Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arrears of Rent) Act, 1980 (Act No. 16 of 1980)

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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Eviction and Recovery of Arrears of Rent) Act, 1980 Act 16 of 1980 Keyword(s): Relevant Rent Act, Relevant Small Cause Courts Act • J ' • ·• • • • • • 10079 nlEMAHARASHTRA VACANT LANDS (FUltlHF.R 1:11.lFRrM na:1rc11CN TO OCCUPIERS FROM EVIC'l10N AND RECOVERY OF ARREARS' OF RENT) ACT, 1980. PIUWl1it& Sl!CnoNS. CONTENTS 1. Short title, C('mtnenecmfnt and duration. 2, Interim protection ftom eviction and claims for rout~ ctc~. to oocuplers of vacant lands, ,3, Courts not to entertain or proceed with pending suits, etc .. ,.,.1 matt':1s referred to i.ti,section 2, 4. R.eoovery of rent, etc., by ~-rimi.nal intimidation prohibited. 5. Exclusion of time during which any proceeding could not be proi;ecuted under this Act. 6. R.opeat of Mah. Ord. III of 1980 and saving, . SCHIIDULR. ., • • • • • I. J ... ' • • • • • • • • 10081 MAHARASHTRA ACT No. XVI OF 19801 (THI! MAHAllASHTRA VACANT LANDS (FURTHER. INTE!t!M PR.oTECTION TO OceuPIER.S FR.OM EVICTION AND RECOVERY OF ARRl!AR.S OF RENT) ACT, 1980.) (This Act received the President's assent on the 11th August 1980; and the assent was first published in the Maharashtra Government Gazette on the 12th Augu,t 1980.J · . Aa Ad to provide for further illterlm protection to occupiers of vacant lands ia tbe State of Mabarashtra from eviction and recovery of arrears of rent or compensation IJld for matters hlcldental or COIIDeCted tbemritb. WHEREAS the High Court or Bombay, in Miscellaneous Petition No. 1340 of · 1977 (Mrs. Kamal Sukumar Durgule versus State ofMaharashtra) and other petitions Nos. 1197 of 1978, 1535 of 1978, 141 of 1977 and 895 of 1978, decided on the 8th ~i February 1980, held that the Maharashtra Vacant Lands (Prohibition of Unauthorised or Occupation and Summary Eviction) Act, 1975, offended article 14 and other provi 1~7S. si ons of the Constitution and was null and void ; · AND WHEREAS an appeal was filed in the Supreme Court of India and that Court, on the 15th Februazy 1980, had granted an interim stay on any action on the basis of the judgment and order of the High Court, and the Supreme .Court after hearing the concerned parties would pass final order in the matter; AND WHEREAS in the meanwhile lakhs of occupiers of the vacant lands and structures were likely to be adversely affected, and ti\J the aforesaid final decision was available, they were and would be without any protection from indiscriminaie eviction and sudden and heavy claims or arrears of rent 01 compensation under other laws in force; · . AND WHEREAS it was in the circumstances expedient to enact a law immedia tely to give protection to such occupiers for that interim period ; AND WHEREAS the President had, by Proclamation published with the noti fication of the Government of India in the Ministry of Home Affairs No. G.S.R. 46(E) in the Gazette of India, Extraordinary, dated the 17th February 1980, assumed to hi,i:iiself all the functiom of the Government of the State of Maharashtra and all the powers vested in, or exercisable by, the Governor of that State; AND WHEREAS by Order published with the notification of the Government of India in the Ministry of Home Affairs, No. G.S.R. 47(E) in the Gazette of India, Extraordinary of the same date, the President had further directed that all the func tions of the Government of the State of Maharashtra and all the powers vested in, and exercisable by, the Governor of that State under the Constitution which had been assumed by him by the said Proclamation, should, subj~ct to the supetinten dence, direction and control of the President, be exercisable also by tho Governor of the said State ; . AND WHEREAS the power to promulgate Ordinances is vested in tho Governor under article 213 of the Constitution to be exercisable by him while the Legislature of t]le State is not in session ; AND WHEREAS under sub-clause (iv) of clause (c) of the said Proclamation, references in article 21Jofthe Constitution to the Governor and to the Legislature of the State or.,to the Houses thereof were to be construed a~ refetences to the President alld to Parliament or to the Houses thereof, .respectively; · • Por Statement ot Objecla and Reasons, su Maharashtra Govtrnnwrl Gauttt, 1980, Part V, p. 213. • • . . • . . • • 10082 Maha asl,tra Vacant Lands (Further Interim Pro ction to Occupiers from Eviction and Re Ol'ery of ,(,rears of Rent) Act, 1980 [ 1980 : Mah. XVI ' AND WHEREAS arliament was not in session and, ofthe circumstances stated above. in exercise oft e powers conferred.upon him by ~lause (I) of article 213 of the Constitution read wit Order No. G.S.R. 47(E) aforesaid, the Governor of Ma.hara • shtra prorm!,lgated the Maharashtra Vacant Lands (Interim Protection to Occupiers Mah. from Eviction and Re very of Arrear•s of Rent) Ordinance, 1980, on the 6th March ?:f 19.. -~ AND WHEREAS hereafter Parliament•reassemblei(i on the 11th March 1980 and the said Ordinan would have ceased to operate after the 21st April 1980; AND WHEREAS rwards Parliament was not in $ession and the Governor