THE MAHARASHTRA VACANT LANDS PROHIBITION OF UNAUTHORISED OCCUPATION AND SUMMARY EVICTION) ACT 1975

An Act to prohibit unauthorised occupation of vacant lands in the urban areas in the

State to provide for summary eviction of persons from such lands and for matters connected therewith

WHEREAS both Houses of the Legislature of the State were not in session;

AND WHEREAS the number of unauthorised occupants on vacant lands in the urban areas in the State was rapidly increasing and was causing grave danger to the public health and sanitation, and peaceful life of the inhabitants of such areas:

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to prohibit unauthorised occupation of vacant lands in the urban areas in the State, and to provide for summary eviction of persons from such lands and for matters connected therewith and, therefore, promulgated the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction Ordinance, 1975, on the 11th day of November 1975;

AND WHEREAS it expedient to replace the said Ordinance by an Act of the State Legislature: It is hereby enacted in the Twenty-sixth Year of the Republic of India as follows:

SECTION 01: SHORT TITLE EXTENT AND COMMENCEMENT

(1) This Act may be called the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975.

(2) It extends to the whole of the State of Maharashtra.

(3) This Act shall, in the first instance, be deemed to have come into force in the Bombay Metropolitan Region on the 11th day of November 1975. The State Government may by notification in the Official Gazette, bring this Act into force in such other urban area or areas in the State on such date or dates as may be specified in the notification.

SECTION 02: DEFINITIONS

In this Act unless the context otherwise requires,

(a) “appointed date” in relation to any urban area, means the date on which this Act comes into force in that area

(b) “Bombay Metropolitan Region” or “Metropolitan Region” as the meaning assigned to it in the Bombay Metropolitan Region Development Authority Act, 1974;

(c) “Competent Authority” means such officer, not below the rank of a Deputy Collector or an Executive Engineer, a Municipal Ward Officer or Chief Officer as the State Government may, by notification in the Official Gazette, appoint for the purposes of this Act; and different officers may be appointed for different areas of the State:

(d) “corporation area” means the Metropolitan Region and an area within the limits of a municipal corporation (other than Greater Bombay) constituted under any law for the time being in force in the State;

(e) “urban area” means any corporation area or the area for the time being included within the limits of any municipal council constituted or deemed to be constituted under any law for the time being in force, and includes such area as the State Government may by notification in the Official Gazette, specify;

(f) “vacant land “ in relation to an urban a moans the vacant lands specified in the Schedule to the Act. The State Government may from time to time by an order in writing amend that Schedule by adding thereto any land sp in the order, and includes—

(a) all lands, whether agricultural or non-agricultural, which are vacant and are not built upon on the appointed date, and

(b) also all lands on which any structure has been or is being constructed otherwise than in accordance with any law regulating the construction of such structure which the Competent Authority may, from lime to time, by an order in writing, specify and declare to be vacant and by announcing it by beat of drum or other suitable means in or in the vicinity of such lands, and the declaration so made shall be deemed to be notice to all those who are occupying such vacant lands that all such lands shall be vacant lands for the purposes of this Act.

SECTION 03: PROHIBITION AGAINST UNAUTHORIZED OCCUPATION OF VACANT LANDS

(1) No person shall, on or after the appointed date, occupy any vacant land or continue in occupation of any vacant land in any urban area or erect any shelter or enclosure or other structure on such land for the purposes of residence or otherwise without the express permission in writing or the Municipal Commissioner in a corporation area, of the Chief officer in a municipal area and elsewhere, of the Collector, or except in accordance with any law for the time being in force in such urban area.

(2) No person shall on or after the appointed date abet any person in occupying any vacant land or in continuing to occupy such land in any urban area, or in erecting any shelter, enclosure or other structure on such land for the purposes of residence or otherwise in contravention of the provisions of sub-section (1), or shall receive or collect from the occupier of such vacant land any amount whether by way of rent, compensation or otherwise or shall in any manner whatsoever operate in relation to the unauthorised occupation of such vacant land.

SECTION 04: POWER COMPETENT AUTHORITY TO EVICT PERSONS FROM UNAUTHORIZED OCCUPATION OF VACANT LANDS

(1) Notwithstanding anything contained in any law for the time being in force, if the Competent Authority, either on application or suo motu has reason to believe that any person is occupying any vacant land in an urban area in contravention of the provisions of section 3, it may by order require such parson to vacate the land forthwith or by certain time intimated to such person, and to remove all property there from, and if such person fails to comply with the order to vacate the land and to remove all therefrom, lie may be summarily evicted from such land by the Competent Authority and any property which may be found thereon may be ordered by the Compatriot Authority to be removed and forfeited to such authority as the State Government may specify. 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 whatsoever

(2) The order of eviction of any person from any vaunt land or removal of all property therefrom and its forfeiture under subsection (I) 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.

SECTION 05: PENALTY

(1) Any person who contravenes the provisions or subsection (1) of section 3 or who fails to comply with my 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 two.

(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 judgment of the Court, such imprisonment shall not be less than six months, and fine shall not be less than five hundred rupees.

SECTION 06: POWER TO TRY SUMMARILY

All cases relating to the contravention of the provisions of this Act or any order or rule made thereunder shall be tried in a summary way.

SECTION 07: OFFENCES TO BE NON-BAILABLE

All offences under this Act shall be non-bailable.

SECTION 08: BAR OF JURISDICTION OF COURTS

No Courts shelf 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 trader 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 Cowl, it shall abate; and it shall be lawful for the Competent Authority to evict such person Dom unauthorised occupation of the vacant land wider the provisions of this Act and to remove and forfeit my property from such land as provided in this Act.

SECTION 09: POWER OF STATE GOVERNMENT TO GIVE DIRECTIONS TO COMPETENT AUTHORITY

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 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.

SECTION 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 arty officer or servant (including members of the police) acting under the orders of such Authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or my rules or orders made thereunder.

SECTION 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 order, may provide for levying fees lot any of the purposes of this Act and for refund of such fees.

(2) Every role 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 my be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid of the session immediately following, both Houses agree in ranking 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 emitted to be done under that rule or that order.

SECTION 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.

(2) Notwithstanding such repeal anything done or any action taken by or under the Ordinance so repealed shall be deemed to have been done or taken under this Act.