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4/16/2019 Compendium of Maharashtra Slum Areas Rules & Regulations – Maharashtra Housing and Building Laws

Compendium of Maharashtra Slum Areas


Rules & Regulations

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SHARES

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 Noti cation 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.

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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 Noti cation Regarding Restriction on Building in Slum Areas, etc. Rules, 1971.

Noti cation 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 noti cation regarding restriction on building in
Slum Areas, etc.) Rules, 1971.

2. De nitions,-

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(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 de ned therein shall have the meaning
respectively assigned to them in the Act.

3. Other Manner of Publication of Noti cation under Section 8(1) and (2),-

(1) The noti cation 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 noti cation shall be pasted on the Notice Board in the of ce of the Competent
Authority and shall be displayed in a conspicuous place in the area in respect of which the
noti cation is made. A substance of the noti cation shall also be proclaimed by beat of drum in
that area.

4. 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,

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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 noti cation 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)______________

3. The plan and estimates of the building together with the particulars of the exact location
thereof are enclosed.
4. 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.

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Yours faithfully,

[Signature]

Accompaniments—

Plan and estimates and other relevant details.

5. Extension period at a time of noti cation under Section 8(2),-

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

—————-

[2]

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

Noti cation 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 Noti cation 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,-

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

2. De nitions,-

(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 de ned therein shall have the meaning
respectively assigned to them in the Act.

3. 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 of ce 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]

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

Noti cation 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.

2. De nitions,-

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 de ned therein shall have the meanings
respectively assigned to them in the Act.

3. Period of Of ce of President and Member,-

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

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

4. Age of Retirement of President and Member,-

No person appointed as the President or as Member shall hold of ce 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.

5. 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 of ce, and his resignation shall take effect from the date on which it is
accepted.

6. 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 un t to continue to perform the duties of his of ce.

7. Appointment of Registrar,-

A Superintendent in any Department of the Secretariat holding of ce as such for a continuous


period of not less than ve years may be appointed by transfer to be the Registrar.

8. Period of Appointment of Registrar,-

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

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9. 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.

10. 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

11. 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 of ces of the State Government in Greater Bombay:

Provided that, the post of Senior Clerk will be lled 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 of ce.

(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

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shall be regulated by the rules and orders which regulate the conditions of service of the members
of the appropriate cadres in the of ces of the State Government in Greater Bombay.

————

[4]

The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Protection of


Tenants in Slum Areas from Eviction Rules, 1972

Noti cation 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.

2. De nitions,-

(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.

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

3. 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.

4. 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.

5. Limitation for ling 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 le 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.

6. 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.

7. 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.

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

9. Amount of Subsidised Rent,-

Where a landlord has the standard rent xed 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.

10. 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
xation 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 xed in accordance with the provisions of sub-section (3) of Section 25 of the
Act;

(iv) the standard rent xed for the building;

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

11. 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

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suf ciently 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.

12. 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.

13. 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 t 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
modi cations, the procedure prescribed for a court of rst instance the Code of Civil Procedure,
1908.

14. 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 ling of such appeals.

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

15. Court-Fees,-

The Court-fees leviable in applications mentioned in Rule 12 shall be fty 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
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is the occupier of House/Plot No_______ in the said area, for the reasons given below:-
____________________

(1) _____________________

(2) _____________________

(3) _____________________

(4) _____________________

2. 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)

————–

[5]

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

Noti cation 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

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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.

2. De nitions,-

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.

3. 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 of ce 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 de ning the clearance area shall be kept in the of ce of the competent Authority for
public inspection during of ce hours. A recital about the fact that the map de ning the clearance
area has been kept in the of ce of the Competent Authority for public inspection during of ce
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).

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

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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 speci ed 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 speci ed in the Form appended
to these rules.

5. 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 suf ciency 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 oor 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;

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(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 speci ed in his behalf. The
Competent Authority may, on any owner or tenant or occupier showing suf cient cause, extend
the date for recording its decision on any matter speci ed in the scheme.

6. 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 nal.

(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
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vacate his existing accommodation not later than the date speci ed by the Competent Authority
in that behalf, such date being ordinarily, xed 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.

7. 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 speci ed 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 speci ed 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.

8. 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.

9. Rent to be paid for Temporary Accommodation,-

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

10. 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 led 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.

11. 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 rst mentioned person shall also forfeit his claim for allotment of accommodation in the
re-erected building.

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

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

13. 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.

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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 xed by
the Competent Authority.

************

[6]

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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.

