Provided that, the maintenance of individual accounts, reconciliation of the accounts
with the books in the office of the Accountant General, maintenance of consolidated
account of the fund shall be looked after by the Accounts Officer.
(2) The fund shall be subject to annual audit by the Auditors of Authority. A local test
check of the account shall be carried out by the Accountant General Maharashtra I or II,
as the case may be.
13. Keeping separate accounts for such subscriber. - Separate accounts shall be
kept for each subscriber by the Accounts Officer, showing the amount of his own
personal subscriptions together with his share of the monthly contribution of the
Authority with interest thereon. The account shall be maintained in whole rupee. The
portion of a rupee equal to or exceeding fifty paise being counted as one rupee and the
portion of a rupee less than fifty paise being ignored. A copy of his account for the
previous year shall be furnished to each subscriber not later than 31st July in each year.
14. Interest. - (1) The account of a subscriber shall be credited with interest and
incentive bonus at such rate and subject to such conditions as the Government may
from time to time, prescribe.
(2) Interest shall be credited with effect from the 31st March of each year in the
following manner, namely :-

(i) On the amount at the credit, of a subscriber on the 31st March of the preceding year,
less any sums withdrawn during the current year interest for twelve months;

(ii) On sums withdrawn during the current year interest from the 1st April of the current
year upto the last day of the month preceding the month of withdrawal;

(iii) On all sums credited to the subscriber's account after the 31st March of the
preceding year interest from the date of deposit unto the 31st March of the current year;

(iv) The total amount of interest shall be rounded to the nearest rupee in the manner
provided in sub-rule (7) of rule 11 :

Provided that, when the amount standing at the credit of a subscriber has become
payable, interest shall thereupon be credited under this sub-rule in respect only of the
period from the beginning of the current year or from the date of deposit as the case
may be upto the date on which the amount standing at the credit of the subscriber
become payable.
(3) For the purposes of this rule, the date of deposit shall be deemed to be the first day
of the month of receipt, if they are received and paid into the Government Treasury at
the credit of the Government by the Accounts Officer before the fifth day of that month
or, if they are received and paid into the Government Treasury on or after the fifth day of
that month the first day of the next succeeding month :
Provided that, where the emoluments for a month are drawn and disbursed on the last
working day of the same month the date of deposit shall, in case of recovery of his
subscription, be deemed to be the first day of the succeeding month.
(4) Where the recovery of any subscription is delayed due to delay in the drawal of pay
or leave salary of a subscriber, the interest on such subscriptions shall be payable from
the month in which the pay or leave salary of the subscriber was due irrespective of the
month in which it was actually drawn.
(5) In addition to any amount to be paid under rules 29, 30 or 31, interest thereon upto
the end of the month preceding that in which payment is made, or upto the end of the
six months, after the month in which such amount becomes payable, whichever of these
periods be less, shall be payable to the persons to whom such amount is to be paid :
Provided that, no interest shall be paid in respect of any period after the date which the
Accounts Officer has intimated to that person (or his agent) as the date on which he is
prepared to make payment in cash, or if he pays by cheque, after the date on which the
cheque in that person's favour is put in the post.
(6) The interest shall not be credited to the account of a subscriber if he informs the
Accounts Officer that he does not wish to receive it; but if he subsequently asks for
interest it shall be credited with effect from the 1st April of the year in which he asks for
it.
(7) The interest on amounts which under rule 29 or rule 30 are replaced to the credit of
the subscriber in the fund, shall be calculated at such rates as may be successively
prescribed under sub-rule (1) of this rule and so far as may be in the manner described
in this rule.

Note. - Payment of interest on the fund balances beyond a period of six months upto a
period of one year may be authorised by the accounts officer if he is satisfied that delay
in payment was due to circumstances beyond the control of the subscriber.

15. Advance from the fund. - A temporary advance may be granted to a subscriber
from the amount standing to his credit in the fund at the discretion of the Appropriate
Authority specified in the Fifth Schedule appended hereto subject to the following
conditions, namely :-

(A) No advance shall be granted unless the sanctioning authority is satisfied that the
subscriber's pecuniary circumstances justify it and that it will be expended on the
following object or objects and not otherwise :-

(i) to pay expenses in connection with the illness or confinement, including where
necessary the travelling expenses of the subscriber and members of his family or any
person actually dependent on him,

(ii) to meet the cost of higher education, including where necessary the travel expenses
of the subscriber or any person actually dependent upon him in the following cases,
namely :-

(a) for education outside India for any academic, technical, professional or
vocational course beyond the High School stage or a course of military education
in any Sainik School or military academy below the High School stage,
 (b) for any medical, engineering or other technical or specialised course in India
beyond the High School stage provided that the course of study is for not less
than three years.

(iii) to pay obligatory expenses on a scale appropriate to the applicant's status, which by
customary usage, the subscriber has to incur in connection with marriages, funerals or
other ceremonies of persons of his family or any other person actually dependent on
him,

(iv) to meet the cost of legal proceedings instituted by the subscriber for indicating his
position in regard to any allegations made against him in respect of any act done or
purporting to be done by him in the discharge of his official duty, the advance in this
case being available in addition to any advance admissible for the same purpose from
any other source of the Authority :

Provided that, the advance under this sub-clause shall not be admissible to a subscriber
who institutes legal proceedings in any court of law either in respect of any matter
unconnected with his official duty or against the Authority in respect of any condition of
service or penalty imposed on him,

(v) to meet the cost of his defence when he is prosecuted by Government or Authority in
any court of law or where the subscriber engages a legal practitioner to defend himself
in an enquiry in respect of any alleged official misconduct on his part,

(vi) to meet the cost of any legal proceedings instituted by a private party against the
subscriber in respect of the matter connected with the discharge of his official duties,

(vii)to pay the expenses incurred on account of repairs, additions, alterations or

improvements made to or in an existing house belonging to the subscriber or if he is a
member of a joint Hindu family to such family or to any person actually dependent on
him.

Note. - This provision will be applicable only to those subscribers under Provident Fund
Rules.

(viii) to purchase on out-right or on hire-purchase basis or erect a house or purchase

land for erecting a house individually or in a building owned either by a co-operative
society or Authority or the City Industrial Development Corporation of Maharashtra
Limited,

(ix) to purchase a solar cooker on the following conditions :-

(a) The price of solar cooker or three months to subscribers basic pay or half of
the amount of the subscriber's credit account whichever is minimum,
 (b) Competent Authority authorised to sanction advance for special reasons will
be the Competent Authority for sanctioning advance for the purchase of solar
cooker,

(c) During his entire service period, the subscriber will be permitted to get this
advance only once,

(B) An advance shall not, except for the special reasons, exceed three months pay and
shall in no case exceed the amount of subscription and interest thereon standing to the
credit of the subscriber in the fund.

(C) An advance shall not, except for the special reasons, be granted until at least three
months after the final repayment of all the previous advances and unless the amount
already advanced does not exceed two-thirds of the amount admissible under clause
(B) above.

(D) Notwithstanding anything contained in clauses (B) .and (C), the advance to be
sanctioned for the object mentioned in sub-clauses (iv), (v) or (vi) or clause (A) shall not
exceed three months pay or Rs. 500 whichever is greater, and shall in no case exceed
the amount of subscriptions and interest thereon standing to the credit of the subscriber
in the fund.

(E) When an advance is sanctioned under clause (C) before repayment of last
instalment of any previous advance is completed, the balance of any previous advance
not recovered shall be added to the advance now sanctioned instalments for recovery
shall be fixed with reference to the consolidated amount.

(F) The sanctioning authority shall record in writing its reasons for granting the advance
:

Provided that, if the reasons are of a confidential nature it may be communicated to the
sanctioning authority personally and confidentially.

(G) Subject to the conditions laid down in clauses (B) and (C) Authority may in special
circumstances sanction the payment to any subscriber of an advance if it is satisfied
that the subscriber concerned requires the advance for the reasons other than those
mentioned in clause (A). In fixing the amount of an advance, the sanctioning authority
shall pay due regard to the amount at the credit of the subscriber in the fund.

16. Recovery of advances. - (1) An advance shall be recovered from the subscriber in
such number of equal monthly instalments as the sanctioning authority may direct; but
such number shall not be less than twelve unless the subscriber so elects and more
than twenty-four. In special cases, where the amount of advance exceeds three months
pay of the subscriber under clause (B) of rule 15, the sanctioning authority may fix such
number of instalments to be more than twenty-four, but in no case more than thirty-six.
A subscriber may, at the option, repay more than one instalment in a month. Each
instalment shall be a number of whole rupees, the amount of the advance being raised
or reduced if necessary to admit of the fixation of such instalments.
(2) Notwithstanding anything contained in sub-rule (1), in cases where the advances is
granted for the objects specified in sub-clause (viii) of clause (A) of rule 15, the
sanctioning authority, if it is satisfied that pecuniary circumstances of the subscriber so
justify, may after recording the special reasons thereof and with the previous approval of
the Authority, fix the number of instalments to more than thirty-six but in no case
exceeding sixty.
(3) Recovery of an advance shall be made in the manner provided in rule 10 for the
recovery of subscriptions and shall commence with the issue of pay for the month
following the one in which the advance is drawn. The recovery of an advance shall not
be made except with the subscriber's consent while he is in receipt of subsistence grant
or is on leave other than leave on average pay or earned leave of less than one month
or 30 days duration, as the case may be. The recovery may be postponed, on the
subscriber's written request, by the sanctioning authority during the recovery of an
advance of pay granted to the subscriber.
(4) If an advance has been granted to a subscriber and drawn by him and the advance
is subsequently disallowed before repayment is completed, the whole or balance of the
amount withdrawn, shall forthwith be repaid by the subscriber to the fund, or in default
be ordered by the sanctioning authority to be recovered by deduction from the
emoluments of the subscriber in lump sum or if the Authority competent to sanction an
advance for the grant of which special reasons are required under clause (b) or clause
(c) of rule 15 so directs in instalments not exceeding twelve.
(5) Recoveries made under this rule shall be credited as they are made to the account
of the subscriber in the fund.
17. Withdrawals from the fund. - (1) (A) Subject to the provisions of this rule, final
withdrawals maybe sanctioned by the Appropriate Authority specified in the Fifth
Schedule at any time after the completion of fifteen years of service (including broken
periods of service, if any) of a subscriber or within ten years before the date of his
retirement on superannuation whichever is earlier, from the amount standing to his
credit in the fund, for one or more of the following proposes:-

(a) (i) building or (ii) purchasing a suitable house for his residence, including the cost of
the site, or (iii) repaying any outstanding amount on account of the loans expressly
taken for this purpose, (iv) reconstructing or making additions or alterations to a house
already owned or acquired by a subscriber;

Note. - Withdrawal under this sub-clause shall also be allowed where the house site or
house is in the name of wife or husband provided she or he is the first nominee to
receive the fund money in the nomination made by the subscriber.

(b) for purchasing a house site or repaying any outstanding amount on account of loan
expressly taken for this purpose;

(c) for constructing a house on a site purchased by utilising the sum withdrawn under
clause (b);
(d) for constructing or purchasing a flat on ownership basis in a building owned either by
a co-operative society or by the Authority, or City and Industrial Development
Corporation of Maharashtra Limited;

(e) for purchasing a flat on hire-purchase basis in a building constructed either by a

cooperative society or the Authority or City and Industrial Development Corporation of
Maharashtra Limited;

(f) for repaying any loan taken under the Low Income Group Housing Scheme
sponsored by the Government of India;

(g) for acquiring a farm land or business premises or both within six months before the
date of subscriber's retirement;

(B) Subject to the provision of this rule, final withdrawals may be sanctioned by the
Appropriate Authority specified in the Fifth Schedule at any time after the completion of
twenty years of service (including broken periods of service, if any) of a subscriber or
within ten years before the date of his retirement on superannuation whichever is
earlier, from the amount standing to his credit in the fund, for one or more of the
following purposes:-

(a) for meeting the cost of higher education including where necessary the travelling
expenses of the subscriber or any child of the subscriber in the following cases,
namely:-

(i) for education outside India for academic, technical, professional or vocational
course beyond the High School stage, and

(ii) for any medical, engineering or other technical or specialised course in India
beyond High School stage;

(b) for meeting expenditure in connecting with the betrothal or marriage of the
subscriber or his sons or daughters or any under female relation actually dependent on
him;

(c) for meeting expenses in connection with an illness including where necessary the
travelling expenses of the subscriber and members of his family or any person actually
dependent on him.

(C) Subject to the provision of this rule, final withdrawals may be sanctioned by the
Appropriate Authority specified in the Fifth Schedule at any time after the completion of
twenty-five years of service (including broken period or who have less than five years to
attain the age of superannuation from the amount standing to his credit in the fund for
purchasing a motor car for the purpose, subject to the following conditions:-

(i) the officer's pay is Rs. 1,000.00 or more.

(ii) the amount of withdrawal is limited to Rs. 16,000 or one-third of the amount of
subscription with interest thereon standing to the credit of the subscriber in the C. P. F.
or the actual price of the car, whichever the least. The sanctioning authority may,
however, sanction the withdrawal of an amount in excess of this limit upto one half of
the balance at subscriber's credit in the fund account, if considered necessary as a
special case.

(D) Final withdrawal for paying deposit for registering the name for the purchase of
Motor Car/Motor Cycle/Scooter/Moped etc., subject to the following conditions:-

(i) The officer's basic monthly pay should be Rs. 1,500 or above for registering the
name for the purchase of motor car. For purchasing motor bike, scooter, etc., the
officer's monthly basic pay should be Rs. 500 or above. (Here basic pay means pay as
defined in Maharashtra Civil Services Rules, 1981. It excludes special pay, dearness
pay and other increments or similar type of pay but it will include professional
allowance).

(ii) The money amounting to Rs. 10,000 for motor car or Rs. 500 for motor cycle etc., or
the half of the amount in the subscriber's account or the exact amount required for
registering the name for purchase of motor car/motor bike etc., whichever is less can be
withdrawn.

(2) The withdrawals shall be permissible,-

(a) In cases falling under clauses (a), (c), (d) or (e) of sub-rule (1)(A) is not less than two
and not more than four equal instalments each one to be sanctioned separately after
verifying the progress of construction of work :

Provided that, for purchasing a house including the cost of site or for purchasing on
ownership basis, any flat which is ready for occupation at the time of withdrawal or for
repaying any outstanding amount on account of loan expressly taken for any of the said
purposes; the amount of withdrawal shall be paid in one instalment at the request of the
subscriber.

(b) In cases falling under clause (B) of sub-rule (1) in suitable instalments to be
specified by the subscriber, each one to be sanctioned separately after verifying that the
earlier one was fully utilised for the purpose for which it was sanctioned.

Note. - A refundable advance drawn for the same purpose shall be deemed as a final
withdrawal for the purpose of this clause.

(c) In cases falling under sub-clause (c) of clause (b) of sub-rule (1) not earlier than
three months from the month in which the marriage actually is to take place.

(d) In cases falling under sub-clause (c) of clause (b) of sub-rule (1) once in a year.
(3)(a) The construction of a house shall be commenced within six months of withdrawal
of the amount and shall be completed within a period of one year from the date of
commencement of construction. In the case of withdrawal for purchase of a ready built
house, an undisputed title to the house and the land shall be secured within three
months of the withdrawal.

(iii) Receipt will have to be produced regarding deposit within a month otherwise amount
will have to be returned.

(iv) As a special case, the Secretary of the H. & S. A. Department may sanction
refundable advance to that officer who has not more than six months for completing his
15 years service. The refundable advance may be recovered by 36 maximum
instalments.

(v) The officer who has been sanctioned refundable advance and he after completing 15
years service can transfer this from refundable to final withdrawal.

(vi) Under this scheme final withdrawal is permissible only for once.

(b) The purchase of a house site under clause (b) of sub-rule (1) shall be made with a
period of one month of the withdrawal, or the withdrawal of the first instalment, as the
case may be.

(c) The house or flat proposed to be purchased or constructed from the amount
withdrawn as aforesaid shall be situated at the place of duty of the subscriber or at his
intended place of residence after retirement.

(d) Withdrawal shall be permissible for building, acquisition or redemption of one house
only, and in these cases only where the subscriber does not already own a house at the
place referred to in clause (c) of this sub-rule.

