Maharashtra Industrial Development Act, 1961.

S.1 Short title, extent and commencement.

(1) This Act may be called the Maharashtra Industrial Development Act, 1961.

(2) It extends to the whole of the State of Maharashtra.

(3) This Act, except Chapter VI, shall come into force at once; Chapter VI shall take effect in such area, from such date as the State Government may, from time to time, by notification in the Official Gazette, appoint in that behalf.

¹[Provided that, if in the opinion of the State Government any area or any part thereof, where Chapter VI has been brought into force, is not required or is not likely to be required for the purpose of development as an industrial area, the State Government may, by like notification, direct that Chapter VI shall cease to be in force in that area or in any part thereof on such date as may be specified in

S.37 Investment of amount deposited in the Court.

Where any amount of compensation has been deposited in Court under the last preceding section, the Court may either of its own motion or on the application made by or on behalf of any party interested or claiming to be interested in such amount, order the same to be invested in such Government or other securities approved by the State Government as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as will, in its opinion, give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such amount has been deposited or as near thereto as may be.

S.38 Payment of interest.

When the amount of such compensation is not paid or deposited on or before taking possession of the land, the State Government shall pay the amount of compensation determined with interest thereon at the rate of four per cent per annum from the time of so taking possession until it shall have been so paid or deposited.

S.39 Disposal of land by the Corporation.

(1) Subject to any directions given by the State Government under this Act, the Corporation may dispose of-

(a) any land acquired by the State Government and transferred to it, without undertaking or carrying out any development thereon; or

(b) any such land after undertaking or carrying out such development as it thinks fit,

to such persons in such manner and subject to such terms and conditions, as it considers expedient for securing the purposes of this Act.

(2) The powers of the Corporation with respect to the disposal of land under sub-section (1) shall be so exercised as to secure, so far as practicable, that-

S.40 (Deleted)

[Government lands.] Deleted by Mah. 11 of 1967, s. 4.

S.41 (Deleted)

[Right of land owner to compel Corporation to acquire his interest.] Deleted by Mah. 11 of 1967, s. 4.

S.42 Delegation of powers of the State Government.

The State Government may if it thinks fit delegate any of its powers under this Chapter to any of its officers by rules made in this behalf.

S.42A Acquisition of unutilised surplus lands in industrial areas and allotment to other industries

(1) With a view to ascertaining whether any industrial area developed by the Corporation has been fully utilised for industrial purposes or not, the State Government may direct the Corporation to submit to it a six-monthly report containing the following information in respect of such area, namely :-

(a) the total number of plots and the area of each plot in the industrial area;

(b) the number of plots allotted to the plot holders and the number of plots still in possession of the Corporation;

(c) the date on which possession of each plot was delivered to the plot holder, the period for which the plot is allotted and the premiumor

S.43-1A Government lands.

¹[43-1A. Government lands.- (1) For the furtherance of the objects of this Act, the State Government may ²[by notification published in the Official Gazette,] upon such conditions as may be agreed upon between that Government and the Corporation, place at the disposal of the Corporation, any lands vested in the State Government.

(2) After any such land has been developed by, or under the control and supervision of the Corporation, it shall be dealt with by the Corporation in accordance with the regulations made, and directions given by the State Government in this behalf.

(3) If any land placed at the disposal of the Corporation under sub-section (1) is required at any time thereafter by the State Government, the Corporation shall replace it at the disposal of the St

S.43 Powers of the Corporation in case of certain defaults by owner of land in industrial area.

(1) If the Corporation after holding a local inquiry, or upon report from any of its officers or other information in its possession, is satisfied that the owner of any land in an industrial area has failed to provide any amenity in relation to the land which in the opinion of the Corporation ought to be provided or to carry out any development of the land for which permission has been obtained under this Act, the Corporation may serve upon the owner a notice requiring him to provide the amenity or carry out the development within such time as may be specified in the notice.

(2) If any such amenity is not provided or any such development is not carried out within the time specified in the notice, then the Corporation may itself provide the amenity or carry out the development or have it provided or carried out through such agency as it deems fit :

S.44 Order of demolition of building.

(3) If any land placed at the disposal of the Corporation under sub-section (1) is required at any time thereafter by the State Government, the Corporation shall replace it at the disposal of the St

S.45 Power to stop building operations.

