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RNI No. MAHENG/2009/35528
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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) (Second
Amendmend) Bill, 2025 (L. A. Bill No. LXXVI of 2025), introduced in the Maharashtra Legislative
Assembly on the 8th July 2025, is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
Secretary to Government,
Law and Judiciary Department.
————————
L. A. BILL No. LXXVI OF 2025.
A BILL
further to amend the Maharashtra Slum Areas (Improvement,
Clearance and Redevelopment) Act, 1971.
WHEREAS it is expedient further to amend the Maharashtra Slum Areas
Mah. (Improvement, Clearance and Redevelopment) Act, 1971, for the purposes
XXVIII
hereinafter appearing; it is hereby enacted in the Seventy-sixth Year of the
of 1971.
Republic of India as follows :—
1. This Act may be called the Maharashtra Slum Areas (Improvement, Short title.
Clearance and Redevelopment) (Second Amendment) Act, 2025.
Mah. 2. In section 3D of the Maharashtra Slum Areas (Improvement, Clearance Amendment
XXVIII of section 3D
and Redevelopment) Act, 1971 (hereinafter referred to as “the principal Act”),
of 1971. of Mah.
in clause (b), in sub-clause (iii), in section 13, in sub-section (1), for the words XXVIII of
1971.
“one hundred and twenty days” the words “sixty days” shall be substituted.
(1)
¦ÉÉMÉ +É`ö—58--12 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉ±Ö Éõè 8, 2025/+ɹÉÉfø 17, ¶ÉEòä 1947
Amendment 3. In section 15A of the principal Act, in sub-section (1),—
of section
15A of Mah.
(i) after the words “thirty days from the completion of” the words
XXVIII of
1971. “rehabilitation component of” shall be inserted;
(ii) before the existing proviso the following proviso shall be added,
namely:—
“ Provided that, where the Slum Rehabilitation Scheme is
implemented by any public authority of State Government, constituted
under any law enacted by the State Legislature or urban local body or
planning authority or Government Undertaking Agency or any other
Government Company, as the case may be, in joint venture with the
Slum Rehabilitation Authority, within thirty days from the date of
issuance of Letter of Intent (LOI) to such Slum Rehabilitation Scheme,
the State Government or the Chief Executive Officer with the prior
approval of State Government may, declare by notification in the Official
Gazette, that such land so declared as the Slum Rehabilitation Area shall
vest in Slum Rehabilitation Authority :”;
(iii) in the existing proviso for the words “Provided that” the words
“Provided further that” shall be substituted.
Substitution 4. For section 33A of the principal Act, the following section shall be
of section 33A
of Mah. substituted, namely:–
XXVIII of
1971.
Procedure for
‘‘33A. In respect of the slum dwellers, who are in possession or
allotment of
tenements to occupation of the building or structure which is part of the Slum
slum dwellers
not willing to Rehabilitation Scheme or Slum Redevelopment Project and who are held
join Scheme
eligible for permanent alternate accommodation by the Slum
or Project.
Rehabilitation Authority or the Competent Authority, as the case may
be, and who do not join such Scheme or Project willingly, the Chief
Executive Officer or the Competent Authority shall,–
(a) ensure that provision for permanent alternate
accommodation for all such slum dwellers is made in the buildings
to be constructed for rehabilitation component of the Scheme or
Project;
(b) communicate in writing to such slum dwellers that tenement
would be given to them by way of allotment by drawing lots on the
same basis as communicated by the developer to those who have
joined the Scheme or Project;
(c) communicate to such slum dwellers that the transit tenement
of minimum 120 square feet would be allotted to them or the amount
of rent in lieu of transit accommodation as may be fixed by the Slum
Rehabilitation Authority or the Competent Authority;¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉ±Ö Éõè 8, 2025/+ɹÉÉfø 17, ¶ÉEòä 1947 3
(d) direct the eviction of such slum dwellers from the structure
under their occupation and effect demolition of such structure or
any part thereof in such manner and within such time as may be
specified in the clearance order, and for the purpose of such eviction,
may use or cause to be used such force as may be necessary;
(e) communicate in writing to the slum dwellers, who do not
join such Scheme or Project willingly and against whom action under
clause (d) is proposed that after such action they shall not be eligible
for transit tenement or for the reconstructed tenement by lots, but,
shall be entitled only to what is available after others have chosen
their tenements in the Scheme or Project;
(f) communicate in writing to such slum dwellers that, if they
do not join till the building permission to the first building of the
Scheme or Project is given, they shall lose the right to any built-up
tenement, and their tenements shall be taken over by the Slum
Rehabilitation Authority or the Competent Authority, and be used
for the purpose of accommodating other slum dwellers who cannot
be accommodated in-situ, and they shall be entitled to only pitch of
about 3 mtrs. x 3.5 mtrs. elsewhere, if and when available, and
construction thereon shall have to be done by such slum dwellers
on their own.".
5. After section 33A of the principal Act, the following section shall be Insertion of
new section
inserted, namely :–
33B in Mah.
XXVIII of
1971.
“33B. (1) The eligible slum dwellers of the Slum Rehabilitation Recovery of
Scheme or Slum Redevelopment Project, may apply to the Chief rent due from
developers.
Executive Officer or the Competent Authority, as the case may be, for
recovery of rent in lieu of transit accommodation due from the developer
of such Scheme or Project, in such manner and accompanied by such
fees, as may be determined by the authority.
