The Maharashtra Housing and Area Development Act, 1976.

S.1 Short title, extent and commencement of Act.

1. Short title, extent and commencement of Act. ¹[***].- (1) This Act may be called the Maharashtra Housing and Area Development Act, 1976.

(2) ²[Chapter VII and Chapter VIII-A extend] only to ³[Brihan Mumbai], and the rest of the Act extends to the whole State of Maharashtra including ⁴[Brihan Mumbai].

(3) This Act shall come into force in such area, from such date⁵, 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) ⁶[* * * * * *]

S.1A Declaration.

¹[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.]

S.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 ;

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.

S.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 immoveable, 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.

S.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, or vesting in, the Authority under or for the purpose of this Act ;

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

S.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 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, structural

S.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 member, so, however, that he does not hold office for a period of more than seven years in the aggregate.

S.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 Legislative is appointed as a member of the Authority (including th

S.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.

S.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.

S.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,

(d) has directly or indirectly by himself or by any partner, any share or interest in any contract or employment with, by or on behalf,

S.12 Removal of members.

(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

S.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.

S.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.

S.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 members including the office bearers thereof shall vacate their office.

S.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.

S.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.

S.18 Establishment of Boards.

S.19 Appointment of employees and conditions of service.

S.20 Provident fund.

S.21 Expenses of Authority on staff.

S.22 Authority to absorb staff of existing Boards.

S.23 Power of State Government of reduction of remuneration or revision of conditions of service for securing uniformity.

S.24 General disqualification of all employees.

S.25 Meetings of Authority.

S.26 Temporary association of persons with Authority for particular purpose.

S.27 Section 25 and 26 to apply to Meetings of Boards.

S.28 Functions, duties and powers of Authority.

S.29 Powers, duties and functions of Boards.

S.30 Submission of budget to Authority.

S.31 Sanction of budget estimates.

S.32 Submission of approved budget estimates to State Government.

S.33 Supplementary budget.

S.34 Authority’s Fund.

S.35 Deposit of money in fund and operation thereof.

S.36 Power of Authority to borrow.

S.37 Application of property, fund, etc.

S.38 Subvention and loans to Authority.

S.39 Accounts and audit.

S.40 Concurrent and special audit of accounts.

S.41 Power of State Government to acquire land.

S.42 Power of State Government to require person in possession of land to surrender or deliver possession thereof to State Government.

S.43 Right to receive amount for acquisition.

S.44 Basis for determination of amount for acquisition of lands in municipal areas.