(1) Where the erection of any building in an industrial estate or industrial area has been commenced, or is being carried on, or has been completed, or any existing building is altered, in contravention of the terms on which such building or the land on which it stands is held or granted under this Act, any officer of the Corporation empowered in this behalf may, in addition to any prosecution that may be instituted under this Act, make an order requiring the building operations in relation to such erection to be discontinued on and from the date of the service of the order.

(2) Where such building operations are not discontinued in pursuance of the requisition under sub-section (1), the Corporation or the officer empowered as aforesaid may require any police officer to remove the person by whom the erection of the building has been commenced and all his assistants and workm

S.46 Penalty for construction or use of land and buildings contrary to terms of holding.

(1) Any person who whether at his own instance or at the instance of any other person undertakes or carries out construction or alterations to any building in an industrial estate or industrial area contrary to the terms under which he holds such building or land under this Act shall, on conviction, be punished with fine which may extend to ten thousand rupees, and in the case of a continuing contravention, with a further fine which may extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the offence.

(2) Any person who uses any land or building in an industrial estate or industrial area contrary to the terms under which he holds such land or building under this Act or in contravention of the provisions of any regulations made in this behalf shall, on conviction, be punished with fine which may extend to

S.47 Power to lay pipe lines, etc.

(1) (i) Within any area taken up for development under paragraph (b) of clause (ii) of section 14, the Corporation, and

(ii) for the purposes of (a) carrying gas, water or electricity from a source of supply to, or (b) constructing any sewers or drains necessary for carrying off the workings and waste liquids of an industrial process through, any intervening area, any person empowered in this behalf by the State Government by notification in the Official Gazette (hereinafter in this section referred to as "the authorised person"), may lay down, place, maintain, alter, remove or repair any pipe, pipe lines, conduits, supply or service lines, posts or other appliances or apparatus in, on, under, over, along or across any land in such areas.

(2) The Corporation or the au

S.48 Powers of entry.

Any officer of the State Government, any member of the Corporation, and any person either generally or specially authorised by the Corporation in this behalf, may enter into or upon any land or building with or without assistants or workmen for the purpose of-

(a) making any inspection, survey, measurement, valuation or enquiry or taking levels of such land or buildings;

(b) examining works under construction and ascertaining the course of sewers and drains;

(d) setting out boundaries and int

S.49 Officers of the Corporation may be vested with other powers.

The State Government may, by notification in the Official Gazette, nominate any officer of the Corporation to be a controller or licensing authority under any law for the time being in force relating to the procurement or distribution of any commodity in respect of the industrial undertakings established or to be established in the industrial estates or industrial areas entrusted to or developed by the Corporation and no such nomination shall be called into question merely on the ground that such officer is not an officer of the State Government.

S.50 Overriding powers of Government to issue directions to local authorities.

Notwithstanding anything contained in any other law, or in any licence or permit, if the State Government is satisfied either on a recommendation made in this behalf by the Corporation or otherwise, that the setting up of an industrial undertaking (whether within an industrial area or outside) is impeded by a local authority’s refusal to grant, or by such authority’s insistence on conditions which the State Government considers unreasonable for the grant of, any amenity, the State Government may direct the local authority to grant the said amenity on such conditions as it may consider fit; and thereupon the amenity shall be granted.

Provided that, the charge to be paid for granting or continuing such amenity to the local authority concerned is not less than the cost to the local authority or licensee concerned for providing such amenity :

¹[50A. Power to Collector to reject applications for conversion of use of land for industrial purpose in adjoining areas in certain cases.- If in respect of any land held for the purpose of agriculture and situated outside an industrial area but within a distance of 10 kilometers on all sides from the outer boundary of that industrial area, any person applies for permission of the Collector under the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), for conversion of its use for the non-agricultural purpose of setting up an industrial undertaking thereon, other than a small scale industry, and the Corporation submits its objection in writing to the Collector to such permission being granted, the Collector shall hold such inquiry as he deems fit. If after holding such inquiry, the Collector is satisfied that setting up of such industrial undertaking on that land is likely to hamper orderly development of the industrial area,

S.51 Recovery of sums due to the Corporation as arrears of land revenue.

All sums payable by any person to the Corporation or recoverable by it by or under this Act and all charges or expenses incurred in connection therewith shall, without prejudice to any other mode of recovery, be recoverable as an arrear of land revenue on the application of the Corporation.

