Definitions.

§2

Summary

In this Act, unless the context requires otherwise,- (1) "amenity" includes road, bridge, any other means of communication, transport, supply of water and electricity, any other source of energy, street lighting, drainage, sewerage, educational and welfare projects, markets and conservancy, and any convenience which the State Government may, in consultation with the Authority, from time to time by notification in the Official Gazette, specify to be an amenity required for leading a wholesome civic life for the purposes of this Act ; (2) "appointed day" means the day on which the Authority is duly constituted under section 6 ; (3) "Authority" means the Maharashtra Housing and Area Development Authority established under section 3 ; (4) "Authority premises" means any premises belonging to, or vesting in, the Authority, or taken on lease by the Authority, or entrusted to, or placed at the disposal of, the Authority for management and use for the purposes of this Act. Explanation.- In this clause "Authority premises" includes any premises taken by persons from the Authority under hire-purchase agreement, during the period any payments are to be made by such person to the Authority under such agreement or until such agreement is duly terminated ; (5) "betterment charges" means charges payable under section 53 ; (6) "Board" means a Board established under section 18 ; (7) "Building" for the purposes of Chapter VIII, means building in respect of which the cess is levied under that Chapter and includes a tenement let or intended to be let or occupied separately and a house, out-house, stable, shed, hut and every other such structure but does not include any such building or structure which as a whole is unauthorised or any building which is a temporary building as defined in clause (sb) of section 3 of 1[the Mumbai Municipal Corporation Act (Bom. III of 1888)]; (8) "bye-laws" means bye-laws made under section 186 ; (9) "cess" means a tax on lands and buildings levied or leviable under Chapter VIII of this Act ; (10) "Chairman" and "Vice-Chairman" means the Chairman and the Vice-Chairman, respectively of a Board ; (11) "Competent Authority" means an officer appointed to be the Competent Authority under section 65 ; (12) "co-operative society" means a co-operative housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) ; (13) "development", with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, or over, or under, any land (including land under sea, creek, river, lake or any other water) or the making of any material change in any building or land, and includes re-development and layout and sub-division of any land, also the provision of amenities and "to develop" shall be constructed accordingly ; (14) "existing Board" means,- (i) the Maharashtra Housing Board constituted under the Bombay Housing Board Act, 1948 (Bom. LXIX of 1948), (ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950 (M.P. XLIII of 1950), (iii) the Bombay Building Repairs and Reconstruction Board constituted under the Bombay Building Repairs and Reconstruction Board Act, 1969 (Mah. XLVII of 1969), (iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum Improvement Board Act, 1973 (Mah. XXIII of 1973), (v) 2[* * * * *] functioning in the State or any part thereof immediately before the appointed day ; (15) "fund of the Authority" means the fund of the Authority referred to in section 34 ; (16) "land" includes open sites and land which is being built upon or is already built upon, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; and also include land under sea, creek, river, lake or any other water ; (17) "Land Acquisition Officer" means an officer appointed as such under section 49 of this Act ; (18) "member"- (i) in relation to the Authority, means a member of the Authority including the President and the Vice-President thereof, (ii) in relation to a Board, means a member of the Board including the Chairman and the Vice-Chairman thereof, (iii) in relation to a Panchayat, means a member of a Panchayat including the Sarpanch and Upa-Sarpanch thereof ; (19) "Metropolitan Act" means 3[the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975)] ; (20) "Metropolitan Authority" means 4[the Mumbai Metropolitan Region Development Authority] established under the Metropolitan Act ; (21) "Metropolitan Region" has the meaning assigned to it in the Metropolitan Act ; (22) "Municipal Commissioner" means the Municipal Commissioner of a Municipal Corporation ; (23) "Municipal Corporation" means a Municipal Corporation established or constituted under any law for the time being in force in the State ; (24) "Municipal Council" means a Municipal Council established under 5the Maharashtra Municipal Councils Act, 1965 (Mah. XL of 1965) ; (25) "occupier" includes- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable ; (b) an owner in occupation of, or otherwise using, his land, or building ; (c) a rent-free tenant of any land or building ; (d) a licensee in occupation of any land or building ; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building ; (26) "owner", when used with reference to any building or land or a part thereof, let or intended to be let or occupied separately, means the person who receives the rent of such building or land or a part thereof, or who will be entitled to receive the rent thereof if the building or land or a part thereof were let and includes- (a) an agent or trustee who receives such rent on account of the owner, (b) an agent or trustee, who receives the rent of, or is entrusted with, or concerned for, any building, land or part thereof devoted to religious or charitable purposes, or (c) a receiver, sequestrator, or manager appointed by any court of competent jurisdiction to have the charge of or to exercise the rights of an owner of the said building, land or part thereof, (d) a mortgagee in possession ; (27) "premises" means any land or building, or part of a building, whether authorises or otherwise, and includes- (a) gardens, grounds and out-houses, if any, appertaining to such building or part of a building ; (b) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof ; and (c) building or a part of building let or intended to be let or occupied separately ; (28) "prescribed" means prescribed by rules ; (29) "President" and "Vice-President" means the President and Vice-President, respectively, of the Authority ; (30) "rateable value", in relation to a building in any area, has the meaning assigned to it in the relevant municipal law in force in such area ; (31) "regulations", means regulations made under section 185 ; (32) "relevant municipal law" means- (a) 6[the Mumbai Municipal Corporation Act (Bom. III of 1888),] (b) 7the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949). (c) the City of Nagpur Corporation Act, 1948 (C. P. and Berar Act II of 1950) ; (d) 8the Maharashtra Municipal Councils Act, 1965 (Mah. XL of 1965) ; (33) "Rent Act" means the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) ; (34) "rules" means rules made by the State Government under section 184 ; (35) "Slum improvement area" means any area declared as such by a Board under sub-section (1) of section 108 ; (36) "structural repairs" for the purposes of Chapter VIII means repairs or replacement of decayed, cracked, or out of plumb structural components of common access, such as, staircases, passages, water closets or privies by new ones of the like material or materials, or of different material or materials including change in the mode of construction like converting load bearing wall type or timber framed structure to an R.C.C. one, or a combination of both, which repairs or replacement in the opinion of the Board, if not carried out expeditiously, may result in the collapse of the building or any such part thereof ; and "structural repairs" includes repairs and replacement of all items which are required to be repaired or replaced as a consequence of the repairs or replacement aforesaid which are carried out or to be carried out, and also repairs and replacement of the roof (but not replacement of the tiles only) and of the drain pipes (including house gallies) fixed to the building, which, if not repaired or replaced simultaneously with structural repairs would cause further damage to the building. When such repairs to any building or any part thereof are carried out by the Board the building shall be deemed to be structurally repaired under this Act ; (37) "Town Planning Act" means the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) ; (38) "Tribunal" means the Tribunal constituted under section 73 ; (39) "year" means a year commencing on the first day of April ; (41) "Zilla Parishad" means a Zilla Parishad established under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).

