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233 views16 pagesMhada Act Chap 8
MHADA Act Chapter 8
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/ 16
CHAPTER VIII
Repates ax Reconstruction oF Diapiparen Buitpios
74. *[The Mumbai Repairs and Re-construction Board] established under
section 18 of this Act shall be the Board for the purposes of carrying out the
purposes of this Chapter.
75. The Board shall exercise its powers and perform ite duties and
functions under this Chapter, subject to the superintendence, direction and
control of the Authority.
76, Subject to the provisions of this Chapter, it shall be the duty of the
Board—
(a) to undertake and carry out structural repairs to buildings, in such
order of priority as the Board, having regard to the exigencies of the case
and availability ‘of resourees, considers necessary, without recovering any
expenses thereof from the owners or occupiers. of such buildings ;
() to provide temporary or alternative accommodation to the oceupiers
of any such building, when repairs thereto are undertaken, or a building
collapses ;
() toundertake, from time to time, the work of ordinary and tenantable
repairs in respect of all: premises placed at the disposal of the Board ;
@ 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 now buidinge, thereon for the purpose
of housing ds many occupiers of those properties as possible, and for
providing alternative accommodation to other affected occupiers ;
(ec) to move the State Government to acquire old and dilapidated
buildings and which were once structurally repaird by the’ Board, but in
respect of which further structural repairs are not, in the opinion of the
Board possible or economical, and to reconstruct or to get reconstructed (on
domblishing existing buildings) new buildings thereon for the purpose of
housing as many occupiers of those properties as possible, and for providing
altemnati
Repai
Reconstruction Boord” by Mah, 26 of 1988, 1.2, and Sch. para (3)
Board for
perposes of
this Chapter.
Board 10
superintea-
sence
direction and
‘control of
Authority
reconstruc
tion of:
dilapidated
buildings. 22
Special
powers of
Board,
Penalty for
contravening.
section 77,
rehabilition
schemes.
Maharashtra Housing and Area Development (1977 : Mab. XXVIII
Act, 1976
(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 portiorts thereof, which are not capable of being repaired at reasonable
expense, and thereby save human lives ;
(4) with the prior, approval of the Authority, to daall other things to
facilitate the carrying out its powers, duties and functions provided by or
under this Act.
77. The Board, in the exercise of its powers, performance of its duties and
discharge of its functions under this Chapter may—
(@) authorise any person, by general or special order, to enter into or
upon and building or land with or without assistance of workmen for
ing any inquiry, inspection, survey, measurement, valuation or taking
Jevels 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 ton cxgescion of tae purpoos Be Walch ths antsy io to be mas,
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 presenco
of their representatives, and due regard shell be had to the social and”
religious usages of the owner or occupiers ;
(®) 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 eause to be used such farce as may be ressonably 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 *f this Chaptor shell mutatis mutandis apply to such secupiors,
78. Any porson who obstructs the entry of a person authorised under
section 7 to enter upon any building or land or in the performance or
execution by such person of his duty, oof any work which ho is authorised
or required to do, or molests such person in any way after such entry, or fails
to vacate any building or to remove therefrom any belongings within the
period specified in that behalf shall, on conviction, be punished with
imprisonment for a term which may extend to three months, or with fine *
which may extend to five hundred rupees, or with both.
“79, (1) The Authority may, on such terms and conditions as it may think
fit to impose, entrust to the Board the framing and execution of schemes for
building ropairs or for reconstruction of buildingy 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 thia Act :
@) The Board may, on such terms and conditions as may be agreed upon,
and with the previous approval of the Authority—
(a) hand over the exocition under ita own supervision of any, building
repairs ‘scheme, building reconstruction scheme, or dishoused occuppier’s
housing scheme to a Municipal Corporation or to a co-operative society or
to any other agency recognised for the purpose by the Board, as it may
deem necessary, and Moharashtra Housing and Area Developnient [1977 :Mah. XXVIII
. Act, 1976 -
() The Municipal Commissioner shall recover the amount of the cess
levied under sub-section (1) by an addition to the general tax levied and som.
collected under the Corporation Act. Every addition to the general tax made III of
under this section shall be recovered by the Municipal Commissioner from 1388.
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 stich 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 arly half year shall
be recoverable from him in arrears with the instalment of the general tax due
for the next due for thie 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 section 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 'Ithe 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 vahie of the land or building,
and he shall be entitled to recover the remaining amount of the cess levied
by meking a proportionate increase in the rent of the various premises in the
building, in the same manner as if there was an inerease 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, Whore 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—
(@) fails to pay to *[the Mumbai Corporation] his share of the cess; or
(6) fails to pay to {the Mumbai Corporation] any portion of the cess as
is due from any oceupier as provided in sub-section (4) after having recovered
the same from the occupier ; or
(c) does not within 2 reasonable time institute a suit, for recovery of
possession of the premises; or report to the Municipal Cornmissioner 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).
