Compendium of Maharashtra Slum Areas Rules & Regulations

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Compendium of Maharashtra Slum Areas Rules & Regulations

CONTENTS

  1. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Notification Regarding Restriction on Building in Slum Areas, etc. Rules, 1971.
  2. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Declaration) Rules, 1971.
  3. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Rules, 1972.
  4. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Protection of Tenants in Slum Areas from Eviction Rules, 1972.
  5. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Clearance Areas Order) (Publicity etc.) Rules, 1973.
  6. The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Regulations, 1974.
  7. The President (Group-A) in Maharashtra Slum Areas (Improvement, Clearance and Redevelopment Tribunal) (Recruitment) Rules, 1999.

 

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[1]

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Notification Regarding Restriction on Building in Slum Areas, etc. Rules, 1971.

Notification No. SCR-1071/46837-F-III, Dt. 12.10.1971.

 Amended by Corrigendum No. SCR. 1073/57134/-F-III, dated 11th September, 1973.

Amended by Corrigendum No. SCR. 1072/88326/-F-III, dated 14th June, 1973.

Amended by Corrigendum No. SCR. 1073/80146/-F-III, dated 20th June, 1974.

In exercise of the power conferred by sub-section (1) of Section 46 read with sub-sections (1), (2) and (3) of Section 8 of the Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section 46, namely:-

  1. Short title,-

These rules may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other manner of publication of notification regarding restriction on building in Slum Areas, etc.) Rules, 1971.

  1. Definitions,-

(1) In these rules, unless the context otherwise requires.—

(i) “Act” means the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971;

(ii) “Section” means a section of the Act;

(iii) “slum area” means the slum area declared as such under sub-section (1) of Section 4 of the Act.

(2) Words and expressions used in these rules and not defined therein shall have the meaning respectively assigned to them in the Act.

  1. Other Manner of Publication of Notification under Section 8(1) and (2),-

(1) The notification under sub-section (1) or (2) of Section 8 shall also be published in not more than three local newspapers, as the Competent Authority may decide:

Provided that one such newspaper shall be in Marathi.

(2) A copy of such notification shall be pasted on the Notice Board in the office of the Competent Authority and shall be displayed in a conspicuous place in the area in respect of which the notification is made. A substance of the notification shall also be proclaimed by beat of drum in that area.

  1. Form of Application under Section 8(3),-

The application to the Competent Authority under sub-section (3) of Section 8, for permission to erect a building in the slum area shall be made in the following form:-

FORM

[See Rule 4]

To,

The Competent Authority,

____________________

____________________

 

Sir,

  1. The area known as_____________ at_______________________ has been declared as slum area under sub-section (1) of Section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, and a notification directing that no person should erect any building in the said area without the previous permission in writing of the Competent Authority has also been issued under sub-section (1) of Section 8 of that Act.
  2. I beg to apply for your previous permission to erect a building in the said area for the following reasons:-

(i)_______________

(ii)______________

(iii)______________

(iv)______________

  1. The plan and estimates of the building together with the particulars of the exact location thereof are enclosed.
  2. Necessary permission for erection of the said building may be given to me as required under sub-section (1) of Section 8 of the Act.

I agree to abide by the terms and conditions subject to which the permission may be granted to me.

 

Yours faithfully,

[Signature]

Accompaniments—

Plan and estimates and other relevant details.

  1. Extension period at a time of notification under Section 8(2),-

The period of extension of a notification for the purposes of sub-section (2) of Section 8 shall not exceed one year at a time.

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[2]

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Declaration) Rules, 1971

Notification No. SCR. 1071/46501-F-III, Dt. 08.10.1971

            Amended by Corrigendum No.SCR.1073/57133-F-III, dated 11th September, 1973.

Amended by Notification No.SCR.1079/12412/(55) Desk-7, dated the 23rd July, 1981.

In exercise of the powers conferred by sub-section (1) of Section 46 read with sub-section (1) of Section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section 46, namely:-

  1. Short title,-

These rules may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Other Manner of Publication of Declaration) Rules, 1971.

  1. Definitions,-

(1) In these rules, unless the context otherwise requires.—

(i) “Act” means the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971;

(ii) “Section” means a section of the Act.

(2) Words and expressions used in these rules and not defined therein shall have the meaning respectively assigned to them in the Act.

  1. Other Manner of Publication of Declaration under Section 4(1),-

(a) The declaration referred to in sub-section (1) of Section 4 shall also be published in one local newspaper as the Competent Authority may, for ensuring due publicity to the declaration in the area in respect of which the declaration is made, decide;

(b) A copy of such declaration shall be pasted on the Notice Board in the office of the Competent Authority and shall also be displayed in a conspicuous place in such area. A substance of the declaration shall also be proclaimed by beat of drum in the area.

(c) The Competent Authority shall as far as practicable serve a notice on every owner or occupier or both of the property in such area stating the effect of the declaration and specifying the time within which any aggrieved person may appeal to the Tribunal under sub-section (3) of Section 4 of the Act.

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[3]

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Rules, 1972

Notification No. SCR-1071/51805-F-III, Dt. 25.08.1972

            In exercise of the powers conferred by sub-section (1) of section 46 read with sub-section (3) of section 45 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said section 46, namely:-

  1. Short title,-

These rules may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Rules, 1972.

  1. Definitions,-

In these rules, unless the context otherwise requires.—

(i) “Act” means the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971;

(ii) “President” means the President of Tribunal;

(iii) “Member” means a member of the Tribunal;

(iv) “Registrar” means Registrar of the Tribunal’

(v) All words and expressions used in these rules and not defined therein shall have the meanings respectively assigned to them in the Act.

  1. Period of Office of President and Member,-

(1) The President and the Member of the Tribunal shall hold office for such period not exceeding two years as may be specified by the State Government.

(2) A person who has held office as President or a Member for the period mentioned in sub-rule (1) shall be eligible for re-appointment.