(4) Any sum withdrawn by the subscriber at any time for one or more of the purposes
specified in rule 17(1) from the amount standing to his credit in the fund shall not
ordinarily exceed one-half or the amount of subscription and interest thereon or six
month's pay whichever is less. The sanctioning authority may for sufficient reasons to
be recorded in writing however sanction the withdrawal of an amount in excess of this
limit upto ¾ th of the balance at his credit in the fund having due regard to (i) the object
for which the withdrawal is being made, (ii) status of the subscriber, (iii) the amount to
his credit in the fund :
Provided that, in the case of subscriber who has availed himself of an advance from any
other source the sum withdrawn under this sub-rule together with the amount of
advance taken from such source shall not exceed rupees one lakh or 80 times the
monthly pay, whichever is less.
(5) A subscriber who has been permitted to withdraw money in full or in part from the
fund under this rule shall satisfy the sanctioning authority within a period specified in this
behalf that the money has been utilised for the purpose for which it was withdrawn, and
if he fails to do so the whole of the sum so withdrawn or so much thereof as has not
been applied for the purpose for which it was withdrawn shall forthwith be repaid in one
lump sum by the subscriber, and in default of such payment it shall be ordered by the
sanctioning authority to be recovered from his emoluments either in a lump sum or in
such number of monthly instalments as may be determined by the sanctioning authority.
(6) In the case of construction or purchase of a house, the subscriber shall not part with
the possession of the house so built or acquired or house site so purchased, by way of
sale, mortgage, gift, exchange or lease for a term exceeding three years or otherwise
however without the previous permission of the sanctioning authority and shall submit in
the forms set forth in the Sixth Schedule an annual declaration on or before the 31st
December in each year and shall, if required, produce before the sanctioning authority
on or before the date specified by that Authority in that behalf, the original sale deed
and other documents on which his title to the property is based. If at any time before
retirement, he parts with the possession of the house or house site without obtaining the
previous permission of the sanctioning authority, the sum withdrawn by him shall
forthwith be repaid in one lump sum by the subscriber to the fund and in default of such
repayments it shall be ordered by the sanctioning authority, to be recovered from his
emoluments either in one lump sum or in such number of monthly instalments, as may
be determined by the sanctioning authority.
18. Conversion of an advance into a final withdrawal. - A subscriber who has
already drawn or may draw in future an advance under rule 15 for any of the purposes
specified in sub-clauses (a), (b) and (c) of clause (B) of sub-rule (1) of rule 17 may
convert by written request addressed to the sanctioning authority the balance
outstanding against it into a final withdrawal on his satisfying the conditions laid down in
clause (B) of sub-rule (1) of rule 17.
19. Payment towards insurance policies and family pension funds. - Subject to the
conditions contained in rules 20 to 27,-

(a) (i) subscription to a family pension fund approved in this behalf by Government; or
(ii) payments towards an insurance policy may, at the option of a subscriber, be
substituted in whole or part for subscriptions due to fund;

(b) The amount of subscriptions with interest thereon standing to the credit of a
subscriber in the fund may be withdrawn to meet;

(i) Payment towards an insurance policy;

(ii) Purchase of a single payment insurance policy;

(iii) Payment of a single premium or subscription to such a family pension fund as

already approved or as may be approved by Government for purposes of the
Contributory Provident Fund:

Provided that, no amount shall be withdrawn (1) before the details of the proposed
policy have been submitted to the Accounts Officer and accepted by him as suitable, or
(2) to meet any payment or purchase made or effected more than twelve months before
the withdrawal, or (3) in excess of the amount required to meet a premium or
subscription actually due for payment within six months of the date of withdrawal.
Explanation 1. - For the purpose of this provision due date of payment will be the date
upto which payment can be made including the grace period allowed by the Life
Insurance Corporation of India or insurance companies.
Explanation 2. - Under clause (3) of this proviso, no withdrawal from the fund for
financing a policy of Life Insurance shall be made after the due date of payment without
production of the premium receipt in token of such payment ;
Provided further that, payments towards an educational endowment policy may not be
substituted for subscription to the fund and that no amount may be withdrawn to meet
any payment or purchase in respect of such a policy if that policy is due for payment in
whole or part before the subscriber's age of normal superannuation.

(c) Any amount withdrawn under clause (b) shall be paid in whole rupee only rounded to
the nearest rupee in the manner provided in sub-rule (7) of rule 11.

(d) The number of policies in respect of which substitution for subscriptions due to the
fund or withdrawal of subscriptions from the fund may be permitted under this rule shall
not exceed four.

(e) The premium for a policy in respect of which withdrawal of subscription from the fund
may be permitted under this rule shall not be payable otherwise than annually.

Explanation. - In computing the maximum number of policies specified in clause (d)

policies which have matured or have been converted into paid up ones shall be
excluded.
20. Rounding off difference and continuance of subscription. - (1) If the total
amount of any subscription or payment substituted under clause (a) of rule 19 is less
than the amount of the minimum subscription payable to the fund under rule 8, the
difference shall be round off to the nearest rupee in the manner provided in sub-rule (7)
of rule 11 and paid by the subscriber as a subscription to the fund.
(2) If the subscriber withdraws any amount standing to his credit in the fund for any of
the purpose specified in clause (b) of rule 19 he shall, subject to his option under clause
(a) of the rule continue to pay to the fund the subscription payable under rule 8.
21. Mode of reduction in subscription. - (1) A subscriber who desires to substitute a
subscription of payment under clause (a) of rule 19 may reduce his subscription to the
fund accordingly :
Provided that, the subscriber shall (a) intimate to the Accounts Officer on his pay bill or
by letter the fact of and reason for the reduction; (b) send to the Accounts Officer, within
such period as the Accounts Officer may require, receipts or certified copies of receipts
in order to satisfy the Accounts Officer that the amount by which the subscription has
been reduced was duly applied for the purpose specified in clause (a) of rule 19.
(2) A subscriber who desires to withdraw any amount under clause (b) of rule 19 shall -

(a) intimate the reason for the withdrawal to the Account Officer by letter;
(b) make arrangements with the Accounts Officer for the withdrawal;

(c) send to the Accounts Officer within such period as the accounts officer may require
receipts or certified copies of receipts in order to satisfy the Accounts Officer that the
amount withdrawn was duly applied for purposes specified in clause (b) of rule 19.

(3) The Accounts Officer shall order the recovery of any amount by which subscriptions
have been reduced, or of any amount withdrawn, in respect of which he has not been
satisfied in the manner required by clause (b) of the proviso to sub-rule (1) and clause
(c) of sub-rule (2) with interest thereon at the rate provided in rule 14, from the
emoluments of the subscriber and place it to the credit of the subscriber in the fund.
22. Payments towards insurance policy. - (1) The Authority will not make any
payment on behalf of subscribers to Insurance Companies, nor take steps to keep a
policy alive.
(2) It is immaterial what form the policy takes provided that it shall be one effected by
the subscriber himself on his own life and shall (unless it is a policy expressed on the
face of it to be for the benefit of his wife, or of his wife and children or any of them) be
such as may be legally assigned by the subscriber himself to the Governor of
Maharashtra.
Explanation 1. - A policy on the joint lives of the subscriber and subscriber's wife or
husband shall be deemed to be a policy on the life of the subscriber himself for the
purpose of this sub-rule.
Explanation 2. - A policy which has been assigned to the subscriber's wife shall not be
accepted unless either the policy is first reassigned to the subscriber or the subscriber
and his wife both join in an appropriate assignments.
(3) The policy may not be effected for the benefit of any beneficiary other than the wife
or husband of the subscriber or the wife or husband and children of the subscriber or
any of them.
23. Financing the insurance policy. - (1) The policy within six months after the first
withholding of a subscription or withdrawal from the fund in respect of the policy, or in
the case of an insurance company whose headquarters are outside India, within such
further period as the Accounts Officer, if he is satisfied by the production of the
completion certificate (interim receipts), may fix, shall,-

(a) unless it is policy effected by a male subscriber which is expressed on the face of it
to be for the benefit of the wife of the subscriber, or of his wife and children, or any of
them, be assigned to the Governor of Maharashtra, as security for the payment of any
sum which may become payable to the fund under rules 25 to 27, and delivered to the
Accounts Officer, the assignment being made by endorsement on the policy in Form (1)
or Form (2) or Form (3) of the Forms in the Second Schedule according as the policy is
on the life of the subscriber or on the joint lives of the subscriber and the subscriber's
wife or husband or the policy has previously been assigned to the subscriber's wife or
husband.
(b) If it is a policy effected by a male subscriber which is expressed on the face of it to
be for the benefit of the wife of the subscriber or of his wife and children, or any of them,
be delivered to the Accounts Officer.

(2) The Accounts Officer shall satisfy himself by reference to the Insurance Company,
where possible, that no prior assignment of the policy exists.
(3) Once a policy has been accepted by the Accounts Officer for the purpose of being
financed from the fund, the terms of the policy shall not be altered nor shall the policy be
exchanged for another policy without the prior consent of the Accounts Officer to whom
details of the alteration or of the new policy shall be furnished.
(4) If the policy is not assigned and delivered or delivered within the said period of six
months or such further period as the Accounts Officer may. under sub-rule (1) have
fixed, any amount withheld or withdrawn from the fund in respect of the policy shall
forthwith be paid or repaid, as the case may be, by the subscriber, to the fund, or in
default be ordered by the Accounts Officer to be recovered by deduction from the
emoluments of the subscriber by instalments or otherwise, as may be directed by the
Authority competent to sanction an advance for the grant of which special reasons are
required under clause (B) or clause (C) of rule 15.
(5) Notice of assignment of the policy shall be given by the subscriber to the Insurance
Company and the acknowledgement of the notice by the Insurance Company shall be
sent to the Accounts Officer within three months of the date of assignment.
24. Withdrawal of bonus during currency of the policy. - The subscriber shall not
during the currency of the policy draw any bonus the drawal of which during such
currency is optional under the terms of the policy and the amount of any bonus which
under the terms of the policy the subscriber has no option to refrain from drawing during
the currency shall be paid forthwith into the fund by the subscriber or in default
recovered by deduction from his emoluments or otherwise as may be directed by the
sanctioning authority.
25. Reassignment of return of policy. - (1) Save as provided by sub-rule (3) of rule
27, when the subscriber -

(a) quits the service; or

(b) has proceeded on leave preparatory to retirement and applies to the Accounts
Officer for reassignment or return of the policy; or

(c) while on leave has been permitted to retire or declared by Competent Medical
Authority to be unfit for further service and applies to the Accounts Officer for
reassignment on return of the policy; or

(d) pays or repays to the fund the whole of any of the purposes mentioned in sub-clause
(ii) of clause (a) and sub-clauses (i) and (ii) of clause (b) of rule 19, the Accounts Officer
shall,-

(i) if the policy has been assigned to the Governor of Maharashtra under rule 23
reassigns the policy in the first form set forth in the Third Schedule to the subscriber or
to the subscriber and the joint assured, as the case may be, and make it over to the
subscriber together with a signed notice of the reassignment addressed to the
Insurance Company;

(ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of rule 23,
make over the policy of the subscriber :

Provided that, if the subscriber, after proceeding on leave preparatory to retirement or

after being while on leave, permitted to retire or declared by Competent Medical
Authority to be unfit for further service, returns to duty, any policy so reassigned or
made over shall, if it has not matured or been assigned or charged or encumbered in
any way, be again assigned to the Governor of Maharashtra and delivered to the
Accounts Officer, as the case may be, in the manner provided in rule 22 and thereupon
the provisions of these rules shall so far as may be, again, apply in respect the policy :
Provided further that, if the policy has matured or been assigned or charged or
encumbered in any way, the provisions of sub-rule (4) of rule 23 applicable to a failure
to assign and deliver a policy shall apply.
(2) Save as provided by sub-rule (3) of rule 27, when the subscriber dies before quitting
the service, the Accounts Officer shall -

(i) if the policy has been assigned to the Governor of Maharashtra under rule 23,
reassign the policy in the Second Form set forth in the Third Schedule to such person,
as may be legally entitled to receive it, and shall make over the policy to such person
together with a signed notice of the reassignment addressed to the Insurance
Company;

(ii) if the policy has been delivered to him under clause (b) of sub-rule (1) of rule 23
make over the policy to the beneficiary if any or if there is no beneficiary, to such person
as may be legally entitled to receive it.

26. Payment on maturity of assigned policy. - (1) If a policy assigned to the Governor
under rule 23 or under the corresponding rule heretofore in force, matures before the
subscriber quits the service, or if a policy on the joint lives of a subscriber and the
subscriber's wife or husband, assigned under the said rule or under the corresponding
rule heretofore in force, falls due for payment by reason of the death of the subscriber's
wife or husband, the Accounts Officer shall, save as provided by sub-rule (3) of rule 27,
realise the amount assured together with any accrued bonuses and shall place the
amount so realised to the credit of the subscriber in the fund:
Provided that, if the amount assured together with the amount of any accrued bonus is
more than the whole of the amount withheld or withdrawn, it shall be the duty of the
Accounts Officer to pay to the subscriber the difference on receipt of a written
application in this behalf.
(2) Save as provided by sub-rule (3) of rule 27, if a policy delivered to the Accounts
Officer under clause (b) of sub-rule (1) of rule 23 matures before the subscriber quits
the service the Accounts Officer shall make over the policy to the subscriber :
Provided that, if the interest in the policy of the wife of the subscriber, or of his wife and
children, or any of them, as expressed on the face of the policy, expires, when the
policy matures, the subscriber, if the policy moneys are paid to him by the Insurance
Company, shall immediately on receipt thereof pay or repay to the fund either,-

(i) the whole of any amount withheld or withdrawn from the fund in respect of the policy;
or

(ii) an amount equal to the amount assured together with any accrued bonuses,
whichever is less; and in default, the provisions of rule 28, shall apply as they apply in
relation to cases where money withheld or withdrawn from the fund under clause (a) or
clause (b) of rule 19 has been utilised for a purpose other than that for which sanction
was given to the withholding or withdrawal.

27. Ceasure of interest in the family pension funds and lapse of policy or its
assignment to someone other than the Governor. - (1) If the interest of the
subscriber in the family pension fund ceases in whole or part from any cause
whatsoever, the Contributory Provident Fund Account of the subscriber shall forthwith
be reimbursed by the amount of the refund if any, secured by the subscriber from the
family pension fund which amount shall in default of reimbursement, be deducted from
the subscriber's emoluments by instalments or otherwise as may be directed by the
Authority specified in the Fifth Schedule as competent to grant advances to such
subscriber under rule 15.
(2) If the policy lapses or is assigned otherwise than to the Governor of Maharashtra
under rule 23 charged or encumbered, the provisions of sub-rule (4) of rule 23
applicable to a failure to assign or deliver a policy shall apply.
(3) If the Accounts Officer receives notice of -

(a) an assignment (other than an assignment to the Governor of Maharashtra under rule
23); or

(b) a charge of encumbrance on; or

(c) an order of a Court restraining dealings with the policy or any amount realised
thereon, the Accounts Officer shall not,-

(i) reassign or make over the policy as provided in rule 25 or,

(ii) realise the amount assured by the policy, or reassign or make over the policy, as
provided in rule 26 but shall forthwith refer the matter to Government through the
Authority.

28. Consequences of utilisation of advance for the purpose other than for its
sanction. - Notwithstanding anything contained in these rules if the sanctioning
authority is satisfied that money drawn as an advance from the fund under clause (a) of
rule 15 or withheld or withdrawn from the fund under clause (a) or clause (b) of rule 19
has been utilised for a purpose other than that for which sanction was given to the
drawal, withhold or withdrawal of the money, the amount in question shall forthwith be
repaid or paid, as the case may be, by the subscriber to the fund or in default, be
ordered to be recovered by deduction in one sum from the emoluments of the
subscriber, even if he be on leave. If the total amount to be repaid or paid, as the case
may be, be more than half of the subscriber's emoluments, recoveries shall be made in
monthly instalments of moieties of his emoluments till the entire amount recoverable be
repaid or paid, as the case may be, by him.

Note. - The term "emoluments" as used in this rule does not include subsistence grant.

29. Circumstances in which accumulations are payable. - Where a subscriber quits

the service, the amount standing to his credit in the fund shall, subject to any deduction
under rule 32 becomes payable to him :
Provided that, a subscriber, who has been dismissed from the service and is
subsequently reinstated in the service shall, if required to do so by the Authority, repay
any amount paid to him from the fund in pursuance of this rule, with interest thereon at
the rate provided in rule 14 in the manner provided in proviso to rule 30. The amount so
repaid shall be credited to his account in the fund, the part which represents his
subscriptions and interest thereon, and the part which represents the contribution of the
Authority with the interest thereon being accounted for in the manner provided in rule 6.
30. Credits in fund when become payable to the subscriber. - When a subscriber,-

(a) has proceeded on leave preparatory to retirement;

(b) while on leave has been permitted to retire or declared by a competent medical
authority to be unfit for further service, the amount of subscription and interest thereon
standing to his credit in the fund shall, upon application made by him in this behalf to the
Accounts Officer become payable to the subscriber :

Provided that, the subscriber, if he returns to duty shall, if required to do so by the

Authority, repay to the fund, for credit to his account the whole or part of any amount
paid to him from the fund in pursuance of this rule, with interest thereon at the rate
provided in rule 14 in cash or securities, or partly in cash and partly in securities by
instalments or otherwise, by recovery from his emoluments or otherwise, as the
Authority may direct.
31. Manner of payment of fund amount on the death of subscriber. - Subject to any
deductions under rule 32, on the death of a subscriber before the amount standing to
his credit has become payable or if the amount has become payable, before payment
has been made,-

(1) When the subscriber leaves a family,-

(a) if a nomination made by the subscriber in accordance with the provisions of these
rules in favour of a member or members of his family subsists, the amount standing to
his credit in the fund or the part thereof to which the nomination relates, shall become
payable to his nominee or nominees in the proportion specified in the nomination.

(b) if no such nomination in favour of a member or members of the family of the

subscriber subsists, or if such nomination relates only to a part of the amount standing
to his credit in the fund the whole amount or a part thereof to which the nomination does
not relate, as the case may be. shall notwithstanding any nomination purporting to be in
favour of any person or persons other than a member or members of his family, become
payable to the members of his family in equal shares :

Provided that, no share shall be payable to,-

(i) sons who have attained legal majority;

(ii) sons of a deceased son who have attained legal majority;

(iii) married daughters whose husbands are alive;

(iv) married daughters of a deceased son whose husbands are alive; if there is any
member of the family other than those specified in clauses (i), (ii), (iii) and (iv) ;

Provided further that, the widow or widows and the child or children of a deceased son
shall receive between them in equal parts only the share which that son would have
received if he had survived the subscriber and had been exempted from the provision of
clause (i) of the first proviso.

(2) When the subscriber leaves no family, if a nomination made by him in accordance
with the provisions of rule 5 in favour of any person or persons subsists, the amount
standing to his credit in the fund or the part thereof to which the nomination relates,
shall become payable to his nominee or nominees in the proportion specified in the
nomination.

