Vidhi Codex

Maharashtra Housing and Area Development Act, 1976

Maharashtra Housing and Area Development Act, 1976

Infrastructure1976211 sections15 chapters

This Legislation acts as the governing framework for urban planning and housing development across the state of Maharashtra. Its primary purpose is to execute the constitutional obligations regarding the equitable distribution of lands and civic amenities to those in need, often referred to as needy persons or co-operative societies. By establishing specific authorities, the Act empowers the state to acquire land for large-scale projects, provide essential services like electricity and water, and then transfer ownership to residents. It also regulates the process of redeveloping old buildings and levies taxes and fees to ensure these projects remain financially viable for the state.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement of Act.
  2. 1ADeclaration.
  3. 2Definitions.
  4. 3Establishment of Authority
  5. 4Authority to be corporate body and local authority
  6. 5Non-applicability of Rent Act or any corresponding law
  7. 6Constitution of Authority
  8. 7Term of office
  9. 8Conditions of service of President, Vice-President and non-official members
  10. 9Resignation of non-official members
  11. 10Temporary absence of members
  12. 11Disqualification of members
  13. 12Removal of members
  14. 13Filling of vacancies
  15. 14Proceedings presumed to be good and valid
  16. 15Existing Boards to continue until Authority constituted

Chapter II CHAPTER II →

  1. 16Authorities charged with execution of this Act
  2. 17President or Vice-President to be Chief Executive Officers
  3. 18Establishment of Boards
  4. 19Appointment of employees and conditions of service
  5. 20Provident fund
  6. 22Authority to absorb staff of existing Boards
  7. 23Power of State Government of reduction of remuneration or revision of conditions of service for securing uniformity
  8. 25Meetings of Authority
  9. 27Section 25 and 26 to apply to Meetings of Boards
  10. 21Expenses of authority on staff
  11. 24General disqualification of all employees
  12. 26Temporary association of persons with Authority for particular purpose

Chapter III FUNCTIONS, DUTIES AND POWERS OF THE AUTHORITY AND BOARDS. →

  1. 28Functions, duties and powers of Authority
  2. 29Powers, duties and functions of Boards

Chapter IV BUDGET, FINANCE, ACCOUNTS AND AUDIT →

  1. 30Submission of budget to Authority
  2. 31Definitions
  3. 32Definitions
  4. 33Definitions
  5. 34Definitions
  6. 35Definitions
  7. 36Definitions
  8. 37Definitions
  9. 38Definitions
  10. 39Definitions
  11. 40Concurrent and special audit of accounts
  12. 41Definitions
  13. 42Power of State Government to require person in possession of land to surrender or deliver possession thereof to State Government
  14. 43Right to receive amount for acquisition

Chapter V CHAPTER V →

  1. 44Basis for determination of amount for acquisition of lands in municipal areas
  2. 45Apportionment of amount for acquisition
  3. 47Powers of Land Acquisition Officer in relation to determination of amount for acquisition, etc
  4. 49Appointment of Land Acquisition Officer
  5. 53Betterment charges
  6. 54Notice to person liable for betterment charges
  7. 55Agreement for payment of betterment charges
  8. 56Recovery of betterment charges
  9. 57Transfer to Authority for purpose of this Act land vested in Municipal Corporation, Municipal Council or Zilla Parishad
  10. 58Settlement of disputes in respect of land vested in Authority
  11. 60Reference to Tribunal in case of dispute under section 58 or 59
  12. 61Vesting in Municipal Corporation, Municipal Council or Zilla Parishad of streets laid out or altered an open space provided by Authority under any proposal, plan or project under this Act
  13. 62Disputes regarding reconstruction of plots
  14. 63Authority to assume management of requisitioned lands
  15. 46Payment of amount for acquisition or deposit of same in court
  16. 48Payment of interest
  17. 50Basis for determination of amount for acquisition of lands in rural areas and other procedure
  18. 51Alternative accommodation to occupiers of residential premises where any acquired building is to be demolished
  19. 52Power to purchase or lease by agreement
  20. 59Power of Authority to turn or close public street vested in it
  21. 64Power to dispose of property