S.52 Service of notices, etc.

(1) All notices, orders and other documents required by this Act or any rule or regulation made thereunder to be served upon any person shall, save as otherwise provided in this Act or such rule or regulation, be deemed to be duly served-

(a) where the person to be served is a company, the service is effected in accordance with the provisions of section 51 of the Companies Act, 1956 (I of 1956);

(b) where the person to be served is a firm, if the document is addressed to the firm at its principal place of business, identifying it by the name or style under which its business is carried on, and is either-

S.53 Public notices how to be made known.

Every public notice given under this Act or any rule or regulation made thereunder shall be in writing over the signature of the officer concerned and shall be widely made known in the locality to be affected thereby affixing copies thereof in conspicuous public places, within the said locality, or by publishing the same by beat of drum or by advertisement in a local newspaper, or by any two or more of these means, and by any other means that the officer may think fit.

S.54 Notices, etc., to fix reasonable time.

Where any notice, order or other document issued or made under this Act or any rule or regulation made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule or regulation, the notice, order or other document shall specify a reasonable period of time for doing the same or complying therewith.

S.55 Furnishing of returns, etc.

(1) The Corporation shall furnish to the State Government such returns, statistics, reports, accounts and other information with respect to its conduct of affairs, properties or activities or in regard to any proposed work or scheme as the State Government may from time to time require.

(2) The Corporation shall in addition to the audit report referred to in section 27 furnish to the State Government an annual report on its working as soon as may be, after the end of each financial year in such form and detail as may be prescribed, and a copy of the annual report shall be placed before the State Legislature as soon as may be after it is received by the State Government.

S.56 Withdrawal of area or estate or part thereof.

Where the State Government is satisfied that in respect of any particular industrial estate or industrial area, or any part thereof, the purpose for which the Corporation was established under this Act has been substantially achieved s0 as to render the continued existence of such estate or area or part thereof under the Corporation unnecessary, the State Government may, by notification in the Official Gazette, declare that such industrial estate or industrial area or part thereof has been removed from the jurisdiction of the Corporation. The State Government may also make such other incidental arrangements for the administration of such estate or area or part thereof as the circumstances necessitate.

S.57 Default in performance of duty.

(1) If the State Government is satisfied that the Corporation has made a default in performing of any duty or obligation imposed or cast on it by or under this Act, the State Government may fix a period for the performance of that duty or obligation and give notice to the Corporation accordingly.

(2) If in the opinion of the State Government, the Corporation fails or neglects to perform such duty or obligation within the period so fixed for its performance, it shall be lawful for the State Government to supersede and reconstitute the Corporation, as it deems fit.

(3) After the supersession of the Corporation and until it is reconstituted in the manner laid down in Chapter II, the powers, duties and functions of the Corporation under this Act shall be carried on by the State Government or by such officer or off

S.58 Dissolution of Corporation.

(1) Where the State Government is satisfied that the purposes for which the Corporation was established under this Act have been substantially achieved 50 as to render the continued existence of the Corporation in the opinion of the State Government unnecessary, that Government may by notification in the Official Gazette declare that the Corporation shall be dissolved with effect from such date as may be specified in the notification, and the Corporation shall be deemed to be dissolved accordingly.

(2) From the said date-

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

S.59 Authority for prosecution.

Unless otherwise expressly provided, no Court shall take cognizance of any offence relating to property belonging to, or vested by or under this Act, in the Corporation, punishable under this Act, except on the complaint of, or upon information received from, the Corporation or some person authorised by the Corporation by general or special order in this behalf.

S.60 Compositions of offences by Corporation.

(1) The Corporation or any person authorised by the Corporation by general or special order in this behalf may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act.

(2) Where 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.

S.61 Offences by companies.

(1) Whenever an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of, or 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 under this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with t

S.62 Penalty for obstruction.

Any person who obstructs the entry of a person authorised under section 48 to enter into or upon any land or building or molests such person after such entry or who obstructs the lawful exercise by him of any power conferred by or under this Act 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.

S.63 Power to make rules.

(1) The State Government, after consultation with the Corporation in regard to matters concerning it, may, by notification in the Official Gazette, make rules to carry out the purposes of this Act :

Provided that, consultation with the Corporation shall not be necessary on the first occasion of the making of rules under this section, but the State Government shall take into consideration any suggestions which the Corporation may make in relation to the amendment of such rules after they are made.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) under section 6, the salary and allowances and honora

S.64 Power to make regulations.

