Section 6 in Maharashtra Land Requisition Act, 1948
6. Requisition of vacant premises.
(1)If any premises situate in an area specified by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government by notification in the Official Gazette, are vacant on the date of such notification and wherever any such premises are vacant or become vacant after such date by reason of the landlord, the tenant or the sub-tenant, as the case may be, ceasing to occupy the premises or by reason of the release of the premises from requisition or by reason of the premises being newly erected or reconstructed or for any other reason the landlord of such premises shall give intimation thereof in the prescribed form to an officer authorised in this behalf by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.(2)The intimation shall be given [by registered post] [These words were substituted for the words 'by post' by Bombay 5 of 1952, section 3(1).] within one month of the date of the notification in the case of premises which are vacant on such date and in other cases within seven days of the premises becoming vacant or becoming available for occupation.(3)A landlord shall not, without the permission of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, let, occupy or permit to be occupied such premises before giving the intimation and for a period of one month from the date on which the intimation is received.(4)Whether or not an intimation under sub-section (1) is given and notwithstanding anything contained in section 5, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may by order in writing -(a)requisition the premises [for [any public purpose] [This portion was substituted for the words 'and may use or deal with the premises' by Bombay 39 of 1950, section 3.] and may use or deal with the premises for any such purpose] in such manner as may appear to it to be expedient; or[*****] [Clause (b) was deleted by Bombay 5 of 1952, Section 3(2).]Provided that where an order is to be made under clause (a) [requisitioning the] [These words were substituted for the words, brackets and letter 'or (b) requisitioning or requiring to let' by Bombay 5 of 1952.] premises in respect of which no intimation is given by the landlord, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall make such inquiry as it deems fit and make a declaration in the order that the premises were vacant or had become vacant, on or after the date referred to in sub-section (1) and such declaration shall be conclusive evidence that the premises were or had so become vacant.[*****] [The second proviso was deleted by Bombay 5 of 1952.](5)Any landlord who fails to give such intimation within the period specified in sub-section (2) shall, on conviction, be punishable with imprisonment for a term which may extend to three months or with fine or with both and any landlord who lets, occupies or permits to be occupied the premises in contravention of the provisions of sub-section (3), shall, on conviction, be punished with imprisonment for a term which may extend to one year and shall also be punished with fine.Explanation.- For the purposes of this section-(a)premises which are in the occupation of the landlord, the tenant or the sub-tenant as the case may be, shall be deemed to be or become vacant when such landlord ceases to be in occupation or when such tenant or sub-tenant ceases to be in occupation upon termination of his tenancy, eviction, assignment or transfer in any other manner of his interest in the premises or otherwise, notwithstanding any instrument or occupation by any other person prior to the date when such landlord, tenant or sub-tenant so ceases to be in occupation;(b)premises newly erected or re-constructed shall be deemed to be or become vacant until they are first occupied after such erection or reconstruction.
