LexThe Maharashtra Housing and Area Development Act, 1976.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1977 : Mah. XXVIII] 1
THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976
[Text as on 30th September 2025]
____________
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement of Act.
1A. Declaration.
2. Definitions.
CHAPTER II
ESTABLISHMENT OF THE AUTHORITY AND BOARDS
3. Establishment of Authority.
4. Authority to be corporate body and local authority.
5. Non-applicability of Rent Act or any corresponding law.
6. Constitution of Authority.
7. Term of office.
8. Conditions of service of President, Vice-President and non-official members.
9. Resignation of non-official members.
10. Temporary absence of members.
11. Disqualifications of members.
12. Removal of members.
13. Filling of vacancies.
14. Proceedings presumed to be good and valid.
15. Existing Boards to continue until Authority constituted.
Organisation of the Authority.
16. Authorities charged with execution of this Act.
17. President or Vice-President to be Chief Executive Officers.
18. Establishment of Boards.
19. Appointment of employees and conditions of service.
20. Provident fund.
21. Expenses of Authority on staff.
22. Authority to absorb staff of existing Boards.
23. Power of State Government of reduction of remuneration or revision of conditions of
service for securing uniformity.
24. General disqualification of all employees.
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Conduct of Business.
25. Meetings of Authority.
26. Temporary association of persons with Authority for particular purpose.
27. Section 25 and 26 to apply to Meetings of Boards.
CHAPTER III
FUNCTIONS, DUTIES AND POWERS OF THE AUTHORITY AND BOARDS.
28. Functions, duties and powers of Authority.
29. Powers, duties and functions of Boards.
CHAPTER IV
BUDGET, FINANCE, ACCOUNTS AND AUDIT
30. Submission of budget to Authority.
31. Sanction of budget estimates.
32. Submission of approved budget estimates to State Government.
33. Supplementary budget.
34. Authority’s Fund.
35. Deposit of money in fund and operation thereof.
36. Power of Authority to borrow.
37. Application of property, fund, etc.
38. Subvention and loans to Authority.
39. Accounts and audit.
40. Concurrent and special audit of accounts.
CHAPTER V
ACQUISITION OF LAND AND DISPOSAL OF PROPERTY OF THE AUTHORITY
41. Power of State Government to acquire land.
42. Power of State Government to require person in possession of land to surrender or deliver
possession thereof to State Government.
43. Right to receive amount for acquisition.
Lands in Municipal Areas.
44. Basis for determination of amount for acquisition of lands in municipal areas.
45. Apportionment of amount for acquisition.
46. Payment of amount for acquisition or deposit of same in court.
47. Powers of Land Acquisition Officer in relation to determination of amount for
acquisition, etc.
48. Payment of interest.
49. Appointment of Land Acquisition Officer.
Lands in Rural Areas.
50. Basis for determination of amount for acquisition of lands in rural areas and other
procedure.
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Alternative Accommodation.
51. Alternative accommodation to occupiers of residential premises where any acquired
building is to be demolished.
52. Power to purchase or lease by agreement.
Betterment Charges.
53. Betterment charges.
54. Notice to person liable for betterment charges.
55. Agreement for payment of betterment charges.
56. Recovery of betterment charges.
Certain Provisions for Purposes of this Act.
57. Transfer to Authority for purposes of this Act land vested in Municipal Corporation,
Municipal Council or Zilla Parishad.
58. Payment in respect of land vested in Authority.
59. Power of Authority to turn or close public street vested in it.
60. Reference to Tribunal in case of dispute under section 58 or 59.
61. Vesting in Municipal Corporation, Municipal Council or Zilla Parishad of streets laid out or
altered and open space provided by Authority under any proposal, plan or project under this
Act.
62. Disputes regarding reconstitution of plots.
63. Authority to assume management of requisitioned lands.
64. Power to dispose of property.
CHAPTER VI
POWER TO EVICT PERSONS FROM AUTHORITY PREMISES AND TO RECOVER DUES
65. Appointment of Competent Authority.
66. Power to evict certain persons from Authority premises.
67. Power to recover rent, compensation, amount or damages as arrears of land revenue.
68. Rent, compensation or amount to be recovered from deduction from salary or wages in
certain cases.
69. Competent Authority to have powers of civil courts.
70. Appeals.
71. Bar of jurisdiction of civil courts.
72. Penalty for obstructing lawful exercise of powers under this Chapter.
CHAPTER VII
TRIBUNAL
73. Tribunal.
CHAPTER VIII
REPAIRS AND RECONSTRUCTION OF DILAPIDATED BUILDINGS
74. Board for purposes of this Chapter.
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75. Board to exercise powers and perform duties subject to the superintendence, direction and
control of Authority.
