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The Maharashtra Housing and Area Development Act, 1976.

Maharashtra

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.

Act number
28 of 1977
Ministry
Govt of Maharashtra
Department
Housing Department
Enacted
9 May 1977

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

211 sections

  1. Section 1Short title, extent and commencement of Act.
  2. Section 1ADeclaration.
  3. Section 2Definitions.
  4. Section 3Establishment of Authority.
  5. Section 4Authority to be corporate body and local authority.
  6. Section 5Non-applicability of Rent Act or any corresponding law.
  7. Section 6Constitution of Authority.
  8. Section 7Term of office.
  9. Section 8Conditions of service of President, Vice-President and non-official members.
  10. Section 9Resignation of non-official members.
  11. Section 10Temporary absence of members.
  12. Section 11Disqualifications of members.
  13. Section 12Removal of members.
  14. Section 13Filling of vacancies.
  15. Section 14Proceedings presumed to be good and valid.
  16. Section 15Existing Boards to continue until Authority constituted.
  17. Section 16Authorities charged with execution of this Act.
  18. Section 17President or Vice-President to be Chief Executive Officers.
  19. Section 18Establishment of Boards.
  20. Section 19Appointment of employees and conditions of service.
  21. Section 20Provident fund.
  22. Section 21Expenses of Authority on staff.
  23. Section 22Authority to absorb staff of existing Boards.
  24. Section 23Power of State Government of reduction of remuneration or revision of conditions of service for securing uniformity.
  25. Section 24General disqualification of all employees.
  26. Section 25Meetings of Authority.
  27. Section 26Temporary association of persons with Authority for particular purpose.
  28. Section 27Section 25 and 26 to apply to Meetings of Boards.
  29. Section 28Functions, duties and powers of Authority.
  30. Section 29Powers, duties and functions of Boards.
  31. Section 30Submission of budget to Authority.
  32. Section 31Sanction of budget estimates.
  33. Section 32Submission of approved budget estimates to State Government.
  34. Section 33Supplementary budget.
  35. Section 34Authority’s Fund.
  36. Section 35Deposit of money in fund and operation thereof.
  37. Section 36Power of Authority to borrow.
  38. Section 37Application of property, fund, etc.
  39. Section 38Subvention and loans to Authority.
  40. Section 39Accounts and audit.
  41. Section 40Concurrent and special audit of accounts.
  42. Section 41Power of State Government to acquire land.
  43. Section 42Power of State Government to require person in possession of land to surrender or deliver possession thereof to State Government.
  44. Section 43Right to receive amount for acquisition.
  45. Section 44Basis for determination of amount for acquisition of lands in municipal areas.
  46. Section 45Apportionment of amount for acquisition.
  47. Section 46Payment of amount for acquisition or deposit of same in court.
  48. Section 47Powers of Land Acquisition Officer in relation to determination of amount for acquisition, etc.
  49. Section 48Payment of interest.
  50. Section 49Appointment of Land Acquisition Officer.
  51. Section 50Basis for determination of amount for acquisition of lands in rural areas and other procedure.
  52. Section 51Alternative accommodation to occupiers of residential premises where any acquired building is to be demolished.
  53. Section 52Power to purchase or lease by agreement.
  54. Section 53Betterment charges.
  55. Section 54Notice to person liable for betterment charges.
  56. Section 55Agreement for payment of betterment charges.
  57. Section 56Recovery of betterment charges.
  58. Section 57Transfer to Authority for purposes of this Act land vested in Municipal Corporation, Municipal Council or Zilla Parishad.
  59. Section 58Payment in respect of land vested in Authority.
  60. Section 59Power of Authority to turn or close public street vested in it.
  61. Section 60Reference to Tribunal in case of dispute under section 58 or 59.
  62. Section 61Vesting in Municipal Corporation, Municipal Council or Zilla Parishad of streets laid out or altered and open space provided by Authority under any proposal, plan or project under this Act.
  63. Section 62Disputes regarding reconstitution of plots.
  64. Section 63Authority to assume management of requisitioned lands.
  65. Section 64Power to dispose of property.
  66. Section 65Appointment of Competent Authority.
  67. Section 66Power to evict certain persons from Authority premises.
  68. Section 67Power to recover rent, compensation, amount or damages as arrears of land revenue.
