The Maharashtra Housing and Area Development Act, 1976.
State Act of Maharashtra · Act 28 of 1977156 provisions11 citing judgments
The enactment
| Long title | 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. |
|---|---|
| Type | Act |
| Citation | Act 28 of 1977 |
| Year | 1977 |
| Jurisdiction | State of Maharashtra |
| Ministry | Govt of Maharashtra |
| Status | In force as published by the source |
| Provisions published | 156 |
Full text, provision by provision
Every provision below opens in full, free and without an account.
- Section 1 Short title, extent and commencement of Act.
- Section 1A Declaration.
- Section 2 Definitions.1 citing judgment
- Section 3 Establishment of Authority.
- Section 4 Authority to be corporate body and local authority.
- Section 5 Non-applicability of Rent Act or any corresponding law.
- Section 6 Constitution of Authority.
- Section 7 Term of office.1 citing judgment
- Section 8 Conditions of service of President, Vice-President and non-official members.
- Section 9 Resignation of non-official members.
- Section 10 Temporary absence of members.
- Section 11 Disqualifications of members.
- Section 12 Removal of members.2 citing judgments
- Section 13 Filling of vacancies.
- Section 14 Proceedings presumed to be good and valid.
- Section 15 Existing Boards to continue until Authority constituted.
- Section 16 Authorities charged with execution of this Act.
- Section 17 President or Vice-President to be Chief Executive Officers.
- Section 18 Establishment of Boards.
- Section 19 Appointment of employees and conditions of service.
- Section 20 Provident fund.
- Section 21 Expenses of Authority on staff.
- Section 22 Authority to absorb staff of existing Boards.
- Section 23 Power of State Government of reduction of remuneration or revision of conditions of service for securing uniformity.
- Section 24 General disqualification of all employees.
- Section 25 Meetings of Authority.
- Section 26 Temporary association of persons with Authority for particular purpose.
- Section 27 Section 25 and 26 to apply to Meetings of Boards.
- Section 28 Functions, duties and powers of Authority.
- Section 29 Powers, duties and functions of Boards.
- Section 30 Submission of budget to Authority.
- Section 31 Sanction of budget estimates.
- Section 32 Submission of approved budget estimates to State Government.
- Section 33 Supplementary budget.1 citing judgment
- Section 34 Authority’s Fund.
- Section 35 Deposit of money in fund and operation thereof.
- Section 36 Power of Authority to borrow.
- Section 37 Application of property, fund, etc.
- Section 38 Subvention and loans to Authority.1 citing judgment
- Section 39 Accounts and audit.
- Section 40 Concurrent and special audit of accounts.
- Section 41 Power of State Government to acquire land.
- Section 42 Power of State Government to require person in possession of land to surrender or deliver possession thereof to State Government.
- Section 43 Right to receive amount for acquisition.
- Section 44 Basis for determination of amount for acquisition of lands in municipal areas.
- Section 45 Apportionment of amount for acquisition.
- Section 46 Payment of amount for acquisition or deposit of same in court.
- Section 47 Powers of Land Acquisition Officer in relation to determination of amount for acquisition, etc.
- Section 48 Payment of interest.
- Section 49 Appointment of Land Acquisition Officer.
- Section 50 Basis for determination of amount for acquisition of lands in rural areas and other procedure.
- Section 51 Alternative accommodation to occupiers of residential premises where any acquired building is to be demolished.
- Section 52 Power to purchase or lease by agreement.
- Section 53 Betterment charges.
- Section 54 Notice to person liable for betterment charges.
- Section 55 Agreement for payment of betterment charges.
- Section 56 Recovery of betterment charges.
- Section 57 Transfer to Authority for purposes of this Act land vested in Municipal Corporation, Municipal Council or Zilla Parishad.
- Section 58 Payment in respect of land vested in Authority.
- Section 59 Power of Authority to turn or close public street vested in it.
- Section 60 Reference to Tribunal in case of dispute under section 58 or 59.
- Section 61 Vesting 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…
- Section 62 Disputes regarding reconstitution of plots.
- Section 63 Authority to assume management of requisitioned lands.
- Section 64 Power to dispose of property.
- Section 65 Appointment of Competent Authority.
- Section 66 Power to evict certain persons from Authority premises.1 citing judgment
- Section 67 Power to recover rent, compensation, amount or damages as arrears of land revenue.
- Section 68 Rent, compensation or amount to be recovered from deduction from salary or wages in certain cases.
- Section 69 Competent Authority to have powers of civil courts.
- Section 70 Appeals.
- Section 71 Bar of jurisdiction of civil courts.2 citing judgments
- Section 72 Penalty for obstructing lawful exercise of powers under this Chapter.
- Section 73 Tribunal.
- Section 74 Board for purposes of this Chapter.
- Section 75 Board to exercise powers and perform duties subject to the superintendence, direction and control of Authority.
- Section 76 Duties relating to repairs and reconstruction of dilapidated buildings.
- Section 77 Special powers of Board.
- Section 78 Penalty for contravening section 77.