76. Duties relating to repairs and reconstruction of dilapidated buildings.
77. Special powers of Board.
78. Penalty for contravening section 77.
79. Power of Board to undertake building repairs, building reconstruction and occupiers
housing and rehabilitation schemes.
79-A. Procedure of redevelopment in case of dangerous buildings declared by Mumbai Municipal
Corporation or competent authority.
80. Where any building is repaired, old building material which is replaced to become property
of Authority in exchange for new material provided, and provision for compensation in
suitable cases.
81. Use of property assigned or entrusted by Government, Municipal Corporation.
Mumbai Building Repairs and Reconstruction Cess.
82. Levy and collection of Mumbai Building Repairs and Reconstruction Cess.
83. Exemption of certain buildings and lands from payment of cess.
84. Assessment book maintained under Corporation Act to contain entries showing categories to
which buildings liable to cess belong and other particulars.
85. Mumbai Corporation to credit cess amount to Government.
86. Mumbai Building Repairs and Reconstruction Fund.
87. Default of Mumbai Corporation in collecting or paying cess.
Structural Repairs.
88. Board to undertake structural repairs to buildings which are in ruinous condition and likely
to deteriorate and fall.
89. Procedure before undertaking structural repairs.
90. Temporary accommodation pending structural repairs.
91. Repairs or reconstruction of buildings which suddenly collapse or become uninhabitable.
91-A. Procedure in case of incomplete or stalled projects.
92. Submission of proposal for acquisition.
93. Clearance and compulsory acquisition.
94. Temporary and alternative accommodation to affected occupiers where property is acquired.
95. Temporary and alternative accommodation to certain affected occupiers where property is
not to be acquired.
95-A. Summary eviction of occupiers in certain cases.
96. Amount of acquisition.
97. Contribution by State Government, Mumbai Corporation and Authority.
98. Disposal of moneys received by the Board.
99. Assistance from Mumbai Corporation.
100. Relaxation or modification of certain provisions of Corporation Act or Regional and Town
Planning Act in case of Board’s reconstruction proposal.
101. Procedure for giving notice and obtaining permission for building to be repaired or
reconstructed by Board.
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102. Saving of powers of other authorities and persons to carry out repairs and reimbursement of
cost for structural repairs in certain cases.
103. Revival of owner’s duty to carry out tenantable repairs.
CHAPTER VIII-A
ACQUISITION OF CESSED PROPERTIES FOR CO-OPERATIVE SOCIETIES OF OCCUPIERS
103A. Application of Chapter VIII-A to certain buildings.
103B. Acquisition of cessed property for co-operative societies of occupiers.
103C. Prohibition on transfer of land or building by society.
103D. Relaxation in requirement of minimum number of membership of co-operative societies
under this chapter.
103E. Non-member occupiers entitled to continue in tenements of co-operative society.
103F. Application of Rent Act to buildings of co-operative society.
103G. Certain occupiers to be accommodated in transit camps.
103H. Application of provisions of section 100.
103I. Reconstruction of new building by co-operative society.
103J. Protections to occupiers or allottees.
103K. Board for purposes of this Chapter.
103L. Overriding effect of Chapter VIII-A.
103M. Power to remove difficulties.
CHAPTER IX
ENVIRONMENTAL IMPROVEMENT OF SLUMS
104. Board for purposes of this Chapter and its duties.
105. Power of Board to entrust improvement works.
106. Use of property assigned or entrusted by Government, Mumbai Corporation, etc.
107. Transfer of improvement works to Board.
108. Declaration of slums improvement area and execution of slum improvement works.
109. Improvement works.
110. Association of members of local bodies with improvement works.
111. Power of Board to require the occupiers to vacate premises.
112. Restriction on buildings in slum improvement area.
113. Orders of demolition of buildings in certain cases.
Recovery of Dues of the Authority.
114. Recovery of service charges.
115. Recovery of dues.
116. Appeal.
Slum Improvement Fund.
117. Separate Slum Improvement Fund.
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118. Contribution by State Government and local authority to Fund.
119. Action taken under Mah. XXIII of 1973 deemed to be taken under this Act.
Establishment of Panchayats in Slum Improvement Areas.
120. Establishment of Panchayat.
121. Incorporation of Panchayat.
122. Constitution of Panchayat.
123. Disqualifications.
124. Term of office of members and their conditions of service.
125. Commencement of term of office.
126. Resignation of office by members.
127. Motion of no-confidence.
128. Meeting of Panchayat and procedure to be followed.
129. Powers of Sarpanch and Upa-Sarpanch.
130. Removal from office.
131. Filling up of vacancies.
132. Vacancy not to affect proceedings of Panchayat.
133. Dissolution or supersession of Panchayat for default.
Functions of the Panchayat, Finance and Control.
134. Duties of Panchayat.
135. Certain services to be provided by local authority and Panchayat to be responsible for
collection and payment of taxes, fees and charges.