  1. Age of Retirement of President and Member,-

No person appointed as the President or as Member shall hold office after he has attained the age of 60 years:

Provided that, the State Government may in suitable cases, for reasons to be recorded in writing, extend the age-limit by a further period not exceeding one year.

  1. Resignation by President or Member,-

The President or Member may, at any time by writing under his hand addressed to the State Government, resign his office, and his resignation shall take effect from the date on which it is accepted.

  1. Termination of Appointment of President or Member,-

Notwithstanding anything contained in rule 3, the State Government may at any time terminate the appointment of the President or Member if, in its opinion, such President or Member is unable or unfit to continue to perform the duties of his office.

  1. Appointment of Registrar,-

A Superintendent in any Department of the Secretariat holding office as such for a continuous period of not less than five years may be appointed by transfer to be the Registrar.

  1. Period of Appointment of Registrar,-

The appointment of the Registrar shall be for such period as may be specified by the State Government in this behalf.

  1. Pay and Allowances of Registrar,-

The Registrar shall receive his grade pay and such allowances as may be admissible to him from time to time during the period of his deputation.

  1. Other Staff of Tribunal,-

In addition to the Registrar, the following staff may be appointed to assist the Tribunal, namely:-

Designation of the post Class of post No. of posts
1. 2. 3.
Stenographer (Lower Grade) III 1
Senior Clerk III 1
Clerk-Typist III 1
Peon IV 3

 

  1. Recruitment and Conditions of Service of Staff,-

(1) The recruitment to the posts referred to in rule 10 shall be made in the same manner in which recruitment to those posts is made in the offices of the State Government in Greater Bombay:

Provided that, the post of Senior Clerk will be filled in—

(a) either by promotion from the post of a Clerk-Typist, or

(b) by nomination, in which case the candidate should be a graduate of arts, science or commerce with experience of not less than 3 years in any Government or Semi-Government office.

(2) The terms and conditions of service of persons employed on such posts as respects pay, allowances, leave, transfer, retirement, pension, provident fund and other conditions of service shall be regulated by the rules and orders which regulate the conditions of service of the members of the appropriate cadres in the offices of the State Government in Greater Bombay.

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[4]

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Protection of Tenants in Slum Areas from Eviction Rules, 1972

Notification No. SCR 1071/48782-F-III, Dt. 06.07.1972

            In exercise of the powers conferred by sub-section (2) and clause (c) of sub-section (4) Section 22, sub-sections (1), (2), (3) and (4) of Section 24 and sub-section (3) and clause (b) of sub-section (5) of Section 25 read with sub-section (1) of Section 46 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section 46, namely:-

  1. Short title,-

These rules may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Protection of Tenants in Slum Areas from Eviction Rules, 1972.

  1. Definitions,-

(1) In these rules, unless the context otherwise requires.—

(i) “Act” means the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971;

(ii) “section” means a section of the Act.

(2) Words and expressions used in these rules and defined in the Act shall have the meanings respectively assigned to them under the Act.

  1. Form of Application for seeking Permission for Eviction of an Occupier,-

Any person desiring to institute any suit or proceeding referred to in clause (a) or to execute any decree or order referred to in clause (b) of sub-section (1) of Section 22 shall make an application to the Competent Authority in the Form appended to these rules.

  1. Other Factors to be considered,-

In considering the application under sub-section (3) of Section 22 for eviction of an occupier, the Competent Authority shall also take into account the factor whether in proposing to institute the suit or proceeding or in the obtaining of the decree or order against the occupier, the applicant has acted out of malice, or personal feud or with a view to deliberately preventing the occupier from claiming accommodation in the building which may be proposed to be re-erected.

  1. Limitation for filing Declaration under Section 24(1),-

The time within which a tenant, desiring to be replaced in occupation of the building after the re-erection thereof may file a declaration with the Competent Authority under Section 24, shall be thirty days from the days of his vacating the building, or as the case may be, his eviction therefrom.

  1. Period for furnishing Particulars by Owner under Section 24(2),-

The time within which the Competent Authority shall by order require the owner of the building to furnish to it the particulars referred to in sub-section (2) of Section 24 of the Act, shall be sixty days from the date of receipt of such order by the owner.

  1. Manner of communicating Provisional Rent under Section 24(3),-

The rent provisionally determined under sub-section (2) of Section 24 shall be communicated to the tenant and the owner in the same manner in which a notice, order or direction issued under the Act is served under Section 36.

  1. Time-limit for Tenant to communicate his willingness to pay Rent under Section 24(4),-

The time within which a tenant shall communicate in writing to the Competent Authority under sub-section (4) of Section 24 that he would pay to the owner the rent provisionally determined, shall be thirty days from the date of receipt of the communication referred to in sub-section (3) of Section 24, by the tenant.

  1. Amount of Subsidised Rent,-

Where a landlord has the standard rent fixed under any law relating to the control of rents at a rate higher than the annual rent referred to in sub-section (3) of Section 25, the State Government shall pay to the owner 80 per cent of the amount of the difference between the standard rent and such annual rent, by way of subsidy.

  1. Submission of certain particulars to Government for determining Subsidised Rent,-

Where in any case the State Government is required to pay any amount by way of subsidised rent under Rule 9, the Competent Authority shall, within a period of thirty days from the date of the fixation of standard rent by the Court, submit proposal to the State Government for determination of the amount of such subsidised rent, containing the following particulars, namely:-

(i) the name of the tenant and the owner of the building;

(ii) the date on which the tenant occupied the new building;

(iii) the annual rent fixed in accordance with the provisions of sub-section (3) of Section 25 of the Act;

(iv) the standard rent fixed for the building;

(v) the amount of subsidy payable to the owner in accordance with these rules.

  1. Mode of Payment of Subsidised Rent,-

The amount payable by Government by way of subsidised rent under sub-section (3) of Section 25 shall be placed at the disposal of the Competent Authority concerned by the State Government sufficiently in advance of the date on which it becomes payable. The Competent Authority shall pay the amount of subsidy on a date to be determined by it and intimated to the owner of the building, every quarter of the year after ascertaining that the tenant in respect of whom the subsidy has been sanctioned was actually in occupation of the building. The payment of subsidy shall cease on the termination of the tenancy in respect of which the subsidy is given.