- Section 79 Power of Board to undertake building repairs, building reconstruction and occupiers housing and rehabilitation schemes.
- Section 79-A Procedure of redevelopment in case of dangerous buildings declared by Mumbai Municipal Corporation or competent authority.1 citing judgment
- Section 80 Where any building is repaired, old building material which is replaced to become property of Authority in exchange for new material provided, and provision for compensation in su…
- Section 81 Use of property assigned or entrusted by Government, Municipal Corporation.
- Section 82 Levy and collection of Mumbai Building Repairs and Reconstruction Cess.
- Section 83 Exemption of certain buildings and lands from payment of cess.
- Section 84 Assessment book maintained under Corporation Act to contain entries showing categories to which buildings liable to cess belong and other particulars.
- Section 85 Mumbai Corporation to credit cess amount to Government.
- Section 86 Mumbai Building Repairs and Reconstruction Fund.
- Section 87 Default of Mumbai Corporation in collecting or paying cess.
- Section 88 Board to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall.
- Section 89 Procedure before undertaking structural repairs.
- Section 90 Temporary accommodation pending structural repairs.
- Section 91 Repairs or reconstruction of buildings which suddenly collapse or become uninhabitable.
- Section 91-A Procedure in case of incomplete or stalled projects.
- Section 92 Submission of proposal for acquisition.
- Section 93 Clearance and compulsory acquisition.1 citing judgment
- Section 94 Temporary and alternative accommodation to affected occupiers where property is acquired.
- Section 95 Temporary and alternative accommodation to certain affected occupiers where property is not to be acquired.
- Section 95-A Summary eviction of occupiers in certain cases.
- Section 96 Amount of acquisition.
- Section 97 Contribution by State Government, Mumbai Corporation and Authority.
- Section 98 Disposal of moneys received by the Board.
- Section 99 Assistance from Mumbai Corporation.
- Section 100 Relaxation or modification of certain provisions of Corporation Act or Regional and Town Planning Act in case of Board’s reconstruction proposal.
- Section 101 Procedure for giving notice and obtaining permission for building to be repaired or reconstructed by Board.
- Section 102 Saving of powers of other authorities and persons to carry out repairs and reimbursement of cost for structural repairs in certain cases.
- Section 103 Revival of owner’s duty to carry out tenantable repairs.
- Section 103A Application of Chapter VIII-A to certain buildings.
- Section 103B Acquisition of cessed property for co-operative societies of occupiers.
- Section 103C Prohibition on transfer of land or building by society.
- Section 103D Relaxation in requirement of minimum number of membership of co-operative societies under this chapter.
- Section 103E Non-member occupiers entitled to continue in tenements of co-operative society.
- Section 103F Application of Rent Act to buildings of co-operative society.
- Section 103G Certain occupiers to be accommodated in transit camps.
- Section 103H Application of provisions of section 100.
- Section 103I Reconstruction of new building by co-operative society.
- Section 103J Protections to occupiers or allottees.
- Section 103K Board for purposes of this Chapter.
- Section 103L Overriding effect of Chapter VIII-A.
- Section 103M Power to remove difficulties.
- Section 104 Board for purposes of this Chapter and its duties.
- Section 105 Power of Board to entrust improvement works.
- Section 106 Use of property assigned or entrusted by Government, Mumbai Corporation, etc.
- Section 107 Transfer of improvement works to Board.
- Section 108 Declaration of slums improvement area and execution of slum improvement works.
- Section 109 Improvement works.
- Section 110 Association of members of local bodies with improvement works.
- Section 111 Power of Board to require the occupiers to vacate premises.
- Section 112 Restriction on buildings in slum improvement area.
- Section 113 Orders of demolition of buildings in certain cases.
- Section 114 Recovery of service charges.
- Section 115 Recovery of dues.
- Section 116 Appeal.
- Section 117 Separate Slum Improvement Fund.
- Section 118 Contribution by State Government and local authority to Fund.
- Section 119 Action taken under Mah. XXIII of 1973 deemed to be taken under this Act.
- Section 120 Establishment of Panchayat.
- Section 121 Incorporation of Panchayat.
- Section 122 Constitution of Panchayat.
- Section 123 Disqualifications.
- Section 124 Term of office of members and their conditions of service.
- Section 125 Commencement of term of office.
- Section 126 Resignation of office by members.
- Section 127 Motion of no-confidence.
- Section 128 Meeting of Panchayat and procedure to be followed.
- Section 129 Powers of Sarpanch and Upa-Sarpanch.
- Section 130 Removal from office.
- Section 131 Filling up of vacancies.
- Section 132 Vacancy not to affect proceedings of Panchayat.
- Section 133 Dissolution or supersession of Panchayat for default.
- Section 134 Duties of Panchayat.
- Section 135 Certain services to be provided by local authority and Panchayat to be responsible for collection and payment of taxes, fees and charges.
- Section 136 Use of property assigned or entrusted by Board.
- Section 137 Violation of direction under section 112(1).
- Section 138 Assistance to Board for carrying out demolition.
- Section 139 Contracts.
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