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State of Maharashtra - Section

Section 3 in The Maharashtra Housing and Area Development (Estate Management, Sale, Transfer and Exchange of Tenements) Regulations, 1981

3. Provision for estate management.

(1)Subject to the superintendence, direction and control of the Authority, every Board shall, within the area of this jurisdiction, be responsible for the management of the estate of the Authority, or for the sale, including transactions of sale on the basis of deferred payment, of tenements in any such estate, [or for transfer or exchange of residential tenements, or for permitting caretaker arrangement of residential tenements under these regulations] [These words were substituted for the words 'and intended to be used principally for residence' by G. N. of 20.11.1982.], and all other matters pertaining to the management of the estate of the Authority.
(2)The Board may, by an order in writing, also authorise such officers working under the Board or Authority not below the rank of an Estate Manager to discharge such functions and duties, and exercise such powers in relation to matters referred to in clause (1) as may be specified in the order.
(3)Save as aforesaid, subject to the general supervision of the President, the Vice-President, the Chairman and Vice-Chairman, the Chief Officer shall manage the estate of the Authority with the assistance of the officers duly authorised by the Board for the purpose of these Regulations under clause (2).
(4)The Estate Manager and other staff of the Authority appointed for the work of estate management shall be responsible to the officer of the Board for management and for that purpose may also exercise all or any of the powers specified in this Regulation.
(5)The Estate Manager may for and on behalf of and in the name of the Authority, -
(a)ask for or demand and receive payment of rent and other amount due to the Authority and give receipts for payment made to the Authority;
(b)give notices to occupiers of the tenements for and in relation to the recovery of rent, eviction, re-entry or re-taking possession of the tenements, unauthorised additions and alterations therein or breach of any of the terms and conditions of the agreement or lease or any other purpose whatsoever under any law, agreement, lease or order of the authority, as the case may be;
(c)report cases of persons falling under section 66 of the Act to the Competent Authority, and furnish for the said purpose, necessary information, files, documents and other evidence, reenter, re-take or resume possession of any tenement whenever required or remove any unauthorised occupier of any tenement, with the requisite assistance of the other employees of the Authority;
(d)institute, maintain or conduct legal proceedings for recovery of claims, eviction, distress and defend legal proceedings instituted against the authority. Board or any officer thereof in the discharge of his official duties, and may also sign, verify, declare, affirm and present plaints, petitions, applications, affidavits, appeal memoranda, vakalatnamas for Counsel and Advocates, or Solicitors engaged by the Authority; and
(e)generally do such acts, deeds and things and execute such documents or instruments as may be proper and necessary for all or any of the purposes aforesaid.
(6)All amounts recovered by any officer under these Regulations or in pursuance of any documents or instruments, shall be credited forthwith to the fund of the Authority.Explanation. - [* * *] [Explanation was deleted by G. N. of 9.7.1992.]