136. Use of property assigned or entrusted by Board.
137. Violation of direction under section 112(1).
138. Assistance to Board for carrying out demolition.
139. Contracts.
140. Recovery of compensation, service charges, etc.
141. Panchayat fund.
142. Application of Panchayat fund.
143. Appointment of servants.
144. Budget and accounts.
145. Power to call for proceedings, etc.
146. Power of Chairman or any officer to inspect office of Panchayat.
147. Power of authorised officer or person to inspect and give technical guidance.
148. Audit of accounts of Panchayat.
149. Execution of works in case of emergency.
150. Panchayat to conform to instructions given by Board.
151. Liability of members for loss, waste or misapplication.
152. Entry for purposes of this Chapter.
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Other Powers of the Authority under this Chapter.
153. Powers of inspection.
154. Power to enter land adjoining land where work is in progress.
155. Power to enter any place.
156. Occupier’s or owner’s consent ordinarily to be obtained.
157. Power to remove offensive or dangerous trades from slum improvement areas.
158. Penalties.
159. Cesser of corresponding law.
CHAPTER X
PROVISIONS OF LOANS
160. Advance loans by Authority.
161. Terms and conditions for advancing of loans.
162. Loan Advance Reserve Fund.
163. Money borrowed for advancing loans not to be utilised for other purposes.
163A. Assistance for obtaining loans from banks or finance institutions.
CHAPTER XI
CONTROL
164. Power of State Government to give directions and instructions and to suspend resolutions
and orders.
165. Power of State Government to order inquiries.
166. Reconstitution of Authority or Board.
167. Default in performance of duty.
168. Power to appoint Administrator.
169. Dissolution of Authority.
CHAPTER XII
MISCELLANEOUS
170. Annual and other reports.
171. Other statements and returns.
172. Power of entry.
173. Notice of suit against Authority, etc.
174. Members of Authority or Board or Panchayat, employees of Authority or Panchayat to be
public servants.
175. Protection of action taken in good faith.
176. Power of prosecution.
177. Bar of jurisdiction.
178. Compounding offences.
179. Authority to enforce certain contracts or agreements.
180. Recovery of sums due to existing Board or Authority as arrears of land revenue.
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181. Power to delegate.