32. Deduction. - Subject to the condition that no deduction may be made which
reduces the credit by more than the amount of any contribution by the Authority with
interest thereon credited under rules 11 and 14 before the amount standing to the credit
of a subscriber in the fund is paid out of the fund, the Authority may direct the deduction
therefrom and payment to the Authority of,-

(a) any amount if a subscriber has been dismissed from the service for grave
misconduct :

Provided that, if the order of dismissal is subsequently cancelled the amount so

deducted shall, on his reinstatement in the service, be replaced at his credit in the fund.
(b) any amount, if within five years of the commencement of service, a subscriber
resigns his employment under the Authority or the services of a subscriber are within
the period aforesaid terminated otherwise than by reason of -

(i) Superannuation, or

(ii) General retrenchment, or

(iii) The dissolution of (he Authority, or

(iv) Declaration by a Competent Medical Authority approved by the Authority that the
subscriber is unfit for further services, or

(v) Death, or

(vi) ill-health or other unavoidable cause :

Provided that, in the case of resignation within 5 years of commencement of service,

deduction may be upto 75% of the Authority's contribution and interest thereon if the
period of service is less than 3 years; 50% of the Authority's contribution and interest
thereon if the period of service is more than 3 years and less than 4 years; and 25% of
the Authority's contribution and interest thereon if the period of service is 4 years or
more but less than 5 years.

Note 1. - For the purpose of sub-clause (b) of this rule, the period of 5 years shall be
reckoned from the date of admission to the fund.

Note 2. - The powers of the Authority under this rule, may in respect of the amount
referred to therein be exercised by the Authority competent to sanction an advance for
the grant of which special reasons are required under clause (B) or clause (C) of rule
15.

(c) any amount due under a liability incurred by the subscriber to the Authority.

33. Payment. - (1) When the amount standing to the credit of a subscriber in the fund or
the balance thereof after any deduction under rule 32 becomes payable it shall be the
duty of the Accounts Officer after satisfying himself, when no deduction has been
directed under that rule, that no deduction is to be made, to make payment as provided
in section 4 of the Provident Fund Act, 1925.
(2) If the person to whom under these rules, any amount or policy is to be paid,
assigned, reassigned or delivered is a lunatic for whose estate a manager has been
appointed in this behalf under the Indian Lunacy Act, 1912, the payment or
reassignment or delivery will be made to such manager and not to the lunatic ;
Provided that, where no manager has been appointed and the person to whom the sum
is payable is certified by a Magistrate to be a lunatic the payment shall under the orders
of the Collector, be made in term of subsection (1) of section 95 the Indian Lunacy Act,
1912 to the person having charge of such lunatic and the Accounts Officer shall pay
only the amount which he thinks fit to the person having charge of the lunatic and the
surplus if any, on such part thereof as he thinks fit, shall be paid for the maintenance of
such members of the lunatic's family as are dependent on him for maintenance.
(3) Payment of the amount withdrawn shall be made in India only. The persons to whom
the amounts are payable shall make their own arrangements to receive payment in
India. The following procedure shall be adopted for claiming payment by a subscriber :-

(i) A subscriber may submit an application to the Accounts Officer through the head of
the office or department for payment of the amount in the fund at least one year in
advance of the date of superannuation. The application may be made for the amount
standing to his credit in the fund as indicated in the accounts statement for the year
ending one year prior to his superannuation or for the amount as indicated in his Ledger
Account in case the accounts statement has not been received.

(ii) The head office or department shall forward the application to the Accounts Officer
indicating the advances taken and the recoveries effected against the advances which
are still current and the number of instalments yet to be recovered in respect of each
advance and also indicate the withdrawals if any taken by the subscriber.

(iii) The Accounts Officer shall after verification with the Ledger Account issue an
authority for the amount indicated in the application at least a month before the date of
superannuation but payable on the date of superannuation.

(iv) The Authority mentioned in clause (iii) will constitute the first instalment of payment.
A second authority for payment will be issued as soon as possible, after the
superannuation. This will relate to the contribution made by the subscriber and the
Authority subsequent to the amount mentioned in the application submitted under
clause (i) plus the refund of instalments against advances which are current at the time
of the first application.

(v) The advances or withdrawals sanctioned after the forwarding of the application for
final payment to the Accounts Officer should be intimated to the Accounts Officer
immediately and acknowledgement obtained by the sanctioning authority.

Note. - When the amount standing to the credit of a subscriber has become payable
under rules 29, 30 and 31 the Accounts Officer shall authorise prompt payment of the
amount in the manner indicated in sub-rule (3).

(4) When the amount standing to the credit of a subscriber has become payable under
rules 29, 30 or 31 the Accounts Officer shall authorise prompt payment of the portion of
the amount standing to the credit of a subscriber in regard to which there is no dispute
or doubt the balance being adjusted as soon thereafter as may be.
34. Removal of hardship. - Where the Authority is satisfied that the operation of any of
these rules causes or is likely to cause undue hardships to subscribers, it may
notwithstanding anything in these rules deal with the case of such subscriber in such
manner as may appear to it to be just and equitable.
35. Procedure. - All sums paid into the fund under these rules shall be credited in the
books of Government to an account named the "Maharashtra Housing and Area
Development Authority Contributory Provident Fund Account". Sums and which
payment has not been taken within one year after they become payable under these
rules shall be transferred to "Deposits" after the 31st March of the year and treated
under the ordinary rules of Authority relating to deposits.
36. Reference of account number while seeking payment of fund amount. - When
paying a subscription either by deduction from emoluments or in cash, a subscriber
shall quote the number of his account in the fund, which shall be communicated to him
by the Accounts Officer. Any change in the number shall similarly be communicated to
the subscriber by the Accounts Officer.
37. Furnishing of statement of account. - (1) As soon as possible after the 31st
March of each year, the Accounts Officer shall send to each subscriber a statement of
his account in the fund showing the opening balance as on the 1st April of the year, the
total amount credited or debited during the year, the total amount of interest credited as
on the 31st March of the year and the closing balance on the date. The Accounts Officer
shall attach to the statement of accounts an enquiry whether the subscriber,-

(a) desires to make alteration in any nomination made under rule 5;

(b) has acquired a family (in case where the subscriber has made no nomination in
favour of a member of his family under the proviso to sub-section (11) of rule 5).

(2) Subscribers should satisfy themselves as to the correctness of the annual statement
and errors should be brought to the notice of the Accounts Officer within six months
from the date of receipt of the statement.
(3) The Accounts Officer shall, if required by the subscriber once, but not more than
once, in a year, inform the subscriber of the total amount standing to his credit in the
fund at the end of the last month for which his account has been written up.
38. Transfer of "original fund" amounts. - All sums forming part of the Bombay
Housing Board Contributory Provident Fund constituted under the Bombay Housing
Board Contributory Provident Fund Rules, 1953, the Vidarbha Housing Board
Contributory Provident Fund constituted under Vidarbha Housing Board Contributory
Provident Fund Regulations, 1959 (hereinafter referred to as "the Original Fund")
immediately before the commencement of these rules shall stand transferred to and be
credited in, the books of the State Government to the account named "The Maharashtra
Housing and Area Development Authority Contributory Provident Fund" and all sums
standing to the credit of the subscribers in the original fund shall stand transferred to
their respective credit in the fund.

First Schedule

[See rule 5(3)]

 Forms of Nomination

I - When the subscriber has a family and wishes to nominate one member thereof.
I hereby nominate the person mentioned below, who is a member of my family as
defined in rule 2 of the Maharashtra Housing and Area Development Authority
Contributory Provident Fund Rules to receive the amount that may stand to my credit in
the fund, in the event my death before that amount has become payable or having
become payable, has not been paid:-
Name Relationship Age Contingencies Name, address and
and with on the relationship of the
Address subscriber happening of person, if any, to
of which the whom the right of
Nominee nomination the nominees shall
shall become pass in the event of
invalid his predeceasing
the subscriber
(1) (2) (3) (4) (5)

Dated this ................ day of ......... 19 ........... at .................

Two witnesses to signature

1. ....................

2. ....................

Signature of subscriber.

II - When the subscriber has a family and wishes to nominate more than one
member thereof.
I, hereby nominate the person mentioned below, who are members of my family as
defined in rule 2 of the Maharashtra Housing and Area Development Authority
Contributory Provident Fund Rules to receive the amount that may stand to my credit in
the fund, in the event of my death before that amount has become payable or having
become payable, has not been paid, and direct that the said amount shall be distributed
among the said persons in the manner shown below against their names:-
Name Relationship Age Amount of Contingencies Name,
and with share of on the address and
Address subscriber accumulations happening of relationship
of to be paid to which the of the person
Nominee each nomination or persons,
if any, to
 shall become whom the
invalid right of the
nominees
shall pass in
the event of
his
predeceasing
the
subscriber
(1) (2) (3) (4) (5) (6)

* Note. - This column should be filled in so as to cover the whole amount that may stand
to the credit of the subscriber in the fund at any time. Dated this .................... day
of.......... 19 ......... at.........

Two witnesses to signature

1. ....................

2. ....................

Signature of subscriber.

III - When the subscriber has no family and wishes to nominate one person.
I, having no family as defined in rule 2 of the Maharashtra Housing and Area
Development Authority Contributory Provident Fund Rules hereby nominate the person
mentioned below to receive the amount that may stand to my credit in the fund, in (he
event of my death before that amount has become payable, or having become payable
has not been paid:-
Name Relationship Age *Contingencies Name, address
and with on the and relationship of
Address subscriber happening of the person or
of which the persons, if any, to
Nominee nomination whom the right of
shall become the nominees shall
invalid pass in the event
of his
predeceasing the
subscriber
(1) (2) (3) (4) (5)
* Note. - When a subscriber who has no family makes a nomination, he shall specify in
this column that the nomination shall, becomes invalid in the event of his subsequently
acquiring family.

Dated this ............. day of ........... 19 ............ at ..............

Two witnesses to signature

1. ....................

2. ....................

Signature of subscriber.

IV - When the subscriber has no family and wishes to nominate more than one
person.
I, having no family as defined in rule 2 of the Maharashtra Housing and Area
Development Authority Contributory Provident Fund Rules hereby nominate the person
mentioned below to receive the amount that may stand to my credit in the fund, in the
event of my death before that amount has become payable, or having become payable
has not been paid, and direct that the said amount shall be distributed among the said
persons in the manner shown below against their names :-
Name Relationship Age * Amount of † Name,
and with share of Contingencies address and
Address subscriber accumulations on the relationship
of to be paid to happening of of the person
Nominee each which the or persons,
nomination if any, to
shall become whom the
invalid right of the
nominees
shall pass in
the event of
his
predeceasing
the
subscriber
(1) (2) (3) (4) (5) (6)
* Note. - This column should be filled in so as to cover the whole amount that may stand
to the credit of the subscriber in the fund at any time.

† Note. - When a subscriber who has no family makes a nomination, he shall specify in
this column that the nomination shall become invalid in the event of his subsequently
acquiring family.

Dated this .............. day of .............. 19 .............. at ...........

Two witnesses to signature

1. ....................

2. ....................

Signature of subscriber.

Second Schedule

(See Rule 23)

Forms of Assignment

(1)

I, A. B. of ........................ hereby assign unto the Governor of Maharashtra the within

policy of assurance as security for payment of all sums which under sub-rule (2) of rule
27 of the Maharashtra Housing and Area Development Authority Contributory Provident
Fund Rules, I may hereafter become liable to pay to the Maharashtra Housing and Area
Development Authority Contributory Provident Fund.
I hereby certify that no prior assignment of the within policy exists.
Dated this ................ day of ......... 19
Station

Signature of subscriber.

One witness to signature.

(2)

We, A. B. (the subscriber) of ........................ and C. D. (the joint assured) of

......................... in consideration of the Governor of Maharashtra agreeing at our
request to accept payments towards the within policy of assurance in substitution for the
subscription, payable by the said A. B. to the Maharashtra Housing and Area
Development Authority Contributory Provident Fund (or as the case may be, to accept
the withdrawal of the sum of Rs............................from the sum to the credit of the said
A.B. in the Maharashtra Housing and Area Development Authority Contributory
Provident Fund of payment of the premium of the within policy of assurance) hereby
jointly and severally assign unto the said Governor of Maharashtra the within policy of
assurance as security for payment of all sums which sub-rule (2) of Rule 27 of the rules
of the said fund, the said A. B. may hereafter before become liable to pay to that fund.
We hereby certify that no prior assignment of the within policy exists.
Dated this .................. day of............... 19................

Signature of subscriber
and the Joint Assured.

Station
One witness to signature

Note. - The assignment may be executed on the policy itself either in the subscriber's
handwriting or in type, or alternatively a typed or printed slip containing the assignment
may be pasted on the blank space provided for the purpose on the policy. A typed or
printed endorsement must be duly signed and if pasted on the policy it must be initialled
across all four margins.

(3)

I, C. D., wife of A. B., and assignee of the within policy, having at the request of A. B.
the assured, agreed to release my interest in the policy in favour of A. B. in order that A.
B. may assign the policy to the Governor of Maharashtra who has agreed to accept
payments towards the within policy of Assurance in substitution for the subscriptions
payable by A. B. to the Maharashtra Housing and Area Development Authority
Contributory Provident Fund, hereby at the request and by the direction of A. B. assign,
and I, the said A. B. assign and confirm unto the Governor of Maharashtra the within
policy of Assurance as security for payment of all sums which under sub-rule (2) of rule
27 of the rules of the said fund the said A. B., may hereafter become liable to pay the
fund.
We hereby certify that no prior assignment of the within policy exists.
Dated this ................... day of ....................... 19 .

Signature of the assignee

and the subscriber.

Station

One witness to signature.

Third Schedule

[See rule 25]

Forms for Re-assessment by the Governor of Maharashtra

 (1)

All sums which have become payable by the above-named.

A. B. ...........................
A. B. and C. D. .................
Under sub-rule (2) of rule 27 of the Maharashtra Housing and Area Development
Authority Contributory Provident Fund Rules, having been paid and/or all liability for
payment by him of any such sum in the future having ceased the Governor of
Maharashtra both hereby reassign the within policy of assurance to the said.
A. B. ...........
A. B. and C. D. ...........
Dated this ............... day of...................... 19 .
Executed by

X. Y.

Accounts Officer of the Fund for and

on behalf of the Governor of
Maharashtra in presence of -

YZ

Signature of Accounts Officer.

(One witness who should add his designation and address)

(2)

The above-named A B. having died on the ......................... day of ............. 19, the
Governor of Maharashtra doth hereby reassign the within policy of Assurance to C.D. *

* Fill in particulars of person legally entitled to receive the policy.

Dated this ..............day of................. 19 .

Executed by Accounts Officer for and on behalf of Governor of Maharashtra in the
presence of -
Y. Z.

Signature of Accounts Officer.

(One witness who should add his designation and address).

Fourth Schedule

(See rule 26)

 Form of reassignment by the Governor of Maharashtra

The Governor of Maharashtra doth hereby reassign the within policy of the said A. B.
..........................................................
A. B. and C. D.
Dated this ............. day of.................. 19 ...............
Executed by Accounts Officer for and on behalf of the Governor of Maharashtra in the
presence of -
Y. Z.

Signature of Accounts Officer.

(One witness who should add
his designation and address).

Fifth Schedule

(See rules 15 and 17)

Authority Competent to Grant Advances/Withdrawals

The advances/withdrawals under rule 15 and rule 17 may be sanctioned in the case of
subscribers mentioned in column 1 of the table hereto by the Authority mentioned
against them in columns II and III thereof:-
Subscriber Authority Authority
Competent to grant Competent to grant
advance under rule (i) advance for
15 special reasons
under rule 15 and
(ii) withdrawals
under rule 17
1 2 3
(i) Chief Executive Secretary/Housing Secretary/Housing
Officer/M. H. & A. D. and Special and Special
Authority. Assistance Assistance
Department, Department,
Government of Government of
Maharashtra. Maharashtra.
(ii) Financial Controller, Chief Executive Secretary/Housing
Chief Engineer, Deputy Officer/ Authority. and Special
Chief Ex. Officer, Assistance
Secretary, Legal Department,
Adviser, Competent Government of
Authority of Authority. Maharashtra.
Chief Officer-Regional
 Boards Chief Engineer
Secretary, Bombay
Board.
(iii) Deputy Chief Officer/B. Chief Officer of Chief Executive
B. Deputy Chief the respective Officer/ Authority.
Engineer/ B. B. Chief Board.
Accounts Officer/ B. B.
Jt. Chief Accounts
Officer/ Bombay Board.
The Chief Accounts
Officer of the Regional
Boards other than
Bombay Board.
(iv) All employees working Deputy Chief Ex. Chief Executive
in the office of the Officer/ Authority. Officer/ MHADA.
authority other than
mentioned in (i) and (ii)
above.
(v) All employees other Secretary/B B Chief Officer,
than those mentioned in Deputy Chief Bombay Housing
(ii) and (iii) above Officers/B B, and Area
working in the B. H. & Deputy C. E./B B Development
A. D. Board. Chief Accounts Board.
Officer/ B B Jt.
Chief Accounts
Officer/ B B in
respect of the staff
working under
their administrative
charge.
(vi) All employees other Chief Accounts Chief Officer of
than those mentioned in Officer the respective
(iii) above working in Regional Board.
the Regional Boards
other than the Bombay
Board.

Sixth Schedule

(See rule 17)

Form of Annual Declaration

I, hereby declare that the house/flat constructed/purchased: or the house site purchased
by me, with the amount withdrawn by me, from the amount standing to my credit in the
Maharashtra Housing and Area Development Authority Contributory Provident Fund has
not been transferred by me by way of sale, mortgage, exchange or gift or on lease for a
term exceeding three years or otherwise howsoever, without previous permission of the
sanctioning authority in writing and that if called upon to do so, I undertake to produce
before the sanctioning authority tax-receipts, title-deeds and such other documents as
may be specified by the said authority showing that the house/flat/house site remains in
my sole and absolute ownership.
Dated this ................day of...........19............
Witnesses (with address)

(1) .....................

(2) .....................