  69. Section 68Rent, compensation or amount to be recovered from deduction from salary or wages in certain cases.
  70. Section 69Competent Authority to have powers of civil courts.
  71. Section 70Appeals.
  72. Section 71Bar of jurisdiction of civil courts.
  73. Section 72Penalty for obstructing lawful exercise of powers under this Chapter.
  74. Section 73Tribunal.
  75. Section 74Board for purposes of this Chapter.
  76. Section 75Board to exercise powers and perform duties subject to the superintendence, direction and control of Authority.
  77. Section 76Duties relating to repairs and reconstruction of dilapidated buildings.
  78. Section 77Special powers of Board.
  79. Section 78Penalty for contravening section 77.
  80. Section 79Power of Board to undertake building repairs, building reconstruction and occupiers housing and rehabilitation schemes.
  81. Section 79-AProcedure of redevelopment in case of dangerous buildings declared by Mumbai Municipal Corporation or competent authority.
  82. Section 80Where 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.
  83. Section 81Use of property assigned or entrusted by Government, Municipal Corporation.
  84. Section 82Levy and collection of Mumbai Building Repairs and Reconstruction Cess.
  85. Section 83Exemption of certain buildings and lands from payment of cess.
  86. Section 84Assessment book maintained under Corporation Act to contain entries showing categories to which buildings liable to cess belong and other particulars.
  87. Section 85Mumbai Corporation to credit cess amount to Government.
  88. Section 86Mumbai Building Repairs and Reconstruction Fund.
  89. Section 87Default of Mumbai Corporation in collecting or paying cess.
  90. Section 88Board to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall.
  91. Section 89Procedure before undertaking structural repairs.
  92. Section 90Temporary accommodation pending structural repairs.
  93. Section 91Repairs or reconstruction of buildings which suddenly collapse or become uninhabitable.
  94. Section 91-AProcedure in case of incomplete or stalled projects.
  95. Section 92Submission of proposal for acquisition.
  96. Section 93Clearance and compulsory acquisition.
  97. Section 94Temporary and alternative accommodation to affected occupiers where property is acquired.
  98. Section 95Temporary and alternative accommodation to certain affected occupiers where property is not to be acquired.
  99. Section 95-ASummary eviction of occupiers in certain cases.
  100. Section 96Amount of acquisition.
  101. Section 97Contribution by State Government, Mumbai Corporation and Authority.
  102. Section 98Disposal of moneys received by the Board.
  103. Section 99Assistance from Mumbai Corporation.
  104. Section 100Relaxation or modification of certain provisions of Corporation Act or Regional and Town Planning Act in case of Board’s reconstruction proposal.
  105. Section 101Procedure for giving notice and obtaining permission for building to be repaired or reconstructed by Board.
  106. Section 102Saving of powers of other authorities and persons to carry out repairs and reimbursement of cost for structural repairs in certain cases.
  107. Section 103Revival of owner’s duty to carry out tenantable repairs.
  108. Section 103AApplication of Chapter VIII-A to certain buildings.
  109. Section 103BAcquisition of cessed property for co-operative societies of occupiers.
  110. Section 103CProhibition on transfer of land or building by society.
  111. Section 103DRelaxation in requirement of minimum number of membership of co-operative societies under this chapter.
  112. Section 103ENon-member occupiers entitled to continue in tenements of co-operative society.
  113. Section 103FApplication of Rent Act to buildings of co-operative society.
  114. Section 103GCertain occupiers to be accommodated in transit camps.
  115. Section 103HApplication of provisions of section 100.
  116. Section 103IReconstruction of new building by co-operative society.
  117. Section 103JProtections to occupiers or allottees.
  118. Section 103KBoard for purposes of this Chapter.
  119. Section 103LOverriding effect of Chapter VIII-A.
  120. Section 103MPower to remove difficulties.
  121. Section 104Board for purposes of this Chapter and its duties.
  122. Section 105Power of Board to entrust improvement works.
  123. Section 106Use of property assigned or entrusted by Government, Mumbai Corporation, etc.
  124. Section 107Transfer of improvement works to Board.
  125. Section 108Declaration of slums improvement area and execution of slum improvement works.
  126. Section 109Improvement works.
  127. Section 110Association of members of local bodies with improvement works.
  128. Section 111Power of Board to require the occupiers to vacate premises.
