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The Maharashtra Housing and Area Development Act, 1976 Complete Act

State: Maharashtra

Year: 1976

.....of its functions as it thinks fit. (3) The employees appointed under this Act shall be the employees of the Authority notwithstanding the fact that they are working under any Board 1. The words, brackets and figures "or of the Improvement Committee appointed under sub-section (II)" were deleted, by Mah. 54 of 1977, s. 3(b). 2. These words were substituted by Mah 25 of 1996. s.2, 3 Sub-section (was deleted by Mah 54 of 1977, Section 3(c). (4) Subject to the provisions of this section, the remuneration and other conditions of service of employees appointed by the Authority shall be such as may be determined by regulations Provided that, subject to the provisions of sections 22,23 and 189, the terms and conditions of service applicable immediately before the appointed day to any employee shall not be varied to his disadvantage except with the previous approval of the State Government. (5) The State Government may make rules 1[with effect form such date of it may specify for regulating the mode of recruitment by holding examinations or otherwise, including provision for the absorption or promotion of persons already working under any existing Board or otherwise and.....

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The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 Complete Act

State: Maharashtra

Year: 1971

.....design of such buildings, narrowness or faulty arrangement of streets, lack of ventilation, light or sanitation facilities or combination of these factors, detrimental to the health, safety or convenience of the public of that area, the Competent Authority may, by notification in the Official Gazette, declare such area to be a slum area. Such declaration shall also be published in such other manner (as will give due publicity to the declaration in the area) as may be prescribed.] (2) In determining whether buildings are unfit for human habitation for the purposes of this Act, regard shall be had to the condition thereof in respect of the following matters, that is to say,- (a) repairs; (b) stability; (c) freedom from damp; (d) natural light and air; (e) provision for water-supply (f) provision for drainage and sanitary conveniences; (g) facilities for the disposal of waste water; and the building shall be deemed to be unfit as aforesaid, if and only if, it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. (3) Any person aggrieved by a declaration made under sub'- section (1) may, within thirty days after.....

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Slum Areas (Improvement and Clearance) Act, 1973 Chapter 4

Title: Improvement of Slum Area

State: Karnataka

Year: 1973

.....when such works are completed. Section 7 - Power to execute works of improvement to slum areas and to recover expenses (1) If a notice under sub-section (1) of section 6 is not complied with, then, after the expiration of the time specified in the notice, the prescribed authority may itself execute the works required to be executed by the notice (2) All expenses incurred by the prescribed authority under this section together with interest, at such rate as the Government may, by order, fix from the date when a demand for the expenses is made until payment, may be recovered by the prescribed authority from the owner of the slum area or part thereof or of the building or of the land, on which the building stands, as the case may be, as arrears of land revenue and all such expenses and interest shall constitute a charge upon the slum area or part thereof or the building or the land on which the building stands, as the case may be: Provided that if the owner proves that he,- (a) is receiving the rent merely as agent or trustee for some other person; and (b) has not in his hands on behalf of that other person sufficient money to satisfy the whole demand of the prescribed.....

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Slum Areas (Improvement and Clearance) Act, 1973 Chapter 7

Title: Protection of Tenants in Slum Areas from Eviction

State: Karnataka

Year: 1973

.....permission. (4) In granting or refusing to grant permission under sub-section (3), the prescribed authority shall take into account the following factors, namely:- (a) whether alternative accommodation within the means of the tenant would be available to him if he were evicted; (b) whether the eviction is in the interest of improvement and clearance of the slum area; (c) such other factors, if any, as may be prescribed. (5) Where the prescribed authority refuses to grant the permission, it shall record a brief statement of the reasons for such refusal and furnish a copy thereof to the applicant. Section 29 - Appeal against order refusing permission Any person aggrieved by an order of the prescribed authority refusing to grant the permission under sub-section (4) of section 5 or under sub-section (3) of section 28 may, within such time as may be prescribed, prefer an appeal to the Government and the Government may, after hearing the appellant, decide such appeal and its decision shall be final. Section 30 - Restoration of possession of premises vacated by a tenant (1) Where a tenant in occupation of any building in a slum area vacates any building or is evicted.....

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Slum Areas (Improvement and Clearance) Act, 1973 Section 6

Title: Power of Prescribed Authority to Require Execution of Works of Improvement in Slum Areas

State: Karnataka

Year: 1973

.....bathing places, construction of drains, open or covered, as the case may be, provision of water-borne latrines or removal of rubbish and such works are to be executed outside the building, the notice shall be served upon the owner of the land. (2) In addition to serving a notice under sub-section (1) on the owner concerned, the prescribed authority may serve a copy of the notice on any other person having an interest in the slum area or part thereof or the building or the land on which the building stands, whether as a lessee, mortgagee or otherwise. (3) In determining for the purposes of this Act whether at a reasonable expense the slum area or part thereof can be improved or the building rendered fit for human habitation, regard shall be had to the estimated cost of the works of improvement of the slum area or part thereof or of the works necessary to render the building fit for human habitation and the estimated value that the slum area or part thereof or the building will have when such works are completed.