(2) Where the Chief Executive Officer or the Competent Authority,
as the case may be, is satisfied that the developer of any Slum
Rehabilitation Scheme or Slum Redevelopment Project has defaulted in
paying rent in lieu of transit accommodation to the eligible slum dwellers
as agreed, the Chief Executive Officer or the Competent Authority may,
after making such enquiry in respect of any amount due, on his own
motion or on receipt of the application from the eligible slum dwellers,
issue an order for the recovery of such amount within such stipulated
time as may be specified in the order.
(3) The amount specified in every such order for recovery issued by
the Chief Executive Officer or the Competent Authority, as the case
may be, if not paid by the developer within the time specified in the
order, it shall be recoverable as an arrears of land revenue in accordance
with the law for the time being in force:
Provided that, if the person against whom the order for recovery is
issued, is a company or a limited liability partnership having no sufficient
property to satisfy the amount due under recovery order, then such
amount shall be recovered from the personal property of the directors
or partners of such company or firm, as the case may be.”.
¦ÉÉMÉ +É`ö—58--24 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉ±Ö Éõè 8, 2025/+ɹÉÉfø 17, ¶ÉEòä 1947
Amendment 6. In section 35 of the principal Act,-
of section 35
of Mah.
XXVIII of
1971.
(1) sub-section (1A) of section 35 of the principal Act, as substituted
by the Maharashtra Slum Areas (Improvement, Clearance and Mah.
XXXIII
Redevelopment) (Amendment, Re-enactment of Rules and Notification
of 2023.
of Apex and other Grievance Redressal Committees and Validation) Act,
2023, shall be deemed to have been substituted by the said Amendment
Act with effect from the 8th March 2017;
(2) sub-section (5) of section 35 of the principal Act, as amended by
the Maharashtra Slum Areas (Improvement, Clearance and Mah.
XXXIII
Redevelopment) (Amendment, Re- enactment of Rules and Notification
of 2023.
of Apex and other Grievance Redressal Committees and Validation) Act,
2023 shall be deemed to have been amended by the said Amendment
Act, with effect from the 8th March 2017.
Validation 7. Notwithstanding anything contained in the Maharashtra Slum Areas Mah.
and savings. XXVIII
(Improvement, Clearance and Redevelopment) Act, 1971 or any judgment,
of 1971.
decree or order of any court, tribunal or authority to the contrary, all acts,
proceedings or things done or taken, including the orders passed by the Apex
Grievance Redressal Committee and Grievance Redressal Committees, during
the period commencing from the 8th March 2017 and ending on the date of
commencement of the Maharashtra Slum Areas (Improvement, Clearance
Mah.
XXXIII
and Redevelopment) (Amendment, Re-enactment of Rules and Notification
of 2023.
of Apex and other Grievance Redressal Committees and Validation) Act, 2023
(hereinafter, in this section, referred to as "the Amendment Act"), under the
said Act, the Rules and the Notification, shall be deemed to be and shall be
deemed always to have been, duly and validly taken or done in accordance
with the law as if the provisions of the said Act, as amended by the Amendment
Act, had been continuously in force at all material times and accordingly, all
actions taken or proceedings or things done by any officer or authority in
connection with any Slum Rehabilitation Scheme, in pursuance of the orders
passed by the said Committees, shall for all the purposes, be deemed to be
and shall be deemed always to have been done or taken in accordance with
the provisions of the said Act, as amended by the Amendment Act.¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉ±Ö Éõè 8, 2025/+ɹÉÉfø 17, ¶ÉEòä 1947 5
STATEMENT OF OBJECTS AND REASONS
The Maharashtra Slum Areas (Improvement, Clearance and
Redevelopment) Act, 1971 (Mah. XXVIII of 1971) has been enacted to provide
for the implementation and clearance of slum areas in the State and their
redevelopment and for the protection of occupiers from eviction and distress
warrant. The said Act also provide for implementation of the Slum
Rehabilitation Scheme as well as Slum Redevelopment Projects. To bring
clarity in the provisions of Act, it is considered expedient to amend the said
Act, suitably.
2. The salient features of the proposed amendments are as under,-
(i) to reduce the period, from one hundred and twenty days to sixty
days, required for relocation and rehabilitation of protected and
other occupiers of the Slum Rehabilitation Scheme for
redevelopment of the land under sub-section (1) of section 13;
(ii) to make a provision in 15A, for the vesting of slum rehabilitation
land in the Slum Rehabilitation Authority where the Slum
Rehabilitation Schemes are implemented by any public authority,
urban local body, planning authority, Government undertaking
agencies or any other Government Company in joint venture with
the Slum Rehabilitation Authority and thereafter to lease out the
said land to such Government or semi-Government Agencies;
(iii) to amend section 33A, to elaborate the procedure for allotment of
tenements to eligible slum dwellers,suitably;
(iv) to make provision under section 33B for recovery of amount of rent
in lieu of transit accommodation, due from the developer, as an
arears of land revenue.
3. The Bill seeks to achives the above objectives.
Mumbai, EKNATH SHINDE,
Dated the 7th July 2025. Deputy Chief Minister (Housing).6 ¨É½þÉ®úɹ]õÅ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉ±Ö Éõè 8, 2025/+ɹÉÉfø 17, ¶ÉEòä 1947
MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposal for delegation of a legislative
powers, namely:—
Clause 3(ii). Under this clause, which seeks to add the proviso to
sub-section (1) of section 15A of the Act, power is taken to the State
Government or the Chief Executive Officer, with the approval of the
State Government, to declare by notification published in the Official
Gazette, that the slum rehabilitation land shall vest in the Slum
Rehabilitation Authority, where the Slum Rehabilitation Scheme is
implemented by any public authority or urban local body in joint venture
with the Slum Rehabilitation Authority.
2. The above mentioned proposal for delegation of legislative power is
of a normal character.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.