Signature ..........................
Designation.......................
Bare Acts Live

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The Maharashtra Housing and Area Development Authority Employees (Determination
of Seniority) Regulations, 1987

Published vide Notification No. SEN. 1186/50072/ADM. (M.G.G., Part 4C, p. 436)

mh348

In exercise of the powers conferred by sub-section (4) of section 19 and sub-section (1)
of section 185 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977), and of all other powers enabling, it in that behalf, the
Maharashtra Housing and Area Development Authority, with the previous sanction of
the Government of Maharashtra, hereby makes the following Regulations namely :-
1. Short title and commencement. - (1) These Regulations may be called the
Maharashtra Housing and Area Development Authority Employees (Determination of
Seniority) Regulations, 1987.
(2) They shall come into force on such date as the Authority may by resolution
determine in that behalf.
2. Cadres. - Except in the case of cadres and posts in Class IV services, all cadres in
other services of the Authority shall be statewise cadres. The cadres and posts in Class
IV services shall be Board-wise Cadres :
Provided that, Class IV employees working in the Authority and in the Bombay Housing
and Area Development Board, shall, for the purposes of seniority, be considered as
belonging to one unit.
3. Determination of seniority of employees in different Cadres. - (1) The seniority of
persons in different cadres shall be determined on the basis of their date of appointment
by nomination or promotion in the cadre, as the case may be.
(2) If the date of appointment by nomination or promotion of persons in the same, then -

(a) in the case of direct recruits, the seniority shall be determined in the order of their
ranks given by the Selecting Authority;

(b) in the case of promotees, the seniority shall be determined in the order of their
seniority in the cadres from which they are promoted, and

(c) in the case of direct recruits vis-a-vis promotees, promotees shall be considered a
senior to direct recruits.

(3) (a) If a direct recruit, who has been given a higher rank by the selecting authority,
joins the authority service after the direct recruit who has been given a lower rank by the
selecting authority but within a period of one month from the date of receipt of the
appointment order by him or within such further period as may be permitted in writing by
authority competent in this behalf he shall not lose his seniority in spite of the fact that
the date of his joining the service is subsequent to the date of joining of a person who is
junior in rank to him. Such a person shall be allotted a deemed date of joining which
would be one day earlier than the date of joining of person who is junior in rank to him in
the selection list.

(b) If for any administrative reasons or for any other reason approved, in writing by the
authority competent in this behalf, a promotee senior to a person junior to him in the
cadre from which they are promoted is required to join the promotion post after the
promotee junior to him has joined, he shall not lose seniority over the junior joining
earlier and shall be allotted a deemed date of joining which would be one day earlier
than the date of joining of a promotee junior to him.

(4) Any leave shall not constitute a break in continuity of service if the person concerned
would have continued in the post but for his proceeding on leave.
(5) When a person who has been superseded for promotion on the ground of unfitness
or who has foregone promotion on his own accord has been subsequently promoted, he
shall rank below all persons who have been promoted earlier.
(6) The continuous service rendered by person in any vacancy as a stopgap
arrangement or by way of a fortuitous appointment shall not be counted for seniority
even if he has subsequently continued in a clear vacancy without any break.
No. SEN. 1186/50072, dated the 15th January, 1988 (M.G.G., Part IV-C, p. 91). - The
following Resolution No. 1504, dated the 14th January, 1988 passed by the
Administrator, Maharashtra Housing and Area Development Authority, who is deemed
to constitute the said Authority for the time being, in exercise of the powers of the
Authority conferred on him under sub-section (2) of section 168 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) is hereby
published for general information.

Resolution

"In pursuance of clause (2) of Regulation I of the Maharashtra Housing and Area
Development Authority Employees (Determination of Seniority) Regulations, 1987, the
Maharashtra Housing and Area Development Authority hereby determines the 15th
January, 1988 as the date on and from which the said Regulations shall come into
force."
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The Maharashtra Housing and Area Development Authority Employees (House Building
Loans) Regulations, 1984

Published vide Notification No. MH/HUD/GEN-2/1580/FC-19, dated the 11th April, 1984
(M.G.G., Part 4C, p. 314)

mh346

No. MH/HUD/GEN-2/1580/FC-19, dated the 11th April, 1984 (M.G.G., Part IV-C, p.
314). - In exercise of the powers conferred by subsection (1) of section 185 read with
sub-section (1) of section 22, sub-clause (d) of clause (iv) of sub-section (3), and clause
(h) of sub-section (1) of section 28 of the Maharashtra Housing and Area Development
Act, 1976 (Maharashtra XXVIII of 1977), and of all other powers enabling it in that
behalf the Maharashtra Housing and Area Development Authority with the previous
sanction of the Government of Maharashtra makes the following regulations, namely:-
1. Short title. - These regulations may be called the Maharashtra Housing and Area
Development Authority Employees (House Building Loans) Regulations, 1984.
2. Definitions. - In these regulations, unless the context requires otherwise,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

(b) "Authorised Officer" means an officer duly authorised by the Authority for the
purpose of these regulations;

(c) "Authority" means the Maharashtra Housing and Area Development Authority
established under section 7;

(d) "Authority employee" means a person appointed by the Authority under Section 19
of the Act and an employee of any existing Board who has become and is absorbed, as
employee of the Authority under section 22 of the Act (such person being either
permanent or temporary) but does not include an employee whose income exceeds one
thousand five hundred rupees per month or who or whose spouse before the
commencement of these regulations owns a house constructed or purchased with his or
her own resources including a house allotted to him or her on the basis of sale by
deferred payments under any housing scheme;

(e) "house" includes flat or apartment in a building and a tenement;

(f) "Housing society" or "society" means a society registered or deemed to be registered

as a housing society under the Maharashtra Co-operative Societies Act, 1960
(Maharashtra XXIV of 1961), consisting of Authority employees irrespective of whether
or not their monthly income exceeds one thousand five hundred rupees per month after
becoming a member of the society;
(g) "members" means a member of a housing society;

(h) "temporary employee" means an Authority employee employed on any

establishment of the Authority or any Board other than work charged establishment but
does not include an employee on deputation in the service of the Authority including any
Board;

(i) Words and expressions used in these regulations but not defined herein shall have
the meanings respectively assigned to them in the Act.

3. Grant of loan to Authority employees. - Subject to the provisions of these

regulations, a loan may be granted to an Authority employee who is a member of a
society for purchasing land developed by the Authority or for purchasing a ready built
house constructed by the Authority at a place where he is posted or he is permitted to
reside although performing the duties of his office at any other place or at any place
within the jurisdiction of the Authority where after retirement the Authority employee
proposes to settle down.
4. Eligibility for loan. - No loan shall be granted to an Authority employee unless he is
a member of a society and has completed five years continuous service in the Authority,
including service in any existing Board. No such loan shall be granted for purchasing
more than one house including land therefor.
5. Application for loan. - (1) An Authority employee desiring to obtain a loan under
these regulations shall make an application in the form appended hereto to the
Authorised Officer through the society of which he is a member :
Provided that, if an Authority employee whose spouse is also an Authority employee,
the loan shall be granted only to one of them.
(2) The managing committee of the society shall collect all such applications for loan,
and forward them collectively or individually to the Authorised Officer along with a list of
members of the Society specifying therein; the office or department in which each
applicant is working, the post held by the applicant therein, the pay drawn by him per
month, the amount of advance applied for, the nature of accommodation held by the on
the date of the application, a statement whether or not he or his spouse or she or her
spouse owns any house, the names of persons residing with the applicant and their
relation with the applicant, their income and the other information as the Authorised
Officer may require for the purpose of sanctioning the loan to the applicant.
6. Authority to sanction loans. - (1) On receipt of any application or applications from
a society, the Authorised Officer shall examine each application, verily that the society
has furnished the required information and that such information is correct and shall
submit all such applications together with all relevant documents to the Authority
together with such remarks as he may deem fit.
(2) The Authority, on being satisfied that the member is able to repay the loan in
accordance with the provisions of these regulations and after making such inquiries as
the Authority deems fit, may, subject to the provisions of these regulations sanction the
loan applied for, so however, that the amount of the loan does not exceed a sum
equivalent to 60 months pay of the applicant as on the date of the application, or 90 per
cent, of the capital cost of the house (including apportioned cost of land and its
development) or an amount of Rs. 45,000 in each individual case, whichever is the less.
Explanation. - For the purpose of this regulation, "pay" includes the officiating pay
(except officiating pay drawn in leave vacancy) and personal pay if admission but not
special pay and allowances, such as, dearness allowances, house rent allowances,
compensatory local allowances, conveyance allowance, deputation allowance and such
other allowances.
7. Mode of payment of loan. - (1) Where a loan is sanctioned for purchasing land and
house standing thereon, the loan shall be paid to the society in one lump sum, and
where the loan is sanctioned for constructing a house, the advance shall be paid to the
society on account to the member in three instalments as follows

(a) a sum equal to 30 per cent of the sanctioned loan, that is to say, aggregate of
individual loans will be payable on the strength of valuation of land and the mortgage
thereof of the Authority;

(b) a further sum equal to 40 per cent of the sanctioned loan, that is to say, aggregate of
individual loans or 40 per cent of the loans sanctioned to individual Authority employees
who would occupy the houses actually under construction, whichever is lower, will be
payable when the houses have reached the plinth level;

(c) the remaining 30 per cent of the sanctioned loan, that is to say, aggregate of
individual loans or 30 per cent of the loans sanctioned to individual Authority employees
who would occupy the houses under construction, whichever is lower, will be paid when
the construction has reached roof level, if the Authorised officer is satisfied that on its
completion, the house will be habitable and fit for occupation in all respects.

(2) The society shall produce a certificate from the Executive Engineer of the Board
within whose jurisdiction the house is constructed that the required formalities in
pursuance of which the instalment has become due have been complied with.
8. Society required to mortgage property to Authority. - (1) On release of the first
and subsequent instalments for the purpose of constructing a house or on payment of
the sum for purchasing the land together with the house standing thereon, the society
shall mortgage to the Authority the entire land and the house and other structures
thereon, if any, as security for the repayment of the loan, and execute a mortgage to be
finalised by the Authorised Officer.
(2) The Authority shall bear the registration charges in respect of the mortgage deed
executed under sub-rule (1).
9. Society to insure its buildings. - The society shall insure the buildings/houses
purchased or constructed by it under this scheme, against the risks of hire, flood and
such other events. The insurance premium shall be borne by the society.
10. Society to furnish certificates regarding utilisation of advance etc. - Within one
hundred and eighty days from the date on which any payment is made to the society,
the society shall submit to the Authorised Officer a certificate countersigned by an
auditor as respects the manner in which the loan made to it has been utilised.
11. Interest. - The loan given under these regulations shall bear interest at the same
rate at which the Government advances loans to cooperative housing societies of State
Government and Zilla Parishad employees, from time to time, under similar schemes.
12. Repayment of principal and interest. - (1) Every member shall, at the close of
each month, pay the amount of the equated instalment of principal and interest as
provided in clause (2) to the society, and thereupon, the society shall pay to the Chief
Accounts Officer of the Board the amounts paid to it. While making payment, a
statement indicating the names of members and the amounts paid by each of them so
far, the number of instalments paid, amount paid now, instalment number and balance
payable should be furnished duly signed by the secretary of the managing committee of
the society.
(2) The principal of the loan and interest thereon shall be recovered in the following
manner, namely

(a) The monthly instalment for repayment of the principal and interest thereon shall be
fixed on the basis of the period between the year of drawal of loan and the year of
superannuation of the Authority employee and on the basis of annual equated
instalment, comprising of principal and interest or 20 per cent of his pay, whichever is
more;

(b) The instalment collected from the member shall be adjusted against the principal,
and the interest shall be worked out on a monthly basis on the balance of principal at
the end of each month;

(c) The member, who is granted the House Building Advance before he becomes
eligible for the final withdrawal from his Contributory Provident Fund, shall, on becoming
eligible for such final withdrawal, apply for non-refundable advance from his
Contributory Provident Fund and reduce his loan liability by making a lump sum
payment equivalent to the maximum non-refundable advance admissible to him from his
provident fund account. For this purpose, the member shall be required to give an
undertaking, through the society to the effect that he shall apply for the withdrawal
admissible to him under the Provident Fund rules applicable to him as soon as he
completes 20 years of service or has less than 10 years to retire and shall pay. the
amount towards repayment of principal and interest thereon. Where the Authority
employee is eligible to such non-refundable withdrawal at the time of applying for the
loan, the amount of loan payable to him shall be determined after deducting the amount
which he is entitled to withdraw from his provident fund account;

(d) Balance of loan or interest, if any at the time of retirement of the member, shall be
adjusted in full against the amount of gratuity due to him. If the amount of gratuity falls
short of the balance or interest due the balance shall be paid by the member in one
instalment from his own resources;

(e) If any members fails to make prompt payments, the society shall on his behalf, make
the payment and recover the arrears from the member with penal interest, as the
society may deem fit so to do.
(f) If any member intends to resign from the service of the Authority he shall surrender
his house to the society on his receiving the amount of contribution which has been
recovered from his pay or otherwise, unless he wants to retain it by making full payment
of all the dues in respect of the loan and interest thereon in one instalment before his
resignation becomes effective;

(g) If the house is surrendered to the society, a report shall be submitted to the
Authorised officer giving full particulars of the house who shall arrange to re-allot it to
the next person on the waiting list maintained by him for the purpose. In case of re-
allotment, the person to whom the house is re-allotted shall pay initially an amount
equivalent to principal portion in the equated instalments paid by the outgoing member
till the date of re-allotment in order to be co-terminus with other;

(h) On surrender the member is entitled to reimbursement of an amount equivalent to

the principal portion at his credit in the account of the society. No amount recovered
towards interest will be refunded;

(i) The recovery of the loan for constructing a new house or group of houses shall
commence from the month following the completion of the house or houses or after a
period of 24 months from the date on which the first instalment of the loan is drawn,
whichever is earlier. In case of the loan taken for purchasing a ready-built house,
recovery shall commence from the pay of the month following the month in which the
loan is drawn.

13. Release of mortgaged property. - On repayment of the entire loan with interest
and all dues, if any, the Authority shall release the mortgaged house(s) to the society.

Note. - Ordinarily it shall suffice if the mortgagee died is returned with an endorsement
that the mortgaged debt has been fully satisfied or paid off. The applicant society
(mortgager), if it chooses, can get such endorsement or acknowledgement registered at
its own cost. No particular form of endorsement is necessary. Where the mortgager
insists on a formal deed of re-conveyance, it shall be executed at his cost in the form to
be decided by the Authorised Officer in due course.

Application Form

(For Employees of the M. H. & A. D. Authority only)

I the undersigned, Shri/Smt./Kumari..................hereby apply for the membership of Co-

operative Housing Society Ltd. and I wish to take one type Block in the purposed
construction of your society.
2. I give below my particulars as required.

(1) Name in full (in block letters) ......................................................................

(2) Date of Birth-Age, as on last birthday.................................................

(3) Present Address....................................................

(4) Name of Department/Office in which working.........................

(5) (a) Post held at present scale of pay :.............................

(b) Post held substantively scale of pay:..........................

(6) (a) Present pay (Including .........................................

Special/Additional/Personal........................................................

Pay attached to the post) ...............................................................

(b) Substantive pay (-do-):........................................

(7) (a) Whether contributing to C.P.F..................................

(b) If yes, Present monthly contribution and A/c. No

(c) Balance in C.P.F. at the end of last March ....................

(d) Whether any withdrawals .................

from C.P.F. are outstanding......................

(e) If yes, (i) amount withdrawn, .................................................

(ii) nature of withdrawal ................................. i.e. final or returnable,

(iii) amount outstanding. .................................

(8) (a) Date of joining service in the Authority;..........................

(b) date of superannuation (at age of 55):............................

(9) (a) Number of members in the family.................................

Adults Children (below 10 years)

(b) Number of other dependants and relationship .....................

(10) Present accommodation.

(a) Area (in sq. ft.) .......................................................................................

(b) Whether owned......................................................................

(c) If not, whether tenant or joint family or leave and

licence.......................................................

(11) (a) Type of accommodation applied for ............................. (with estimated cost)

(b) Government loan applied for...................................

(c) Whether contributing directly for the Block? If so, amount of direct investment..

3. I hereby declare that the particulars given above are true to the best of my
knowledge.
4. I have read the Bye-laws, Rules and Regulations of the society and I hereby
undertake to abide by them, with any amendments from time to time.
5.1 hereby authorise the society to receive on my behalf the loan applied for from the
Authority and to mortgage on my behalf, the land, house and/ or any other construction
on the land, to Authority until the loan is paid by me through the society.
6. I hereby authorise the society to recover from me 20 per cent of my pay or an amount
of equated instalment fixed on the basis of the period between the year of drawal and
the year of superannuation, whichever is more from time to time towards repayment of
the principal and interest in respect of the loan and hereby undertake to make prompt
payment thereof in the society on or before fifth day of each month.
7. I undertake that I shall apply for final withdrawal from the Provident Fund to the extent
of maximum admissible limit, or the balance of the loan/ interest whichever is less, as
soon as I complete 20 years of service or have 10 years to retire, whichever is earlier,
and credit the amount of such fix withdrawal to Authority through the society towards
repayment of principal and interest in respect of the loan applied for. I also agree that
the entire balance of loan/interest, if any, on the date of my retirement shall be adjusted
against the Death-cum-retirement gratuity payable to me. The balance, if any, shall be
paid by me in one instalment on the date of my retirement. I also undertake that in the
event of my resigning from service under the Authority, I shall surrender my house to
the Society or make payment of the dues in full in one instalment.

Certificate of Head of Department/Office

1. Certified that the information furnished by the applicant, Shri/Smt./Kumari .........

against items (2), (4), (5), (6), (7) and (8) in para. 2 of the application, is verified and
found correct as per the records in this Department / Office.
2. I have satisfied myself, on the basis of monthly deductions, etc. made from the
applicant's salary that the loan applied for is within his repaying capacity.
Date

Signature

Designation
Place

Name of Office : ..........................