  1. Authority for determining rent under Section 25(5)(b),-

Where in any area there is no general law relating to the control of rent in force, the authority to which the application for determination of rent referred to in sub-section (4) of Section 25 of the Act by the owner or the tenant of any building in such area shall be made, shall be Court of Civil Judge (Junior Division) having jurisdiction in such area or, if there is no such Civil Judge, the Court of Civil judge (Senior Division) having ordinary jurisdiction.

  1. Procedure to be followed by Authority for determination of rent under Section 25(5)(b),-

(1) For the purpose of determining the rent of the buildings under Section 25, the authority referred to in Rule 12 may if it deems fit take into consideration the cost of land, the cost of construction of the building, the rateable value of the building, allowance for depreciation, its location, facilities of a market, transport, education, medical attention and other like facilities.

(2) In all inquiries and proceedings, commenced on the presentation of the application for determination of rent, the authority shall follow as far as may be and with the necessary modifications, the procedure prescribed for a court of first instance the Code of Civil Procedure, 1908.

  1. Appeals,-

(1) An appeal against the order of the authority made under Rule 13 shall lie to the District Court and such appeal shall be made within thirty days from the date of the Order:

Provided that, in computing the period for appeal the provisions of Section 4, 5 and 12 of the Limitation Act, 1963, shall apply to the filing of such appeals.

(2) In the appeals under this rule a District Court shall, as far as may be and with necessary modifications, follow the practice and procedure prescribed for appeals from original decrees by or under the Code of Civil Procedure, 1908.

  1. Court-Fees,-

The Court-fees leviable in applications mentioned in Rule 12 shall be fifty paise and the Court-fees leviable in appeals under Rule 14 shall be one rupee.

 

FORM

[See Section 22(2)]

 

To,

__________________

The Competent Authority,

_______________________

 

Sir,

The area known as___________________________________ at_____________ has been declared as a Slum Area under Section 4(1) of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.

I desire to institute a suit/proceeding for obtaining a decree/order for the eviction/have obtained a decree or order on_______________ (date) for the eviction of Shri_________________________________ who is the occupier of House/Plot No_______ in the said area, for the reasons given below:-____________________

(1) _____________________

(2) _____________________

(3) _____________________

(4) _____________________

  1. I request that permission referred to in Section 22(1) of the said Act may be granted to me to institute the suit/proceeding/execute the Decree/order against the said person.

I enclose a copy of the proposed plaint/application/decree/order for your information.

 

Yours faithfully,

(Signed)

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[5]

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Clearance Areas Order) (Publicity etc.) Rules, 1973 

Notification No. SCR. 1071/48533-F-III, Dt. 29.03.1973

            In exercise of the powers conferred by sub-sections (1) and (2) of Section 11, sub-sections (3) and (10) of Section 12 and sub-section (1) of Section 24 read with sub-section (1) of Section 46 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section 46, namely:-

  1. Short title,-

These rules may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Clearance Areas Order) (Publicity etc.) Rules, 1973.

  1. Definitions,-

In these rules, unless the context otherwise requires.—

(i) “Act” means the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971;

(ii) “Section” means a section of the Act.

  1. Mode of Publication of Order under Section 11,-

(1) A copy of the order made under sub-section (1) of Section 11 shall be displayed at prominent places in the slum area declared to be a clearance area under such order and pasted on the notice board in the office of the Competent Authority. The substance of the order shall also be announced by beat of drum in that clearance area.

(2) The Competent Authority shall as far as practicable, serve a copy of the order on every owner and tenant of the buildings situated in the clearance area in the manner provided in Section 36.

(3) A map defining the clearance area shall be kept in the office of the competent Authority for public inspection during office hours. A recital about the fact that the map defining the clearance area has been kept in the office of the Competent Authority for public inspection during office hours, shall be included in the form of a foot-note at the end of every copy of the order displayed or pasted under sub-rule (1) and served on the owners and tenants under sub-rule (2).

  1. List of Persons occupying Buildings in Clearance Area,-

Subject to the provisions of sub-section (2) of Section 11, the Competent Authority shall prepare a list of persons who were occupying the buildings comprised in the proposed clearance area, on such date as may be specified by it and who are likely to be dishoused therefrom as a result of the demolition of such buildings. The list shall contain the particulars specified in the Form appended to these rules.

  1. Scheme for housing persons likely to be dishoused,-

(1) Before declaring any area as a clearance area, the Competent Authority shall, after satisfying itself as to the sufficiency of its resources, draw up a scheme for housing persons who are likely to be dishoused as a result of demolition of buildings in such area. Such scheme may be made in respect of each building or group of buildings or for all the buildings to be demolished.

(2) The scheme shall specify,-

(a) the buildings which are to be demolished;

(b) the order in which it is proposed to demolish them;

(c) the provision for accommodation temporary and permanent either in a building or in an open plot of land, regard being had to the circumstances of each case;

(d) the location of temporary and permanent accommodation;

(e) the floor area in each case of accommodation;

(f) amenities provided in each case of accommodation;

(g) subject to the provisions of rule 9, the rent in each case of accommodation;

(h) the date on or before which the building is to be evacuated and persons displaced to be rehabilitated;

(i) the date on or before which the owner should demolish the building;

(j) the date on or before which the owner should inform the Competent Authority whether he would redevelop the land;

(k) the date on or before which each owner or tenant of the building to be demolished should inform the Competent Authority of his decision for temporary or permanent accommodation;

(l) the approximate date when the building will be re-erected;

(m) subject to the provisions of Section 24, the estimated provisional rent of the accommodation.

(3) The scheme shall be published in such a way that the owners, tenants and any other occupiers in the area are adequately informed of the contents of the scheme and arrangement should be made to require them to inform of their decision on or before the date specified in his behalf. The Competent Authority may, on any owner or tenant or occupier showing sufficient cause, extend the date for recording its decision on any matter specified in the scheme.

