Section 103C in Maharashtra Housing and Area Development Act, 1976
103C. Prohibition on transfer of land or building by society.
(1)After the land is transferred to the co-operative society under sub-section (7) of section 103B, the society shall use the same for the purpose for which it was used before its acquisition by carrying out structural repairs to building thereon or reconstruction of new building in lieu of existing building, as the case may be, as provided in this Chapter and for no other purpose.(2)Save as otherwise expressly provided in this Chapter and notwithstanding anything contained in any law for the time being in force, no co-operative society shall transfer such land or building or interest therein, or no member or tenant of the co-operative society shall transfer his interest in any tenement by sale, gift, exchange, leave and licence, assignment or lease; and any such transfer by way of sale, gift, exchange, leave and licence, assignment or lease by the co-operative society of any land vesting in it by or under the provisions of this Chapter or transfer by the member or tenant of his interest as aforesaid shall be void,(3)If the co-operative society contravenes the provisions of sub-section (1) or enters into any transaction which is void under sub-section (2), or if the society is not functioning, it shall be lawful for the Authority to resume such land and building from such society after making full payment to the society of the amount of the acquisition which the society has paid for such land and building and upon such resumption to transfer the same to any other co-operative society of the occupants of the tenements in the transit camp provided by the Authority, on payment of the acquisition price which was paid by the co-operative society for whom the land was acquired.(4)(a)Any person who enters into any transaction which is void under subsection (2) shall -(i)if he is a member of the co-operative society, cease to be such member and be evicted;(ii)if he is a tenant, then notwithstanding anything contained in the Rent Act, be evicted.(b)Any person claiming through such member or tenant shall also be liable to be evicted.(5)The Competent Authority appointed under section 65 shall be the Competent Authority for the purposes of eviction of persons referred to in sub-section (4) and shall follow the same procedure as prescribed in section 66 for such eviction as if the premises were Authority premises and thereupon the provisions of Chapter VI shall mutatis mutandis apply in respect of orders passed by the Competent Authority as they apply to the orders passed under Chapter VI.