2. De nitions,-

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

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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 de ned in these regulations shall have the meanings
respectively assigned to them in the Act.

———

CHAPTER II

OFFICE, OFFICE HOURS AND SITTING OF TRIBUNAL

3. Place of of ce of Tribunal,-

The of ce of the Tribunal shall be in Greater Bombay.

4. Of ce hours,-

(1) The of ce 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 of ce 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:-

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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 of ce 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.

5. 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) Suf cient 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.

6. 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 xed for
hearing thereof on the notice board of the Tribunal suf ciently in advance.

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7. 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 noti ed by the President in advance in the
Of cial 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

8. 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;

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(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 veri ed 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 certi ed 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 rst 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 satis es
the conditions speci ed 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 speci ed in sub-regulation (7), he shall intimate to the person
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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 speci ed in
sub-regulation (9), the appeal, miscellaneous application or reference, shall be registered as
aforesaid.

(11) Where the person ling 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.

9. 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.

———

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CHAPTER IV

HEARING, ADJOOURNMENT AND JUDGEMENT BY TRIBUNAL

10. 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 of cer duly authorised to represent it before the
Tribunal.

11. 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 speci ed 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 speci ed 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 t,
regard being had to the facts and circumstances obtaining in relation to such appeal.

12. 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.

13. 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.

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14. 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 speci ed 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 satis ed 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 ful llment of conditions, if any,
attached to the order, is furnished.

15. 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 suf cient cause; and thereupon the
Tribunal, if satis ed of the existence of suf cient grounds, may set aside the dismissal and restore
the proceeding to its le.

16. 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 suf cient cause being shown. The Tribunal may, if satis ed that suf cient grounds

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were made out set aside the dismissal for default and restore the proceeding to its le on such
terms as the Tribunal may impose.

17. 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 satis ed that there are suf cient 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
le on such terms as it may impose, and proceed to decide it on merits on hearing both sides.

18. 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.

19. 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 suf cient cause therefor,
and the Tribunal may, if satis ed about the suf ciency 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.

20. Judgment of Tribunal,-

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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

21. 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 Rs. 2


respondents or opponents are more than one but they are
represented by one agent or lawyer.

2] Where the opponents are more than one and each is Rs. 2 for each
represented by separate agent or lawyer.

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 Rs. 3


respondent or opponent.

6] On an application for a warrant of arrest. Rs. 3

(2) The person ling 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.

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(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

22. Supply of copies of documents,-

(1) Any party to a proceeding before the Tribunal may apply to the Registrar for a certi ed copy of
any document on record of the Tribunal, stating in the application, the purpose for which a
certi ed 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
certi ed copy, his application shall be supported by an af davit stating the purpose for which the
certi ed 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
certi ed copy should be supplied to the applicant.

(5) The Registrar shall cause every application for a certi ed 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 certi ed copy is applied for and the availability of the
document for copying.

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(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 certi ed 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 certi ed 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 certi ed copy
applied for by him. Where the cost of the certi ed copy is less than the estimated cost, the amount
received in excess from the applicant shall be refunded to him.

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

Provided that, if the President so directs, a certi ed 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 certi ed 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 nd 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 t, get them certi ed 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;
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(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 certi ed 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 speci ed 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 certi ed 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 of cer of the Tribunal quali ed 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.

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(18) If such translations are made by an of cer of the Tribunal outside of ce hours or by any
person other than an of cer 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 certi ed copies. Copies and translations shall be
duly certi ed by the Registrar.

———-

CHAPTER VII

RECORDS OF TRIBUNAL

23. Records,-

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

24. 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 satis ed 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 of cer of the Tribunal.

25. Return of documents led before Tribunal,-

(1) All documents in original or certi ed copies thereof led 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

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the Tribunal given in that proceeding. If during the said period, any writ petition in respect of the
said proceeding is led in High Court by the party, the said document or as the case may be,
certi ed 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 speci ed in sub-regulation (1), order that
any document be returned to the party producing it, if the President or the Member thinks it t to
do so.

26. 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
speci ed 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 led
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

27. Registrar’s Functions,-

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

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(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.

28. Seal of Tribunal,-

The Tribunal shall have an of cial 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.

30. 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 ve hundred in any appeal or miscellaneous application against any party instituting a
proceeding or making a claim knowing that it is false and vexatious.

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

31. 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

Noti cation 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 of ce 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

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(c) are holding or have held any judicial of ce 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.

3. A person appointed from Advocates or Solicitors to the post shall be on probation for a period
of two years.
4. 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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