182. Penalty for obstruction, etc.
183. Removal of difficulty.
CHAPTER XIII
RULES, REGULATIONS AND BY-LAWS
184. Power to make rules.
185. Power to make regulations.
186. Power to make by-laws.
187. Penalty for contravention of by-laws.
CHAPTER XIV
REPEAL AND SAVINGS
188. Repeal and savings.
189. Consequences of repeal.
190. Mah. XLV of 1963 not to apply to Authority, etc.
191. Amendment of sections 2 and 40 of Mah. XXXVII of 1966.
192. Amendment of Schedule I of Bom. LII of 1956.
193. Deleted.
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
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LIST OF AMENDMENT ACTS
1. Amended by Mah. 54 of 1977
2. Amended by Mah. 29 of 1978
3. Amended by Mah. 21 of 19801 (29-9-1980)
4. Amended by Mah. 13 of 19812 (20-2-1981)
5. Amended by Mah. 38 of 1983 (9-8-1980)
6. Amended by Mah. 4 of 19853 (13-2-1985)
7. Amended by Mah. 15 of 19864 (31-12-1985)
8. Amended by Mah. 21 of 19865 (26-2-1986)
9. Amended by Mah. 45 of 1986 (19-12-1986)
10. Amended by Mah. 12 of 19896 (2-2-1989)
11. Amended by Mah. 12 of 1992 (11-5-1992)
12. Amended by Mah. 22 of 19927 (22-7-1992)
13. Amended by Mah. 11 of 19938, 9 (5-11-1992)
14. Amended by Mah. 30 of 1994 (1-4-1994)
15. Amended by Mah. 42 of 199410 (20-9-1994)
16. Amended by Mah. 48 of 1994 (8-12-1994)
17. Amended by Mah. 25 of 1996 (4-9-1996)
18. Amended by Mah. 46 of 1997 (29-10-1997)
19. Amended by Mah. 16 of 1998 (15-5-1998)
20. Amended by Mah. 23 of 200011 (1-2-2000)
1 Maharashtra Ordinance No. IX of 1980 was repealed by Mah. 21 of 1980, s. 7.
2 Maharashtra Ordinance No. II of 1981 was repealed by Mah. 13 of 1981, s. 3.
3 Maharashtra Ordinance No. II of 1985 was repealed by Mah. 4 of 1985, s. 5.
4 Maharashtra Ordinance No. XIV of 1985 was repealed by Mah. 15 of 1986, s. 3.
5 Maharashtra Ordinance No. I of 1986 was repealed by Mah. 21 of 1986, s. 7.
6 Maharashtra Ordinance No. II of 1989 was repealed by Mah. 12 of 1989, s. 18.
7 Maharashtra Ordinance No. VIII of 1992 was repealed by Mah. 22 of 1992, s. 3.
8 Maharashtra Ordinance No. I of 1993 was repealed by Mah. 11 of 1993, s. 8.
9 Sec.7 of Mah. 11 of 1993 reads as follows :—
“7. Power to remove difficulties. - If, any difficulty arises in giving effect to the provisions of this Act, the State
Government may as occasion arises, by order do anything n ot inconsistent with such provisions, which appear to it to be
necessary or expedient for the purposes of removing the difficulty :
Provided that no such order shall be made after the expiry of a period of two years commencing from the
5th November 1992.”.
10 Maharashtra Ordinance No. XIII of 1994 was repealed by Mah 42 of 1994, s. 3.
11 Maharashtra Ordinance No. VI of 2000 was repealed by Mah. 23 of 2000, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
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21. Amended by Mah. 23 of 2002 (9-5-2002)
22. Amended by Mah. 6 of 20051 (29-3-2004)
23. Amended by Mah. 31 of 20082 (29-8-2008)
24. Amended by Mah. 48 of 2022 (2-12-2022)
1 Maharashtra Ordinance No. XXI of 2004 was repealed by Mah. 6 of 2005, s. 3.
2 Maharashtra Ordinance No. VI of 2008 was repealed by Mah. 31 of 2008, s. 3.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
1977 : Mah. XXVIII] The Maharashtra Housing and Area 11
Development Act, 1976
MAHARASHTRA ACT NO. XXVIII OF 19771
[THE MAHARASHTRA HOUSING AND AREA DEVELOPMENT ACT, 1976.]
[This Act received the assent of the President on the 25th day of April 1977; assent was first published
in the Maharashtra Government Gazette, Part IV on the 9th day of May 1977.]
An Act to unify, consolidate and amend the laws relating to housing, repairing and
reconstructing dangerous buildings and carrying out improvement works in slum areas.
2[WHEREAS on account of the rapid growth of industries in the urban areas and the fast growth
of population and commercial activities in such areas, the nee d of housing accommodation could not
be met by the limited house construction activities in the private sector ;
AND WHEREAS in the urban areas and particularly in the 3[Brihan Mumbai] area the old
buildings which have outlived their lives and rendered themselves in a bad state of repairs and
presented a dangerous possibility of collapse, necessity was increasingly felt to take up the programme
of repairs and reconstructions of such buildings;
AND WHEREAS due to acute shortage of accommodation in the ur ban areas slums have come
up which necessitated taking up improvement works in slum areas ;
AND WHEREAS the magnitude of the housing programme for constructions of new houses
throughout the State and the task of repairs and reconstruction of old and dilap idated buildings and
improvement of slums in the urban areas is so, great that it is necessary for the State Government to
intervene and take effective steps including acquisition of lands and buildings for carrying out housing,
repairs, construction and r econstruction programmes over or in such lands and buildings and
transferring ownership and control thereof to needy persons so as to bring about an equitable
distribution of ownership and control in houses in such lands and buildings to subserve the commo n
good ;]
4[AND WHEREAS] there are at present various corporate and statutory bodies in the State which
have been established, for dealing with the problem of housing accommodation, for repairing and
reconstructing buildings in a bad state of disrepair an d presenting a dangerous possibility of collapse,
for carrying out improvemental works in slum areas, and for advancing loans for construction of
houses ;
AND WHEREAS the programmes undertaken by these bodies are more or less complementary
and there is considerable overlapping in their working or functioning ;
AND WHEREAS it is considered necessary and expedient to co -ordinate the housing
programmes with an orderly development of urban areas in the State ;
AND WHEREAS with a view to integrating the act ivities of these bodies so as to provide for a
more comprehensive and co -ordinated approach to the entire problem of housing development, and
planning and development of certain areas in a balanced manner, with sufficient attention to ecology,
pollution, over-crowding and amenities required for leading a wholesome civic life, it is expedient to
establish a single Corporate Authority for the whole State and establish new Boards for certain areas of
the State to carry out the plans and programmes of such Authority for the purposes aforesaid, to replace
the existing Boards by the new Boards aforesaid and to provide for matters connected with the
purposes aforesaid; It is hereby enacted in the Twenty -seventh Year of the Republic of India
as follows :—
1 For Statement of Objects and Reasons, of the L. A. Bill no. LVIII of 1976, see Maharashtra Government Gazette, 1976,
Part V, Extraordinary no. 74 , dated 26 th July 1976, at pages 581 -587; for Joint Committee Report, see Maharashtra
Government Gazette, Part V, Extraordinary, dated 6th December 1976, at pages 683-764.