Chapter VI POWER TO EVICT PERSONS FROM AUTHORITY PREMISES AND TO RECOVER DUES →

  1. 65Appointment of Competent Authority
  2. 66Power to evict certain persons from Authority premises
  3. 67Power to recover rent, compensation, amount or damages as arrears of land revenue
  4. 68Rent, compensation or amount to be recovered from deduction from salary or wages in certain cases.
  5. 69Competent Authority to have powers of civil courts.
  6. 70Appeals.
  7. 71Bar of jurisdiction of civil courts.
  8. 72Penalty for obstructing lawful exercise of powers under this Chapter.
  9. 74Board for purposes of this Chapter.
  10. 75Board to exercise powers and perform duties subject to the superintendence, direction and control of Authority.
  11. 76Duties relating to repairs and reconstruction of dilapidated buildings.
  12. 77Special powers of Board
  13. 78Penalty for contravening section 77
  14. 79Power of Board to undertake building repairs, building reconstruction and occupiers housing and rehabilitation schemes
  15. 79-AProcedure of redevelopment in case of dangerous buildings declared by Mumbai Municipal Corporation or competent authority
  16. 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
  17. 81Use of property assigned or entrusted by Government, Municipal Corporation

Chapter VII TRIBUNAL →

  1. 73Tribunal.

Chapter VIII CHAPTER VIII →

  1. 82Levy and collection of Mumbai Building Repairs and Reconstruction Cess
  2. 83Exemption of certain buildings and lands from payment of cess
  3. 84Assessment book maintained under Corporation Act to contain entries showing categories to which buildings liable to cess belong and other particulars
  4. 85Mumbai Corporation to credit cess amount to Government
  5. 86Mumbai Building Repairs and Re-construction Fund
  6. 87Default of Mumbai Corporation in collecting or paying cess
  7. 88Board to undertake structural repairs to buildings which are in ruinous condition and likely to deteriorate and fall
  8. 89Procedure before undertaking structural repairs
  9. 90Temporary accommodation pending structural repairs
  10. 91Repairs or reconstruction of buildings which suddenly collapse or become uninhabitable
  11. 91-AProcedure in case of incomplete or stalled projects.
  12. 92Submission of proposal for acquisition
  13. 93Clearance and compulsory acquisition
  14. 94Temporary and alternative accommodation to affected occupiers where property is acquired
  15. 95Temporary and alternative accommodation to certain affected occupiers where property is not be acquired
  16. 95-ASummary eviction of occupiers in certain cases
  17. 96Amount of acquisition
  18. 101Procedure for giving notice and obtaining permission for building to be repaired or reconstructed by Board
  19. 103Revival of owner’s duty to carry out tenantable repairs
  20. 97Contribution by State Government, Mumbai Corporation and Authority
  21. 98Disposal of moneys received by the Board
  22. 99Assistance from Mumbai Corporation
  23. 100Relaxation or modification of certain provisions of Corporation Act or Regional and Town Planning Act in case of Board’s reconstruction proposal
  24. 102Saving of powers of other authorities and persons to carry out repairs and reimbursement of cost for structural repairs in certain cases
  25. 103AApplication of Chapter VIII-A to certain buildings
  26. 103BAcquisition of cessed property for co-operative societies of occupiers
  27. 103CProhibition on transfer of land or building by society
  28. 103DRelaxation in requirement of minimum number of membership of co-operative societies under this Chapter.
  29. 103ENon-member occupiers entitled to continue in tenements of co-operative society.
  30. 103FApplication of Rent Act to building of co-operative society.
  31. 103GCertain occupiers to be accommodated in transit camps.
  32. 103HApplication of provisions of section 100.
  33. 103IReconstruction of new building by co-operative society.
  34. 103JProtections to occupiers or allottees
  35. 103KBoard for purposes of this Chapter
  36. 103LOverriding effect of Chapter VIII-A
  37. 103MPower to remove difficulties
  38. 104Board for purposes of this Chapter and its duties.
  39. 105Power of Board to entrust improvement works
  40. 106Use of property assigned or entrusted or by Government, Mumbai Corporation, etc.
  41. 107Transfer of improvement works to Board
  42. 108Declaration of slum improvement area and execution of slum improvement work
  43. 109Improvement works
  44. 110Association of members of local bodies with improvement works
  45. 111Power of Board to require the occupiers to vacate premises
  46. 112Restriction on buildings in slum improvement area
  47. 113Orders of demolition of buildings in certain cases