(Note : Name of the signing officer should also be indicated in block letters below his
signature)
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The Maharashtra Housing and Area Development Authority Employees Gratuity
Regulations, 1985

Published vide Notification No. MH/RFG. 1285/22125/ADM-1, dated the 14th October,
1985 (M.G.G., Part 4C, p. 96)

mh347

LEGISLATIVE HISTORY 
In exercise of the powers conferred by sub-section (1) of section 185 read with sub-
section (4) of section 19 and sub-section (1) of section 22 of the Maharashtra Housing
and Area Development Act, 1976 (Maharashtra XXVIII of 1977) and of all other powers
enabling it in that behalf, and with the previous sanction of the Government of
Maharashtra, the Maharashtra Housing and Area Development Authority hereby makes
the following regulations, namely
1. Short title, application and commencement. - (1) These Regulations may be
called the Maharashtra Housing and Area Development Authority Employees Gratuity
Regulations, 1985.
(2) They apply to all employees of the Authority other than employees employed on
contract for a specified period on wages exceeding one thousand and six hundred
rupees per mensem.
(3) They shall be deemed to have come into force with effect from the 5th December,
1977.
2. Definitions. - (1) In these regulations, unless the context otherwise requires,-

(a) "Act" means the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977);

(b) "Appellate Authority" means the Chief Executive Officer of the Authority;

(c) "appointing authority" in relation to an employee means the Authority which is

competent to appoint the employee under the Act;

(d) "completed year of service" means continuous service for a year, and includes
fraction of year if the period of such continuous service exceeds one hundred eighty
days;

(e) "continuous service" means -

(i) in relation to an employee appointed in the Authority service on or after the 5th
December, 1977, uninterrupted service in the Authority rendered by an employee, and

(ii) in relation to an employee of an existing Board absorbed under section 22 of the

Maharashtra Housing and Area Development Act, 1976 (Maharashtra XVIII of 1977), as
an employee of the Authority, the uninterrupted, service rendered by such an employee
in the existing Board as well as in the Authority, on regular, temporary, work charged or
daily rated establishment, and includes service which may be interrupted on account of
sickness, accident, leave, absence from duty without leave (not being absence in
respect of which an order imposing a punishment or penalty or treating the absence as
break in service has been passed in accordance with the rules or regulations governing
the employees of the Authority), lay off, strike, a lock out, or cessation of work not due
to any fault of the employee, whether such uninterrupted or interrupted service was
rendered before or after the commencement of these Regulations.

Explanation. - In the case of an employee who is not in uninterrupted service for one
year, he shall be deemed to be in continuous service if he has been actually employed
in the existing Board or in the Authority during the twelve months immediately preceding
the year for not less than 240 days which included service which may be interrupted on
account of sickness, accident, leave, absence from duty without leave (not being
absence in respect of which an order imposing a punishment or penalty or treating the
absence as break in service, has been passed in accordance with the Rules or
Regulations governing the employees of the Authority) layoff strike, or a lock out or
cessation of work not due to any fault to the employees whether such uninterrupted or
interrupted service was rendered before or after the commencement of these
regulations.

(f) "Competent Authority" in relation to an employee falling within the categories

specified in column 2 of the Schedule hereto means the Officers specified opposite to it
in column 1 thereof who is competent to sanction gratuity;

(g) "disablement" in relation to an employee means such total disablement due to any
disease or accident whether of a temporary or permanent nature as in the opinion of the
Medical Authority duly certified in that behalf incapacitates the employee for further work
which he was capable of performing immediately before such disablement;

Explanation. - For the purposes of this clause, the certificate of the Medical Authority
shall specify the date of total disablement.

(h) "employee" means an employee of the Authority within the meaning of sections 19
and 22 of the Act but does not include an employee who is employed on contract for a
specified period on wages exceeding one thousand and six hundred rupees per
mensem;

(i) "family" in relation to an employee means his or her spouse, their children whether
married or unmarried, the widow and children of their predeceased son, if any and their
dependent parents, and includes a child duly adopted according to the personal law of
the employee, but does not include,-

(a) in the case of a male employee, the dependent parents of his spouse;
(b) in the case of a female employee, her spouse if such female employee has
expressed her desire by notice in writing to the Competent Authority to exclude her
spouse for the purpose of these regulations and such notice has not been withdrawn by
her, and his dependent parents, if any;

(c) the child of the employee who has been duly adopted according to the personal law
of the person adopting him and such adoption is in operation;

(j) "Government" means the Government of Maharashtra;

(k) "Medical Authority" means the medical practitioner who is authorised to practice any
system of medicine under any law for the time being in force in the State and who has
been duly approved by the Chief Executive Officer for the purposes of these
regulations;

(l) "retirement" in relation to an employee means termination of his service otherwise

than on superannuation;

(m) "superannuation" in relation to an employee means -

(i) attainment by the employee of such age as is fixed in the contract or condition of
service as the age on the attainment of which the employee shall cease to be an
employee of the Authority;

(ii) in any other case attainment by the employee of the age of fifty-eight years of such
other age as may be prescribed by the Government as the age of superannuation for
similar or equivalent class of service, cadre or post under the Government from time to
time;

(n) "wages" means all remuneration (whether by way of salary allowances or otherwise)
expressed in terms of money which would if the terms of employment, expressed or
implied were fulfilled be payable to the employee in respect of his employment and
includes pay personal pay, dearness pay, dearness allowance, but does not include
bonus, commission, house rent allowance, compensatory local allowance, or overtime
allowance or such other allowances as the Authority may specify in this behalf;

(2) The words and expressions used in these regulations but not defined shall have the
meaning respectively assigned to them in the Act.
3. Payment of Gratuity. - (1) Subject to the provisions of these regulations, gratuity
shall be paid to every employee or, in case of his death, to his nominee or, in the
absence of any nomination, to his heir.
(2) Where a nominee or heir is a minor, the gratuity shall be paid to the person who is a
guardian according to law.
4. Contingencies for-payment of gratuity. - Where an employee has rendered
continuous service of not less than five years, then subject to the provisions of these
regulations, gratuity shall be paid to him on his resignation, disablement, retirement,
death or superannuation ;
Provided that, where gratuity is payable on death or disablement of an employee, then
in such cases continuous service of not less than five years shall not be necessary.
5. Amount of gratuity. - (1) Subject to the provisions of these regulations, the amount
of gratuity payable to an employee shall not exceed twenty months wages.
(2) The amount of gratuity payable to an employee for each completed year of service
or part thereof in excess of 120 days shall be equal to an amount of fifteen days wages
payable to him during the month immediately preceding the month in which gratuity
becomes payable.
(3) Where an employee is on half pay leave; or on leave without pay during the month
immediately preceding the month in which the gratuity become payable under these
regulations, then for calculating the amount of gratuity payable to such employee, the
fact that such an employee had been on half pay leave or leave without pay in such
month, as the case may be, shall be ignored and he shall be deemed to have drawn the
wages which he would have drawn had he not been on leave as aforesaid during the
said period.
(4) Subject to the limit of the amount of gratuity provided in clause (1), the amount of
gratuity payable to an employee on his disablement or to his nominee or heir on his
death; while in service, under these regulations shall be increased -

(a) by an amount equal to two months wages, if the disablement or death has occurred
after one completed year of service but before completion of two years;

(b) by an amount equal to four months wages, if the disablement or death has occurred
after two completed years of continuous sendee but before the completion of three
years;

(c) by an amount equal to six months wages if the disablement or death has occurred
after three completed years of continuous services but before the completion of four
years;

(d) by an amount equal to eight months wages if the disablement or death has occurred
after four completed years of continuous service but before the completion of five years;

(e) by an amount equal to ten months wages if the disablement or death has occurred
after five completed years of continuous services.

(5) The amount of gratuity payable under these regulations in excise of disablement or
death of an employee, during the course of his service shall be in addition to the
payment admissible to him under the Workmen's Compensation Act, 1923 (8 of 1923).
6. Manner of payment of gratuity. - (1) The amount of gratuity may be paid in cash or
if so desired by the payee, in demand draft or by cheque or by postal money order but
after deducting the amount of postal order commission from the amount payable.
(2) No amount of gratuity shall be paid unless the payee is duly identified.
7. Authorised, deductions. - (1) Notwithstanding anything contained in these
regulations, the amount of gratuity shall be paid to an employee without deduction of
any kind except in cases provided in clause (2).
(2) Deductions from the amount of gratuity payable to an employee may be of the
following kinds, namely:-

(A) deductions for recovery of losses sustained by the Authority on account of damage
to, or destruction of property of the Authority due to any act, negligence or willful
omission of the employee whose services have been duly terminated therefor, to the
extent of such loss or damage.

(B) deductions of such amount in whole or in part of the amount of the gratuity payable
to an employee as the Competent Authority may decide in the following Cases, that is to
say,-

(i) where the services of the employee have been terminated for his riotous, disorderly
conduct or any other act of violence on his part;

(ii) where the services of the employee are terminated for any act which constitutes an
offence involving moral turpitude, being an offence committed by the employee during
the course of his employment.

8. Provision for certain absorbed employees. - (1) The employees of any existing
Board, who held a civil post under Government but have been absorbed and have
become the employees of the Authority under section 22 of the Act, (hereinafter referred
to as "the absorbed employees") may opt either to be governed by these regulations or
the rules in relation to gratuity applicable to them immediately before the appointed day.
(2) Such option shall be exercised within 180 days from the date of publication of these
regulations :
Provided that, if any employee fails to exercise the option within 180 days as aforesaid,
then the Chief Executive Officer may, for reasons recorded in writing, permit him to
exercise such option within such extended or further extended period as he may specify
in writing in this behalf :
Provided further that, if an employee does not exercise his option within the period or
the extended period, if any, he shall be deemed to have opted to be governed by these
regulations.
(3) Option once exercised shall be final and an employee shall be entitled to gratuity in
accordance with these regulations, or as the case may be, the rules of gratuity
applicable to him on the appointed day, in respect of which he has exercised an option
under, or is deemed to have opted to be governed by these regulations.
9. Nomination. - (1) Every employee who is already in service of the Authority on the
date of the commencement of these regulations or who completes one year of service
after such date shall send his nomination in Form-A (in triplicate) to the Competent
Authority conferring on one or more persons the right to receive the amount of gratuity
under the regulations in the event of his death during the currency of his service or
having become payable, has not been paid.
(2) Where an employee has a family at the time of making the nomination, such
nomination shall be made only in favour of the members of his family.
(3) Where an employee, who has no family, acquires a family subsequently or where a
nominee predeceases an employee, the nomination filed by the employee under clause
(1) shall forthwith become invalid and cease to be in operation and the employee shall
thereupon send a fresh nomination in Form 'B' in triplicate.
(4) If the employee nominates more than one.person, he shall specify in the nomination
the share of each of the nominees in respect of the whole of the amount of gratuity that
may become payable to the employee under these regulations.
(5) The employee may modify or cancel a nomination by sending a notice in writing in
Form 'C' in triplicate to the Competent Authority, and along with such notice shall send a
fresh nomination in Form-A made according to the provisions of this regulation.
(6) Every nomination made under this regulation shall take effect from the date of its
receipt by the Competent Authority.
(7) Within thirty days of receipt of a nomination of Form 'B' or 'C', the Competent
Authority shall verify or cause to be verified the service particulars of the. employee as
mentioned in the form of nomination from the records of the establishment. The
Competent Authority shall, on recording his certificate of acceptance thereon, return the
duplicate copy to the employee and the third copy of the nomination to the Chief
Accounts Officer or the Accounts Officer concerned, as the case may be.
10. Application for gratuity. - (1) An employee, his nominee or legal heir (hereinafter
referred to as applicant) who is eligible for payment of gratuity under these regulations
shall ordinarily apply to the Competent Authority or to an officer specified by the Chief
Executive Officer in that behalf within ninety days from the date the gratuity becomes
payable in Form 'D', 'E' or 'F', as the case maybe. If the application is made to the officer
so specified he shall forward the same forthwith to the appropriate Competent Authority
for further necessary action :
Provided that, where the date of superannuation or retirement of an employee is known,
the employee may apply even before ninety days of the date of superannuation or
retirement :
Provided further that, in case of a nominee or legal heir, application on plain paper with
relevant particulars shall also be accepted.
(2) An application for payment of gratuity filed after the expiry of the period specified in
these regulations shall also be entertained provided the applicant adduces sufficient
cause for the delay in preferring his claim.
No claim for gratuity under these regulations shall be invalid merely because the
applicant failed to present his application within the specified period.
(3) On receipt of an application, if the claim of payment of gratuity is found admissible
on due verification as to the correctness of the amount payable, the Competent
Authority shall issue an order in Form 'G' sanctioning the gratuity (specifying the
amount) payable to the applicant.
(4) If the claim of the gratuity is not found admissible, the applicant shall be informed by
the Competent Authority with reasons therefor in Form 'I'.
(5) As soon as gratuity becomes payable the Competent Authority shall, whether an
application referred to in the foregoing provisions of these regulations has been made or
not, determine the amount of gratuity and give notice in writing to the person to whom
the gratuity is payable.
(6) The Competent Authority shall arrange to pay the amount of gratuity within 120 days
from the date, the same becomes payable to the person to whom it is payable.
(7) If there is any dispute as to the amount of gratuity payable to an employee under
these regulations or as to the admissibility of any claim of, or in relation to an employee
for payment of gratuity or as to the person entitled to receive the gratuity, the same shall
be referred to the Appellate Authority and the Appellate Authority shall after due enquiry
and after giving the parties to the dispute a reasonable opportunity of being heard,
determine, as far as possible, within a period of three months from the date of receipt of
the reference by it, the amount of gratuity payable to an employee, or to the person
entitled to receive the same and the Competent Authority shall make payment of the
amount so determined to the person so entitled accordingly within a period of one
month from the date of receipt of the Appellate Authority's order by him.
11. Option to receive payment under Gratuity Act. - An employee who but for the
application of these regulations to him, would have been eligible to receive gratuity
under the provisions of the Payment of Gratuity Act, 1972 (Act XXXIX of 1972), may opt
for receipt of gratuity under the said Act provided he communicates his option in that
behalf to the Competent Authority within a period of one year from the date of the
publication of these regulations :
Provided further that, he shall be governed by these regulations on his ceasing to be
governed by the provisions of the said Act for any reasons whatsoever.
12. Repeal. - The Gratuity Regulations in force immediately before the commencement
of these regulations and applicable to the employees of the Authority shall, on such
commencement, stand repealed except as respects things done or omitted to be done
thereunder.

Schedule

[See regulation 2(f)]

Officer competent to sanction Category of employees

gratuity
1 2
I. Deputy Chief Executive All employees in the offices
Officer of as the case may be, of the Authority whether
Secretary, Maharashtra directly subordinate to him
Housing and Area or otherwise.
Development Authority,
Bombay, who is in charge of
the personnel administration.
II. Chief Officer, Bombay All Class-I and Class-II
Housing and Area Officers in Bombay Board
Development Board, Bombay
 under his administrative
control -
III. (a) Deputy Chief Officers (a) All Class-III and Class-
[other than the Deputy IV employees in the
Chief Officer Bombay Board within
(Administration) their administrative
Bombay Board] Deputy control.
Chief Engineers/Chief
Accounts Officer,
Bombay Housing and
Area Development
Board, Bombay.
(b) Deputy Chief Officer (b) All Class-III and Class-
(Administration), IV employees in the
Bombay Housing and Bombay Board other
Area Development than those covered by
Board, Bombay. category (a) above.
[(c) Chief Accounts (c) All Classes III/IV
Officer/Mumbai employees in the
Building Repairs and Mumbai Building
Reconstruction Board. Repairs and
Reconstruction Board.]
IV. Chief Officer of a Regional All employees under his
Board (other than the administrative control.
Bombay Board).
V. Financial Controller, All employees not covered
Maharashtra Housing and by categories I to IV above.
Area Development Authority,
Bombay.

Form 'A'

[See regulation 9(1)]

Nomination

To
The...........................................................................................................(Here
give designation and address of the Competent Authority).
1. I, Shri/Smt./Kumari..................................................(Name in full) whose
particulars are given in the statement below, hereby nominate the person(s)
mentioned below, to receive the amount Of gratuity payable after my death as
also the amount of gratuity standing to my credit in the event of my death before
 that amount has become payable or having become payable has not been paid
and direct that the said amount of gratuity shall be paid in proportion indicated
against the name(s) of the nominee(s).
2. I hereby certify that the person(s) mentioned is/are member(s) of my family
within the meaning of clause (i) of regulation 2 of the Maharashtra Housing and
Area Development Authority Employees Gratuity Regulations, 1955.
3. I hereby declare that i have no family within the meaning of clause (i) of
regulation 2 of these Regulations.
4. (a) My father/mother/parents is/are not dependent on my (1) My husband's
father/mother/parents is/are not dependent on my husband.
5. I have excluded my husband from my family by notice dated ........... to the
Competent Authority.
6. Nomination made herein invalidates and supersedes my previous nomination.

Nominee(s)

Name in Full Relationship Age of Proportion by

full of address with the nominee which the gratuity
Nominee employee will be, shared
1.
2.
3.
4.

Statement

1. Name of Employee (in .......... ..........

full)
2. Sex .......... ..........
3. Religion .......... ..........
4. Whether .......... ..........
Unmarried/Married
Widow/Widower
5. Office, where employed .......... ..........
6. Post held at present .......... ..........
7. Date of initial .......... ..........
appointment
8. Permanent Address .......... ..........
(Village) (Post)
(Taluka) (District)
 (State)

Declaration by Witness

Nomination signed/thumb impressed before me.

