Bare Act Search Results

The Maharashtra Vacant Lands Prohibition of Unauthorised Occupation and Summary Eviction) Act 1975 Complete Act

State: Maharashtra

Year: 1975

.....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.....

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

State: Maharashtra

Year: 1980

..... THE MAHARASHTRA VACANT LANDS (FURTHER INTERIM PROTECTION TO OCCUPIERS FROM EVICTION AND RECOVERY OF AREARSOF RENT) ACT, 1980 MAHARASHTRA ACT No. XVI OF 1980 Act received the President's assent on the 12th August, 1980; and the assent was first published in the Maharashtra Government Gazette, on the 12th 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.....

Urban Land (Ceiling and Regulation) Act, 1976 [Repealed] Chapter III

Title: Ceiling on Vacant Land

State: Central

Year: 1976

.....vacant land in excess of the ceiling limit at such commencement" had been substituted. Explanation.--In this section, "commencement of this Act" means,-- (i) the date on which this Act comes into force in any State; (ii) where any land, not being vacant land, situated in a State in which this Act is in force he become vacant land by any reason whatsoever, the date on which such land becomes vacant land; (iii) where any notification has been issued under clause (n) of section 2 in respect of any area in a State in which this Act is in force; the date of publication of such notification. (2) If the competent authority is of opinion that-- (a) in any State to which this Act applies in the first instance, any person held on or after the 17th day of February, 1975 and before the commencement of this Act or holds at such commencement or (b) in any State which adopts this Act under clause (1) of Article 252 of the Constitution, any person holds at the commencement of this Act. vacant land in excess of the ceiling limit, then, notwithstanding anything contained in sub-section (1), may serve a notice upon such person requiring him to file, within such period as may.....

Urban Land (Ceiling and Regulation) Act, 1976 [Repealed] Section 5

Title: Transfer of Vacant Land

State: Central

Year: 1976

.....(1), the transfer of the excess vacant land so selected shall be deemed to be null and void. (3) In any State to which this Act applies in the first instance and in any State which adopts this Act under clause (1) of Article 252 of the Constitution, no person holding vacant land in excess of the ceiling limit immediately before the commencement of this Act shall transfer any such land or part thereof by way of sale, mortgage, gift, lease or otherwise until he has furnished a statement under section 6 and a notification regarding the excess vacant land held by him has been published under sub-section (1) of section 10; and any such transfer made in contravention of this provision shall be deemed to be null and void.

Urban Land (Ceiling and Regulation) Act, 1976 [Repealed] Section 11

Title: Payment of Amount for Vacant Land Acquired

State: Central

Year: 1976

.....in an urban agglomeration, the utility of the land in that urban agglomeration for the orderly urban development thereof and such other relevant factors as the circumstances of the case may require; and (b) fix, subject to the maximum rates specified in that clause, the rate per square metre of vacant land in each zone, having regard to the availability of vacant land in the zone, the trend of price rise of vacant land over a period of twenty years in the zone before the commencement of this Act, the amount invested by the Government for the development of the zone, the existing use of vacant land in the zone and such other relevant factors as the circumstances of the case may require. (4) Different rates may he fixed under clause (b) of sub-section (3) for vacant lands situated in different zones within each urban agglomeration. (5) Notwithstanding anything contained in sub-section (1) where any vacant land which is deemed to have been acquired under sub-section (3) of section 10 is held by any person under a grant, lease or other tenure from the Central Government or any State Government and-- (i) the terms of such grant, lease or other tenure do not provide for.....

Bombay Land Requisition Act, 1948, (Maharashtra) Section 6

Title: Requisition of Vacant Premises

State: Maharashtra

Year: 1948

.....consideration.- M/s. Shah & Co., Bombay v. The State of Maharashtra, AIR 1967 SC 1877 : 1968 Mah. L.J. 395 : 1968 Bom. L.R. 119. Requisition order.- Under section 6(4)(a) it is necessary that the requisition order should be made for the purpose of the State or for other public purpose and if the order does not do so, it is bad.- State v. Mohanlal Kapur, AIR 1952 Bom. 404 : 53 Bom. L.R. 669. Requisitioning premises for housing a member of the staff of a foreign Consulate.- Legislative competence of the State Legislature is restricted to passing a Requisition Act only for the purposes of the State. The State Government cannot requisition property for a purpose which is not a purpose of the State.- Ali Gulshan v. State, AIR 1953 Bom. 337 : 55 Bom. L.R. 308. Requisition of flat.- Government cannot continue requisition for indefinate period.- H. D. Vora v. State of Maharashtra, 1984 (2) Bom. C.R. 239 : 1984 Mah. L.R. 418. Purpose of requisition.- Land must be used for purpose for which it was requisitioned. If requisition is not for public purpose then landlord can challenge the question of public purpose.- State of Maharashtra v. Ibrahim, 1979 Mah. L.J. 486. .....