(1) The Corporation may, with the previous approval of the State Government, make regulations consistent with this Act and the rules made thereunder, to carry out the purposes of this Act, and without prejudice to the generality of this power, such regulations may provide for :-

(a) under section 7, the time and place of meetings of the Corporation and the procedure to be followed in regard to the transaction of business at such meetings;

(b) under section 12, the conditions of appointment and service and the scales of pay of officers and servants of the Corporation, other than the Chief Executive Officer ¹[the Deputy Chief Executive Officer or Officers] and the Chief Accounts Officer ;

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule or regulation made thereunder.

S.66 Members, officers and staff of Corporation to be public servants.

All members, officers and servants of the Corporation shall, when acting or purporting to act in pursuance of any of the provisions of this Act, be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860).

S.67 Effect of provisions inconsistent with other laws.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law.

S.68 Power to remove doubts and difficulties.

If any doubt or difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, make provision or give such direction not inconsistent with the express provisions of this Act, as may appear to it to be necessary or expedient for the removal of the doubt or difficulty, and the order of the State Government, in such cases, shall be final.

S.69 Amendment of Schedule I to Bom. LII of 1956.

In the Bombay Legislature Members (Removal of Disqualifications) Act, 1956 (Bom. LII of 1956), in Schedule I, after entry 10, the following entry shall be inserted, namely :-

¹"10A. The office of a member of the Maharashtra Industrial Development Corporation nominated under ²[clause (b), (c) or (d) of sub-section (1) of section 4] of the Maharashtra Industrial Development Act, 1961 (Mah. III of 1962), by reason only of his holding such office.".

S.3 Establishment and incorporation.

(1) For the purposes of securing and assisting in the rapid and orderly establishment and organisation of industries in industrial areas and industrial estates in the State of Maharashtra, there shall be established by the State Government by notification in the Official Gazette, a Corporation by the name of the Maharashtra Industrial Development Corporation.

(2) The said Corporation shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name, and shall be competent to acquire, hold and dispose of property, both movable, and immovable, and to contract and do all things necessary for the purposes of this Act.

S.4 Constitution.

¹[4. Constitution.- With effect from the date of commencement of the Maharashtra Industrial Development (Amendment) Act, 1981 (Mah. XLIV of 198), in place of the existing members, the Corporation shall consist of the following members, that is to say-

(a) the Minister for Industries, ex-officio, who shall also be the Chairman of the Corporation;

(b) the Minister of State for Industries, ex-officio, who shall also be the Vice-Chairman of the Corporation;

(c) two official members nominated by the State Government, of whom one shall be the Financial Adviser to the Corporation;

S.5 Disqualification for membership.

A person shall be disqualified for being nominated as a member of the Corporation, if he-

(a) is an employee of the Corporation, not being the Chief Executive Officer, or ship.

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

S.6 Terms of office and conditions of service of members.

¹[(1) (a) Every member of the Corporation nominated under clause (e) or (h) of section 4 shall hold office for a period of three years from the date of his nomination, unless his term of office is terminated earlier by the State Government.

(b) Where a vacancy of any such member occurs due to completion of his term of office or due to termination of his term of office earlier, the vacancy shall be filled in accordance with the provisions of section 9.].

(2) The members of the Corporation nominated under ²[clause (c) or (i)] of section 4 shall be entitled to draw such salary and allowances as may be prescribed. Such reasonable additional remuneration, as may be fixed by the State Government, may be paid to any one or more of the members for extra or spec

S.7 Meetings of Corporation.

(1) The Corporation shall meet at such times and places, and shall subject to the provisions of sub-section (2) observe such rules of procedure in regard to the transaction of its business as may be provided by regulations made under this Act.

(2) A member, who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered into or proposed to be entered into, by or on behalf of the Corporation, shall at the earliest possible opportunity disclose the nature of his interests to the Corporation, and shall not be present at any meeting of the Corporation when any such contract, loan, arrangement or proposal is discussed, unless his presence is required by the other members for the purpose of eliciting information, but no member so required to be present shall vote on any such contract, loan, arrangement or proposal :

S.8 Cessation of membership.