Name and address of
witness.
(1).............................
(2).............................
Place : .............
Signature of Witness
(1)..................................
(2)..................................

Date : .............

Certificate of the Competent Authority

Certified that the particulars of the above nomination have been verified and recorded in
this office and nomination has been accepted.

Acknowledgement by the Employee

Received the duplicate copy of nomination in Form 'A' filed by me and duly certified by
the Competent Authority.

Note. - Strike out the words/paragraphs not application.

Form 'B'

[See regulation 9(3)]

Fresh Nomination

The..........................................................................................................(Here give
designation and address of the Competent Authority).
1. I, Shri/Smt./Kumari................................................. whose particulars are given in the
statement below, have acquired a family within the meaning of clause (i) of Regulation
2, of the Maharashtra Housing and Area Development Authority Employees Gratuity
Regulations, 1985 with effect from.............in the manner indicated below and, therefore,
nominate afresh the person(s) mentioned below to receive the amount of gratuity
payable after my death as also the amount of gratuity standing to my credit in the event
of my death before that amount has become payable or having become payable has not
been paid, direct that the said amount of gratuity shall be paid in proportion indicated
against the name of the nominee(s).
2. I hereby certify that the person(s) nominated is/are member(s) of my family within the
meaning of clause (i) of regulation 2 of the said Regulations.
3. (a) My father/mother/parents is/are not dependent on me

(b) My husband's father/mother/parents is/are not dependent on my husband.

4. I have excluded my husband from my family by notice dated ......... to the Competent
Authority.

Nominee(s)

Name in Full Relationship Age of Proportion by

full of address with the nominee which the gratuity
Nominee employee
1.
2.
3.
4.
5.
Manner of acquiring a "family"
(Here give details as to how a family was acquired Le. whether by marriage of parents
being rendered dependent or through other process like adoption).

Statement

1. Name of Employee (in .......... ..........

full)
2. Sex .......... ..........
3. Religion .......... ..........
4. Whether .......... ..........
Unmarried/Married
Widow/Widower
5. Office, where employed .......... ..........
6. Post held at present .......... ..........
7. Date of initial .......... ..........
appointment
8. Permanent Address .......... ..........
(Village) (Post)
(Taluka) (District)
(State)
Place:
Date :
 Signature/Thumb Impression of the employee

Declaration by Witness

Fresh Nomination signed/thumb impressed before me.

Name and address of Signature of Witness
witness.
(1)............................. (1)..................................
(2)............................. (2)..................................

Date : ..............
Place : .............

Certificate by the Competent Authority

Certified that the particulars of the above nomination have been verified and recorded in
this office and nomination has been accepted.
Date : .......

Signature of the Competent Authority

Acknowledgement by the Employee

Received the duplicate copy of nomination in Form 'B' filed by me and duly certified by
the Competent Authority.
Place :
Date :

Signature of the Employee.

Note. - Strike out the words/paragraphs not applicable.

Form 'C'

[See regulation 9(5)]

The.................................................................................................................(Here give
designation and address of the Competent Authority)
I, Shri/Smt. Kumari .....................................................(Name in full) Whose particulars
are given in the statement below, hereby give notice that the nomination filed by me on
.................. (Date) and recorded under reference
No................dated...................................(Here give details of the modifications
intended), shall stand cancelled or modified in the following manner

Statement
1. Name of Employee (in .......... ..........
full)
2. Sex .......... ..........
3. Religion .......... ..........
4. Whether .......... ..........
Unmarried/Married
Widow/Widower
5. Office, where employed .......... ..........
6. Post held at present .......... ..........
7. Date of initial .......... ..........
appointment
8. Permanent Address .......... ..........
(Village) (Post)
(Taluka) (District)
(State)
Place : .......
Date : ........

Signature/Thumb Impression of the employee

Declaration by Witnesses

Modification of nomination signed/thumb impressed

before me.
Name and address of Signature of Witness
witness.
(1)............................. (1)..................................
(2)............................. (2)..................................
Place : ...........
Date : ............

Certificate by the Competent Authority

Certified that the particulars have been recorded and modification of nomination has
been accepted.

Signature of the Competent Authority.

Date : ............
 Acknowledgement by the employee

Received the duplicate copy of the notice for modification in Form 'C' filed by me on
.................... duly certified by the Competent Authority.
Place : .......................
Date : ........................

Signature of Employee.

Note. - Strike out the words not applicable.

Form 'D'

[See regulation 10(1)]

Application for Gratuity by an Employee

To,
The......................................................................................................................................
.................(here give designation and address of the Competent Authority or the
Specified Officer).
I beg to apply for payment of gratuity to which I am entitled under regulations 3 and 4 of
the Maharashtra Housing and Area Development Authority Employees Gratuity
Regulations, 1985 on account of my superannuation/retirement/resignation, after
completion of not less than five years of continuous service/total disablement due to
accident or disease with effect from the .............. Necessary particulars relating to my
appointment in the Authority are given in the statement below:-

Statement

1. Name in full .......... ..........................

2. Address in full .......... ..........................
3. Office where last .......... ..........................
employed
4. Post last held .......... ..........................
5. Date of initial .......... ..........................
appointment
6. Date and cause of .......... ..........................
termination of
employment
7. Total period of .......... ..........................
employment
(years) (Months) (Days)
 8. Amount of wages last .......... ..........................
drawn
9. Amount of gratuity .......... ..........................
claimed
2. I was rendered totality disabled as a result of
...................................................................................(Here give the details of the
disease or accident),
3. The evidence/witnesses in support of my total disablement is/are as follows
:...................................................................(Here give details)
4. Payment may please be made in cash/demand draft/crossed bank cheque.
5. If the amount of gratuity payable is less than rupees one thousand, the amount may
be sent by postal money order at address mentioned above after deducting postal
money order commission therefrom.

Note. - Strike out words/paragraphs not applicable.

Form 'E'

[See regulation 10(1)]

Application for Gratuity by a Nominee

To,
The..................................................................... (Here give designation of the
Competent Authority or the Specified Officer).
I beg to apply for payment of gratuity to which I am entitled under regulations 3
and 4 of the Maharashtra Housing and Area Development Authority Employees
Gratuity Regulations, 1985 as a nominee of late
Shri/Smt./Kum........................................... (Name of employee)
Who was an employee of the Authority and who died on the...............................
(Date)
The gratuity is payable on account of the death of the aforesaid employee while
in service/superannuation of the aforesaid employee on ......... retirement or
resignation of the aforesaid employee on ........................ after completion of
........... years of service/total disablement of the aforesaid employee due to
accident or disease while in service with effect from the..........Necessary
particulars relating to my claim are given in the Statement below:-

Statement

1. Name of applicant nominee .........................................

2. Address of full of the applicant .........................................
nominee
 3. Marital status of the applicant .........................................
nominee
Unmarried/Married/Widow/Widower
4. Name of the employee in full .........................................
5. Marital status of the employee .........................................
6. Relationship of the nominee with the .........................................
employee
7. Date of initial appointment of the .........................................
employee
8. Date of termination of service of the .........................................
employee
9. Cause of termination of service of .........................................
the employee
10. Office, where last employed .........................................
11. Pest last held .........................................
12. Total period of service of the .........................................
employee (Years) (Months) (Days)
13. Date of death and evidence/witness .........................................
as proof of death of the employee
14. Total wages last drawn by the .........................................
employee
15. Reference No of recorded .........................................
nomination, if available
16. Total gratuity payable to the .........................................
employee
17. Share of gratuity claimed .........................................
2. I declare that particulars in the above statement are true and correct to the
best of my knowledge and belief.
3. Payment may please be made in cash/demand draft/crossed bank cheque.
4. If my share of the amount of gratuity is less than one thousand rupees, I
request that payment of such amount may be made by postal order at the
address given above after deducting postal money order commission therefrom.

Yours faithfully.

Signature/Thumb Impression
of applicant nominee.

Form 'F'
 [See regulation 10(1)]

Application for Gratuity by a Legal Heir

To,
The..................................................................... (Designation and address of the
Competent Authority or the Specified Officer).
Sir,
I beg to apply for payment of gratuity to which I am entitled under regulations 3
and 4 of the Maharashtra Housing and Area Development Authority Employees
Gratuity Regulations, 1985 as the legal heir of late Shri / Smt.
/Kum.................................................. (Name of the employee) who was
employed in the Authority and who died on the ................... (Date) without
making any nomination.
The gratuity is payable on account of the death of the aforesaid employee while
in service/superannuation of the aforesaid employee on the ............../retirement
of resignation of the aforesaid employee on the .............. after completion of
.................. years of service/total disablement of the aforesaid employee due to
accident or disease while in service with effect from the .............
Necessary particulars relating to may claim are given in the statement below :-

Statement

1. Name of applicant ..............................................

legal heir
2. Address of applicant ..............................................
legal heir .
3. Marital status of Unmarried/Married/Widow/Widower.
applicant legal heir
4. Name of the employee ..............................................
in full
5. Relationship of the ..............................................
applicant legal heir
with the employee.
6. Date of appointment ..............................................
of the employee
7. Religion of both the ..............................................
application legal heir
and the employee.
8. Post last held by the ..............................................
employer
 9. Office where last ..............................................
employed
10. Date and cause of ..............................................
termination of service
of the employee,
(death or otherwise).
11. Date of death of the ..............................................
employee and
evidence/witnesses in
support thereof.
12. Total period of service ..............................................
of the employee. Years Months Days.
13. Basis of the claim and ..............................................
evidence/witness in
support thereof.
I declare that the particulars mentioned in the above Statement are true and
correct to the best of my knowledge and belief.
Payment may please be made by cash/demand draft/crossed bank cheque.
If the amount payable is less than rupees one thousand, I request that payment
of the sum due to me may be sent to me by postal money order at the address
mentioned above, after deducting postal money order commission therefrom.
Place : .............
Date : ..............

Signature/Thumb Impression
of applicant Legal Heir.

Note. - Strike out the words and paragraphs not applicable.

Form 'G'

[See regulation 10(3)]

Notice for payment of Gratuity

No. of 19 ......................
Office of the...................
Date ............................

To
Shri/Smt./Kumari .................................................... (Name of employee/nominee/heir).

Subject : Grant of Gratuity

Sir/Madam,
I am to convey sanction to the payment of gratuity amounting to Rs. ..............
(Rupees ................................) (in words) payable to you in lump sum, as
gratuity/as your share of gratuity in terms of nomination made on
............................. by Shri/Smt./Kum. ........................................(Name of the
employee) /as legal heir of late Shri/Smt./Kum.....................................................
(Name of the employee) an employee of the Maharashtra Housing and Area
Development Authority.
2. Please call at this office at the address given above on or after ........... on any
working day between 10-30 a. m. to 5-00 p.m. for collecting your payment in
cash/demand draft/crossed bank cheque.
3. The amount of gratuity payable is being sent to by postal money order at the
address given in your application, after deducting the postal money order
commission therefrom, as desired by you.

Brief Statement of Calculations

1. Total period of service of the ...................................

employee Years Months,
2. Wages drawn during the month ...................................
preceding the month in which
gratuity become payable (vide
regulation 5)
3. Amount payable at the rate of half
months wages for each year of
service or part thereof more than six
months.
(a) To employee ...................................
(b) To nominee in proportion ...................................
payable in term of nomination
(c) To legal heir ...................................
4. Proportion of the admissible ...................................
gratuity payable in terms of
nomination as a legal heir
5. Actual amount payable ...................................

Signature of the Competent Authority.

Copy forwarded with compliment to :-

(1) The Financial Controller, Maharashtra Housing and Area Development Authority,
Bombay.
(2) The Chief Accounts Officer.

2. A bill (in Form H) for payment to gratuity is enclosed. The bill may be returned duly
passed for payment alongwith a cheque for the amount passed to enable this office to
make payment to the employees/nominee/ legal heir.

Form 'H'

Bill for Payment of Gratuity

Maharashtra Housing and Area Development Authority

Bill No......................
Office of the.......................
Dated ..............................

1. Name of employee (In full) (In …........................................

block capitals)
2. Post last held …........................................
3. Date of Birth …........................................
4. Date of initial appointment under …........................................
the Authority
5. Date of termination of service of …........................................
employee
6. Cause of termination of service …........................................
of employee
7. Total period of service of the …........................................
employee (Years) (Months)
8. Wages drawn during the month …........................................
preceding the month during Rs. Paise
which the gratuity, became
payable
9. Amount of gratuity payable at the …........................................
rate of half months wages for Rs. Paise
each completed years of (Rupees ….......................)
continuous service or part thereof
for more than six months
10. Amount Payable
(a) To employee Rs. …............................
(b) To nominee in proportion Rs. …............................
payable in terms of nomination
 (c) To legal heir Rs. …............................
Certified that (i) particulars at items Nos. 1 to 8 have been verified with the Service Book
and or other record and found to be correct, (ii) no claim in respect of the above was
preferred previously and that suitable remarks have been made in the Service Book to
avoid a duplicate claim, (iii) the amount of gratuity is payable without any deduction or is
payable subject to the following deductions as provided in regulation 7 of the
Maharashtra Housing and Area Development Authority Employees Gratuity
Regulations, 1985.

Signature of Competent Authority

Audit Endorsement

Passed for Rs...................... (Rupees ...............) and pay by cheque, Head of Account
..................................................................
Noted in the gratuity register,
no page ..................
Auditor Accounts Officer Assistant Chief Accounts Officer.
Accounts Officer.

Form 'I'

[See regulation 10(4)]

Notice rejecting claim for payment of Gratuity

No. of 19
Office of the ...........
Date : ......................

To
Shri/Smt./Kumari ............................................................ (Name of
employee/Nominee/heir)
You are hereby informed as required by clause (4) of regulation 10 of
Maharashtra Housing and Area Development Authority Employees Gratuity
Regulations, 1985 that your claim for payment of gratuity as indicated in your
application form...........is not admissible for the reasons stated below.

Reasons

Signature of Competent Authority

Copy forwarded with compliment to :

The Chief Accounts Officer/
The Accounts Officer for information.
Bare Acts Live

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The Maharashtra Housing and Urea Development Authority (Classification of Service
and Cadres) Regulations, 1987

Published vide Notification No. SEN. 1186/50072/ADM, dated the 4th September, 1987
(M.G.G., Part 4C, p. 495)

mh349

In exercise of the powers conferred by sub-section (4) of section 19 and sub-section (1)
of section 185 of the Maharashtra Housing and Area Development Act, 1976
(Maharashtra XXVIII of 1977), and of all other powers enabling it in that behalf, the
Maharashtra Housing and Area Development Authority, with the previous sanction of
the Government of Maharashtra, hereby makes the following Regulations namely :-
1. Short title and commencement. - (1) These Regulations may be called the
Maharashtra Housing and Area Development Authority Employees (Classification of
Service and Cadres) Regulations, 1987.
(2) They shall come into force on such date as the Authority may by resolution
determine in that behalf.
2. Classification of Services. - Subject to the provisions of sub-section (2) of section
19 and other provisions of the Act, the services of the Maharashtra Housing and Area
Development Authority shall be classified as follows namely :-

(a) Accounts service,

(b) Administrative service,

(c) Architects service,

(d) Engineering service,

(e) Legal service, and

(f) Miscellaneous posts.

3. Cadres and posts. - The services and posts in the Authority mentioned in regulation
2 and shown in column 2 of the Schedule hereto shall consist of the cadres and posts
as specified in columns 3 and 4 of this Schedule respectively.