  1. Manner of executing Scheme,-

(1) The Competent Authority shall, on publication of the scheme, ascertain the owners who desire to demolish their buildings and redevelop their lands. The Competent Authority shall then exclude the buildings of such owners, and shall proceed to execute the scheme in the manner hereinafter provided.

(2) The Competent Authority, on preparation of the list under Rule 4, and after ascertaining that the owner of the building to be demolished does not want to redevelop his land, and after receiving the decision of each owner and tenant regarding his choice of accommodation under Rule 5, shall decide the persons who should be provided with permanent accommodation, and those who should be provided with temporary accommodation, regard being had to the information collected from the list. The decision of the Competent Authority on the allotment of the accommodation shall be final.

(3) The Competent Authority shall then inform each owner and tenant of the accommodation, which is proposed to be provided for him and require each such owner and tenant to inform the Competent Authority that he is prepared to take accommodation proposed to be provided for him within a week from the date on which he is informed of such accommodation, and that he will vacate his existing accommodation not later than the date specified by the Competent Authority in that behalf, such date being ordinarily, fixed in consultation with the owner or the tenant, as the case may require. After the owner or tenant accepts the accommodation offered to him, he shall give an undertaking in writing that he shall pay the rent of the accommodation which is provided for him regularly before the 10th day of every month, and in case of temporary accommodation, that he shall vacate the accommodation provided for him when he is required so to do in accordance with the provisions of the Act. If the owner or tenant fails to pay rent for two consecutive months before the stipulated time the Competent Authority may by order require the owner or tenant or any other occupier to vacate the accommodation and thereupon he shall be liable to be evicted under Section 33 of the Act.

  1. Procedure for evacuating building to be demolished,-

(1) The Competent Authority, on the owner or tenant executing the undertaking referred to in rule 6, or on any owner or tenant refusing to accept the accommodation offered to him shall, by notice call upon owner or tenant to vacate the existing accommodation in the building which is to be demolished, according to the provisions of the scheme under rule 5 and to occupy the accommodation accepted by him or offered to him on or before the date specified in this behalf.

(2) If any owner or tenant or any other occupier does not vacate or refuses to vacate the accommodation in the building to be demolished on or before the date specified for the purpose, the Competent Authority may, by notice call upon such owner or tenant or occupier to vacate the accommodation within forty-eight hours from the time the notice is delivered to the owner or tenant or occupier and if the owner or tenant or occupier fails to vacate the existing accommodation, then he shall be liable to evicted in the manner provided in Section 33.

  1. Evacuated Building to be demolished by Competent Authority,-

On evacuation of each building proposed to be demolished and on housing the owners and tenants in the accommodation provided for them, the Competent Authority shall forthwith arrange to demolish the building so evacuated, after the owner has failed to demolish it in the manner provided in sub-section (7) of Section 12.

  1. Rent to be paid for Temporary Accommodation,-

The rent to be paid for the temporary accommodation provided under Rule 5 shall not exceed the economic rent for such accommodation.

  1. Allotment in Re-erected Building, etc.,-

After the re-erection of the building the persons who may have been provided with temporary accommodation and who have filed a declaration under sub-section (1) of Section 24 shall be allotted accommodation in the building which is re-erected. Every such person shall pay such rent to the owner as may be determined under the provisions of Sections 24 and 25.

  1. Circumstances in which persons may be evicted from Temporary Accommodation,-

Every person who has been provided with temporary accommodation by the Competent Authority shall be asked to move to the new premises, of the re-erected building within a period of thirty days from the date of the intimation to be given to him by the Competent Authority failing which such person or any other person who is found in possession of such accommodation shall be liable to be evicted from the temporary accommodation provided by the Competent Authority and such first mentioned person shall also forfeit his claim for allotment of accommodation in the re-erected building.

  1. Manner of publication of Notice under Section 12(3),-

The notice about the clearance order being confirmed under sub-section (3) of Section 12 shall be published in the manner provided in rule 3.

  1. Appeal against order under sub-section (10) of Section 12,-

An owner who is aggrieved by a restriction or condition imposed on the user of his land under sub-section (10) of Section 12, or by a subsequent refusal of Competent Authority to cancel or modify any such restriction or condition may, within period of sixty days from the date on which such restriction or condition is imposed or refusal to cancel or modify any such restriction or condition is communicated, appeal to Tribunal.

 

FORM

[See Rule 4]

LIST OF PERSONS OCCUPYING EACH BUILDING IN THE CLEARANCE AREA

(i) Name or number of the building, if any, and the name of the occupier and the amount or rent paid and rent bills or other evidence in support of the rent paid.
(ii) Occupier’s income, including income of all persons staying with him.
(iii) List of persons staying with the occupier and their ages and vocations.
(iv) Floor area of the building occupied by him.
(v) Rent paid to the owner.
(vi) Facilities provided in the building such as latrine, tap etc.
(vii) The rent that the occupier is prepared to pay, if alternative accommodation is provided to him.
(viii) Whether it would be possible for the occupier to shift to other place by private arrangement or he desires to avail of the arrangements to be made by the Competent Authority to accommodate the dishoused persons under the scheme and pay such rent as may be fixed by the Competent Authority.

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[6]

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Regulations, 1974

 

No. MSA 1074-2041 (Rules).— In exercise of the powers conferred by sub-section (4) of Section 45 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), and with the previous approval of the State Government, the President of the Tribunal constituted by the State Government under the said Act hereby makes the following regulations, namely:-

CHAPTER I

PRELIMINARY

  1. Short title,-

These regulations may be called the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Tribunal Regulations, 1974.