2 These paragraphs were inserted by Mah. 21 of 1986, notwithstanding anything contained in any Judgement, decree or
order of any Court, and shall be deemed always to have been, inserted by s. 2(a) thereof.
3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, sch. (3).
4 These words were substituted for the word ‘WHEREAS’ by Mah. 21 of 1986.
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CHAPTER I
PRELIMINARY
1. Short title, extent and commencement of Act. 1[***].— (1) This Act may be called the
Maharashtra Housing and Area Development Act, 1976.
(2) 2[Chapter VII and Chapter VIII -A extend] only to 3[Brihan Mumbai], and the rest of the Act
extends to the whole State of Maharashtra including 4[Brihan Mumbai].
(3) This Act shall come into force in such area, from such date5, as the State Government may, by
notification in the Official Gazette, appoint; and different dates may be appointed for different
provisions of this Act for different areas.
(4) 6[* * * * * *]
7[1A. Declaration.— It is hereby declared that this Act is for giving effect to the policy of the
State towards securing the principle specified in clause (b) of article 39 of the Constitution of India and
the execution of the proposals, plans or projects therefor and the acquisition therefor of the lands and
buildings and transferring the lands, buildings or tenements therein to the nee dy persons and the
co-operative societies of occupiers of such lands or buildings.]
2. Definitions.— In this Act, unless the context requires otherwise,—
(1) “amenity” includes road, bridge, any other means of communication, transport, supply
of water and electricity, any other source of energy, street lighting, drainage, sewerage,
educational and welfare projects, markets and conservancy, and any convenience which the State
Government may, in consultation with the Authority, from time to time by notification in the
Official Gazette, specify to be an amenity required for leading a wholesome civic life for the
purposes of this Act ;
(2) “appointed day” means th e day on which the Authority is duly constituted under
section 6 ;
(3) “Authority” means the Maharashtra Housing and Area Development Authority established
under section 3 ;
(4) “Authority premises” means any premises belonging to, or vesting in, the Au thority, or
taken on lease by the Authority, or entrusted to, or placed at the disposal of, the Authority for
management and use for the purposes of this Act.
Explanation.— In this clause “Authority premises” includes any premises taken by persons
from th e Authority under hire -purchase agreement, during the period any payments are to be
made by such person to the Authority under such agreement or until such agreement is duly
terminated ;
(5) “betterment charges” means charges payable under section 53 ;
(6) “Board” means a Board established under section 18 ;
(7) “Building” for the purposes of Chapter VIII, means building in respect of which the cess
is levied under that Chapter and includes a tenement let or intended to be let or occupied
separately and a house, out-house, stable, shed, hut and every other such structure but does not
include any such building or structure which as a whole is unauthorised or any building which is
1 The words and figures “and duration of Chapter VIII” were deleted by Mah. 21 of 1986, s. 3(c).
2 These words and figures were substituted for the words and figures “Chapter VIII extends” by Mah. 21 of 1986, s. 3(a).
3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, Schedule.
4 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, Schedule.
5 The whole of the State of Maharashtra with effect from the 5 th December 1977, vide G.N., P.W. and H.D., No. MHA.
1077/(3)/Desk-44, dated the 3rd December 1977.
6 Sub-section (4) was deleted by Mah. 21 of 1986, s. 3(b).
7 Section (1A) was inserted by Mah. 21 of 1986, s. 4.
1977 : Mah. XXVIII] The Maharashtra Housing and Area 13
Development Act, 1976
a temporary building as defined in clause ( sb) of section 3 of 1[the Mumbai Mun icipal
Corporation Act (Bom. III of 1888)];
(8) “bye-laws” means bye-laws made under section 186 ;
(9) “cess” means a tax on lands and buildings levied or leviable under Chapter VIII of
this Act ;
(10) “Chairman” and “Vice -Chairman” means the Chairman a nd the Vice -Chairman,
respectively of a Board ;
(11) “Competent Authority” means an officer appointed to be the Competent Authority
under section 65 ;
(12) “co-operative society” means a co-operative housing society registered or deemed to be
registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) ;
(13) “development”, with its grammatical variations, means the carrying o ut of building,
engineering, mining or other operations in, or over, or under, any land (including land under sea,
creek, river, lake or any other water) or the making of any material change in any building or
land, and includes re -development and layout and sub-division of any land, also the provision of
amenities and “to develop” shall be constructed accordingly ;
(14) “existing Board” means,—
(i) the Maharashtra Housing Board constituted under the Bombay Housing Board
Act, 1948 (Bom. LXIX of 1948),
(ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing
Board Act, 1950 (M.P. XLIII of 1950),
(iii) the Bombay Building Repairs and Reconstruction Board constituted under the
Bombay Building Repairs and Reconstruction Board Act,1969 (Mah. XLVII of 1969),
(iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra
Slum Improvement Board Act, 1973 (Mah. XXIII of 1973),
(v) 2[* * * * *]
functioning in the State or any part thereof immediately before the appointed day ;
(15) “fund of the Authority” means the fund of the Authority referred to in section 34 ;
(16) “land” includes open sites and land which is being built upon or is already built upon,
benefits to arise out of land and things attached to the earth or permanently fastened to anything
attached to the earth; and also include land under sea, creek, river, lake or any other water ;
(17) “Land Acquisition Officer” means an officer appointed as such under section 49 of
this Act ;
(18) “member”—
(i) in relation to the Authority, means a member of the Authority including the
President and the Vice-President thereof,
(ii) in relation to a Board, means a member of the Board including the Chairman and
the Vice-Chairman thereof,
(iii) in relation to a Panchayat, means a member of a Panchayat including the
Sarpanch and Upa-Sarpanch thereof ;
(19) “Metropolitan Act” means 3[the Mumbai Metropolitan Region Development Authority
Act, 1974 (Mah. IV of 1975)] ;
1 These words were substituted for the words “the Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Sch.,
para (3).