* ‘These words were substituted by Mah. 25 of 1996, s. 2, Sch. para (3)
* ‘This portion was inserted by Mah. 12 of 1989 8. 6. 1977:
Mah.
XXVIL
of
1992.
Bom.
XXIX
1950
‘Mah. XXVIII] Maharashtra Housing and Area Development
Act, 1976
(6) On receipt of a report from the owner under the last preceding sub-
section or otherwise, when any occupier is in arrear in payment of the portion
of the cess due from him, the Municipal Commissioner may recover from the
occupier the due amount (whether it 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 patt thereof for the
period and if the cess is not paid reduce the demand for cess to one-third of
the amount of coss payable for that period.
(@) Notwithstanding anything contained in any law and notwithstanding
any rights arising out of any contract or otherwise howsoover, 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
@) in the case of any other land or building, upon such land or building,
and upon the goods and other moveable property, if ay found within or
‘upon such land or building and belonging to the person liable to pay the
cess. Z
88. (1) The following lands and buildings shall be exempt from payment
of the cess, that is to say,— .
(@) lands and buildings vesting in, or leased to, the Central Goyernment;
@) 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 theron 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 5
(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 aslo 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;
(@) lands and buildings vesting in, or leased to, the Authority ;
() Iands 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
35
Exemption
of certain
buildings ad
lands from
payment of
ess.
under the Bombay Public Trusts Act, 1950, and, exclusively occupied for *
public worship or for education purposes;
"These words were substituted by Mah. 25 of 1996, s. 2, Sch. para (3).
H 4113~6e ’ 36
Assessment
book
maintained
under
Corporation
‘Act to
contain
entries
showing
categories to
which
buildings
liable to cess
beleng and
other
particular.
Maharashtra Housing and Area Development (1977: Mab. XXVIL
Act, 1976
() 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 ;
(2) 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 ;
(@ buildirfs exclusively in the occupation of the owner ;
@ buildings exclusively used for non-residential purposes ;
(2) residential buildings exclusively occupied on leave and licence
basis ;
@ buildings occupied or used partly for one and partly for any other
purpose or purposes specified in clause (0, (j) or (&) :
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 Mah
on which the Bombay Building Repairs and Reconstruction Board Act, XLVI
1969, came into force in such area ; eo
(0) any lands and buildings exempted from the payment of the cess
before thé appointed day under clause (m) of sub-section (1) of section 28
of the Act referred to in clause (n) ;
fp) building whichis subjected to repair amounting to reconstruction
Faria ey Mitta Carpacain}
eS * *
Explanation.—In this section building "means building as a whole, and
not any part thereof or premises therein taken separately,
84. (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 bolonge and such other perticulars as he deems
necessary.
Where a building is erected before the Ist day of September 1940, the
building shall be clasified as belonging to Category A.
Where a building is erected between the period from the Ist day of
September 1940 to 31st day of December 1950 (both inclusive), the building
shall be classified as belonging to Category B.
‘Where a building comprised in any property is erected between the period
from the ist day of January, 1951, to the day immediately preceding the date Mah
on which the provisions. of the Bombay Building Repairs and Reconstruction a
Board Act, 1969 are brought into force in the area in which the building is gy
uated, the bi shall be classified as belonging to Category C.
* Clause (p) was added by Mah. 16 of 1998, s. 2 (4).
2 Sub-section (2) was deleted, ibid, s. 2 (b). 1977:
Mah.
xLvin
of
1977.
Mah. XVII) Maharashtra Housing and Area Development
‘Act, 1976
Where a floor or any part of a building is constructed subsequently, the
date of construction, area and other description of such floor or part shalll be
shown separately.
(@) 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 notic thereof in the manner laid down in section 160 of
that Act and of the place where the ward assessment book so amended, or
a copy of it, may be inspected. When the first public notice is given, and
whenever any such notice is given subsequently under the said section 160,
the provisions of sections 161, 162, 163, 164 and 165 as modified for the
propose 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 retable
value and other entries relating to any property entered in the assessment
book, of which notice is given by the Municipal Commissioner.
(8) 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.
1185. 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. (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 shal] be
maintained, operated and expended.
. ‘85 was substituited by Mah. 16 of 1998, 5. 3.
* These words were substituted for the original by Mah. 25 of 1996, s. 2, Sch.
