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

CHAPTER VI 1[PROTECTION OF OCCUPIERS IN SLUM AREAS FROM EVICTION AND DISTRESS WARRANTS] 22. Proceedings for eviction of occupiers 2[or for issue of distress warrant] not to be taken without permission of Competent Authority.- (1) Notwithstanding anything contained in any other law for the time being in force, no person shall except with the previous permission in writing of the Competent Authority,

1. (a) institute, after commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), any suit or proceeding for obtaining any decree or order for the eviction of an occupier from any building or land 3[in a slum area or for recovery of any arrears of rent or compensation from any such occupier, or for both; or]
2. (b) when any decree or order is obtained in any suit or proceeding instituted before such commencement for the eviction of an occupier from any building or land in such area 4[or for recovery of any arrears of rent or compensation from such occupier, or for both] execute such decree 5[or order; or] 6[(c) apply to any Judge or the Registrar of the Small Cause Court under Chapter VIII of the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Maharashtra, or to any Court of Small Causes under Chapter IV-A of the Provincial Small Cause Courts Act, 1887 (IX of 1887) in its application to the State of Maharashtra, for a distress warrant for arrears of rent against any occupier of a house or premises in a slum area]. 7[(1A) Notwithstanding anything contained in sub-section (1) as in force before the commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Amendment) Act, 1986 (Mah. II of 1887) (hereinafter in this section referred to as "the Amendment Act") or in any other law for the time being in force, no person shall, except with the previous permission in writing of the Competent Authority,-
3. (a) execute any decree or order obtained in any suit or proceeding instituted during the period commencing from the 30th day of September 1985, being the date of the expiry of the Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arrears of Rent) Act, 1980 (Mah. XVI of 1980) and the date of commencement of the Amendment Act, for eviction of an occupier from any building or land in a slum area (which area was earlier purported to be covered by the definition of "vacant land" in clause (f) of section 2 of the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975 (Mah. LXVI of 1975) or for recovery of any arrears of rent or compensation from such occupier, or for both; or
4. (b) apply to any Judge or the Registrar of the Small Cause Court under Chapter VIII of the Presidency Small Cause Courts Act, 1882 (XV of 1882), in its application to the State of Maharashtra, or to any Court of Small Causes under Chapter IV-A of the Provincial Small Cause Courts Act, 1887 (IX of 1887) in its application to the State of Maharashtra, for a distress warrant for arrears of rent against any such occupier of a house or premises in any such slum area.]

1. (2) Every person desiring to obtain the permission referred to in sub-section (1) 8[or (1A)] shall make an application in writing to the Competent Authority in such form and containing such particulars as may be prescribed.
2. (3) On receipt of such application, the Competent Authority, after giving an opportunity to the parties of being heard and after making such summary inquiry into the circumstances of the case as it thinks fit, shall, by order in writing, either grant or refuse to grant such permission.
3. (4) In granting or refusing to grant the permission 9[under clause (a) or (b) of sub-section (1)] 10[or clause (a) of sub-section (1A)] the Competent Authority shall take into account the following factors, namely :-
   • (a) Whether alternative accommodation within the means of the occupier would be available to him, if he were evicted;
   • (b) Whether the eviction is in the interest of improvement and clearance of the slum area; 11[(b-1) whether, having regard to the relevant circumstances of each case, the total amount of arrears of rent or compensation and the period for which it is due and the capacity of the occupier to pay the same, the occupier is ready and willing to pay the whole of the amount of arrears of rent or compensation by reasonable instalments within a stipulated time;]
   • (c) any other factors, if any, as may be prescribed. 12[(4A) (a) In granting or refusing to grant the permission under clause (c) of sub-section (1) 13[or clause (b) of sub-section (1A)] the Competent Authority shall take into account the following factors, namely :-
     • (i) what is the amount of rent and for what period it is due;
     • (ii) whether a notice of demand referred to in the proviso to sub-section (1) of section 53 of the Presidency Small Cause Courts Act, 1882 (XV of 1882) or in the proviso to sub-section (1) of section 27B of the Provincial Small Cause Courts Act, 1887 (IX of 1887), as the case may be, has been duly given to the occupier liable to pay the arrears of rent,
     • (iii) whether the occupier is willing to pay arrears within a stipulated time;
     • (iv) any other factors, if any, as may be prescribed.
   • (b) If, within a period of 14[six months] from the date of receipt of any application for permission under clause (c) of sub-section (1), 15[or clause (b) of sub-section (1A)] the Competent Authority does not refuse to grant the permission, it shall be deemed to have been granted at the expiration of such period.]
4. (5) Where the Competent Authority refuses to grant the permission 16[under any of the clauses of sub-section (1) 17[or (1A)] it shall record a brief statement of the reasons for such refusal, and furnish a copy thereof to the applicant.

Any person aggrieved by an order of the Competent Authority refusing to grant the permission referred to in sub-section (1) 1[or sub-section (1A) of section 22] may, within thirty days of the date of the order, prefer an appeal to the Tribunal, and the decision of the Tribunal shall be final.