Urban Land (Ceiling and Regulation) Act, 1976 [Repealed] Section 10

Title: Acquisition of Vacant and in Excess of Ceiling Limit

State: Central

Year: 1976

.....by the State Government in this behalf within thirty days of the service of the notice. (6) If any person refuses or fails to comply with an order made under sub-section (5), the competent authority may take possession of the vacant land or cause it to be given to the concerned State Government or to any person duly authorised by such State Government in this behalf and may for that purpose use such force as may be necessary. Explanation.--In this section, in sub-section (1) of section 11 and in sections 14 and 23, "State Government", in relation to-- (a) any vacant land owned by the Central Government, means the Central Government; (b) any vacant land owned by any State Government and situated in a Union territory or within the local limits of a cantonment declared as such under section 3 of the Cantonments Act, 1924, means that State Government.

Urban Land (Ceiling and Regulation) Act, 1976 [Repealed] Section 6

Title: Persons Holding Vacant Land in Excess of Ceiling Limit to File Statement

State: Central

Year: 1976

.....after the 17th day of February, 1975 and before the commencement of this Act or holds at such commencement or (b) in any State which adopts this Act under clause (1) of Article 252 of the Constitution, any person holds at the commencement of this Act. vacant land in excess of the ceiling limit, then, notwithstanding anything contained in sub-section (1), may serve a notice upon such person requiring him to file, within such period as may be specified in the notice, the statement referred to in sub-section (1). (3) The competent authority may, if it is satisfied that it is necessary so to do, extend the date for filing the statement under this section by such further period or periods as it may think fit; so, however, that the period or the aggregate of the periods of such extension shall not exceed three months. (4) The statement under this section shall be filed,-- (a) in the case of an individual, by the individual himself; where the individual is absent from India, by the Individual concerned or by some person duly authorised by him in this behalf; and where the individual is mentally incapacitated from attending to his affairs, by his guardian or any other person.....

Urban Land (Ceiling and Regulation) Act, 1976 [Repealed] Section 19

Title: Chapter Not to Apply to Certain Vacant Lands

State: Central

Year: 1976

.....that the exemption under this clause, in relation to a land mortgage bank, shall not apply to any vacant land held by it otherwise than in satisfaction of its dues; (vi) any such educational, cultural, technical or scientific institution or club [not being a Corporation established by or under a Central or Provincial or State Act referred to in clause (i) or a society referred to in clause (viii)] as may be approved for the purposes of this clause by the State Government by general or special order, on application made to it in this behalf by such institution or club or otherwise : Provided that no approval under this clause shall be accorded by the State Government unless the Government is satisfied that it is necessary so to do having regard to the nature and scope of the activities of the institution or club concerned, the extent of the vacant land required bona fide for the purposes such institution or dub and other relevant factors; (vii) any society registered under the Societies Registration Act, 1860, or under any other corresponding law for the time being in force and used for any non-profit and no(sic) commercial purpose: (viii) a foreign State for the.....

Urban Land (Ceiling and Regulation) Act, 1976 [Repealed] Section 22

Title: Retention of Vacant Land Under Certain Circumstances

State: Central

Year: 1976

.....Where on receipt of a statement under sub-section (1) and after such inquiry as the competent authority may deem fit to make, the competent authority is satisfied that the land which has become vacant land is required by the holder for the purpose of redevelopment in accordance with the master plan, such authority may, subject to such conditions and restrictions as it may deem fit to impose, permit the holder to retain such land in excess of the ceiling limit for such purpose and where the competent authority is not so satisfied and docs not so permit, the provisions of sections 6 to 14 (both inclusive) shall so far as maybe, apply to the statement filed under sub-section (1) and to the vacant land held by such person in excess of the ceiling limit.