The Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arears of Rent) Act, 1980 Complete Act - Bare Act

Act received the President's assent on the 12th August, 1980; and the assent was first published in the Maharashtra Government Gazette, on the 12^th August 19801.

Amended by Mah. 14 of 1981.

Amended by Mah. 14 of 1982.*

Amended by Mah. 30 of 1982+ (31.8.1982).

Amended by Mah 21 of 1983 (5.3.1983).

Amended by Mah. 1 of 1984 ++ (29.9.1983).

An Act to provide for further interim protection to occupiers of vacant lands in the State of Maharashtra from eviction and recovery of arrears of rent or compensation and for matters incidental or connected therewith.

WHEREAS the High Court of Bombay, in Miscellaneous Petition No. 1340 of 1977 (Mrs. Kamal Sukumar Durgule v. State of Maharashtra) and other petitions Nos. 1197 of 1978, 1535 of 1978,141 of 1977 and 895 of 1978,decided on the 8th February 1980, held that the Maharashtra Vacant Lands (Prohibition of Unauthorised Occupation and Summary Eviction) Act, 1975, offended article 14 and other provisions of the Constitution and was null and void;

AND WHEREAS an appeal was filed in the Supreme Court of India and that Court, on the 15th February, 1980, had granted an interim stay on any action on the basis of the judgment and order of the High Court, and the Supreme Court after hearing the concerned parties would pass final order in the matter;

AND WHEREAS in the meanwhile lakhs of occupiers of the vacant lands and structures were likely to be adversely affected, and till the aforesaid final decision was available, they were and would be without any protection from indiscriminate eviction and sudden and heavy claims of arrears of rent or compensation under other laws in force;

AND WHEREAS it was in the circumstances expedient o enact a law to give protection to such occupiers for that interim period;

AND WHEREAS the President had, by Proclamation published with the notification of the Government of India, in the Ministry of Home Affairs No. G.S.R. 46(E) in the Gazette of India, Extraordinary, dated the 17th February, 1980, assumed to himself alItl functions of the Government of the State of Maharashtra and all the powers vested in, or exercisable by, the Governor of that State;

AND WHEREAS by Or4er published with the notification of the Government of India in the Ministry of Home Affairs No. G.S .R. 47(E in the Gazette of India, Extraordinary of the same date, the President had further directed that all the functions of the Government of the State of Maharashtra and all the powers vested in and exercisable by, the Governor of that State under the Constitution which had be on assumed by him by the said Proclamation, shall subject to the superintendence, direction and control of the President, be exercisable also by the Governor of the said State;

AND WHEREAS the power to promulgate Ordinance, is vested in the Governor under article 213 of the Constitution to be exercisable by him while the legislature of the State is not in session:

AND WHEREAS under sub-clause (iv) of clause (c) of the said Proclamation, references in article 2 of the Constitution to the Governor and to the Legislature of, the State or to he Houses thereof were to be construed as references to the President and to Parliament or to the' Houses thereof respectively;

AND WHEREAS Parliament was not in session and, of the circumstances stated above, in exercise of the powers conferred upon him by clause (1) of article 213 of the Constitutions read with Order No. G.S.R. 47 (E) aforesaid, the Governor of Maharashtra promulgated the, Maharashtra Vacant Lands (Interim Protection t. Occupiers from Eviction and Recovery of Arrears of Rent) Ordinance, 1980, on the 6th March, 1980;

AND WHEREAS thereafter Parliament reassembled on the 11th March, 1980 and the said Ordinance would have ceased to operate after the 21st April, 1980;

AND WHEREAS afterwards Parliament was not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate, action to provide for further interim protection to occupiers of vacant lands in the State of Maharashtra from eviction and recovery of arrears of rent or compensation and for matters incidental or co therewith; and, therefore, the Governor of Maharashtra in exercise of the powers conferred upon him ,by clause (1) of article 213 of the Constitution read ˜with Order No.. G.S.R. 47(E) aforesaid, promulgated the Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arrears of 1 Ordinance, 1980, on the 19th April, 1980;by which, interlaid, Maharashtra Ordinance I of 1980 stands repealed;

AND WHEREAS, it is now expedient to replace Maharashtra Ordinance III of ˜1980 by an Act of the State Legislature; It is hereby enacted in the Thirty-first year of the Republic of India as follows

(1) This Act may be called the Maharashtra Vacant Lands (Further ˜Interim Protection to Occupiers from Eviction and Recovery of Arrears of Rent) Act, 1980.

(2) It shall be deemed to have come into force on the 6th March, 1980.

