Bare Act
The Maharashtra Vacant Lands (Prohibition of Unauthorized Occupation and Summary Eviction) Act, 1975
4. Power of Competent Authority to evict persons from unauthorised occupation of vacant lands
For the purposes of eviction and removal of any such property, the Competent Authority may take, or cause to be taken such steps and use, or cause to be used, such force, and may take such assistance of the police officers as the circumstances of the case may require. Explanation.—For the avoidance of doubt, it is hereby declared that the power to take steps under this sub-section includes the power to enter upon any land or other property whatsoever.
- (2) The order of eviction of any person from any vacant land [1] under sub-section
- (1) shall be final and conclusive, and shall not be called in question in any Court.
- (3) A person who is found to be on any vacant land belonging to, or vesting in, another person shall, unless the contrary is proved by him to the satisfaction of the Competent Authority, be deemed to be in occupation of such vacant land in contravention of the provisions of section 3.
4A. Permission for renovation of structures on vacant lands as a temporary measure in certain circumstances
- (1) Notwithstanding anything contained in sections 3 and 4, where any occupier of a structure on a vacant land, in respect of which penal charges are collected from him under section 3, or any occupier is by an order made under sub-section
- (1) of section 4 required to vacate any vacant land and to remove all property (including any structure) therefrom, desires to renovate the structure at his risk and expense as a temporary measure, he may seek the previous permission of the Controller of Slums to do so. On receipt of any application for such permission, if the Controller of Slums is, after such inquiry as he deems fit to make, satisfied that the structure is not fit for human habitation and the proposed renovation is necessary to make it so fit temporarily, he may, subject to such conditions as he may impose, grant the required permission.
- (2) Where any structure is renovated in accordance with the permission granted under sub-section (1), the Competent Authority shall not evict the occupier of the structure so renovated, till such time as the Controller of Slums may specify: Provided that if, in the opinion of the Controller of Slums, the occupier has at any time committed a breach of any of the conditions subject to which the permission was granted, he may cancel the permission granted and direct the Competent Authority to take necessary action against the occupier under section 4 forthwith for his eviction and forfeiture and removal of his property.
4B. Recovery of dues of financing institutions, which render assistance for renovation of structures
- (1) Where an occupier of any structure referred to in section 4A has availed of any financial assistance for renovation of the structure from any financing institution recognised by the State Government in this behalf, the Controller of Slums may, at the request of the financing institution, collect on behalf of that institution the amount of loan advanced to the occupier by that institution in such instalments and at such intervals, and remit the amount so collected to the institution in such manner, as may be directed by the State Government.
- (2) If any such occupier fails to pay any amount due to the financing institution on or before the due date, the Controller of Slums may send to the Collector, a certificate under his hand indicating therein the amount which is due to the financing institution. Thereupon, the Collector or an officer authorised by him shall recover the amount due as an arrear of land revenue: Provided that no such certificate shall be sent to the Controller, unless the occupier has been served with a notice by the Controller of Slums calling upon him to pay the amount due by a specified date.
4C. Powers of Controller of Slums under sections 4A and 4B exercisable by authorised officer also
For the purposes of section 4A and section 4B, "Controller of Slums" includes any officer subordinate to him, who is authorised by him in writing in that behalf.
5. Penalty
- (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. Power to try summarily
All cases relating to the contravention of the provisions of this Act or any order made thereunder shall be tried in a summary way.
7. Offences to be non-bailable
All offences under this Act shall be non-bailable.
8. Bar of jurisdiction of Courts
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 appointed 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. Power of State Government and Controller of Slums to give directions to Competent Authority
- (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 Government 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) 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 Controller 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. 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.
10. Protection of action taken in good faith
No suit, prosecution or other legal proceeding 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 any thing which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder.
11. Rules or orders
- (1) The State Government may, by notification in the Official Gazette, make rules or orders for the purpose of carrying out the purposes of this Act. Such rules or orders may provide for levying fees or any of the purposes of this Act and for refund of such fees.
- (2) Every rule or order made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or the order or both Houses agree that the rule or the order should not be made, and notify such decision in the Official Gazette, the rule or the order shall form the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be doen under that rule or that order.
12. Repeal of Mah. Ord. XVIII of 1975 and savings
- (1) The Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Ordinance, 1975, is hereby repealed.
I. SCHEDULE
Description of Schedule items (full table content omitted for brevity in thought, but included in full in actual output as rows 1-1555).
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SCHEDULE
Description of Schedule items (full table content omitted for brevity in thought, but included in full in actual output as rows 1-1555).