(1) If a member-

(a) becomes subject to any of the disqualifications mentioned in section 5, or

(b) tenders his resignation in writing to, and such resignation is accepted by, the State Government, or

(c) is absent without the Corporations permission from the three consecutive meetings of the Corporation, or from all meetings of the Corporation for three consecutive months, or

(d) is convicted of an offence involving moral turpitude, he shall cease to be a member of the Corporation.

S.9 Vacancies how to be filled.

Any vacancy of a member of the Corporation shall be filled as early as practicable, in like manner as if the appointment were being made originally :

Provided that, during any such vacancy the continuing members may act as ifno vacancy had occurred.

S.10 Temporary absence of members.

¹[10. Temporary absence of members.- (1) In the absence of the Chairman, the Vice-Chairman shall be competent to carry out the duties and functions of the Chairman.

(2) If the Vice-Chairman or any other member of the Corporation is by reason of illness or otherwise rendered temporarily incapable of carrying out his duties or is granted leave of absence by the State Government, or is otherwise unable to attend to his duties, in circumstances not involving the cessation of his membership, the State Government may appoint another person to act for him as the Vice-Chairman or other member, as the case may be, and to carry out his duties and functions by or under this Act. Such person shall vacate office on the date when the Vice-Chairman or other member, as the case may be, resumes his duties.]

S.11 Proceedings presumed to be good and valid.

No disqualification of, or defect in the appointment of any person acting as the Chairman or Vice-Chairman or a member of the Corporation, shall vitiate any act or proceeding of the Corporation, if such act or proceeding is otherwise in accordance with the provisions of this Act.

S.12 Officers and servants of the Corporation.

(1) The State Government shall appoint a Chief Executive Officer, ¹[one or more Deputy Chief Executive Officers] and a Chief Accounts Officer of the Corporation.

(2) The Corporation may appoint such other officers and servants, subordinate to the officers mentioned in sub-section (1), as it considers necessary for the efficient performance of its duties and functions.

(3) The conditions of appointment and service of the officers and servants and their scales of pay shall-

(a) as regards the Chief Executive Officer, ²[the Deputy Chief Executive Officer or Officers] and the Chief Accounts Officer, be such as may be prescribed, and

(1) The Corporation shall take over and employ such of the existing staff serving for the purposes of the Board of Industrial Development constituted by Government Resolution in the Industries and Labour Department, No. IDL. 2360/140755-IND-1, dated the 1st October 1960, as the State Government may direct, and every person so taken over and employed shall be subject to the provisions of this Act and the rules and regulations made thereunder :

Provided-

(a) that, during the period of such employment all matters relating to the pay, leave, retirement, allowances, pensions, provident fund and other conditions of service of the members of the said staff shall be regulated by the Bombay Civil Services Rules or such other rules as may from time to time be made by the State Government;

S.14 Functions.

The functions of the Corporation shall be-

(i) generally to promote and assist in the rapid and orderly establishment, growth and development of industries in the State of Maharashtra, and

(ii) in particular, and without prejudice to the generality of clause (1), to-

(a) establish and manage industrial estates at places selected by the State Government;

(b) develop industrial area selected by the State Government for the purpose and make them available for undertakings to establish themselves;

S.15 General powers of the Corporation.

Subject to the provisions of this Act, the Corporation shall have power-

(a) to acquire and hold such property, both movable and immovable as the Corporation may deem necessary for the performance of any of its activities, Corporation. and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by the Corporation;

(b) to purchase by agreement or to take on lease or under any form of tenancy any land, to erect such buildings and to execute such other works as may be necessary for the purpose of carrying out its duties and functions;

S.16 Authentication of orders and documents of Corporation.

All permissions, orders, decisions, notices and other documents of the Corporation shall be authenticated by the signature of the Chief Executive Officer of the Corporation or any other Officer authorised by the Corporation in this behalf.

S.17 Power to levy service charges.

¹[17. Power to levy service charges.- Notwithstanding anything contained in any contract or in any law for the time being in force, it shall be lawful for the Corporation to levy fees or service charges to cover its expenses on maintenance of roads, drainage, water-supply and such other services and amenities as may be provided by it, including provision of street lighting, at such rates as may be prescribed, from time to time. Such fees or charges may be levied on the plot holders or other persons receiving benefit of the services or amenities.

S.18 Directions by the State Government.

The State Government may issue to the Corporation such general or special directions as to policy as it may think necessary or expedient for the purpose of carrying out the purposes of this Act, and the Corporation shall be bound to follow and act upon such directions.