2 Paragraph (v) was deleted by Mah. 54 of 1977, s. 2.
3 These words and figures were substituted for the words and figures “the Bombay Metropolitan Region Development
Authority Act, 1974” by Mah. 25 of 1996, s. 2, Sch., para (3).
14 The Maharashtra Housing and Area [1977 : Mah. XXVIII
Development Act, 1976
(20) “Metropolitan Authority” means 1[the Mumbai Metropolitan Region Development
Authority] established under the Metropolitan Act ;
(21) “Metropolitan Region” has the meaning assigned to it in the Metropolitan Act ;
(22) “Municipal Commissioner” means the Municipal Commissioner of a Municipal
Corporation ;
(23) “Municipal Corporation” means a Municipal Corporation established or constituted
under any law for the time being in force in the State ;
(24) “Municipal Council” means a Municipal Council established under 2the Maharashtra
Municipal Councils Act, 1965 (Mah. XL of 1965) ;
(25) “occupier” includes—
(a) 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 ;
(b) an owner in occupation of, or otherwise using, his land, or building ;
(c) a rent-free tenant of any land or building ;
(d) a licensee in occupation of any land or building ; and
(e) any person who is liable to pay to the owner damages for the use and occu pation of
any land or building ;
(26) “owner”, when used with reference to any building or land or a part thereof, let or
intended to be let or occupied separately, means the person who receives the rent of such building
or land or a part thereof, or who will be entitled to receive the rent thereof if the building or land
or a part thereof were let and includes—
(a) an agent or trustee who receives such rent on account of the owner,
(b) an agent or trustee, who receives the rent of, or is entrusted with, or concerned for,
any building, land or part thereof devoted to religious or charitable purposes, or
(c) a receiver, sequestrator, or manager appointed by any court of competent
jurisdiction to have the charge of or to exercise the rights of an owner of the said building,
land or part thereof,
(d) a mortgagee in possession ;
(27) “premises” means any land or building, or part of a building, whether authorises or
otherwise, and includes—
(a) gardens, grounds and out -houses, if any, appertaining to such building or part of a
building ;
(b) any fitting affixed to such building or part of a building for the more beneficial
enjoyment thereof ; and
(c) building or a part of building let or intended to be let or occupied separately ;
(28) “prescribed” means prescribed by rules ;
(29) “President” and “Vice-President” means the President and Vice-President, respectively,
of the Authority ;
(30) “rateable value”, in relation to a building in any area, has the meaning assigned to it in
the relevant municipal law in force in such area ;
1 These words were substituted for the words “the Bombay Metropolitan Region Development Authority” by M ah. 25 of
1996, s. 2, Sch. para (3).
2 Short title of this Act has seen substituted as “the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, vide Mah. 41 of 1994, s. 107.
1977 : Mah. XXVIII] The Maharashtra Housing and Area 15
Development Act, 1976
(31) “regulations”, means regulations made under section 185 ;
(32) “relevant municipal law” means—
(a) 1[the Mumbai Municipal Corporation Act (Bom. III of 1888),]
(b) 2the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949).