  1. Definitions,-

In these regulations, unless the context otherwise requires.—

(a) “Act” means the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971;

(b) “Appeal” means an appeal made under the Act;

(c) “Lawyer” means a Barrister-at-law or Solicitor or any other person entitled to plead in any court of law in this State and includes any person appointed by the State Government to represent it in any proceeding before the Tribunal;

(d) “Legal representative” means a person who in law represents the estate of a deceased person and includes any person decided by the Tribunal to represent the deceased person in the proceedings pending before the Tribunal, unless and until a competent court has decided otherwise;

(e) “Member” means a member of the Tribunal and includes the President;

(f) “President” means the President of the Tribunal;

(g) “Registrar” means the Registrar of the Tribunal and includes a person discharging the functions of the Registrar for the time being;

(h) Words and expressions used but not defined in these regulations shall have the meanings respectively assigned to them in the Act.

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CHAPTER II

OFFICE, OFFICE HOURS AND SITTING OF TRIBUNAL

  1. Place of office of Tribunal,-

The office of the Tribunal shall be in Greater Bombay.

  1. Office hours,-

(1) The office of the Tribunal shall be kept open between 10.30 a.m. and 5.30 p.m. daily (Sunday, second and fourth Saturdays of every month and all holidays observed in Sachivalaya of the Government of Maharashtra excepted).

(2) Except when the Tribunal is in vacation, the Tribunal shall function between 11.00 a.m. and 2.00 p.m. on all working Saturdays and between 11.00 a.m. and 4.45 p.m. with a recess between 1.00 p.m. and 2.00 p.m. or all other working days.

(3) The office hours for Class II and Class III servants of the Tribunal on all working days shall be from 10.30 a.m. to 5.30 p.m. with half an hour recess as indicated below:-

Category Recess time
Registrar and Senior Clerk 1.00 p.m. to 1.30 p.m.
Other Class III servants 1.30 p.m. to 2.00 p.m.

The office hours for Class IV servants of the Tribunal on all working days shall be from 10.00 a.m. to 6.00 p.m. with half an hour recess from 1.30 p.m. to 2.00 p.m.

  1. Sitting of Tribunal,-

(1) The Tribunal shall hold its sittings in Greater Bombay and in cities of Nagpur, Poona, Sholapur and Aurangabad and at such other places (being places to which the Act may be extended) and on such dates as the Tribunal or the President may determine having regard to the convenience of the Tribunal and the convenience of the parties to any proceedings before the Tribunal or having regard to any exigency.

(2) Sufficient notice about the sittings of the Tribunal shall be given to the parties concerned by communicating it to them by post and by publishing it on the notice board of the Tribunal.

(3) The Tribunal may with the consent of the parties to any case, hear the case at any place of its sittings, irrespective of whether the issue in that case arose at that place or not.

(4) The Tribunal shall pronounce its judgement in Greater Bombay and communicate it to the parties concerned by post:

Provided that, with the consent of the parties, the Tribunal may pronounce its judgement at any other place and communicate it to the parties by post if such place is not the place where the case is heard.

  1. Notice of dates of hearings by Tribunal,-

The Registrar shall, with the approval of the President, arrange for the sittings of the Tribunal for hearing of appeals, miscellaneous applications and references and publish the dates fixed for hearing thereof on the notice board of the Tribunal sufficiently in advance.

  1. Vacation for Tribunal,-

(1) The Tribunal may have vacation for six weeks in each calendar year. The periods of vacation and the hours during which work of an urgent nature shall be attended to by the Tribunal during each vacation as provided in sub-regulation (2) shall be notified by the President in advance in the Official Gazette, in February of each calendar year.

(2) In consultation with the other Members, the President shall distribute all administrative work of urgent nature between himself and other Members for disposal during the period of vacation.

———

CHAPTER III

PRESENTATION, REGISTRATION AND ADMISSION OF APPEALS, MISCELLANEOUS APPLICATONS AND REFERENCES

  1. Presentation and Registration of appeals, miscellaneous applications and references,-

(1) All appeals, miscellaneous applications and references shall be presented in person by the appellant or applicant, as the case may be, the person making the reference or by his duly appointed agent or lawyer to the Registrar or sent to him by post. When the appeal, miscellaneous application or reference is sent by post, it shall not be accepted unless the due postage has been prepaid.

(2) Every such appeal, miscellaneous application or reference shall—

(a) either be typewritten or written in ink in legible hand in English or Marathi;

(b) specify, in the case of an appeal or miscellaneous application, the names and addresses of the respondents or the opponents, as the case may be;

(c) clearly state, in the case of an appeal, the grounds of appeal and in the case of a miscellaneous application or reference, the points on which the decision of the Tribunal is required;

(d) state, in the case of an appeal or a miscellaneous application, the relief which the appellant or applicant claims.

(3) Where the appeal contains averments of facts, such appeal and every miscellaneous application shall be verified at the foot by the appellant or as the case may be, applicant.

(4) Every appeal or miscellaneous application presented under sub-regulation (1) shall be accompanied by.—

(a) the declaration, order, decision, notice or direction (either in original or a certified copy thereof) in respect of which the appeal is made;

(b) as many copies thereof legibly written in ink or typewritten as there are respondents or opponents.

(5) Where the subject matter of an appeal, miscellaneous application or reference relates to any property, the current market value of such property shall be indicated on the first page of the appeal, miscellaneous application or reference.

(6) On receipt of an appeal, miscellaneous application or reference, the Registrar shall endorse on it the date of its receipt by him.

(7) Within seven days from the date of receipt of the appeal, miscellaneous application or reference by the Registrar, the Registrar shall examine it and shall satisfy himself.—

(a) that the person presenting it is competent to do so; and

(b) that it conforms to the provisions of the Act and these regulations.

(8) If it appears to the Registrar that the appeal, miscellaneous application or reference satisfies the conditions specified in sub-regulation (7), he shall cause it to be registered in the register maintained in that behalf under regulation 9.

(9) Where the Registrar is of opinion that the appeal, miscellaneous application or reference does not conform to the conditions specified in sub-regulation (7), he shall intimate to the person making it or his duly authorised agent or lawyer, the defects on account of which the appeal, miscellaneous application or reference could not be registered, and shall require the said person or his duly authorised agent or lawyer to cure the defects, either in person or through post, within seven days from the date of the receipt of the said intimation.