Mumbai
Corporatio
to credit ce
amount to
Governme:
{Mumbai
Building
Repairs anc
Re-
constructio
Fund 38 Maharashtra Housing ond Area Development (1977: Mah. XXVIII
‘Act, 1976
Default of 87. (1) If the [Mumbai Corporation] makes default in the collection or
jiumbsi payment to the State Government of any sums due in respect ofthe cess, the
Comorition) State Government may, after holding such inquiry as it thinks fit, fix a period
in collecting. of the collection or payment of such sum.
or payis3 (2) If the collection or payment of tho sum is not made within the period
so fixed, the State Government may, ute hefeiding ay ing 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 | i Corporation} by way
of deposit by such bank or person ; and such bank or person shall be bound
to obey such order.
(8) 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
Bourd to 88. (1) Subject to'the other provisions of this Chapter, where the Board
andertake on consideration of the information given by the Municipal’ Commissioner, or
structural @ report oF its officer authorised for the purpose, or other information in its
Teptirst© possession, is statisfied thet any building, which is occupied by persons, is
sctiidngs fy'Such a ruinous or dangerous condition, that tis imminently likely to fall
which are it unless structural repairs which will rendenit fit and safe for habitation, are
condition ana ¥x6ently done, then in such cases, the Board shall, subject to the provisions
likely to Of Sub-section (3), undertake such repairs to that building.
deteriorate _ (2) The Board’ may prepare a list of such buildings setting out the order
‘and fall. of priority or urgency in respect of which structural repairs are necessary, and
may un 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—
‘q) the cost of structural repairs to.a building will exceed *{One thousand
and two hundred rupees} per square metro, of °
(@) the cost of structural repairs toa building will exceed {One thousand
and two hundred rupees) per square metre 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
does not exceed 3[One thousand and two hundred rupees} per square metr
* These words were substituted for the orginal by Mah. 25 of 1996, s. 2, Sch. para (3).
STi Sera wipe: weiaee cian Cie. wards “one eeesand eepees by EARS
* These words wore substituted for the words “one thousand rupees” by Mah. 6
x Section’ 6 of Mah. 21 of 1980 reads as under -—
Adjustment “* (1) If on the date of commencement of this Act, the Board has already undertaken
ofpayments structural repairs to ary. building, or is likely to undertake such ‘0
Peuicty any building’ before the’ lat October 1980, the occupiers mey by aprucation
occupiers for in writing intimate their eption on or before the Bist March 1081 whether
Sitess cast sich repairs should be card out at the cos of the Board not wo
‘efore ist, hundred poss per square metre, instexd of not excepding ane hundred and
‘October |. twenty rupees por aquare metre.
1980. @) On receipt of such intimation, the Board shall re-calculate the excess cost,
if ny, to be paid to the Board by the occupiers. If the amount alracy paid
by the occupiers is more than the excess cost thus re-calculated, surplus
ameunt with the Board shall be refunded to the occupiers but. the occupiers
shal be liable from be liable be liable from the Ist October 1980 to revised
rate of cess applicable when the Board contributes towards the cost of the
repairs at the rate exceeding one hundred and twenty rupees but not exceeding
two hundred rupees per square’ metre, (977: Mab. XXVIII) Maharashtra Housing and Area Development
Act, 1976
then in cases falling under clause (a) or clause (6) the Board, notwithstanding
anything contained in this Chapter, may not consider such building or buildings
for repairs and may issue a certificate to the elféct to the owner or awners
the case may be, affix a copy of the relevant certificate.in some
“conspicuous part of the building or buildings for the information of the occupiers
and proceed to take action as provided in this Chapter :
Provided that, in cases of special hardship, the Board may, on such terms
and conditions as it may deem fit to impose, consider a building for structural
. Tepairs 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 'fone
thousand and two hundred rupees} per square metre 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.
(@) 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
strural 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. (1) Where the Board is satisfied under section 88 that structural
repairs are nécessary to a building, the Board shall give the owner thereof a
Procedure
before
3s
notice of not less than fifteen days, informing that the Board intends to carry ‘séerakitg
‘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 aréa
and location of the premises in occupation of each occupier and the rent,
compensation or amount (including pormitted increases, if any), charged
therefor.
(3) A copy of such notice shall also be affixed in conspicuous part of the
building to which it relatos and also published by proclamation or near such
building accompanied by a beat of drum for the information of the occupier
thereof and for giving them an opportunity to submit objections or suggestions,
if any. :
(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.
(6) 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.
¥ These words were substituted for the words “One thousand rapees* by Mah.
6 of 2008, 8, 4.
structural
repairs 40 Maharashtra Housing and Area Development (1977 : Mah. XXVIII
Act, 1976
(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 expiréd, 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 toone
‘thousand rupees, a
‘Temporary 90. (1) Where the Board, before underteking structural repairs to any
accommoda- building is of the opinion that all or any of the occupiers thereof should
tion pending temporarily vacate their premises till the repairs are completed, the board
structural shall give them notice to vacate by a date or dates specified in the notice, and
‘spars. 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,
(#) Subject to the next succeeding sub-section, such occupier shall, however,
have a right to reoceupy his promises in the building afler 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 ‘ithe payment of such
service charges| and such other terms and conditions as the Board may from
time to time determine.