(c) the City of Nagpur Corporation Act, 1948 (C. P. and Berar Act II of 1950) ;
(d) 3the Maharashtra Municipal Councils Act, 1965 (Mah. XL of 1965) ;
(33) “Rent Act” means the Bombay Rents, Hotels and Lodging House Rates Control Act,
1947 (Bom. LVII of 1947) ;
(34) “rules” means rules made by the State Government under section 184 ;
(35) “Slum improvement area” means any area declared as such by a Board under sub -
section (1) of section 108 ;
(36) “structural repairs” for the purposes of Chapter VIII means repairs or replacement of
decayed, cracked, or out of plumb structural components of common access, such as, staircases,
passages, water closets or privies by new ones of the like material or materials, or of different
material or materials including change in the mo de of construction like converting load bearing
wall type or timber framed structure to an R.C.C. one, or a combination of both, which repairs or
replacement in the opinion of the Board, if not carried out expeditiously, may result in the
collapse of the b uilding or any such part thereof ; and “structural repairs” includes repairs and
replacement of all items which are required to be repaired or replaced as a consequence of the
repairs or replacement aforesaid which are carried out or to be carried out, and also repairs and
replacement of the roof (but not replacement of the tiles only) and of the drain pipes (including
house gallies) fixed to the building, which, if not repaired or replaced simultaneously with
structural repairs would cause further damage t o the building. When such repairs to any building
or any part thereof are carried out by the Board the building shall be deemed to be structurally
repaired under this Act ;
(37) “Town Planning Act” means the Maharashtra Regional and Town Planning Act, 196 6
(Mah. XXXVII of 1966) ;
(38) “Tribunal” means the Tribunal constituted under section 73 ;
(39) “year” means a year commencing on the first day of April ;
(41) “ Zilla Parishad ” means a Zilla Parishad established under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).
CHAPTER II
ESTABLISHMENT OF THE AUTHORITY AND BOARDS
3. Establishment of Authority. — The State Government shall, by notification in the Official
Gazette, establish for securing the objectives and purposes of this Act, an Authority to be called the
Maharashtra Housing and Area Development Authority for the areas in which this Act may be brought
into force, from time to time.
4. Authority to be corporate body and local authority. — (1) The Authority shall be a body
corporate having perpetual succession and a common seal and may sue or be sued in its corporate name
and shall be competent to acquire and hold property, both moveable and immoveable, and to contract
and do all things, necessary for the purposes of this Act.
1 These words were substituted for the words “the Bo mbay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Sch.
para (3).
2 Short title of this Act has been substituted as “the Maharashtra Provincial Municipal Corporation Act” by Mah. 23 of
2012, s. 4.
3 Short title of this Act has been substituted as “ the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, vide Mah. 41 of 1994, s. 107.
16 The Maharashtra Housing and Area [1977 : Mah. XXVIII
Development Act, 1976
(2) The Authority shall be deemed to be a local authority for the purposes of this Act.
5. Non -applicability of Rent Act or any corresponding law. — The Rent Act or any law
corresponding thereto for the time being in force in any area to which this Act extends,—
(a) shall not apply to any land or building belonging to, or vesting in, the Authority under
or for the purpose of this Act ;
(b) shall not apply as against the Authority to any tenancy, license or other like
relationship created by any existing Board or the Authority in respect of any such land or
building;
(c) but shall apply to any land or building let, or given on license, to any existing Board or
the Authority.
6. Constitution of Authority. — (1) The Authority sha ll consist of a President, a Vice -
President and seven other members—all appointed by the State Government.
(2) The President may be either a full-time President or part-time President. If the President is
a part-time President then the State Government shall appoint a full-time Vice-President. The President
and Vice-President shall be persons who, in the opinion of the State Government, have administrative
and management experience necessary for conducting and managing the affairs of the Authority under
this Act. The Authority shall consist of the following other members, namely :—
(a) two official members who, in the opinion of the State Government, have special
knowledge of, or practical experience in, public administration, finance, structural e ngineering,
architecture, town and country planning or public housing ;
(b) five non-official members, of whom one shall be a representative of the employees of
the Authority.
(3) The names of the President, Vice -President and other members appointed under this
section shall be published in the Official Gazette, and upon such publication, the Authority shall be
deemed to be duly constituted.
7. Term of office. — The President, Vi ce-President and every non -official member shall,
subject to the provisions of this Act, hold office for a period of three years from the date of publication
of his appointment in the Official Gazette :
Provided that, the State Government may, by a notifi cation in the Official Gazette, extend the
said period by a further period not exceeding one year as may be specified in the notification :
Provided further that, after the expiry of the period or extended period of his appointment, a
person shall, unless disqualified, be eligible for re -appointment as the President, the Vice -President or
such member, so, however, that he does not hold office for a period of more than seven years in the
aggregate.
8. Conditions of service of President, Vice -President and non-official members. — (1)
Remuneration and other conditions of service of the President and Vice-President who is a non-official
shall be such as the State Government may by order determine.
(2) Every non -official member shall receive such allowances for the purpose of meeting
personal expenditure incurred in attending the meetings of the Authority or for attending to any other
business of the Authority as such member, as the State Government may by order determine.
(3) The remuneration of the Presi dent, Vice-President and the allowances to the non -official
members shall be paid from the fund of the Authority.