Schedule

Serial Service Name of the Posts include in the

No. Cadre cadre
(1) (2) (3) (4)
1. Accounts
Service
(A) Class-I (a) Chief Chief Account
Service. Accounts Officer (Grant-I)
Officers (Grade-
I)
(b) Accounts (i) Chief Accounts
Officers. Officer (Grant-II),
Pune Aurangabad
and Nagpur Boards.
(ii) Accounts
Officer.
(iii) Finance Officer.
(B) Class-II (a) Assistant (i) Chief Accounts
Service. Accounts Officer (Grant-III)
Officers. Konkan Board.
(ii) Assistant
Account Officer.
(b) Accountants. (i) Accountant.
(ii) Finance
Assistant.
2. Administrative
Service
(A) Class-I (a) Chief Officer Chief Officer/
Service. Bombay Board.
(b) Chief Chief Officer, Pune,
Officer, Pune, Aurangabad and
Aurangabad and Nagpur Boards.
Nagpur Boards.
(c) Chief Chief Officer,
Officer, Konkan Konkan Board.
Board.
(d) Deputy Chief (i) Deputy Chief
Executive Executive Officer.
Officers.
(ii) Chief
Administrative
Officer.
 (e) Deputy Chief (i) Deputy Chief
Officers. Officer.
(ii) Secretary.
(iii) Enquiry Officer.
(B) Class-II (a) Estate (i) Estate Manager.
Service. Managers.
(ii) Administrative
Officer.
(iii) Administrative
Officer-cum-Estate
Manager.
(iv) Training Officer.
(v) Investigating
Officer.
(b) Assistant (i) Assistant Estate
Estate Managers Manager.
(ii) Superintendent.
(iii) Assistant
Investigating
Officer.
(C) Class-III (a) Senior (i) Senior Assistant.
Service. Assistants
(ii) Investigating
Assistant.
(iii) Deputy
Accountant
(iv) Senior Auditor.
(D) Class-IV (b) Junior (i) Junior Assistant.
Service. Assistants
(ii) Supervising Rent
Collector.
(iii) Senior Cashier.
(c) Senior Clerk (i) Senior Clerk.
(ii) Rent Collector.
 (iii) Statistical
Assistant
(iv) Store keeper.
(v) Cashier.
(vi) Auditor.
(d) Junior Clerk (i) Junior Clerk
(including Typist).
(ii) Record Keeper.
(iii) Bill Accountant
(iv) Bill Collector.
(v) Assistant cashier.
(e) Bailiffs. Bailiff.
(f) (i) Higher (i) Higher Grade
Grade Stenographer.
Stenographers.
(ii) Lower Grade (ii) Lower Grade
Ste-Stenogra-
nographer. phers.
(iii) Steno- (iii) Steno-Typist.
typists
(iv) Head Typist (iv) Head Typist.
(v) Typist. (v) Typist
(C) Class-III (a) Daftary Daftary
Service
(b) Liftmen Liftman.
(c) Naiks (i) Naik
(ii) Ferro Printer.
(iii) Japtidar.
(iv) Roneo Peon
(d) Peons. (i) Peon.
(ii) Helper.
(iii) Chowkidar.
(iv) Mali.
 (e) Sweepers. (i) Sweeper.
(ii) Hamal.
(iii) Sweeper-cum-
Hamal.
3. Architects
Service
(A) Class-I Architects. Architect-Planner.
Service.
(B) Class-II Assistant (i) Assistant
Service. Architects. Architect Planner.
(ii) Town Planner.
(C) Class-III (a) Junior Junior Architect.
Service. Architects.
(b) Architectural Architectural
Assistants. Assistant.
Planning Assistant
(c) Draftsman (i) Selection Grade
Draftsman.
(ii) Draftsman.
(d) Assistant Assistant Draftsman.
Draftsman.
4. Engineering
Service
(A) Class-I (a) Chief (i) Chief Engineer
Service. Engineer. (Level-I)
(ii) Chief Engineer
(Level-II)
(b) Deputy Chief Deputy Chief
Engineer. Engineer.
(c) Executive (i) Executive
Engineer. Engineer.
(ii) Controller of
Stores.
(B) Class-II Deputy (i) Deputy Engineer.
Service. Engineers.
 (ii) Assistant
Controller of Stores.
(C) Class-III (a) Junior Junior Engineer.
Service. Engineer.
(b) Technical Technical Assistant.
Assistant.
5. Legal Service
(A) Class-I (a) Legal Legal Adviser.
Service. Adviser.
(b) Deputy Legal Deputy Legal
Adviser. Adviser.
(B) Class-II Assistant Legal Assistant Legal
Service. Adviser. Adviser and Law
Officer.
(C) Class-III Legal Assistant. Legal Assistant
Service.
6. Miscellaneous
Posts
(A) Class-I (1) Financial
Controller.
(2) Economist.
(3) Chief Accounts
Officer, World Bank
Project.
(4) Vigilance
Officer.
(5) Deputy Director,
World Bank Project
(6) Public Relations
Officers.
(7) Chief
Community
Development
Organizer.
(8) Land Manager.
(B) Class-II (1) Land Officer
(Acquisition).
 (2) Public Relations
Officer.
(3) Assistant
Registrar of Co-
operative Societies.
(4) Community
Development
Organizer
(5) District Inspector
of Land Records.
(6) Tahsildar.
(7) Land Manager.
(C) Class-III (1) Co-operative
Officer (Grade-I).
(2) Deputy
Community
Development
Officer.
(3) Chief Surveyor.
(4) Awal Karkoon.
(5) Circle Inspector.
(6) Telephone
Operator.
(7) Sanitary
Inspector.
(8) Lift Mechanic.
(9) Surveyor.
(10) Mechanic.
(11) Maistry.
(12) Driver.
(13) Plumber.
(14) Wireman-cum-
pumpman.
(15) Wireman.
 (16) Pumpman
(17) Carpenter.
No. SEN. 1186/50072, dated the 8th January, 1988 (M.G.G., Part IV-C, p. 87). - The
following Resolution No. 1498, dated the 14th January, 1987 passed by the
Administrator, Maharashtra Housing and Area Development Authority, who is deemed
to constitute the said Authority for the time being, in exercise of the powers of the
Authority conferred on him under subsection (2) of section 168 of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977) is hereby
published for general information :-

Resolution

In pursuance of clause (2) of regulation 1 of the Maharashtra Housing and Area

Development Authority Employee (Classification of Services and Cadres) Regulations,
1987, the Maharashtra Housing and Area Development Authority hereby determines the
1st January, 1988 as the date on and from which the said Regulations shall come into
force."
Bare Acts Live

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The Maharashtra housing and Area Development (Disposal of Land) Regulations, 1982

Published vide Notification No. G. N., R. D. D. 2, No. MH/LRG. 1080/26616/EM-9, dated

28th January, 1982 (M. G. G., Part 4C, p. 50)

mh345

LEGISLATIVE HISTORY 
In exercise of the powers conferred by sub-section (1) of section 185 of the
Maharashtra Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977),
read with rule 17 of the Maharashtra Housing and Area Development (Disposal of Land)
Rules, 1981 and of all other powers enabling it in this behalf, the Maharashtra Housing
and Area Development Authority, with the previous sanction of the Government of
Maharashtra, makes the following regulations namely:-
1. Short title, commencement and application. - (1) These Regulations may called
the Maharashtra Housing and Area Development (Disposal of Land) Regulations, 1982.
(2) They shall come into force on the date of their publication in the Maharashtra
Government Gazette.
(3) They shall apply to the disposal by the Authority of any land vested in it by
Government or acquired by it under the provisions of Chapter V of the Maharashtra
Housing and Area Development Act, 1976 (Maharashtra XXVIII of 1977), or under any
other law for the time being in force, except to the disposal of tenements.
2. Definitions. - In these regulations, unless the context otherwise requires,-

(1) (a) "Act" means the Maharashtra Housing and Area Development Act , 1976
(Maharashtra XXVIII of 1977);

[(aa) "Allotment Committee" means a Committee appointed by the Authority or by the

Board as the case may be for the purpose of drawing lots for allotment of plots and for
such other purposes relating thereto as the Authority or the Board may think fit from
time to time;]

[(ab) "allottee" means a person to whom a plot is allotted or who is put in possession or
occupation of a plot under these Regulations and includes a housing society, a
company, an association or a body corporate established under any law for the time
being in force in the State;

(ac) "applicant" means a person who applies for allotment of a plot under these
Regulations;]

[(ad) "Authority" or "Board" includes an officer appointed by the Authority or by the

Board as the case may be, to perform the functions and to exercise the powers of the
Authority, the Board or the Chief Officer under these Regulations;]
(b) "Authority" means the Maharashtra Housing and Area Development Authority
established under section 3 of the Act;

(c) "Board" means a Board established under section 18 of the Act;

[(ca) "Chief Officer" means the Chief Officer of a Board within the meaning of sub-
section (5) or sub-section (6) of section 18 of the Act;

(cb) "Estate Manager" means the Officer of a Board appointed as such, and includes an
Assistant Estate Manager appointed as such and duly authorised by the Board for the
purposes of these Regulations;]

(d) "Form" means Form appended to these Regulations;

[(da) "housing society" means a co-operative housing society registered or deemed to

be registered under the Maharashtra Co-operative Societies Act, 1960 (Maharashtra
XXIV of 1961);

(db) "income" in relation to an applicant or allottee means the total average monthly
income regularly derived by the applicant or allottee and his or her spouse from any
occupation, trade, business, employment or any calling or source constituting normal
means of livelihood on the date on which an application for a plot is submitted to the
Authority, Board or officer specified in that behalf or any other date specified by the
Board for the purpose but does not include income which is intended to reimburse any
specific service, such as, conveyance allowance, house rent allowance, travelling
allowance and such other allowances;]

(e) "Rules" means the Maharashtra Housing and Area Development (Disposal of Land)
Rules, 1981;

(2) the words and expressions used in these Regulations but not defined therein shall
have the same meaning respectively assigned to them in the Act or rules.

[2A. Schemes for disposal of vacant lands or plots. - (1) There may be schemes for
disposal of vacant lands or plots intended to be used for residential purposes,-

(i) for different categories of persons, namely low income group, middle income group,
high income group, that is, persons having an income specified in such scheme or for
economically weaker sections of the community, industrial workers or for any
combination thereof; or

(ii) for housing societies consisting of members belonging to an income group as

specified in sub-clause (i) above or to other categories of persons or communities
specified therein or to any combination thereof or for any other housing societies; or
(iii) for government, local authority, public sector undertakings, public charitable trusts or
societies registered under the Societies Registration Act, 1860 (XXI of 1860).

(2) There may also be any other scheme which may be made under the Act as the
Chief Officer or, as the case may be, the Authority, may notify by notice affixed on its
Notice Board and also by advertisement in such local newspapers as may be
determined by him or it.
2B. Reservation of vacant lands or plots. - Subject to the provisions of these
Regulations there shall be reserved by the Chief Officer in every scheme of disposal of
vacant lands or plots intended to be used for residential purposes vacant lands or plots
for categories of persons as specified in rule 13 of the rules in the percentages shown
against them in the said rule.]
3. Manner of disposal of land for residential purpose. - The [Chief Executive Officer]
may, subject to the directions given by the Authority, dispose of any vacant land or plot
intended to be used for residential purposes in an approved layout, by -

(i) inviting tenders by public advertisement; or

(ii) suitable offers, through public advertisement, wherever necessary, to or accepting

offers from the Government, local authority, or public sector undertakings, charitable
trusts or societies registered under Societies Registration Act, 1860 (XXI of 1860); or

(iii) inviting applications by public advertisement on the basis of predetermined premium

or other considerations or both and accepting any of these applications by drawing lots
and, in the case of inadequate applications on 'first come, first served' basis, as the
Authority may determine from time to time; or

(iv) the direction of the [Chief Executive Officer] in respect of making or accepting offers
from such industrial units recommended by an ad-hoc Committee consisting of
representatives of the Authority, Maharashtra State Industrial and Investment
Corporation, Maharashtra State Financial Corporation, and the concerned regional
Development Corporation, for construction of residential quarters for such industrial unit
staff; [or

(v) Public auction held in the manner determined by the Authority.]

4. Classification of persons in Income Groups. - (a) The Authority shall from time to
time fix levels of income on the basis of which a person can be classified in one of the
following groups:-

(i) Economically Weaker Group,

(ii) Low Income Group,

(iii) Middle Income Group,

(iv) High Income Group.

[(b) The Authority shall determine from time to time the rates of premium and rent for
the disposal of land or plot under clause (iii) regulation 3 and dispose of, only in
accordance with clause (iii) of regulation 3, land or plot, proposed for residential use for
the groups mentioned in sub-clauses (i), (ii) and (iii) of clause (a) of regulation 4.]

5. Manner of disposal of land for non-residential purpose. - The Authority may

dispose of any vacant land or plot, which is proposed to be used for a purpose other
than residential in an approved layout, in any of the manners indicated in regulation 3 or
by making offers to or accepting offers from a public charitable trust, or a society
registered under the Societies Registration Act, 1860 (XXI of 1860).
6. Disposal of land inviting tenders by public advertisement or on an application
by Government, local authority or public sector undertaking. - Where the Authority
determines that vacant lands shall be disposed of by inviting public tenders or by
accepting offers from Government, local authority, public sector undertaking, public
charitable trust or society registered under the Societies Registration Act, 1860 (XXI of
1860) there shall be presented a tender or an offer in Form 'A'.
7. Disposal of land by offers to Government, local authority of public sector
undertaking. - Where the authority determines to dispose of any land by making offers,
to the Government, local authority, public sector undertaking, public charitable trust or
society registered under the Societies Registration Act, 1860 (XXI of 1860) such offers
shall be made by the Chief Executive Officer in such form as may be determined by the
Authority incorporating the terms and conditions of offers determined.
8. Disposal of land by inviting applications, public advertisement on the basis of
pre-determined premium and/or other considerations. - Where the authority
determines to dispose of any land by inviting applications from the public on the basis of
pre-determined premium and/or other considerations, there shall be presented an
application in Form 'B'.
[8A. Procedure for disposal of vacant land or plot under clause (iii) of regulation
3. - (a) Where the Authority determines to dispose of any vacant lands or plots intended,
to be used for residential purposes by inviting applications by public advertisement on
the basis of pre-determined premium or other considerations or both, the procedure
prescribed in the succeeding clauses of this regulation shall be followed.

(b) The Chief Officer shall display a notice on the Board of his office inviting applications
from individuals or housing societies or proposed housing societies consisting of
members belonging to specified category or categories for allotment of vacant lands or
plots for construction of residential houses.

(c) The notice shall specify such details of the vacant lands or plots the class of persons
or categories of societies which, may be eligible for allotment, the minimum or maximum
number of plots that would be allotted to each housing society, the reservations for
different categories of persons or societies, the preference, if any, to be given to any
class of persons or societies in the matter of allotment of vacant lands or plots, the
manner of allotment, the amount of deposit or earnest money or both to be paid, the
circumstances in which the amount of deposit or earnest money or any portion thereof
may be retained by the Board towards administrative expenses and such other terms
and conditions of allotment as may be decided by the Chief Officer.

[(d) Subject to the other provisions of these Regulations, the provisions of Parts III, IV
and VI of the Maharashtra Housing and Area Development (Estate Management, Sale,
Transfer and Exchange of Tenements) Regulations, 1981 relating to allotment of
tenements and matters incidental thereto, shall apply mutatis mutandis to the allotment
of vacant lands or plots intended to be used for residential purposes and the matters
incidental thereto and for the purpose references in the said Regulation to the display of
notice under Regulation 7, housing schemes, tenements or buildings or group of
buildings and Form I, shall be construed as references to the display of notice under
clause (b) of Regulation 8A of these Regulations, vacant lands and plots disposal
scheme, vacant lands or plots and Form of these Regulations respectively.]]

[8B. Special provisions applicable to housing societies. - Notwithstanding anything

contained in clause (d) of Regulation 8A,-

(1) An application for allotment of a vacant land or plot or a group of vacant lands or
plots for housing societies may be made by the Chief Promoter of a proposed society
formed by persons belonging to a category or categories specified in the notice
displayed under clause (b) of Regulation 8 A.

(2) After the expiry of the last date of receipt of applications as displayed on the notice
board under clause (b) of Regulation 8A, the Chief Officer shall direct the Authorised
Officer to verify the completeness of applications. On receipt of such directions the
Authorised Officer shall proceed to verify the completeness of applications.

(3) The Authorised Officer shall ensure that each applicant society has submitted all the
requisite certificates in the specified format and other documents in respect of each of
its members as displayed in the notice under clause (b) of Regulation 8A. The Authority
Officer shall summarily reject the applications which are not complete and then draw a
list of applicant-societies in each category of societies specified in the notice displayed
under clause (b) of Regulation 8A, whose applications are found complete and shall
forward the same to the Chief Officer. The Authorised Officer shall also communicate
the result of the verification to the applicant societies whose applications are found
incomplete.

(4) On receipt of the list of applicant-societies whose applications are complete, from
the Authorised Officer, the Chief Officer shall -

(a) If the number of applicant-societies whose applications are found complete in any
category of societies is less than four time the number of plots notified under clause (b)
of Regulation 8A, direct the Authorised Officer to process the applications under clause
(11) of this Regulation.
(b) If the number of applicant-societies whose applications are found complete, is more
than four times the number of plots notified in the notice displayed under clause (b) of
Regulation 8A, direct the Authorised Officer to draw lots under clause (5) of this
Regulation.

(5) The Authorised Officer shall, after notifying to the members of the Allotment
Committee regarding the date of draw, proceed to draw lots from among the applicant-
societies whose application are found complete, in the presence of such members, so
however, that the number of lots so drawn does not exceed four times the number of
plots. The applicant-societies shall be informed of the date, time and place of the draw
by notice displayed on the notice board and also by publishing the same in such daily
newspapers as the Chief Officer deems fit.

(6) On each draw, the Authorised Officer shall, in the presence of the members of the
Allotment Committee enter the name of each drawee in the Register of Drawees
maintained for the purpose, so that the names of successful drawees are entered in the
said register in the same order in which they emerged out of the lots.

(7) There shall be a separate Register of Drawees for each category.

(8) After the entries on each page of the Register of Drawees are complete the
Authorised Officer and a member of the Allotment Committee duly authorised by it in
this behalf, shall each sign the page and any erasures made thereon in token of entries
of the names or erasures being made in their presence and with their approval.

(9) After the preliminary draw of lots in all categories of the housing scheme is complete
and entries in Register of Drawees are authenticated in the manner prescribed in the
foregoing provisions, the Chief Officer shall require the names of all the persons who
have been successful in the preliminary draw of lots to be displayed category-wise and
in the same order in which they are entered in the Register of Drawees on the notice
board of the Board and shall publish a notice in such newspapers as he thinks fit, that a
list of persons who have been successful in the preliminary draw of lots for the housing
scheme specified in such notice has been displayed on the notice board of the Board
and is open for inspection during office hours.

(10) On receipt of the Register of Drawees under clauses (4)(a) and/or (9) of this
Regulation the Chief Officer shall direct the Authorised Officer to scrutinise the
applications of societies whose names appear in aforesaid lists and to determine their
eligibility.

(11) The Authorised Officer shall, on receipt of a direction by the Chief Officer to
determine the eligibility of the applicant-societies, proceed to determine, with the
approval of the sub-committee consisting of members of the Allotment Committee
appointed by the Chief Officer for the purpose, the eligibility of all the members of the
proposed society whose names have been included in the application in accordance
with the requirements notified in that behalf and shall thereafter draw a list, of eligible
applicant-societies in each category of societies specified in the notice displayed under
clause (b) of Regulation 8A.

(12) Applicant-societies all of whose members are held to be eligible under clause (11)
of this Regulation shall alone be considered for the final draw of lots and for allotment of
plots :

Provided that, the Chief Promoter of any such proposed society whose one or more
members is or are held to be ineligible shall be given one opportunity to substitute a
new member or members, as the case may be, who fulfils or fulfil the requirement
notified in that behalf in place of such ineligible member or members. The name or
names of such substituted member or members shall be communicated by the Chief
Promoter to the Authorised Officer within 30 days from the date of intimation of the
decision regarding the ineligibility of the initial member or members by the Authorised
Officer.