(6) The occupire shall, on accepting the accommodation allotted to him,
continue to pay the owner the rent (induding permitted increase, if any) in
respect of the premises vacated by the occupier.
(7) Where an occupier does not accept the accommodation allotted by the
Board, such occupier shall, nevertheless be liable to continue to pay the owner
the rent (including permitted increase, if any), of the premises vacated by him,
unless by giving proper notice to the owner, he surrenders his tenancy or other
right. P
(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
80 to pay.
(9) Where an occupier dods not vacate his premises, the Board may take
or cause to be taken such steps and uso or eause to be used euch force as may
be reasonably necessary for the purpose of getting the premises vacated.
(0) The Board may, after giving fifteen clear days’ notice to the oceupiers
who were required to vacate the premises under sub-section (9) and affixing
‘8 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.
|, These words shall and shall be deemed to have been inseried with effea om
the Lat day of April 1985 by Mah. 12 of 1889, s. 8, 1977 : Mah. XXVIII] Maharashtra Housing and Area Development
‘Act, 1976
(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 aifixing 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-cccupation from
1 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) Ifan 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.
U4) If'such occupier has accepted any temporary accommodation allotted
to him under this section he shall vacate the same forthwith, and if he does
not vacate fortwith or within such time as the Board may permit in writing,
he hall ke liable to be evicted therofror under the provisions of Chapter VI
of this Act as if such person was in an unauthorised occupation of the
Authority premises.
91. (1) Where a building suddenly collapses or becomes uninhabitable
due to fire, torrential rain or tempest or otherwise and all or any of the
occupiers ‘thereof are dishoused, the Board shall allot temporary
accommodation to such occupiers in any building maintained by the Authority
for such purpose at such places and to such extent as it deoms 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 ig capable of being repaired and renderer 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 a8 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 repaird 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,
(6) Where the whole building collapses or is rendered uninhabitable, and
is, therefore, not capable of being repaired and rendered fit for habitation, and
the property is not acquired under sub-section (3), then, no plan for creating
H 419-7
41 a Maharashtra Housing and Area Development (1977 :Mah. XXVIII
Act, 1976
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.
Submission of 92, (2) If in respect of any building the Board has issued a certificate
Proposal for under sub-section (3) of section 88, or the Municipal Commissioner hes under
"section 354 of the Corporation Act, issued a writen 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 capablo of boing ropaired 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 Mumbai 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 sits, 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 : *[ * ‘ “7
“(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 motres.]
(3) Those dishoused cecupiers who cannot he 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.
(@) 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.
(©) 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
(®) the Municipal Commisioner issues under the said section 354 of the
Corporation Act a written notice within nine months from the date on
which the provisions of this Chapter are brought into force in the area in
which such building is situated requiring the owner or occupier thereef to
ited for the original by Mah. 25 of 1996, s. 2, Sub.
ae
These words wars
para (®.
* The portion beginning with the words “but in no case” and ending with the
words “al the Board may determine *"was deloted by” Malt 6 at Toast otto
3 The proviso was inserted, ibid., s. 5(b).
‘These words were substituted for the word “rent”, ibid., s. 9(b). 977 :Mah. XXVIII) Mcharashtra Housing and Area Development a3
‘Act, 1976
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. (1) Notwithstanding anything contained in the Corporation Act, ifon Ciearance and
receipt of an acquisition proposal under section 92, the State Goverment is compulsory
satisfied about the reasonableness of the proposal and of the resources
available with the Board for constructing a new building, it may appove the
proposal and communicate its approval to the Board.
@) On receipt of the Government approval, the Board shall forward the
acquisition proposal to the Land Acquisition Officer for initiating land
acquisition proceedings.
(8) On receipt of the acquisition proposal from the Board, the Land
Acquisition Officer shall publish simultaneously in the Official Gezette, and
in at least four newspapers circulating within "[Brihan Mumbai) a notice
stating the fact of such proposal having been made by the Beard 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.
(@ The Land Acquisition Officer shall serve the notice referred to in sub-
section (3) on the oczupiers 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 Gezette fixing a date on which the proposal as
approved shall become operative and the land specified therein, shall, on and
from the date of such publication, vest absolutely in the Roard 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.
* These words were substituted for the by Mah. 25 of 1996 . 2, and Sch.
para (3).
H 413-70 44 Maharashtra Housing and Area Development (1977: Mah. XXVI
Act, 1976
(1) After the proposal becomes operative, the occupiers of the building
shall vacate their premises within the time allowed for that purpose under
the propose).
(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 day's 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.
‘Temporary _ 94. (1) Where the Board requires the occupiers of any building to vacate
their premises to enable it to constract 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