(10) If the person making the appeal, miscellaneous application or reference or his duly authorised agent or lawyer cures by an amendment, all the defects pointed out within the period specified in sub-regulation (9), the appeal, miscellaneous application or reference, shall be registered as aforesaid.

(11) Where the person filing the appeal, miscellaneous application or reference or his duly authorised agent or lawyer fails to remedy any of the defects pointed out to him, the registrar shall place it before the Tribunal for orders.

(12) If the appeal, miscellaneous application or reference placed before the Tribunal under sub-regulation (11), is accepted by the Tribunal, the Registrar shall cause it to be registered as aforesaid, and if it is rejected by the Tribunal, the Registrar shall cause it to be registered in the register of rejected appeals, miscellaneous applications and reference, and shall inform the party accordingly. Any such rejected appeal, miscellaneous application or reference may be accepted by the Tribunal if proper cause for such acceptance is shown to the Tribunal.

  1. Maintenance of registers,-

The Registrar shall maintain the following registers namely:-

(i) A register of appeals accepted;

(ii) A register of miscellaneous applications accepted;

(iii) A register of references accepted; and

(iv) A register of rejected appeals, miscellaneous applications and references.

———

CHAPTER IV

HEARING, ADJOOURNMENT AND JUDGEMENT BY TRIBUNAL

  1. Persons competent to appear before Tribunal,-

Every appellant or applicant may appear before the Tribunal in person or thorough any person holding his duly attested power of attorney or through a legal practitioner and where Government is the appellant or applicant through any officer duly authorised to represent it before the Tribunal.

  1. Notice to parties to appear before Tribunal,-

After an appeal, miscellaneous application or reference is registered, a notice shall be served on the parties concerned calling upon them to appear before the Tribunal on the date specified in the notice. The notice shall so state that if the parties concerned do not appear before the Tribunal as provided in regulation 10 or the date specified in the notice or any subsequent date to which the hearing may be adjourned, the Tribunal may deal with the appeal in such manner as it thinks fit, regard being had to the facts and circumstances obtaining in relation to such appeal.

  1. Procedure in case of non-appearance of parties,-

In any appeal, miscellaneous application or reference, if the party presenting it, is absent at the time of hearing, either in person or through his lawyer, the Tribunal may either dismiss such appeal, miscellaneous application or reference for defaults or decide it on merits on the date before it.

  1. No new point to be argued at the time of hearing,-

Unless permitted to do so by the Tribunal the appellant or the applicant shall not be entitled to argue any new point at the time of hearing which is not included in his written appeal or application:

Provided that no such permission shall be given to the appellant or applicant unless due notice thereof has been given to the respondent or opponent.

  1. Stay of operation of declaration, etc.,-

After an appeal or miscellaneous application or reference is registered, the Tribunal may, on the application of the presenting party, order stay of the operation of any declaration, order, decision, notice or direction, for such period as may be specified in the orders with or without any condition, either ex-parte or after hearing the respondent or opponent:

Provided that, no order under this regulation shall be made unless.—

(i) the Tribunal is satisfied that substantial loss may result to the appellant or applicant if such order is not made;

(ii) the appellant or applicant has applied for stay within a reasonable time; and

(iii) such security as may be determined by the Tribunal for fulfillment of conditions, if any, attached to the order, is furnished.

  1. Procedure in case of non-payment of process fee,-

If in any proceeding before the Tribunal, the appellant, applicant or the party at whose instance a reference is made to the Tribunal fails to pay process fee within the stipulated period when called upon to do so, and as a consequence, the proceeding is dismissed, the said appellant, applicant or as the case may be, party whose proceeding was dismissed may apply in writing within thirty days of the dismissal for getting the dismissal set aside on showing sufficient cause; and thereupon the Tribunal, if satisfied of the existence of sufficient grounds, may set aside the dismissal and restore the proceeding to its file.

  1. Procedure where parties fail to appear,-

If on the day of hearing or on any other day to which the proceeding may be adjourned, an appeal, miscellaneous application or reference is dismissed for non-appearance of the appellant, applicant or the party at whose instance the reference is made or the holders of their duly attested power of attorney or their lawyers, the appellant or the applicant or the party at whose instance the reference was made may apply for restoration of the proceeding within thirty days of the date of the dismissal on sufficient cause being shown. The Tribunal may, if satisfied that sufficient grounds were made out set aside the dismissal for default and restore the proceeding to its file on such terms as the Tribunal may impose.

  1. Restoration of appeal, etc.,-

If any appeal, miscellaneous application or reference is decided by the Tribunal in the absence of either party to it, the party remaining absent may, within thirty days of the date of the decision, apply to the Tribunal for getting the ex-parte decision set aside stating grounds therefor. If the Tribunal is satisfied that there are sufficient grounds for setting aside the ex-parte decision, it may set it aside and restore the appeal, miscellaneous application or, as the case may be, reference to is file on such terms as it may impose, and proceed to decide it on merits on hearing both sides.

  1. Procedure in case of death of party to proceeding,-

Where one of several appellants, applicants or the parties at whose instance a reference is made to the Tribunal dies pending the proceeding in relation to his appeal, application or, as the case may be, reference and the right to continue the proceeding does not survive to the surviving appellants or applicants alone or where the sole appellant or applicant or the party at whose instance the reference is made dies and the right to continue the proceeding survives, the Tribunal, on an application made in that behalf by the legal representative of the deceased, shall cause him to be impleaded in the proceeding within ninety days of the date of death, and proceed with the appeal, miscellaneous application or reference, as the case may be. The same procedure shall be followed if a respondent or opponent dies pending the proceeding.

  1. Procedure where no legal representative is impleaded in proceeding,-

If a legal representative of the deceased does not apply as aforesaid, the proceeding shall abate:

Provided that, the legal representative of the deceased may apply to get the abatement set aside within sixty day from the date of abatement of the proceeding showing sufficient cause therefor, and the Tribunal may, if satisfied about the sufficiency of the cause, set aside the abatement and implead the legal representative in the proceeding on such terms as it may impose and proceed to decide the appeal or application, as the case may be, on merits.

