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

1[CHAPTER I-C SPECIAL PROVISIONS FOR IN SITU REHABILITATION HOUSING SCHEMES FOR PROTECTED OCCUPIERS IN SLUM AREAS 3Z-3. Definitions.- In this Chapter, unless the context otherwise requires,-

1. (a) "Housing Committee" means a Housing Committee constituted under section 3Z-4 :
2. (b) "Housing scheme" means a scheme formulated and declared by the State Government or the Government of India, for the construction or reconstruction of dwelling units or structures in the scheme area for providing basic amenities to the slum dwellers who are protected occupiers as defined in clause (a) of section 3X and their in situ rehabilitation in such scheme area;
3. (c) "Scheme area" means any area declared as the scheme area by the concerned Housing Committee, in the Official Gazette, for the purposes of this Chapter and shall include any area declared as the slum area under section 4;
4. (d) words and expressions used herein but not defined, shall have their respective meanings as assigned to them in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).

The State Government shall, for the purpose of this Chapter, by order, constitute the Housing Committee or Committees for each district and the composition, and functions and powers and duties of such Housing Committee or Committees, as the case may be, shall be such as may be prescribed.

1. (1) Under any housing scheme, the protected occupier in the scheme area may, after obtaining the permission of the Planning Authority, in the prescribed manner, construct or re-construct a dwelling structure as per the terms and conditions of the housing scheme.
2. (2) Notwithstanding anything contained in this Act or any other law for the time being in force, the Planning Authority may relax, the provisions of the Development Plan or Regional Plan, including the Development Control Rules or Regulations, wherever found necessary in regard to any development or redevelopment under a housing scheme: Provided that, no such relaxation shall be made without first obtaining in writing, the concurrence of the Director, Town Planning, Maharashtra State or an officer authorised by him in this behalf.
3. (3) The Housing Committee may also carry out such other incidental or connected functions and duties as may be assigned to it by the State Government, from time to time, by special or general orders issued in this behalf, not inconsistent with the provisions of this Act.
4. (4) Notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), no development charges or any other fee shall be payable to the Planning Authority under the said Act, for any development undertaken in respect of a housing scheme, as may be notified from time to time, by the State Government under this Act.

Notwithstanding anything contained in this Act, nothing in this Chapter shall apply to the,-

1. (a) Scheduled areas, declared as such by the President of India by an order under paragraph 6 of the Fifth Schedule to the Constitution of India;
2. (b) forest area to which the Forest (Conservation) Act, 1980 (69 of 1980) applies;
3. (c) Coastal Regulation Zone as declared under clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986).
4. (d) Eco-Sensitive Zones of Ecologically Fragile Areas as declared under sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986);
5. (e) Hill Stations as notified by the State Government;
6. (f) Special Tourism Areas, declared as such by the Central or State Government;
7. (g) Lands belonging to the Central Government or any entity thereof unless the same is voluntarily offered for the housing scheme;
8. (h) any slum area which, in the opinion of the State Government or the concerned Housing Committee, is unsuitable for human habitation or to which it would not be in the public interest to apply the provisions of this Chapter.

The authority exercising the powers under sub-section (2) of section 3Z-5 shall furnish to the State Government such reports, returns and other information as the State Government may, from time to time, require.]