Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971
No: 28 Dated: Aug, 11 1971
THE MAHARASHTRA SLUM AREAS (IMPROVEMENT, CLEARANCE AND REDEVELOPMENT) ACT, 1971
ACT No. XXVIII OF 1971
An Act to make better provision for the improvement and clearance of slum areas in the State and their redevelopment and for the protection of occupiers from eviction and distress warrants
Wheres, it is expedient to make better provision for the improvement and clearance of slum areas in the State and for their redevelopment and for the protection of occupiers from eviction and distress warrants; and for matters connected with the purposes aforesaid;
It is hereby enacted in the Twenty-second Year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.
(2) It extends to the whole of the State of Maharashtra.
(3) It shall come into force in such areas and on such date as the State Government may by notification in the Official Gazette appoint; and different dates may be appointed for different areas.
2. Definitions. - In this Act unless the context otherwise requires,-
(a) "Administrator" means -
(i) in Greater Bombay or any part thereof such person not being a person below the rank of a Divisional Commissioner as the State Government may, by notification in the Official Gazette, appoint, and
(ii) elsewhere the Divisional Commissioner;
(a-a) "Appellate Authority" means the Appellate Authority appointed by the State Government under section 35;
(a-b) "approved valuer" means any agency entrusted with the work of valuation of land and buildings constructed or under construction on it, having valid registration and empanelment with any public authority or agency, either of the Central Government or of the State Government;
(b) "building" includes a house, dwelling structure, out house, stable, shed, hut and other enclosure or structure, attached to the earth, whether made of masonry, bricks, wood, mud, metal or any other material whatsoever, whether used as human dwelling or otherwise; and includes verandahs, fixed platforms, plinths, doorsteps, electric meters, walls including compound walls and fencing and the like and also includes structures within community economic activity area adjoining to the building but does not includes plant and machinery, temporary partitions or any other moveable fixtures in a building;
(1b) "Censused Slum" means any cluster of dwelling structures which has been censused, surveyed and enumerated and incorporated in the records of land owning authority as having been censused by the Collector or Competent Authority or any other person of a Planning Authority or Special Planning Authority by order of the State Government or any authority empowered by order of the State Government;
(b-a) "Chief Executive Officer" means a Chief Executive Officer of the Slum Rehabilitation Authority appointed under sub-section (2) of section 3A;
(b-1) "Collector" means the Collector of a district and includes an Additional Collector or any officer specially appointed by the State Government to perform the functions of a Collector under this Act;
(b-2) "community economic activity area" shall means the land within or adjoining to any slum area or any Slum Rehabilitation Area used by the occupant of slum dwellers for traditional occupation (which may include wooden boxes, stalls, washing stones, temporary platform, poles, rassis (ropes), nets, drying area) using traditional community skills for livelihood occupation which shall be recognised through license, permits or sanad, etc., issued by the State Government or any of its public authority or agency;
(c) "Competent Authority" means a person or body appointed to be the Competent Authority under section 3;
(c-a) "developer" means such agency as may be appointed or registered under section 3B by the Chief Executive Officer of the Slum Rehabilitation Authority to implement the Slum Rehabilitation Scheme;
(c-b) "eligible slum dwellers" means the protected occupiers who fulfils such criteria as may be prescribed, by the State Government to be entitled for rehabilitation or relocation;
(c-c) "Grievance Redressal Committee" means the Grievance Redressal Committee constituted under section 35;
(d) "land" includes building and also benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth;
(e) "occupier" includes,-
(i) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable;
(ii) an owner in occupation of, or otherwise using, his land or building;
(iii) a rent-free tenant of any land or building;
(iv) a licensee in occupation of any land or building; and
(v) any person who is liable to pay to the owner damages for the use and occupation of any land or building;
(f) "owner", when used with reference to any building or land, means the person who receives or is entitled to receive the rent of the building or land, if the building or land were let, and includes,-
(i) an agent or trustee who receives such rent on account of the owner;
(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any building or land devoted to religious or charitable purpose;
(iii) a receiver, sequestrator or manager appointed by a court of competent jurisdiction to have the charge of or to exercise the rights of owner of the said building or land, and
(iv) a mortgagee-in-possession; but does not include, a slumlord;
(g) "prescribed" means prescribed by rules made under this Act;
(g-a) "slum area" means any area declared as such by the Competent Authority under sub-section (1) of section 4; and includes any area deemed to be a Slum area under Section 4A
(h) "slum clearance" means clearance of any slum area or Slum Rehabilitation Area by demolition and removal of existing buildings or dwelling structures and eviction of its occupiers therefrom by order of the Competent Authority or Chief Executive Officer, as the case may be;
(h-a) "slumlord" means any person, group of persons, associates or agency or imlamalik by whatever name known and notwithstanding any rights claimed by entries in land records, who illegally remains in possession of any land, whether belonging to the State Government, local authority or public authority or any other person or enters into or creates illegal tenancies or leave and license agreements or any other agreements in respect of such land or, who constructs unauthorized structures thereon for sale or hire or, gives such land to any persons on rental or leave and license basis for construction, use or occupation of unauthorized structures, or who knowingly gives financial aid to any persons for taking illegal possession of such land, or for construction of unauthorized structure thereon, or who collects or attempts to collect from any occupiers of such land rent, compensation or other charges by criminal intimidation, or who evicts or attempts to evict any such occupiers by force without resorting to the lawful procedure, or who abets in any manner the doing of any of the abovementioned things;
(h-b) "Slum Rehabilitation Area" means a Slum Rehabilitation Area, including community economic activity area, declared as such under sub-section (1) of section 3C by the Competent Authority or the Chief Executive Officer, as the case may be, in pursuance of the Slum Rehabilitation Scheme notified under section 3B;
(h-c) "Slum Rehabilitation Authority" means the Slum Rehabilitation Authority or Authorities appointed by the State Government under section 3A;
(h-d) "Slum Rehabilitation Scheme" means the Slum Rehabilitation Scheme notified under Section 3B;
(h-e) "Slum Rehabilitation Work" means the work relating to demolition of any structure or any part thereof in slum area or Slum Rehabilitation Area, and construction of a new building thereon;