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Slum Areas (Improvement and Clearance) Act, 1973 Complete Act

Title: Slum Areas (Improvement and Clearance) Act, 1973

State: Karnataka

Year: 1973

.....Appeal Section 60 - Order of demolition of buildings in certain cases Section 61 - Disposal of proceeds of sale of materials of demolished building and recovery of expenses Section 62 - Penalties Section 63 - Offences by companies Section 64 - Prosecution and trial of offences Section 65 - Composition of offences Section 66 - Bar of jurisdiction of civil courts Section 67 - Prescribed authority, etc., to be public servants Section 68 - Protection of action taken in good faith Section 69 - Delegation of powers of Government Section 70 - Act to override other laws Section 71 - Power to make rules Section 72 - Application of the Act to certain pending cases of acquisition Section 73 - Laying of rules and notifications

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Slum Areas (Improvement and Clearance) Act, 1973 Section 31

Title: Rent of Buildings in Slum Areas

State: Karnataka

Year: 1973

.....any such building is let to a tenant other than a tenant who is placed in possession of the building in pursuance of a direction issued under sub-section (4) of section 30, the tenant shall be liable to pay to the owner,- (a) if there is a general law relating to the control of rents in force in the area in which the building is situated and applicable to that building the rent determined in accordance with the provisions of that law or the agreed rent whichever is less; (b) if there is no such law in force in such area, such rent as may be agreed to between the owner and the tenant. (3) Where any such building is let to a tenant in pursuance of a direction issued under sub-section (4) of section 30, the tenant shall, notwithstanding any law relating to the control of rents in force in the area, be liable to pay to the owners,- (a) if any work of improvement has been executed in relation to the building, an annual rent of a sum equivalent to the aggregate of the following amounts, namely,- (i) the annual rent the tenant was paying immediately before he vacated the building for the purpose of execution of the work of improvement; (ii) six per cent of the cost of the.....

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Slum Areas (Improvement and Clearance) Act, 1973 Preamble 1

Title: Karnataka Slum Areas (Improvement and Clearance) Act, 1973

State: Karnataka

Year: 1973

THE 1 [KARNATAKA] SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT, 19732 [ACT, No. 33 of 1974] [1st October, 1974] PREAMBLE An Act to provide for the improvement and clearance of slums in the State of 1 [Karnataka]. WHEREAS the number of slums in certain areas in the State of 1 [Karnataka] is increasing and is a source of danger to public health and sanitation of the said areas; And whereas under the existing law it has not been possible effectively to check the increase, to eliminate congestion and to provide for basic needs such as streets, water-supply and drainage and to clear the slums which are unfit for human habitation; And whereas to obviate this difficulty it is expedient to provide for the removal of un-hygienic and insanitary conditions prevailing in the slums, for better accommodation and improved living conditions for slum dwellers, for the promotion of public health generally and for the acquisition of land for the purpose of improving, developing or redeveloping slum areas, clearance of slums and rehabilitation of slum dwellers; And whereas the Constitution of India enjoins, as a Directive Principle of State Policy that the State should improve public.....

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Bombay Land Improvement Schemes Act, 1942, (Maharashtra) Preamble

Title: the Bombay Land Improvement Schemes Act, 1942

State: Maharashtra

Year: 1942

.....was no provision in the Bombay Land Improvement Schemes Act, 1942, for the rules made thereunder to be laid before the houses, as a matter of practice, such rules were usually sent to the Legislature Secretariat for being laid before the State Legislature. The Committee on Subordinate Legislation had recommended that suitable amendment in the Act may be made to make the usual statutory provision laying of the rules before such House of the State Legislature.- vide Statement of Objects and Reasons.- Mah. 26 of 1977. The Government of Maharashtra had set up a Company called the Maharashtra Land Development Corporation Limited (hereinafter referred to as the M.L.D.C. ) for the purposes of executing and financing land development schemes under the Bombay Land Improvement Schemes Act, 1942, in the commands of the irrigation projects, with the aid of institutional finance. The M.L.D.C. had prepared and forwarded such schemes of the order of Rs. 130 crores to the Agriculture Refinance and Development Corporation (hereinafter referred to as the A.R.D.C. ) for approval and allocation amongst financing institutions. The A.R.D.C. had by then approved schemes involving an outlay of.....

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Bombay Land Improvement Schemes Act, 1942, (Maharashtra) Section 4

Title: Power of Board or Company to Direct Preparation of Land Improvement Scheme and Matters for Which Scheme May Be Prepared

State: Maharashtra

Year: 1942

.....particulars as may be prescribed.] _________________ 1. These words were substituted for the word Board by Mah. 18 of 1973, section 4(3). 2. These words were substituted for the words The Board", ibid., section 4(l)(a). 3. This portion was added by Mah. 18 of 1973, section 4(l)(b). 4. Clause (iii-a) was Inserted, ibid., section 4(l)(c). 5. Clause (viii-a) was inserted by Bom. 7 of 1945, section 4(1), read with Bom. 29 of 1948, section 2. 6. This clause was inserted by Bom. 73 of 1948, section 4. 7. This clause was inserted by Bom. 38 of 1949, section 2. 8. Sub-section (2) was substituted by Bom. 7 of 1945, section 4(iii), read with Bom. of 1948, section 2. 9. These words were substituted for the words "the Board" by Mah. 18 of 1973, section 4(2).

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