In this Act, unless the context requires otherwise,- (1) "amenity" includes road, bridge, any other means of communication, transport, supply of water and electricity, any other source of energy, street lighting, drainage, sewerage, educational and welfare projects, markets and conservancy, and any convenience which the State Government may, in consultation with the Authority, from time to time by notification in the Official Gazette, specify to be an amenity required for leading a wholesome civic life for the purposes of this Act ; (2) "appointed day" means the day on which the Authority is duly constituted under section 6 ; (3) "Authority" means the Maharashtra Housing and Area Development Authority established under section 3 ; (4) "Authority premises" means any premises belonging to, or vesting in, the Authority, or taken on lease by the Authority, or entrusted to, or placed at the disposal of, the Authority for management and use for the purposes of this Act. Explanation.- In this clause "Authority premises" includes any premises taken by persons from the Authority under hire-purchase agreement, during the period any payments are to be made by such person to the Authority under such agreement or until such agreement is duly terminated ; (5) "betterment charges" means charges payable under section 53 ; (6) "Board" means a Board established under section 18 ; (7) "Building" for the purposes of Chapter VIII, means building in respect of which the cess is levied under that Chapter and includes a tenement let or intended to be let or occupied separately and a house, out-house, stable, shed, hut and every other such structure but does not include any such building or structure which as a whole is unauthorised or any building which is a temporary building as defined in clause (sb) of section 3 of 1[the Mumbai Municipal Corporation Act (Bom. III of 1888)]; (8) "bye-laws" means bye-laws made under section 186 ; (9) "cess" means a tax on lands and buildings levied or leviable under Chapter VIII of this Act ; (10) "Chairman" and "Vice-Chairman" means the Chairman and the Vice-Chairman, respectively of a Board ; (11) "Competent Authority" means an officer appointed to be the Competent Authority under section 65 ; (12) "co-operative society" means a co-operative housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) ; (13) "development", with its grammatical variations, means the carrying out of building, engineering, mining or other operations in, or over, or under, any land (including land under sea, creek, river, lake or any other water) or the making of any material change in any building or land, and includes re-development and layout and sub-division of any land, also the provision of amenities and "to develop" shall be constructed accordingly ; (14) "existing Board" means,- (i) the Maharashtra Housing Board constituted under the Bombay Housing Board Act, 1948 (Bom. LXIX of 1948), (ii) the Vidarbha Housing Board constituted under the Madhya Pradesh Housing Board Act, 1950 (M.P. XLIII of 1950), (iii) the Bombay Building Repairs and Reconstruction Board constituted under the Bombay Building Repairs and Reconstruction Board Act, 1969 (Mah. XLVII of 1969), (iv) the Maharashtra Slum Improvement Board constituted under the Maharashtra Slum Improvement Board Act, 1973 (Mah. XXIII of 1973), (v) 2[* * * * *] functioning in the State or any part thereof immediately before the appointed day ; (15) "fund of the Authority" means the fund of the Authority referred to in section 34 ; (16) "land" includes open sites and land which is being built upon or is already built upon, benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth; and also include land under sea, creek, river, lake or any other water ; (17) "Land Acquisition Officer" means an officer appointed as such under section 49 of this Act ; (18) "member"- (i) in relation to the Authority, means a member of the Authority including the President and the Vice-President thereof, (ii) in relation to a Board, means a member of the Board including the Chairman and the Vice-Chairman thereof, (iii) in relation to a Panchayat, means a member of a Panchayat including the Sarpanch and Upa-Sarpanch thereof ; (19) "Metropolitan Act" means 3[the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975)] ; (20) "Metropolitan Authority" means 4[the Mumbai Metropolitan Region Development Authority] established under the Metropolitan Act ; (21) "Metropolitan Region" has the meaning assigned to it in the Metropolitan Act ; (22) "Municipal Commissioner" means the Municipal Commissioner of a Municipal Corporation ; (23) "Municipal Corporation" means a Municipal Corporation established or constituted under any law for the time being in force in the State ; (24) "Municipal Council" means a Municipal Council established under 5the Maharashtra Municipal Councils Act, 1965 (Mah. XL of 1965) ; (25) "occupier" includes- (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable ; (b) an owner in occupation of, or otherwise using, his land, or building ; (c) a rent-free tenant of any land or building ; (d) a licensee in occupation of any land or building ; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building ; (26) "owner", when used with reference to any building or land or a part thereof, let or intended to be let or occupied separately, means the person who receives the rent of such building or land or a part thereof, or who will be entitled to receive the rent thereof if the building or land or a part thereof were let and includes- (a) an agent or trustee who receives such rent on account of the owner, (b) an agent or trustee, who receives the rent of, or is entrusted with, or concerned for, any building, land or part thereof devoted to religious or charitable purposes, or (c) a receiver, sequestrator, or manager appointed by any court of competent jurisdiction to have the charge of or to exercise the rights of an owner of the said building, land or part thereof, (d) a mortgagee in possession ; (27) "premises" means any land or building, or part of a building, whether authorises or otherwise, and includes- (a) gardens, grounds and out-houses, if any, appertaining to such building or part of a building ; (b) any fitting affixed to such building or part of a building for the more beneficial enjoyment thereof ; and (c) building or a part of building let or intended to be let or occupied separately ; (28) "prescribed" means prescribed by rules ; (29) "President" and "Vice-President" means the President and Vice-President, respectively, of the Authority ; (30) "rateable value", in relation to a building in any area, has the meaning assigned to it in the relevant municipal law in force in such area ; (31) "regulations", means regulations made under section 185 ; (32) "relevant municipal law" means- (a) 6[the Mumbai Municipal Corporation Act (Bom. III of 1888),] (b) 7the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949). (c) the City of Nagpur Corporation Act, 1948 (C. P. and Berar Act II of 1950) ; (d) 8the Maharashtra Municipal Councils Act, 1965 (Mah. XL of 1965) ; (33) "Rent Act" means the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) ; (34) "rules" means rules made by the State Government under section 184 ; (35) "Slum improvement area" means any area declared as such by a Board under sub-section (1) of section 108 ; (36) "structural repairs" for the purposes of Chapter VIII means repairs or replacement of decayed, cracked, or out of plumb structural components of common access, such as, staircases, passages, water closets or privies by new ones of the like material or materials, or of different material or materials including change in the mode of construction like converting load bearing wall type or timber framed structure to an R.C.C. one, or a combination of both, which repairs or replacement in the opinion of the Board, if not carried out expeditiously, may result in the collapse of the building or any such part thereof ; and "structural repairs" includes repairs and replacement of all items which are required to be repaired or replaced as a consequence of the repairs or replacement aforesaid which are carried out or to be carried out, and also repairs and replacement of the roof (but not replacement of the tiles only) and of the drain pipes (including house gallies) fixed to the building, which, if not repaired or replaced simultaneously with structural repairs would cause further damage to the building. When such repairs to any building or any part thereof are carried out by the Board the building shall be deemed to be structurally repaired under this Act ; (37) "Town Planning Act" means the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) ; (38) "Tribunal" means the Tribunal constituted under section 73 ; (39) "year" means a year commencing on the first day of April ; (41) "Zilla Parishad" means a Zilla Parishad established under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962).

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