1[23-A. Recovery of rent, etc., by criminal intimidation prohibited.- (1) No person shall-

1. (a) collect or attempt to collect from any occupier, referred to in section 22, any rent, compensation or other charges by threatening or causing any injury to his person, reputation or property or to the person or reputation of anyone in whom the occupier is interested;
2. (b) evict or attempt to evict any such occupier by force without resorting to the lawful procedure; or
3. (c) abet in any manner the doing of any of the abovementioned things.

1. (2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both.]

1. (1) Where a tenant in occupation of any building in a slum area vacates any building, or is evicted therefrom, on the ground that it is required for the purpose of re-erection of the building, the tenant may, within such time as may be prescribed, file a declaration with the Competent Authority that he desires to be replaced in occupation of the building after the re-erection of the building.
2. (2) On receipt of such declaration, the Competent Authority shall by order require the owner of the building to furnish to it, within such time as may be prescribed, the plans of the re-erection of the building and an estimate of the cost thereof, and such other particulars as may be necessary; and shall, on the basis of such plans and estimate and particulars, if any, furnished, and having regard to the provisions of sub-section (3) of section 25, and after holding such inquiry as it may think fit, provisionally determine the rent that would be payable by the tenant if he were to be replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1).
3. (3) The rent provisionally determined under sub-section (2) shall be communicated in the prescribed manner to the tenant and the owner.
4. (4) If the tenant after the receipt of such communication intimates in writing to the Competent Authority within such time as may be prescribed that when he is replaced in occupation of the building in pursuance of the declaration made by him under sub-section (1), he would pay to the owner, until the rent is finally determined under section 25, the rent provisionally determined under sub-section (2), the Competent Authority shall direct the owner to place the tenant in occupation of the building after the re-erection of the building [and intimation of such re-erection shall be given in the manner provided in sub-section (5)], and the owner shall be bound to comply with such direction.
5. (5) As soon as the work of carrying out re-erection of the building is nearing completion or is completed, the Competent Authority shall give notice to the tenants concerned by affixing it in some conspicuous part of the building and by sending it by post to the address which may have been registered with the Competent Authority by any tenant and in such other manner as may be determined by the Competent Authority, that the building is likely to be or is ready for occupation from a specified date, and that they should occupy the building so re-erected within a period of one month from such date. If a tenant fails to occupy the building within a period of one month from the specified date, his tenancy or other right in respect of the said building shall, notwithstanding anything contained in any contract or in any law for the time being in force, be deemed to be terminated, and the owner shall be entitled to possession thereof. If such tenant has accepted the temporary accommodation provided by the Competent Authority, he shall have to vacate the same also forthwith; and if he does not vacate, he shall be liable to be evicted therefrom in the manner provided in section 33.

1. (1) Where any building in a slum area is let to a tenant after it has been re-erected, the rent of the building shall be determined in accordance with the provisions of this section.
2. (2) Where any such building is let to a tenant (other than a tenant who is placed in possession of the building in pursuance of a direction made under sub-section (4) of section 24), the tenant shall be liable to pay to the owner,-
   • (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building, the rent determined in accordance with the provisions of that law;
   • (b) if there is no such law in force in such area, such rent as may be agreed upon between the owner and the tenant.
3. (3) Where any such building is let to a tenant in pursuance of a direction made under sub-section (4) of section 24, the tenant shall be liable to pay to the owner an annual rent of a sum equivalent to four per cent. of the aggregate cost of re-erection of the building and the cost of the land on which the building is re-erected, unless the landlord has the standard rent fixed under any law relating to the control of rents, at a higher rate. Where the standard rent per annum is fixed at more than the annual rent aforesaid, the State Government shall pay to the owner such amount of the difference by way of subsidised rent as may be prescribed by rules made in this behalf. Explanation.- For the purposes of this sub-section, the cost of the land shall be deemed to be a sum equivalent to the compensation payable in respect of the land if it were acquired under section 14, on the date of commencement of the re-erection of the building.
4. (4) The rent payable by a tenant in respect of any building under sub-section (3) shall, on an application made by the tenant or the owner, be determined by the authority referred to in sub-section (5) : Provided that, an application for determination of such rent by the owner or the tenant shall not, except for sufficient cause, be entertained by such authority after the expiry of ninety days from the re-erection of the building.
5. (5) The authority to which the application referred to in sub-section (4) shall be made, shall be,-
   • (a) where there is a general law relating to the control of rents in force in the area in which the building is situated the authority to which applications may be made for fixing of rents of buildings situate in that area; and for the purpose of determining the rent under this section that authority may exercise all or any of the powers it has under such general law; and the provisions of such law including provision relating to appeals shall apply accordingly;
   • (b) if there is no such law in force in that area, such authority as may be specified by rules made in this behalf by the State Government, and such rules may provide the procedure that will be followed by that authority in determining the rent 1[or appeals against the decision of such authority, and also for the levy of Court-fees in such applications and appeals].
6. (6) Where the rent is finally determined under this section, then the amount of rent provisionally determined as aforesaid and paid by the tenant shall be adjusted against the rent so finally determined; and if the amount so paid falls short of or is in excess of, the rent finally determined; the tenant shall pay the deficiency, or be entitled to a refund, as the case may be.

Nothing in this Chapter shall apply to, or in relation to, the eviction under any law of a tenant from any building in a slum area belonging to Government, the Nagpur Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936 (C. P. and Berar XXXVI of 1936), or any local authority.