Chapter VIII CHAPTER VIII-A →

    Chapter IX CHAPTER IX →

    1. 114Recovery of service charges
    2. 115Recovery of dues
    3. 116Appeal
    4. 117Separate Slum Improvement Fund
    5. 118Contribution by State Government and local authority to Fund
    6. 119Action taken under Mah. XXIII of 1973 deemed to be taken under this Act
    7. 120Establishment of Panchayat.
    8. 121Incorporation of Panchayat.
    9. 122Constitution of Panchayat.
    10. 123Disqualifications
    11. 124Term of office of members and their conditions of service.
    12. 125Commencement of term of office
    13. 126Resignation of office by members
    14. 127Motion of no-confidence
    15. 128Meeting of Panchayat and procedure to be followed.
    16. 129Power of Sarpanch and Upa-Sarpanch
    17. 130Removal from office
    18. 131Filling up of vacancies.
    19. 132Vacancy not to affect proceedings of Panchayat
    20. 133Dissolution or supersession of Panchayat for default.
    21. 134Duties of Panchayat
    22. 135Certain services to be provided by local authority and Panchayat to be responsible for collection and payment of taxes, fees and charges.
    23. 136Use of property assigned or entrusted by Board
    24. 137Violation of direction under section 112(1)
    25. 138Assistance to Board for carrying out demolition
    26. 139Contracts.
    27. 140Recovery of compensation, service charges, etc.
    28. 141Panchayat fund
    29. 143Appointment of servants.
    30. 144Budget and accounts.
    31. 145Power to call for proceedings, etc.
    32. 146Power of Chairman or any officer to inspect office of Panchayat.
    33. 147Power of authorised officer or person to inspect and give technical guidance.
    34. 148Audit of account of Panchayat.
    35. 149Execution of works in case of emergency.
    36. 150Panchayat to conform to instructions given by Board.
    37. 151Liability of members for loss, waste or misapplication.
    38. 152Entry for purposes of this Chapter.
    39. 153Powers of inspection.
    40. 154Power to enter land adjoining land where work is in progress.
    41. 155Power to enter any place.
    42. 156Occupier’s or owner’s consent ordinarily to be obtained.
    43. 157Power to remove offensive or dangerous trades from slum improvement areas
    44. 158Penalties.
    45. 159Cesser of corresponding law
    46. 142Application of Panchayat fund

    Chapter X PROVISIONS OF LOANS →

    1. 160Advance loans by Authority
    2. 161Terms and conditions for advancing of loans
    3. 162Loan Advance Reserve Fund
    4. 163Money borrowed for advancing loans not to be utilised for other purposes
    5. 163AAssistance for obtaining loans from banks or finance institutions

    Chapter XI CONTROL →

    1. 164Power of State Government to give directions and instructions and to suspend resolutions and orders.
    2. 165Power of State Government to order inquiries.
    3. 166Reconstitution of Authority or Board
    4. 167Default in performance of duty
    5. 168Power to appoint Administrator.
    6. 169Dissolution of Authority.

    Chapter XII MISCELLANEOUS →

    1. 170Annual and other reports.
    2. 171Other Statements and returns
    3. 172Power of entry.
    4. 173Notice of suit against Authority, etc.
    5. 174Members of Authority or Board or Panchayat, employees of Authority or Panchayat to be public servants.
    6. 175Protection of action taken in good faith.
    7. 176Power of prosecution.
    8. 177Bar of jurisdiction.
    9. 178Compounding offences.
    10. 179Authority to enforce certain contracts or agreements.
    11. 180Recovery of sums due to existing Board or Authority as arrears of land revenue.
    12. 181Powers to delegate.
    13. 182Penalty for obstruction, etc.
    14. 183Removal of difficulty.

    Chapter XIII RULES, REGULATIONS AND BY-LAWS →

    1. 184Power to make rules.
    2. 185Power to makes regulations
    3. 186Power to make by-laws
    4. 187Penalty for contravention of by-laws.

    Chapter XIV REPEAL AND SAVINGS →

    1. 188Repeal and savings.
    2. 189Consequences of repeal.
    3. 190Mah. XLV of 1963 not to apply to Authority, etc.
    4. 191Amendment of sections 2 and 40 of Mah. XXXVII of 1966.
    5. 192Amendment of Schedule I of Bom. LII of 1956
    6. 193Substitution of section 272 of C.P. and Berar II of 1950

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