(3) It shall remain in force up to and inclusive of September 1984.

Notwithstanding anything contained in any Law for the time being in force, including the relevant Rent Act and the relevant Small Cause Courts Act, or in any contract, or in any judgment, decree or order of any Court, no person shall, during the period this Act is in force,

(1) institute any suit, appeal, application or proceeding for obtaining any decree or order for recovery of any rent or compensation from, or f the eviction of any person, who was immediately before the 8th February, 1980in. occupation of any land or structure, in any of the areas specified in the Schedule hereto annexed, which was purported to be covered by any part of the definition of "˜vacant land" given in clause (f) of section 2 of the Maharashtra ant Lands (Prohibition of Unauthorized Occupation and Summary Eviction Act, 1975 as it stood before the aforesaid date;.

(2) execute any decree or order, which is obtained by him in any suit, appeal, application or other proceeding instituted before the aforesaid date for recovery of any rent or compensation from, or for the eviction of, any such occupier;

(3) apply for or execute distress warrant for any arrears of rent or compensation against any such occupier.

Explanation:- In this section,-

(a) "relevant Rent Act' means the Bombay Rents, Hotel and Lodging House I Control Act, 1947, or any corresponding law in force in the area concerned;

(b) "relevant Small Cause Act" means the Presidency Small Cause Courts Act, 1882 or the Provincial Small Cause Courts Act, 1887, as the case may be, in its applicable to the State of Maharashtra.

Court shall, during the period this Act is in force, e any suit, appeal, application or other proceeding referred to in section 2, and if any such suit, appeal, application or other proceeding was pending before any Court on the date of commencement of this Act, it shall be stayed and kept pending during the said period.

(1) No person shall collect or attempt to collect from any occupier referred to in section 2, any rent, compensation or other charges by threatening or causing any injury to hi person, reputation or property or to the person of reputation of any one in whom that occupier is interested.

(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) Notwithstanding anything contained in sections 2, 3 and 4, but subject to the provisions of sub section (2),

(a) any suit, appeal, application or other proceedings for obtaining any decree or order for recovery of or collection of, from any such occupier, any rent, compensation, fees, service charges for providing any amenities or execution of any "decree or order, for such recovery, as the case may be by or on behalf of the Central Government; the State Government, a Municipal Corporation or Municipal Council constituted under any law for the time being in force, the Bombay Metropolitan Region Development Authority constituted under the Bombay Metropolitan Region Development Authority Act, 1974; the Authority or the board constituted under the Maharashtra Housing and Area Development Act, 1976, any other statutory corporation, Government company or local authority (hereinafter collectively referred to as "the said authorities") in respect 91 any such land as is referred to in section 2 and belonging to any of the said authorities or any structure thereon, stayed and kept pending by any Court under section 3 for any such recovery shall be proceeded with further from the stage at which they were stayed; and

(b) it shall be, and shall be deemed always to have keen lawful for any of the said authorities to collect or recover or to take such action or appropriate proceedings as may be necessary to collect or recover any sum due, and recoverable from the occupiers of such vacant land or structure as rent, compensation, fees, service charges for providing any amenities, as the case may be; and

(c) any suit, appeal, application or other proceeding in respect thereof, if any, filed after the commencement of the Maharashtra Vacant Lands (Further -Interim Protection to Occupiers from Eviction and Recovery of-Arrears of Rent) (Amendment) Act, 1984 shall be entertained by the Court of competent jurisdiction

Provided that, the provisions of section 5 shall, wherever necessary, apply to any such proceeding.

(2) Having regard to the stay granted by the Supreme Court in Civil Appeal No, 386 (NCM) of 1980, any action taken by the Municipal Corporation of Greater. Bo or the State Government under sub-section (1) shall be without prejudice to the directions contained in the said stay order.

In computing the period of limitation for any proceeding, the time, during which the person concerned was prevented from prosecuting any such proceeding under any provision of this Act, shall, be excluded.

(1) The Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arrears of Rent) Ordinance, 1980, is hereby repealed.

(2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the Ordinance so repeated shall be deemed to have been done or taken under the corresponding provisions of this Act.

SCHEDULE

(See section 2)

(1) The Bombay Metropolitan Region as specified in Schedule Ito the Bombay Metropolitan Region Development Authority Act, 1974.

(2) The area within the limits of the Municipal Corporation of the City of Solapur.

(3) The area within the limits of the Aurangabad Municipal Council and the Aurangabad Notified area.

(4) The area within the limits of the Municipal Corporation of the City of Nagpur.

(5) The area within the limits of the Municipal Corporation of the City of Koihapur.