of Maharashtra was satis ed that circumstances existed which rendered it· necessary for him to take immediat action to provide for further interim protection to occupiers of vacant lands in the State of Maharashtra from evi~ion and recovery of arrears of rent or comoonsati n and for matters incidental or connected therewith; and, therefore, the Govern r of Maharashtra in exercise of: the powers conferred upon him by clause (1) of icle 213 of the Constitution read with Order No. GSR. 47(E) aforesaid, promulgate the Maharashtra Vacant Lands (Further Interim Protection to Occupiers from Evi 'on and Recovery of Arrears qf Rent) Ordinance, 1980, on Mah. the 19th April 1980, y which, inter alia. Maharashtra Ordinance I of 1980 stands ~r repealed ; · 1980. AND WHEREAS, t is now expedient to replace Maharashtra Or~inance III ·of 1980 by an Act of the tate Legislature; It is hereby enacted in the Thirty-first Year of the Republic of dia as. follows :- · . Sllort title, 1. (1) This Act c:o:n~ Protection to Occupier be called the Maharashtra Vacant Lands (Further Interim from Eviction and Recovery of Arrears of Rent) Act, 1980. duration. (2) It shall be deem to have come into.force on the 6th March 1980. (3) It shall remain i force upto and inclusive of the 31st ¥arch 1981. In~m 2. Notwithstanding anything contained in any law for the time being in force, ~ including the relevant ent Act and the.relevant Small Cause Courts Act, or in any eW:::: contract, or in any jud ement, decree or order of any Court, no person shall, during and elaims the period this. Act i in force, for rent. etc. to OCCIIJ)ien of'YIICant lands. (J) institute any s it, appeal, application or other proceeding for dbtaining any. decree or order for very of any rent or compensation from, or fot the eviction of, any person, wh was immediately before the 8th February 1980 in occupa tion of any land or cture, in any of the areas s~fied in the Schedule hereto annexed, which w purported to be covered by any part of the definition of " vacant land !' gi in clause ( f) of section .2 of the· Maharashtra Vacant Lands (Prohibition of Una thorised Occupation and Summary Eviction) Act, 1975, as Mah. it stood before the a resaid date; . '. ;;"'1 • • (2) execute any or order, which is obtained by him in any ,suit, appeal, application or other proceeding instituted before the ,aforesaid date for recovery of any rent or co,Jll1>bnsi1Lti"on from,. or for the eviction. of, any such; occupier; • dl1troc1 wanaiit tor •DY ~ or rnt or epmpoMAtioii 197S. • • \ • • • • • ' • • • • • • Born • LVIT of 1947. 1980 : Mah. XVI] Maharashtru Vacant Lands (Further .Interim Protection to Occupiers frr!m Eviction and Recovery of Arrears of Rent) Act, 1980 E,sp/0111ation.-In this section, 10083 ~ (a) " relevant Rent Act " means the Bombay Rents, Hotel and Lodging House • Rates Control Act, 1947, or-any corresponding law in force in the area concerned; • xv or (b) "relevant Smatl Cause Courts Act " means the Presidency Small Cause 1882 Courts Act, 1882 or the Provincial Small Cause Courts Act, 1887, as fo.e case may IX of be, in its application to the State of Maharashtra. 1187. 3. No Court shall, during the period this Act is in force, entertain an.y suit, Courts n~ " appeal, application or other proceeding referred to in section 2, and if any such suit, to ~n appeal, application or other "proceeding was pending before any Court on the date of ~tt pending commenoement of this Act, it shall be stayed and kept pending during the said period. ·suits, etc., on matters feferred to in section 2. 4. (J) No person shall collect or attempt to collect from any occupier referred to Recovery of in section 2, any rent, compensation c;>r other charges by threatening or causing any rent, .e~ .• 1 !njury to his person, r~put:iti?n or property or to the person or reputation of any one ~ti":%::~• • m whom that occupier 1s interested. pmhibitt"d. (2) Whoever contravenes the provisions of sub~section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both. 5. In oomputing·the period of limitation for any proceeding, the time, during J!xcli:fo~ or which the person concerned was prevented from prosecuting any such proceeding =h ::~ under any provision of this Act, shall be excluded. proceeding could not be prosecuted under this Act. 6. (I) The l\iaJiiu'ashtra Vacant Lands (Further Interim Protection to Occupiers Repeal of Mah. from Eviction and Recovery of Arrears of Rent) Ordinance, 1980, is hereby repealed. ii\8~r 1~o 1~ (2) Notwithstanding such repeal, anything done .or d eemed to have been done or and saving, 1980. any action taken or deemed to have been taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. SCHEDULE ( See section 2) Mah (1) The Bombay Metropolitan Region as specified in Schedule I to the Bombay IV or Metropolitan Region Development Authority Act, 1974. • 1975. (2) The area within the limits of the Municipal Corporation of the City of Solapur. (3) The area within the limits of the Aurangabad Municipal Council and the Aurangabad l\l'otified Area.. · (4) Tho l!.l'Ca within the limits oftho Municipal C"-orporatioa oftho City ofNagpur. ~. lftl within wi LJlmhl · of tu Mlmlclpal Corporation of 1he Ctiy or • •