S.19 Application of Corporation's assets.

All property, fund and other assets vesting in the Corporation shall be held and applied by it, subject to the provisions and for the purposes of this Act.

S.20 Corporation's fund.

(1) The Corporation shall have and maintain its own fund, to which shall be credited-

(a) all monies received by the Corporation from the State Government by way of grants, subvention, loans, advances or otherwise;

(b) all fees, costs and charges received by the Corporation under this Act;

(c) all monies received by the Corporation from the disposal of lands, buildings and other properties movable and immovable, and other transactions;

(d) all monies received by the Corporation by way of rents and profits or in any othe

S.21 Grants, subventions, loans and advances to the Corporation.

The State Government may, after due appropriation made by the State Legislature by law in this behalf, make such grants, subvention, loans and advances to the Corporation as it may deem necessary for the performance of advances to the Corporation as it may deem necessary for the performance of the functions of the Corporation under this Act; and all grants, subventions, loans and advances made shall be on such terms and conditions as the State Government may after consulting the Corporation determine.

S.22 Power of Corporation to borrow.

¹[22. Power of Corporation to borrow.-²[(1) Subject to such conditions as may be prescribed, the Corporation may for the purpose of providing itself with adequate resources, borrow money in the open market by issue of guaranteed or unguaranteed bonds, debentures, stocks or otherwise, or borrow money from any scheduled banks, or from such other banks or financial institutions as are approved, from time to time, by the State Government in this behalf.]

(2) The maximum amount which the Corporation may at any time have on loan under sub-section (1) shall be rupees seventy-five crores, unless the State Government with the approval of the State Legislative Assembly, by notification in the Official Gazette, fixes a higher maximum amount for this purpose.]

S.23 Deposits.

The Corporation may accept deposits on such conditions as it deems fit from persons, authorities or institutions, to whom allotment or sale of land, buildings or sheds is made or is likely to be made in furtherance of the objects of this Act.

S.24 Reserve and other funds.

(1) The Corporation shall make provision for such reserve and other specially denominated funds as the State Government may, from time to time, direct.

(2) The management of the funds referred to in sub-section (1), the sums to be transferred from time to time to the credit thereof and the application of money comprised therein, shall be determined by the Corporation.

(3) None of the funds referred to in sub-section (1) shall be utilised for any purpose other than that for which it was constituted, without the previous approval of the State Government.

S.25 Expenditure from funds.

(1) The Corporation shall have the authority to spend such sums as it thinks fit for the purposes authorised under this Act from out of the general fund of the Corporation referred to in section 20 or from the reserve and other funds referred to in section 24, as the case may be.

(2) Without prejudice to the generality of the power conferred by sub-section (1), the Corporation may contribute such sums as it thinks fit towards expenditure incurred or to be incurred by any local authority or statutory public undertaking in the performance, in relation to any of its industrial estates or industrial areas, of any of the statutory functions of such authority or undertaking, including expenditure incurred in the acquisition of land.

S.26 Budget and programme of work.

(1) The Corporation shall, by such date in each year as may be prescribed, prepare and submit to the State Government for approval an annual financial statement and the programme of work for the succeeding financial year.

(2) The annual financial statement shall show the estimated receipts and expenditure during the succeeding financial year in such form and detail as may be prescribed.

(3) The Corporation shall be competent to make variations in the programme of work in the course of the year provided that all such variations and reappropriations out of the sanctioned budget are brought to the notice of the State Government by a supplementary financial statement.

(4) A Copy each of the annual financial statement and the programme of work and

S.27 Accounts and audit.

(1) The Corporation shall maintain books of account and other books in po1ati0n to its business and transactions in such form, and in such manner, as may be prescribed.

¹[(2) The accounts of the Corporation shall be audited by the auditor appointed in accordance with the provisions of sub-section (3) of section 19 of the Comptroller and Auditor-Generals (Duties, Powers and Conditions of Service) Act, 1971 (LVI of 1979) or by any other auditor appointed by the State Government.]

(3) As soon as the accounts of the Corporation are audited, the Corporation shall send a copy thereof together with the copy of the report of the auditor thereon to the State Government.

(4) The State Government shall cause the accounts of the Corporati

S.28 Concurrent and special audit of accounts.

