Vidhi Codex

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

General197193 sections10 chapters

The Maharashtra Slum Areas Act of 1971 regulates the improvement, clearance, and redevelopment of informal settlements across the state of Maharashtra. It applies to registered slum dwellers, private landowners, developers, and state housing authorities. The law empowers the government to establish specialized rehabilitation authorities to execute redevelopment schemes. This legislation matters because it safeguards the rights of underprivileged citizens by providing eligible residents with free or subsidized replacement housing. By doing so, the law effectively balances the critical and urgent social need for safe, sanitary living conditions with the pressing economic demands of modern urban growth and regional infrastructure development.

Start reading →Read full ActSections

Chapter I PRELIMINARY →

  1. 1Short title, extent and commencement.
  2. 2Definitions.
  3. 3Appointment of Competent Authorities.

Chapter I SLUM REHABILITATION SCHEME →

  1. 3ASlum Rehabilitation Authority for implementing Slum Rehabilitation Scheme.
  2. 3BSlum Rehabilitation Scheme.
  3. 3CDeclaration of a slum rehabilitation area.
  4. 3DApplication of other Chapters of this Act to Slum Rehabilitation Area with modification.
  5. 3ERestrictions on transfer of tenements.
  6. 3FDisqualifications for membership and removal of members.
  7. 3GMeetings of Slum Rehabilitation Authority.
  8. 3HAct not to be invalidated by vacancy, informality, etc.
  9. 3IOfficers and servants of Slum Rehabilitation Authority.
  10. 3JAuthentication of orders etc., of the Slum Rehabilitation Authority.
  11. 3KPower of State Government to issue directions.
  12. 3LApplication of Slum Rehabilitation Authority's assets, etc.
  13. 3MFund of Slum Rehabilitation Authority.
  14. 3NGrants, subventions, loans and advances to Slum Rehabilitation Authority.
  15. 3OFinancial Statement and programme of work.
  16. 3PAccounts and Audit.
  17. 3QExecution of contracts, etc.
  18. 3RDefault in performance of duty.
  19. 3SDelegation of powers of Slum Rehabilitation Authority or Chief Executive Officer.
  20. 3TProtection of action taken in good faith.
  21. 3UChairman, Members, Chief Executive Officer and Officers, etc., to be public servants.
  22. 3VPower to make regulations.
  23. 3WDissolution of Slum Rehabilitation Authority.

Chapter I PROTECTED OCCUPIERS, THEIR RELOCATION AND REHABILITATION →

  1. 3XDefinitions.
  2. 3YIssuance of photo-pass and maintenance of Register.
  3. 3ZProtection, relocation and rehabilitation of protected occupiers.
  4. 3Z-1Powers of Competent Authority to demolish unauthorised or illegal dwelling structures.
  5. 3Z-2Demolition of unauthorised or illegal dwelling structures and penal liability.

Chapter I SPECIAL PROVISIONS FOR IN SITU REHABILITATION HOUSING SCHEMES FOR PROTECTED OCCUPIERS IN SLUM AREAS →

  1. 3Z-3Definitions.
  2. 3Z-4Constitution of Housing Committee.
  3. 3Z-5Development permission.
  4. 3Z-6Provisions of this Chapter not to apply in certain areas.
  5. 3Z-7Control by State Government.

Chapter II SLUM AREAS →

  1. 4Declaration of slum areas.
  2. 4ACertain slum improvement areas deemed to be slum areas.

Chapter III SLUM IMPROVEMENT →

  1. 5Power of Competent Authority of execution of works of improvement.
  2. 5AImprovement works.
  3. 5BPower of Competent Authority to require occupiers to vacate premises.
  4. 5CPower of Competent Authority to require improvement of buildings unfit for human habitation and of areas which are source of danger to public health, etc.
  5. 6Enforcement of notice requiring execution of works of improvement.
  6. 7Expenses of maintenance of works of improvement to be recoverable from occupier.
  7. 8Restriction on buildings, etc., in slum areas.
  8. 9Power of Competent Authority to order demolition of buildings unfit for human habitation.
  9. 10Procedure to be followed where demolition order has been made.
  10. 10APower of Competent Authority to entrust improvement and other works.

Chapter IV SLUM CLEARANCE AND REDEVELOPMENT →

  1. 11Power to declare any slum area to be a clearance area.
  2. 12Clearance order.
  3. 13Power of Slum Rehabilitation Authority to develop Slum Rehabilitation Area.

Chapter V ACQUISITION OF LAND →

  1. 14Power of State Government to acquire land.
  2. 15Power of Collector to require person in possession of land to surrender or deliver possession thereof to him, etc.
  3. 15AVesting of land under Slum Rehabilitation Scheme.
  4. 16Right to receive compensation.
  5. 17Basis for determination of compensation.
  6. 18Apportionment of compensation.
  7. 19Payment of compensation or deposit of the same in Court.
  8. 20Power of Competent Authority in relation to determination of compensation, etc.
  9. 21Payment of interest.

Chapter VI PROTECTION OF OCCUPIERS IN SLUM AREAS FROM EVICTION AND DISTRESS WARRANTS →

  1. 22Proceedings for eviction of occupiers or for issue of distress warrant not to be taken without permission of Competent Authority.
  2. 23Appeal.
  3. 23ARecovery of rent, etc., by criminal intimidation prohibited.
  4. 24Restoration of possession of premises vacated by tenant.
  5. 25Rent of buildings in slum areas.
  6. 26Chapter not to apply to eviction of tenants from certain buildings.

Chapter VII MISCELLANEOUS →

  1. 27Powers of entry.
  2. 28Powers of inspection.
  3. 29Power to enter land adjoining land where work is in progress.
  4. 30Breaking into building.
  5. 31Entry to be made in day time.
  6. 32Occupier's or Owner's consent ordinarily to be obtained.
  7. 33Power of eviction to be exercised by Chief Executive Officer.
  8. 33AProcedure for allotment of tenements to slum dwellers not willing to join the Scheme or Project.
  9. 33BRecovery of rent due from developers.
  10. 34Power to remove offensive or dangerous trades from slum areas.
  11. 34AConstitution of Apex Grievance Redressal Committee.
  12. 34BConstitution of Grievance Redressal Committee.
  13. 35Appeals
  14. 36Service of notice, etc.
  15. 37Penalty.
  16. 38Order of demolition of buildings in certain cases.
  17. 39Jurisdiction of courts.
  18. 40Previous sanction of Competent Authority for prosecution.
  19. 41Protection of action taken in good faith.
  20. 42Bar of jurisdiction.
  21. 43Competent Authority, etc., to be public servants.
  22. 44Tribunal to determine claims of Competent Authorities before they are recovered as arrears of land revenue.
  23. 44AVacancy and temporary absence of President and other members of Tribunal.
  24. 45Provisions relating to Tribunal.
  25. 46Power to make rules.
  26. 47Cesser of corresponding laws and powers conferred thereunder temporarily.
  27. 48Deleted.

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