(1) Any person who contravenes the provisions of sub-section (1) of section 3 or who fails to comply with any order made by the Competent Authority under section 4 or obstructs the Competent Authority in the lawful exercise of any power conferred by or under this Act shall, on conviction, be punished with imprisonment for a term which may extend to three years and with fine.
(2) Any person who contravenes the provisions of sub-section (2) of section 3 shall, on conviction, be punished with imprisonment for a period which may extend to three years and fine :
Provided that in the absence of special and adequate reason to the contrary to be mentioned in the judgement of the Court, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees.
6. All cases relating to the contravention of the provisions of this Act or any order or rule made thereunder shall be tried in a summary way.
7. All of fences under this Act shall be non-bailable.
8. No Court shall have jurisdiction to entertain any suit, prosecution or other proceedings in respect of the eviction of any person from any vacant land under this Act or in respect of any order made or to be made or any action taken or to be taken by the Competent Authority in exercise of the powers conferred by or under this Act or to grant any stay or injunction in respect of such order or action.If any such suit or other proceedings in respect of eviction of any person from any vacant land is pending on the apppointed date in any Court, it shall abate; and it shall be lawful for the Competent Authority to evict such person from unauthorised occupation of the vacant land under the provisions of this Act and to remove and forfeit any property from such land as provided in this Act.
9. 1[(1)] The State Government may, for the purpose of carrying out the provisions of this Act, give such directions to the Competent Authority or any officers or servants (including the members of the police) acting under its authority as the circumstances of the case may require; and it shall be the duty of the Competent Authority and such officers and servants to carry out the directions given by the State Government.
2[(2) The State Government may, by notification in the Official Gazette, appoint a Controller of Slums for any urban area or areas, and may, by order, direct that the powers conferred on it by sub-section (1) shall also be exercised, under its supervision and control, by the Controler of Slums for the purpose of co-ordinating the activities of Competent Authorities functioning in the urban area or areas, as the case may be.]4[The Controller of Slums shall also exercise such other powers and perform such other duties within his jurisdiction as are conferred or imposed on him by or under any other provisions of this Act].
Powers of Controller of Slums under sections 4A and 4B exercisable by authorised officer also.
4 Maharashtra Vacant Lands (Prohibition of [1975: Mah. LXVI Unauthorised Occupation and Summary Eviction) Act, 1975 Penalty.
Power to try summarily.
Offences to be non-bailable.
Bar of jurisdiction of Courts.
Power of State Government;
3[and Controller of Slums] to give directions to Competent Authority.
1 These brackets and figure were substituted by Mah. 37 of 1976, s. 5 (1).
2 Sub-section (2) was added, ibid., s, 5 (2).
3These words were inserted, ibid., s. 5 (3).
4These words were added by Mah. 7 of 1977, s. 3.
10. No suit, prosecution or other legal proceding shall lie against the State Government or the Competent Authority or any officer or servant (including members of the Police) acting under the orders of such Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.