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[Cites 0, Cited by 0] [Section 13] [Entire Act]

State of Maharashtra - Subsection

Section 13(3) in The Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971

(3)The agency or the other developer so appointed shall within a period of forty-five days of the order of the Chief Executive Officer, be required to deposit an amount of compensation payable to the outgoing landowners or occupants or developers, as the case may be, for expenditure incurred by them on payment made to any public authority, local bodies for receiving approvals for the Slum Rehabilitation Scheme and construction of rehabilitation tenements as determined by the Chief Executive Officer:Provided that, such compensation shall not be payable by the agency appointed by the Chief Executive Officer, for any expenditure incurred towards construction to meet conditional obligations made to any third party by the landowners or occupants or previous developers, as the case may be. The Chief Executive Officer before passing such order shall obtain report from approved valuer independently appointed on his behalf and by the concerned parties to the proceeding before the Chief Executive Officer:Provided further that, before passing such order by the Chief Executive Officer, the concerned landowner or occupant or developer, as the case may be, shall be given a reasonable opportunity of being heard and time which shall not be more than thirty days of showing cause why the order should not be passed:Provided also that, an appeal, if any, against the order of the Chief Executive Officer shall be filed before the Grievance Redressal Committee and order of the Grievance Redressal Committee shall be final and binding on all the parties.]
(c)in Chapter V,-
(i)in section 14, in sub-section (1),-
(A)[ for the portion beginning with the words "Where on any representation" and ending with the words "clearance area" the following portion shall be substituted, namely :- [Paragraph (A) was substituted by Maharashtra 6 of 1997, Section 5(b)(i).]
"Where on any representation from the Chief Executive Officer it appears to the State Government that, in order to enable the Slum Rehabilitation Authority to carry out development under the Slum Rehabilitation Scheme in any Slum Rehabilitation Area";]
(B)after the proviso, the following proviso shall be added, namely :-
"Provided further that, the State Government may delegate its powers under this sub-section to any officer not below the rank of Commissioner.";
(ii)[ in section 15,- [Sub-clause (ii) was substituted by Maharashtra 6 of 1997, Section 5(b)(ii).]
(A)for sub-section (3), the following sub-section shall be substituted, namely:-
"(3) Where the land has been acquired for the Slum Rehabilitation Authority, the State Government shall, after it has taken possession thereof, by notification in the Official Gazette, upon such conditions as may be agreed upon between Government and Slum Rehabilitation Authority, transfer the land to the Slum Rehabilitation Authority and thereupon the Slum Rehabilitation Authority may entrust, in accordance with the provisions of section 3B(4), the work of development of such area to any other agency as provided in sub-section (1) of section 13, or to a Co-operative Housing Society of the occupants of such rehabilitation area or occupants of any other area which has been declared as Slum Rehabilitation Area.";
(B)for sub-section (4), the following sub-section shall be substituted, namely :-
"(4) The Slum Rehabilitation Authority may, subject to such terms and conditions as the State Government considers expedient for securing the purposes of this Act, transfer by way of lease such land to the Co-operative Housing Societies of such occupants.";]
(iii)[ in section 17,- [Sub-clause (III) was substituted by Maharashtra 6 of 1997, Section 5(b)(iii).]
(A)for the words "Competent Authority", wherever they occur, the words, "Chief Executive Officer", shall be substituted;
(B)for the word "Tribunal", in both the places where it occurs, the words "Special Tribunal" shall be substituted;]
(iv)[ in section 18,- [Sub-clause (iv) was substituted by Maharashtra 6 of 1997, Section 5(b)(iv).]
(A)for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;
(B)for the word "Tribunal", wherever it occurs, the words "Special Tribunal" shall be substituted;]
(v)[ in section 19, for the words "Competent Authority", at both the places where they occur, the words "Chief Executive Officer" shall be substituted; [Sub-clauses (v), (vi) and (vii) were inserted by Maharashtra 6 of 1997 Section 5(b)(v).]
(vi)in section 20, including in the marginal note, for the words "Competent Authority", wherever they occur, the words "Chief Executive Officer" shall be substituted;
(vii)in section 21, for the words "Competent Authority" the words "Chief Executive Officer" shall be substituted;]
(d)in Chapter VI,-
(i)sections 22, 23, 23A and 26 shall mutatis mutandis apply to the slum rehabilitation area;
(ii)for sections 24 and 25, the following section shall be substituted, namely :-
"24, Allotment of tenements to occupants. - (1) Where an occupant of any premises in an area declared as a slum rehabilitation area has vacated, or is evicted from, such premises, on the ground that, the premises are required for the purposes of development under the Slum Rehabilitation Scheme, such occupant may, within such time as may be prescribed, sign a declaration with the Slum Rehabilitation Authority that he desired to be rehabilitated in that area after its redevelopment under the said Scheme.