  129. Section 112Restriction on buildings in slum improvement area.
  130. Section 113Orders of demolition of buildings in certain cases.
  131. Section 114Recovery of service charges.
  132. Section 115Recovery of dues.
  133. Section 116Appeal.
  134. Section 117Separate Slum Improvement Fund.
  135. Section 118Contribution by State Government and local authority to Fund.
  136. Section 119Action taken under Mah. XXIII of 1973 deemed to be taken under this Act.
  137. Section 120Establishment of Panchayat.
  138. Section 121Incorporation of Panchayat.
  139. Section 122Constitution of Panchayat.
  140. Section 123Disqualifications.
  141. Section 124Term of office of members and their conditions of service.
  142. Section 125Commencement of term of office.
  143. Section 126Resignation of office by members.
  144. Section 127Motion of no-confidence.
  145. Section 128Meeting of Panchayat and procedure to be followed.
  146. Section 129Powers of Sarpanch and Upa-Sarpanch.
  147. Section 130Removal from office.
  148. Section 131Filling up of vacancies.
  149. Section 132Vacancy not to affect proceedings of Panchayat.
  150. Section 133Dissolution or supersession of Panchayat for default.
  151. Section 134Duties of Panchayat.
  152. Section 135Certain services to be provided by local authority and Panchayat to be responsible for collection and payment of taxes, fees and charges.
  153. Section 136Use of property assigned or entrusted by Board.
  154. Section 137Violation of direction under section 112(1).
  155. Section 138Assistance to Board for carrying out demolition.
  156. Section 139Contracts.
  157. Section 140Recovery of compensation, service charges, etc.
  158. Section 141Panchayat fund.
  159. Section 142Application of Panchayat fund.
  160. Section 143Appointment of servants.
  161. Section 144Budget and accounts.
  162. Section 145Power to call for proceedings, etc.
  163. Section 146Power of Chairman or any officer to inspect office of Panchayat.
  164. Section 147Power of authorised officer or person to inspect and give technical guidance.
  165. Section 148Audit of accounts of Panchayat.
  166. Section 149Execution of works in case of emergency.
  167. Section 150Panchayat to conform to instructions given by Board.
  168. Section 151Liability of members for loss, waste or misapplication.
  169. Section 152Entry for purposes of this Chapter.
  170. Section 153Powers of inspection.
  171. Section 154Power to enter land adjoining land where work is in progress.
  172. Section 155Power to enter any place.
  173. Section 156Occupier’s or owner’s consent ordinarily to be obtained.
  174. Section 157Power to remove offensive or dangerous trades from slum improvement areas.
  175. Section 158Penalties.
  176. Section 159Cesser of corresponding law.
  177. Section 160Advance loans by Authority.
  178. Section 161Terms and conditions for advancing of loans.
  179. Section 162Loan Advance Reserve Fund.
  180. Section 163Money borrowed for advancing loans not to be utilised for other purposes.
  181. Section 163AAssistance for obtaining loans from banks or finance institutions.
  182. Section 164Power of State Government to give directions and instructions and to suspend resolutions and orders.
  183. Section 165Power of State Government to order inquiries.
  184. Section 166Reconstitution of Authority or Board.
  185. Section 167Default in performance of duty.
  186. Section 168Power to appoint Administrator.
  187. Section 169Dissolution of Authority.
  188. Section 170Annual and other reports.
  189. Section 171Other statements and returns.
  190. Section 172Power of entry.
  191. Section 173Notice of suit against Authority, etc.
  192. Section 174Members of Authority or Board or Panchayat, employees of Authority or Panchayat to be public servants.
  193. Section 175Protection of action taken in good faith.
  194. Section 176Power of prosecution.
  195. Section 177Bar of jurisdiction.
  196. Section 178Compounding offences.
  197. Section 179Authority to enforce certain contracts or agreements.
  198. Section 180Recovery of sums due to existing Board or Authority as arrears of land revenue.
  199. Section 181Power to delegate.
  200. Section 182Penalty for obstruction, etc.
  201. Section 183Removal of difficulty.
  202. Section 184Power to make rules.
  203. Section 185Power to make regulations.
  204. Section 186Power to make by-laws.
  205. Section 187Penalty for contravention of by-laws.
  206. Section 188Repeal and savings.
  207. Section 189Consequences of repeal.
  208. Section 190Mah. XLV of 1963 not to apply to Authority, etc.
  209. Section 191Amendment of sections 2 and 40 of Mah. XXXVII of 1966.
  210. Section 192Amendment of Schedule I of Bom. LII of 1956.
  211. Section 193Deleted.