(13) List of eligible persons drawn up under clause (11) of this Regulation shall be
forwarded to the Chief Officer.

(14) On receipt of list of eligible societies, the Chief Officer shall require to be displayed
on the notice board of the Board and shall publish a notice in such newspapers as he
thinks fit that the list of eligible societies for the housing scheme specified in such notice
has been displayed on the notice board of the Board, and that it is open for inspection
during office hoars.

(15) Final draw of lots -

(1) On publication of notice under clause (14) of this Regulation, the Chief Officer, shall
-

(a) if the number of eligible applicant-societies in any category of societies is

equal to or less than the number of plots notified under clause (b) of Regulation
8A direct, the Authorised Officer to draw lots to determine the order in which their
names will be entered in the Allotment Register to be maintained under
Regulation (16).

(b) if the number of eligible applicant-societies is more than the number of plots
specified in the notice displayed under clause (b) of Regulation 8A, direct the
Authorised Officer to draw lots under clause (16) of this Regulation.

(16) The Authorised Officer shall, after notifying to the members of the Allotment
Committee regarding the date of the draw, proceed to draw lots from among the eligible
societies in the presence of such members, so however that the number of lots so
drawn does not exceed two times the number of available plots. The applicant-societies
shall be informed of the date, time and place of the draw by notice displayed on the
notice board of the Board and Under Certificate of Posting.
(17) The final lots shall be drawn in the names of the applicant societies and not in the
names of their individual members and the successful society shall be allotted such
number of plots as have been notified to be allotted for each society. The distribution of
plots or flats to individual members shall be the responsibility of that co-operative
society.

(18) The housing society shall be responsible to see that the members thereof duly
comply with the provisions of these Regulations and the terms and conditions of
allotment as contained in the allotment order or the lease to be executed by the society.
Any failure on the part of any of the members of the society to comply with any such
provisions or the terms and conditions shall be deemed to be a breach committed by
the society itself.

(19) Applicant-societies which comes out successful in the final draw of lots shall be
issued a certificate by the Chief Officer to the effect that the vacant land or lands or the
plot or plots shall be allotted to the society on its registration as a housing society under
the Maharashtra Co-operative Societies Act, 1960 (Maharashtra XXIV of 1961). The
Chief Promoter of the proposed housing society shall get the society registered under
the said Act within a period of two months from the date of issue of such a certificate.
The time-limit prescribed for registration may for sufficient reasons be extended by the
Chief Officer. If the society fails to get itself registered within the period or extended
period, the allotment made in favour thereof shall be cancelled and the plot or plots may
be allotted to another housing society on the waiting list in the order of its rank in the
register maintained in that behalf.

(20) On the registration of a housing society, the Chief Officer shall formally allot the
vacant land or lands or plot or plots to such society and arrange to execute a lease
deed as required under these Regulations.]

[8C. Allottees to form co-operative societies for common service. - Unless

otherwise specifically decided by the Authority, the individual allottees shall form a co-
operative society for management of common services such as water supply, common
roads, drainage, chowkidars, sweepers and the like provided for the vacant lands or the
plots and the building constructed thereon within the period prescribed by the Board in
that behalf.
8D. Allotment of vacant lands or plots by the Authority. - Notwithstanding anything
contained in the other provisions of these Regulations, the Authority may in its
discretion allot any vacant land or lands or plot or plots to individuals or housing
societies in case such vacant lands or plots are required to be so offered under any
slum clearance scheme or for any project undertaken in public interest.]
[8E. Disposal of land to registered Co operative Societies holding lands under
registered sale-deeds executed prior to issue of notice for acquisition. - (1) If the
Authority is satisfied that prior to the date of issue of a notice under the proviso to sub-
section (1) of section 41 of the Act a Co-operative Society has registered itself under the
Maharashtra Cooperative Societies Act, 1960 (Maharashtra XXIV of 1961), or has taken
substantial steps to register itself under the said Act, and has also executed prior to the
said date a registered sale-deed with the land owner in respect of a land or a part
thereof which is proposed to be acquired by Government for any of the schemes of the
Authority, the Authority may on acquisition and vesting of such land so acquired or such
part of any other land vesting in it for construction of a building or buildings providing
accommodation to persons who are members of such a Co-operative Society prior to
the date of issue of notice under the proviso to sub-section (1) of section 41 of the Act.
(2) The grant of a land on lease to a Co-operative Society under clause (1) may be so
given only if such grant shall not in any way affect implementation of any of the
schemes to be undertaken by the Authority on the acquired land.
(3) The foregoing provisions of these Regulations regarding the mode and manner of
disposal of vacant land or plot shall not apply to the disposal of land by the Authority
under this regulation and regulation 8F.
(4) If in the opinion of the Authority it is not feasible to grant a lease of any of its lands
under this regulation, it may offer tenements in buildings constructed by it to members
of the Co-operative Society in the schemes undertaken on the land acquired from the
society or on any other land provided such members are eligible for allotment to
tenements in such schemes under the provisions of law for the time being in force.
8F. Disposal of part of acquired land in certain other cases. - (1) The Authority may
out of the land acquired by the State Government for implementation of any of its
schemes dispose of to the owner of such land by grant of lease a part of the land/plot
not exceeding twenty-five per cent, of the total area of the land so acquired as might be
reasonably required for his own residential use or for the residential use of his family :
Provided that, the land owner to whom land or plot is to be given:-

(i) does not own any other land in the same village;

(ii) undertakes not to claim any compensation for acquisition for that part of the land
which is proposed to be granted on lease to him; and

(iii) agrees to pay the development charges on the land in proportion to the area of the
land or plot granted to him on lease :

Provided further that, the Authority may allow the payment of development charges in
suitable instalments with interest at the rate determined by the Authority in that behalf.
Appropriate rebate may be given to owners or plot holders of lands wherein partial
development is already carried out.
(2) If the land acquired by the State Government for implementation of any of its
schemes includes any plots of lands the layouts in respect of which have been
approved by the concerned planning authority, the Authority may dispose of such plots
to the plot holders thereof by grant of a lease on nominal rent and subject to the
conditions specified in the provisos to clause (1) of this regulation.
(3) If the land acquired by the State Government for implementation of any of its
schemes includes any plots of lands the layouts in respect of which have not been
approved by the concerned planning authority, the Authority may, on a specific written
request to the Authority by the plot holder thereof to that effect, dispose of the land held
by him not exceeding two-thirds hereof to the plot holder thereof by grant of a lease on
nominal rent subject to the ceiling of plot size fixed by the Authority in that layout after
the proper planned development of the land so acquired ;
Provided that, the plot holder to whom the plot is to be given :-

(i) does not own any other land in the same village;

(ii) undertakes not to claim any compensation for acquisition for that part of the land
which is proposed to be granted on lease to him;

(iii) if the two-thirds of the original plot held by the plot holder is less than the area of the
smallest plot in the lay out proposed by the Authority, the plot holder shall be required to
take the plot of minimum size; and

(iv) development charges for the entire lay out shall be recoverable proportionately from
such plot holders.

(4) The Authority may, at the request of a person who is eligible for the grant of lease of
apart of the land or plot under the foregoing provisions of this regulation, allot, subject to
his eligibility therefore a tenement in any of buildings constructed by it in the area of his
residence in lieu of the grant of a lease as provided in the said provision.]
9. Payment of premium. - (a) A person, whose tender or offer for grant of a lease on
payment of premium is accepted, shall pay half of such premium within fifteen days of
the acceptance of his offer and the balance within one month thereafter. The Chief
Executive Officer, may, in his absolute discretion, grant extension of time for payment of
the balance premium upto a maximum of six months of the date of acceptance on
payment of interest for the extended period at the rate of 12 per cent. per annum or at
such other higher rate as may be determined by the authority from time to time.

(b) Whenever a lease shall be granted in consideration of premium, the ground rent
shall be payable annually in advance without any deductions whatsoever, on or before
the 10th day of January in each and every year, at the rates to be determined by the
Authority from time to time.

[10. Execution of, lease deed and delivery of possession of land. - After payment of
the whole amount of premium, there shall be executed a lease deed, in favour of
allottee, subject to the directions, if any, to the contrary by the Authority in any case
having regard to the facts and circumstances thereof, the possession of the land shall
not be delivered before execution of such lease deed.]
[11. Execution of Lease. - * * *]
12. Delegation of powers. - It shall be lawful for the Authority to delegate any of its
powers, functions and duties to the Chief Executive Officer.
13. Manner of public advertisement. - Where, under any of these Regulations,
anything is required to be done by public advertisement, it shall be done by publication
of the advertisement in not less than two newspapers, one in English and the other in
Marathi language having large circulation in that Region.
14. Modification of Forms. - The Authority may from time to time modify, for general
application or for application in a specific case, any form annexed hereto to carry out all
or any of the purposes of these Regulations.
15. Term of lease. - Notwithstanding anything contained herein to the contrary but
subject to any law for the time being in force, it shall be lawful for the Authority to
dispose of any land by lease for a term not exceeding ninety years in favour of the
Government, a local authority, a public sector undertaking, a public trust, or a society
registered under the Societies Registration Act, 1860 (XXI of 1860).
16. Disposal of certain plots under directive from Government. - Notwithstanding
anything contained in these Regulations, the plots reserved for amenities or for purely
commercial purposes in any layout prepared by the Authority in a land situate in any of
the nine Urban Agglomerations, namely, Greater Bombay, Thane, Ulhasnagar, Pune,
Kolhapur, Sangli-Miraj, Solapur, Nashik and Nagpur shall be disposed of in accordance
with the directions of the State Government. Similarly, the disposal of not more than two
per cent, of the plots reserved for residential use, and to be allotted to individuals, [or to
the co-operative housing societies, whether proposed or registered] located in such
layouts as aforesaid shall also be done in accordance with the directions of the State
Government :
[Provided that, from out of the plots (other than the 2 per cent, plots as aforesaid)
reserved for residential use and have not been disposed of, the Authority shall allot or
dispose of any of the plots in accordance with the directions of the State Government.]

Maharashtra Housing and Area Development Authority

Form 'A'

(Please See Regulation No. 6)

Please affix passport size

photograph here (in case of
individuals only).

Instructions -

(a) Strike out whichever is not applicable.

(b) All additions and alterations in this form should be initialled by the applicant.

(c) Where necessary, information may be furnished on separate sheets which should be
signed.

Form of Application/Tender for Allotment

(Vide Regulation No. 6)

1. Applicant's full name …........... …........... …...........

 (Use BLOCK letters) (Surname) (First) (Middle)
2. Applicant's present address Applicant's permanent address
…...................................... …..........................................
3. Applicant's date and (Date) (Place) (State)
place of birth
4. In case of offer for residential plots ...............................
Family members (If the applicant is an individual).
Sr. Name Relationship Earning/Not Place of Total
No. with the earning work monthly
applicant household
income
1 2 3 4 5 6
(i) …. …. …. …. ….
(ii) …. …. …. …. ….
(iii) …. …. …. …. ….
(iv) …. …. …. …. ….
List of present members if the applicant is a co-operative housing society.
The list of members of a co-operative housing society in the following Form is enclosed
herewith :-
Sr. Name of Present Occupation Place of Total
No. the Address service monthly
Member household
income
1 2 3 4 5 6
1.
2.
3.
4.
(In case of Government Department, local authority or public sector undertaking)
Number of the Number of Reasons for
Department Employees providing them
accommodation on
this plot
1.
2.
The nature of intended user ....................................
"Family" in relation to a' person means the individual, the spouse of such individual and
their unmarried minor children.
Explanation. - "Minor child" means a person who has not completed his or her age of 18
years.
5. Statement of Surname First Middle
offer - name name
I/We, Shri/Smt. (a) ............. ............. .............
son/daughter/wife ............. ............. .............
of
son/daughter/wife (b) ............. ............. .............
of ............. ............. .............
son/daughter/wife (c) ............. ............. .............
of ............. ............. .............
Authorised Representative/Partner /Trustee/Managing Director/Constituted Attorney of :
(Full Name)..........................................

(Designation) (Name of the Department)

(In case of Government Department)

Address (Present) ..............................

Address (Permanent) .....................................................
desire and hereby make an offer for allotment on 30 years' lease of ............... plot
of................ sq. metres area (Indicate user of the plot-residential/commercial, etc.)
(containing maximum permissible floor space of.......................sq. m.) bearing Plot
No.................Sector No. ................. as described in the layout of the and further offer to
pay an amount of Rs.............(in words and figures) by way of premium payable for the
said plot.
6. I am/we are/my principals are willing to pay half of the premium amount within 15
days of the acceptance of my/our offer and the balance within one month thereafter. I
am/We are/My principals are voluntarily willing to pay the whole amount of lease money
within 15 days of the acceptance of my/our offer.
7. I/We send herewith a demand draft/cash receipt bearing No.............. (in words) being
earnest money on which no interest is payable to me/us.
8. If my/our offer is not accepted by the Chief Officer....................... Board, the earnest
money of Rs....................... (Rupees....................................................in words) paid by
me/us under paragraph 7 hereto shall be returned to me/ us without interest.
9. I am/We are liable to keep this offer valid and not revoke it before the expiry of 6
months from the date of this offer and in the event of my/ our failure to observe and
perform the liability the earnest money paid by me/us under this offer, shall absolutely
be forfeited to the Maharashtra Housing and Area Development Authority.
10. If my/ our offer is accepted and if I/we fail to pay half of the premium amount of
Rs......................(Rupees......... (in words) for the said plot within 15 days of the
acceptance of my/our offer and/or the balance within one month, the agreement
concluded between us shall stand rescinded by the authority and the amount of earnest
money paid by me/us under this offer shall stand absolutely forfeited to the authority.
11. Any notice or letter of communication addressed to me/us at the address given
below ................................................ will be deemed a valid and proper notice of
intimation to me/us.
12. I/We agree to abide by the decision of the Chief Officer of the ................ Board
regarding allotment.
13. I/We declare that the information stated herein above is complete and absolutely
correct and any error or omission therein, accidental or otherwise, will be sufficient
justification for the Chief Officer to revoke at any time acceptance of my/our offer for
allotment of the concerned plot/s.
14. I/We hereby declare that I/We have read and understood the rules governing the
allotment of plots, inspected the title deeds of lands, plans and specifications of the
land, examined the draft of various agreements, declarations and deeds to be executed
and do hereby undertake to execute them when called upon to do so, and abide by the
decision of the authority.

(a) .............. (Applicant's full name) ................... (Signature)

(b) ...............................................................

(c) ...............................................................

Form "B"

(Please See Regulation No. 8)

Please affix passport size

photograph here (in case
of individuals only).

Instructions:-

(a) Strike out whichever is not applicable.

(b) All additions and alterations in this form should be initialled by the applicant.

(c) Where necessary, information may be furnished on separate sheets which should be
signed.

Form of Application for Allotment

(Vide Regulation No. 8)

1. Applicant's full name …........... …........... …...........

 (Use BLOCK letters) (Surname) (First) (Middle)
2. Applicant's present address Applicant's permanent address
…...................................... …..........................................
3. Applicant's date and (Date) (Place) (State)
place of birth
4. In case of offer for residential plots ...............................
Family members (If the applicant is an individual).
Sr. Name Relationship Earning/Not Place of Total
No. with the earning work monthly
applicant household
income
1 2 3 4 5 6
(i) …. …. …. …. ….
(ii) …. …. …. …. ….
(iii) …. …. …. …. ….
(iv) …. …. …. …. ….
List of present members (if the applicant is a co-operative housing society).
The list of members of a co-operative housing society in the following Form is enclosed
herewith :-
Sr. Name of Present Occupation Place of Total
No. the Address service monthly
Member household
income
1 2 3 4 5 6
1.
2.
3.
4.

(In case of offer for plot other than residential).

The nature of intended user..................................

Note. - "Family" in relation to a person means the individual, the spouse of such
individual and their unmarried minor children.

Explanation. - "Minor child" means a person who has not completed his or her age of 18
years.
5. Statement of Surname First Middle
offer - name name
I/We, Shri/Smt. (a) ............. ............. .............
son/daughter/wife ............. ............. .............
of
son/daughter/wife (b) ............. ............. .............
of ............. ............. .............
Authorised Representative/Partner/Trustee/Managing Director/Constituted Attorney of
(Full name) ......................
Address (Present) ................................
Address (Permanent) ....................
desire and hereby make an offer for allotment on 30 years'
Lease of ........................

(Indicate user of the plot-residential/commercial etc.)

..........plot of..........sq. metres area......................... (containing maximum permissible

floor space of.....................sq. m.) bearing Plot No..............Sector No. as described in
the lay-out of the.....................
6. I am/we are/my principals are willing to pay half of the premium amount within 15
days of the acceptance of my/our offer and the balance within one month thereafter. I
am/we are/my principals are voluntarily willing to pay the whole amount of lease money
within 15 days of the acceptance of my/our offer.
7. Any notice/or letter of communication addressed to me/us at the address given below
:
............................................................................................................
............................................................................................................
will be deemed a valid and proper notice of intimation to me/us.
8. I/We agree to abide by the decision of the Chief Officer of the ..........................Board
regarding allotment.
9. I/We declare that the information stated herein above is complete and absolutely
correct and any error or omission therein, accidental or otherwise, will be sufficient
justification for the Chief Officer to revoke at any time acceptance of my/our offer for
allotment of the concerned plot.
10. I/We hereby declare that I/We have read and understood the rules governing the
allotment of plots, inspected the title deeds of land, plans and specifications of the land,
examined the draft of various agreements, declaration and deeds to be executed and
do hereby undertake to execute them when called upon to do so, and abide by the
decision of the authority.
Applicant's full name Signature
(a) ................................ ...............................................
(b) ................................ ...............................................
(c) ................................ ...............................................
 [Form C and Form D Deleted]
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