  1. Judgment of Tribunal,-

When the judgment is unanimous, it shall be signed and dated by all the Members. Where it is a judgment of the majority, it shall be similarly signed and dated by the Members forming the majority. The dissenting Member shall also write his judgment and record his opinion on the point or points on which he dissents.

————-

CHAPTER V

PROCESS FEES

  1. Process fees and mode of payment thereof,-

(1) Fees for processes issued by the Tribunal shall be payable in Court-fee stamps by the parties to the proceedings before the Tribunal in accordance with the following table of fees, namely:-

1] Where the respondent or opponent is one or where the respondents or opponents are more than one but they are represented by one agent or lawyer. Rs. 2
2] Where the opponents are more than one and each is represented by separate agent or lawyer. Rs. 2 for each
3] On notice to any party on any interlocutory application Rs. 2 for each party
4] Witness summons Rs. 2
5] On an application for an interim injunction for each respondent or opponent. Rs. 3
6] On an application for a warrant of arrest. Rs. 3

(2) The person filing an appeal, miscellaneous application or reference shall pay process fee either at the time of presenting the appeal, miscellaneous application or, as the case may be, reference or within a week from the date of such presentation. Where the process fee is not paid as aforesaid, the Tribunal may, in its discretion, dismiss the appeal, miscellaneous application or, as the case may be, reference.

(3) The Tribunal may issue its process for service by registered post. Where a process is served by registered post, the person, on whose behalf the process is served, shall pay the postage charges.

———–

CHAPTER VI

SUPPLY OF COPIES OF DOCUMENTS AND RECORD OF TRIBUNAL

  1. Supply of copies of documents,-

(1) Any party to a proceeding before the Tribunal may apply to the Registrar for a certified copy of any document on record of the Tribunal, stating in the application, the purpose for which a certified copy is required. The application shall bear a Court-fee stamp according to the provisions of the Bombay Court Fees Act, 1959.

(2) On receipt of an application under sub-regulation (1), the Registrar shall, subject to the provisions of this regulation, supply thereon applied for.

(3) If the Registrar has any doubt about the propriety of giving a copy of any particular document or to any particular person, he shall place the application before the President, or in his absence, before a Member for his order.

(4) Where the person who is not a party to the proceeding before the Tribunal requires such certified copy, his application shall be supported by an affidavit stating the purpose for which the certified copy is required by him. Every such application shall be placed by the Registrar before the President or in his absence before a Member, for obtaining orders whether or not the said certified copy should be supplied to the applicant.

(5) The Registrar shall cause every application for a certified copy to be scrutinised for ascertaining the correct number of the proceeding, the names of the parties to the proceeding, description of the document of which a certified copy is applied for and the availability of the document for copying.

(6) The Registrar shall cause the cost of the copies to be estimated in accordance with the scales of fees mentioned in sub-regulation (11) before undertaking the work of copying and shall intimate such estimated cost to the applicant.

(7) When the estimated cost is paid by the applicant to the Registrar, the Registrar shall on the day of such payment, intimate to the applicant the date on which the certified copy applied for will be ready for delivery, such date being normally within ten days from the date of payment.

(8) Where the cost of the certified copy exceeds the estimated cost, the applicant shall be required to pay the excess amount, and on such payment, he shall be supplied with the certified copy applied for by him. Where the cost of the certified copy is less than the estimated cost, the amount received in excess from the applicant shall be refunded to him.

(9) No certified copy of only a part of a document shall be supplied to any person:

Provided that, if the President so directs, a certified copy of a part of any document other than a judgment of the Tribunal may be supplied to any person.

(10) When an application is made for a certified copy of any document and such application does not distinctly describe the number, date and nature of the document, or if the description of such document given in the application is incorrect and it consequently becomes necessary to search the records of different years to find the document, a search fee at the rate of rupee one per record of each year so searched shall be payable by the applicant.

(11) Where any party to the proceedings before the Tribunal produces copies of documents on record of the Tribunal and applies to the Tribunal for certifying them to be true copies, the President may, if he thinks fit, get them certified to be true copies from the Registrar if the copies are typed neatly on paper of good quality and the applicant pays in advance the comparing fee at the rates mentioned in sub-regulation (12).

(12)(a) Copying fee shall be charged at the following rates, namely:-

(a) for copying the documents in English, 5 paise for every 25 words or fraction thereof;

(b) for copying documents in regional languages, 5 paise for every 33 words or fraction thereof;

(c) for copying of a map or plan, such fee not exceeding Rs. 15 and not less than Rs. 1 as the President may determine.

(b) For comparing copes, a fee at the rate of 5 paise per 100 words or fraction thereof shall be charged.

(c) Paper cost 3 paise per sheet.      

(13) The following endorsements shall be made on every certified copy of a document:-

(i) the date on which the copy was applied for,

(ii) the date on which the copy was ready for delivery,

(iii) the date on which the copy was delivered or posted.

(14) On extra payment of fee at half the rates specified in sub-regulation (12), copies shall be furnished if possible, within twenty-four hours, and in any case within forty-eight hours, provided the document of which the copy is sought is existence and available in the records of the Tribunal to which the application is made. In the case of applications for copies of judgments, if the judgement is not signed by the Members giving the judgment till the date of the application, the period of twenty-four hours or forty-eight hours shall be computed from the date the judgment is so signed. In computing the said period of twenty-four hours and forty-eight hours, every Sunday and holiday on which the Tribunal does not function shall be excluded.

(15) If the person applying for a certified copy of any document fails to receive such copy by paying the full charges therefor in accordance with sub-regulation (12), the Tribunal shall by order direct that the cost or any part thereof which has not been paid by him shall be recovered from him.

(16) Translation of documents shall be prepared by an officer of the Tribunal qualified for the purpose or by a translator appointed by the President.

(17) Fees for translating documents shall be charged at a uniform rate of 50 paise per 100 words, whether from or into the regional language.