(4) Notwithstanding anything contained in this Act, if a member of the State Legislative is
appointed as a member of the Authority (includi ng the President or the Vice -President thereof), he
shall not be entitled to receive any remuneration other than travelling allowance, daily allowance or
such other allowance which is paid to a member of the Authority for the purpose of meeting the
personal expenditure incurred in attending the meeting of the Authority or in performing any other
functions as such member.
1977 : Mah. XXVIII] The Maharashtra Housing and Area 17
Development Act, 1976
9. Resignation of non -official members.— The President, Vice-President or any non -official
member may at any time resign his office by w riting under his hand addressed to the State
Government, and upon the acceptance thereof, the office of the member shall become vacant.
10. Temporary absence of members. — If any member is by infirmity or otherwise rendered
temporarily incapable of carryi ng out his duties as a member or is absent on leave or otherwise, not
involving the vacation of his appointment, the State Government may appoint another person to
officiate for him and carry out his functions under this Act or any rules or regulations made thereunder.
11. Disqualification of members.— (1) Subject to the provisions of this section, a person shall
be disqualified for being appointed or continuing as the President, the Vice -President or the non -
official member of the Authority, if he —
(a) holds any office of profit under the Authority,
(b) is of unsound mind, and stands so declared by a competent court,
(c) is an uncertificated bankrupt or an undischarged insolvent,
(d) has directly or indirectly by himself or by any partner, any share or interest in any
contract or employment with, by or on behalf, of the Authority,
(e) is a Director or a Secretary, Manager or other salaried officer of any incorporated
company which has any share or interest in any contract or employment with, by or on behalf of,
the Authority, or
(f) has been or is convicted of any offence involving moral turpitude.
(2) A person shall not be disqualified under clause ( a) of sub -section ( 1), by reason only of
being a President or a Vice -President, and, in the case of a representative of the employees by reason
only of being an employee of the Authority.
(3) A person shall not, however, be disqualified under clause ( d) or (e) of sub-section (1), or be
deemed to have any share or interest in any contract or employment wit hin the meaning of these
clauses, by reason only of his, or the incorporated company of which he is a Director, Secretary,
Manager or other salaried officer having a share or interest in any newspaper in which any
advertisement relating to the affairs of the Authority is inserted.
(4) A person shall not also be disqualified under clause ( d) or ( e) of sub -section ( 1) or be
deemed to have any share or interest in any incorporated company which has any share or interest in
any contract or employment with, by or on behalf of, the Authority, by reason only of his being a
shareholder of such company ;
Provided that, such person discloses to the State Government the nature and extent of the shares
held by him.
12. Removal of members. — (1) The State Government may, by notification in the Official
Gazette, remove from office the President, Vice-President or any non-official member who —
(a) is, or has become, subject to any of the disqualifications mentioned in section 11; or
(b) in the opinion of the State Government, has been guilty of any misconduct whether
before or after the appointment or neglect, or has so abused his position as to render his
continuance as member detrimental to the interests of the Authority or of the general public, or is
otherwise unfit to continue as member ; or
(c) is absent without permission of the Authority for two consecutive meetings of the
Authority :
Provided that, no person shall be so removed from office unless he has been given an
opportunity to show cause against his removal.
(2) Notwithstanding anything contained in section 7 or other provisions of this Act, the
President, the Vice -President and other members shall hold office during the pleasure of the State
18 The Maharashtra Housing and Area [1977 : Mah. XXVIII
Development Act, 1976
Government; and the State Government, if it appears to it to be necessary or expedient so to do in the
public interest, may by order remove all or any of them from office at any time.
13. Filling of vacancies. — (1) In the event of a vacancy in the office of any member, the
vacancy may be filled by the State Gov ernment, and the person so appointed shall hold office so long
only as the member in whose place he is appointed would have held office.
(2) A vacancy of a member shall be filled as early as practicable :
Provided that, during any such vacancy, the continuing members may act as if no vacancy had
occurred.
14. Proceedings presumed to be good and valid. — No disqualification of, or defect in, the
appointment or continuation of any person acting as a member of the Authority shall be deemed to
vitiate any act or proceeding of the Authority, if such act or proceeding is otherwise in accordance with
the provisions of this Act.
15. Existing Boards to continue until Authority constituted. — Until the Authority is duly
constituted under section 6, the existing B oard shall continue to function in the area of its jurisdiction
and fields of activity; and on the constitution of the Authority, the existing Board shall stand dissolved
and members including the office bearers thereof shall vacate their office.
Organisation of the Authority.
16. Authorities charged with execution of this Act. — (1) The authorities charged with
carrying out the provisions of this Act are —
(a) the Authority,
(b) the President and the Vice-President of the Authority,
(c) the Boards,
(d) the Chairman and the Vice-Chairman Excerpt shown. Open the full act in Lexace.