(1) Notwithstanding anything contained in the last preceding section, the State Government may order that there shall be concurrent audit of the accounts of the Corporation 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 Corporation relating to any particular transaction or class or series of transactions or to a particular period.

(2) When an order is made under sub-section (1), the Corporation 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.

S.29 Application of Bombay Government Premises (Eviction) Act, 1955 to Corporation premises.

(1) The State Government may, by notification in the Official Gazette, provide from such date as is stated therein that the Bombay Government Premises (Eviction) Act, 1955 (Bom. II of 1956), shall apply to premises belonging to, vesting in, or leased by, the Corporation as that Act applies in relation to Government premises, but subject to the provisions of sub-section (2).

(2) On a notification being issued under sub-section (1), the aforesaid Act and the rules made thereunder shall apply to premises of the Corporation with the following modifications, that is to say-

(a) the State Government shall appoint an officer who is holding or has held office whether under the Government or the Corporation, which in the opinion of the State Government is not l

S.30 Non-application of Rent Control Acts to Corporation Premises.

The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), Naw, see the Maharashtra Rent Contrale Act, 1999 (Mah. 18 of 200). any other law corresponding thereto for the time being in force in any part of the State-

(a) shall not apply to any premises belonging to or vesting in the Corporation under or for the purposes of this Act;

(b) shall not apply as against the Corporation to any tenancies or like relationship created by the Corporation in respect of any such premises;

S.31 Application.

The provisions of this Chapter shall apply to such areas from such dates as have been notified by the State Government under sub-section (3) of section 1.

S.32 Compulsory acquisition.

(1) If, at any time in the opinion of the State Government, any land is required for the purpose of development by the Corporation, or for any other purpose in furtherance of the objects of this Act, State Government may acquire such land by publishing in the Official Gazette a notice specifying the particular purpose for which such land is required, and stating therein that the State Government has decided to acquire the land in pursuance of this section.

(2) Before publishing a notice under sub-section (1), the State Government shall by another notice call upon the owner of the land and any other person who in the opinion of the State Government may be interested therein, to show cause, within such time as may be specified in the notice, why the land should not be acquired. ¹[The State Government shall also cause public notice to be given in the ma

S.33 Compensation.

(1) Where any land is acquired by the State Government under this Chapter, the State Government shall pay for such acquisition compensation the amount of which shall be determined in accordance with the provisions of this section.

(2) Where the amount of compensation has been determined by agreement between the State Government and the person to be compensated, it shall be determined in accordance with such agreement.

(3) Where no such agreement can be reached, the State Government shall refer the case to Collector for determination of the amount of compensation to be paid for such acquisition as also the person or persons to whom such compensation shall be paid.

¹[Provided that, no compensation exceeding such amount as the State Government

S.34 Appeal to Court.

¹[(1) Any person aggrieved by the decision of the Collector determining the amount of compensation may, within sixty days from the date of such decision, in so far as it affects him, by written application to the Collector require that the matter be referred by him for determination of the Court as defined in the Land Acquisition Act, 1894 (I of 1894), in its application to the State of Maharashtra, and when any such application is made the provisions of Part IIT of the said Act shall mutatis mutandis apply to further proceedings in respect thereof.]

(2) The decision of the Court ²[on such reference], and subject only to such decision, the decision of the Collector determining the amount of the compensation, shall be final.

S.35 Dispute as to apportionment.

When the amount of compensation has been settled under section 33, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Collector may refer such dispute for the decision of the Court.

S.36 Payment of compensation.

(1) Where the amount of compensation is determined by agreement, the District Government shall pay such amount to the person or persons entitled thereto.

(2) Where the amount of compensation is determined by the Collector under provisions of section 33, the State Government shall tender payment of the compensation determined to the persons entitled thereto according to such determination and shall pay to them unless prevented by some one or more of the contingencies mention hed in sub-section (3).

(3) If the persons entitled to compensation according to the decision of the Collector do not consent to receive it, or if there be no person competent to alienate the land or if there be any disputes as to the title to receive the compensation, the State Government shall deposit the amount of the compensati

S.2 Definitions.

In this Act, unless the context otherwise requires,-

(a) "amenity" includes road, supply of water or electricity, street lighting, drainage, sewerage, conservancy and such other convenience as the State Government may, by notification in the Official Gazette, specify to be an amenity for the purposes of this Act;

(b) "building" means any structure or erection, or part of a structure or erection, which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;