(18) If such translations are made by an officer of the Tribunal outside office hours or by any person other than an officer or other employee of the Tribunal specially appointed for the purpose, the fee recovered in respect of such translation shall be paid to him.

(19) A surcharge of 55 per cent shall be levied on all copying, comparing and translation fees and added to the total charges for the preparation of certified copies. Copies and translations shall be duly certified by the Registrar.

———-

CHAPTER VII

RECORDS OF TRIBUNAL

  1. Records,-

The records of the Tribunal shall be kept in the custody of the Registrar.

  1. Inspection of records,-

(1) Any person who has a right to inspect a record under the provisions of the Indian Evidence Act, 1872, or under any other law for the time being in force, or to obtain copies of any records of the Tribunal or extracts therefrom, shall make an application in writing to the Registrar, stating therein the purpose for which the said request is made.

(2) If the Registrar is satisfied that the application is in order he shall grant the application.

(3) No inspection of any record of the Tribunal shall be allowed by the Registrar except in the presence of an officer of the Tribunal.

  1. Return of documents filed before Tribunal,-

(1) All documents in original or certified copies thereof filed before the Tribunal by any party in any proceedings shall, except when otherwise directed by the President be obtainable on an application made by the said party in that behalf within one year from the date of the judgment of the Tribunal given in that proceeding. If during the said period, any writ petition in respect of the said proceeding is filed in High Court by the party, the said document or as the case may be, certified copies thereof shall likewise be obtainable within one year from the date of the High Court’s judgment in the writ petition.

(2) Notwithstanding anything contained in sub-regulation (1), the President or, in his absence any member may, at any time after the expiry of the period specified in sub-regulation (1), order that any document be returned to the party producing it, if the President or the Member thinks it fit to do so.

  1. Preservation of documents,-

(1) Roznamas, appeal memoranda, miscellaneous applications, references and judgments of the Tribunal shall be preserved for twelve years:

Provided that, if the President so directs, they may be preserved for such longer period as may be specified in the direction.

(2) Depositions of witnesses recorded by the Tribunal and documents produced by parties but not returned to them be preserved for six years.

(3) All other documents relating to any proceeding shall be preserved for a period of three years from the date of the Tribunal’s judgement in that proceeding, or, where a writ petition is filed before the High Court, for a period of three years from the date of the High Court’s judgment in the writ petition.

———-

CHAPTER VIII

MISCELLANEOUS

  1. Registrar’s Functions,-

(1) The Registrar shall sign and seal all notices, intimations and processes issued by the Tribunal.

(2) The Registrar shall perform such other functions as are assigned to him by these regulations or may be assigned to him from time to time by the President.

  1. Seal of Tribunal,-

The Tribunal shall have an official seal, which shall be kept in the custody of the Registrar.

29.Local Inspection,-

(1) The Tribunal or the President or, if so directed by the President, any Member may, suo motu or on an application of any party to a proceeding before the Tribunal, visit any place for local inspection if it or he considers such inspection to be necessary for elucidating any matter in dispute.

(2) Where a local inspection is to be undertaken under sub-regulation (1) on an application of any party, that party shall deposit with the Tribunal in advance the requisite amount to meet the travelling and other incidental expenses of the Tribunal.

(3) On undertaking local inspection, the Tribunal, the President or as the case may be, the Member may make notes of the inspection and show such notes to the parties proceedings.

  1. Cost,-

(1) The costs of, and incidental to, appeals, miscellaneous applications and references shall be in the direction of the Tribunal and the Tribunal shall have the full power to determine by whom or out of what property and to what extent such costs shall be paid, and to have all necessary directions for the purpose aforesaid.

(2) Where any party engages a lawyer, the Tribunal may award fees of the lawyer in accordance with the scale obtaining in the Bombay City Civil Court in one set on the prevailing market value of the subject-matter of the appeal.

(3) The Tribunal may, after recording reason therefor, award compensatory costs to the extent of rupees five hundred in any appeal or miscellaneous application against any party instituting a proceeding or making a claim knowing that it is false and vexatious.

(4) A bill of costs shall be made below every judgment of the Tribunal and it shall be examined and signed by the Registrar.

  1. Tribunal to follow provisions of Civil Procedure Code in matters not provided for in these regulations,-

The Tribunal shall, in any matter not provided for in these regulations follow the procedure, as far as it is applicable, laid down in the Code of Civil Procedure, 1908.

———–

[7]

The President (Group-A) in Maharashtra Slum Areas (Improvement, Clearance and Redevelopment Tribunal) (Recruitment) Rules, 1999

Notification No. NIYUKTI-1095-CR—16(95)/Part II/ADM-III, Dt.28.04.1999

            In exercise of the powers conferred by sub-section (1) of section 46 of the Maharashtra Slum Improvement, Clearance and Redevelopment Act, 1971 (Mah. XXVIII of 1971) and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section 46, namely:-

  1. These rules may be called the President (Group-A) in Maharashtra Slum Areas (Improvement, Clearance and Redevelopment Tribunal) (Recruitment) Rules, 1999.
  2. Appointment to the post of President in Maharashtra Slum Areas (Improvement, Clearance and Redevelopment Tribunal), shall be made by nomination from amongst the persons who.—

(i) are not less than 35 and not more than 61 years of age; and

(ii)(a) are holding or have held a judicial office not below the rank of a District Judge; or

(b) are holding or have held the post not below the rank of Joint Secretary on the legal side of the Law and Judiciary Department; or

(c) are holding or have held any judicial office not below the rank of Civil Judge (Junior Division) and Judicial Magistrate of the First Class, for a period of not less than ten years; or

(d) who have been Advocates or Solicitors in a High Court or Courts subordinate thereto for a period of not less than eight years.

  1. A person appointed from Advocates or Solicitors to the post shall be on probation for a period of two years.
  2. A person appointed to the post shall be required to pass the examination in Hindi and Marathi languages according to the rules made in that behalf, unless he has already passed, or has been exempted from passing those examinations.

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