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Maharashtra Government Premises (Eviction) Act, 1956
Act No. 2 of 1956
MH89
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LEGISLATIVE HISTORY 6 |
(a) "competent authority" means an officer appointed as the competent authority under section 3;
[(b)] "Government premises" means any premises belonging to, [* * *] or taken on lease by the State Government, and includes [the premises requisitioned or continued under requisition under the Bombay Land Requisition Act, 1948 and allotted by the State Government for any non-residential purpose to any department or office of the State Government or Central Government or any public sector undertaking or corporation owned or controlled fully or partly by the State Government or any co-operative society registered under the Maharashtra Co-operative Societies Act, 1960 or any foreign consulate, by whatever name called, and on the date of coming into force of the Bombay Rents, Hotel and Lodging House Rates Control, Bombay Land Requisition and Bombay Government Premises (Eviction) (Amendment) Act, 1996, [are in their occupation or possession]and], any premises taken on behalf of the State Government on the basis of tenancy or other like relationship by, or in the name of, any officer subordinate to the State Government authorised in this behalf [and also includes any premises, belonging to, or taken on lease or held by, or on behalf of-
(i) any company as defined in section 3 of the Companies Act, 1956 in which not less than fifty-one per cent of the paid-up share capital is held by the State Government;
(ii) any Corporation (not being any such. company or a local authority) established by or under any Central or State Act and owned or controlled fully or partly by the State Government];
[(iii) a wakf, registered with the Maharashtra State Board of Wakfs.]
(c) "land" includes benefits to arise out of land and things attached to the earth or permanently fastened to the earth or permanently fastened to anything attached to the earth;
(d) "premises" means any land or building or part of a building and includes -
(i) the garden, grounds and out-houses, if any, appertaining to such building or part of a building; and
(ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof:
(e) "prescribed" means prescribed by rules made under this Act.
3. Appointment of competent authorities. - The State Government may, by notification in the Official Gazette, appoint an officer who is holding or has held an office, which in its opinion is not lower in rank than that of a Deputy Collector or an Executive Engineer, to be the competent authority for carrying out the purposes of this Act [in such area, or in respect of such premises or class of premises in any area, as may be specified in the notification, and more than one officer may be appointed as competent authority in the same area in respect of different premises or different classes of premises]. 4. Power to evict. - (1) If the competent authority is satisfied -(a) that the person authorised to occupy any Government premises, has whether before or after the commencement of this Act,-
(i) not paid rent lawfully due from him in respect of such premises for a period of more than two months, or
(iii) otherwise acted in contravention of any of the terms, express or implied under which he is authorised to occupy such premises, or
(b) that any person is in unauthorised occupation of any Government premises, or
(c) that any Government premises named are required for any other Government purposes, the competent authority may, [* * * *] by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that that person as well as any other person who may be occupation of the whole or any part of the premise, shall vacate them within one month of the date of the service of the notice.
[(2) Before an order under sub-section (1) is made against any person the competent authority shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. The notice shall-(a) specify the ground on which the order of eviction is proposed to be made; and
(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the Government premises, to show cause, if any, against the proposed order, on or before such date as is specified in the notice.
If such person makes an application to the competent authority for extension of the period specified in the notice, the competent authority may grant the same on such terms as to payment and recovery of the amount claimed in the notice, as it deems fit. Any written statement put in by any person and documents produced in pursuance of the notice shall be filed with the record of the case and such person shall be entitled to appear before the officer proceeding in this connection by advocate, attorney or pleader. The notice to be served under this sub-section shall be served by having it affixed on the outer door or on some conspicuous part of the premises, and in such manner as may be prescribed; and thereupon the notice shall be deemed to have been duly given to all persons concerned.] (3) If any person refuses or fails to comply with an order made under subsection (1), the competent authority may evict that person from, and take possession of, the premises and may for that purpose use such force as may be necessary. (4) The [competent authority] may, after giving fourteen clear days' notice to the person from whom possession of the Government premises has been taken under sub-section (3) and after publishing such notice in the Official Gazette and in at least one newspaper having circulation in the locality, remove or cause to be removed or dispose of by public auction any property remaining on such premises. Such notice shall be served in the manner provided for service of notice under sub-section (1). (5) Where the property is sold under sub-section (4), the sale proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the [competent authority] to be entitled to the same: [Provided that where the competent authority is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the appointment of the same, he shall refer such dispute to a civil court of competent jurisdiction, and the decision of the court thereon shall be final.] (6) If a person who has been ordered to vacate any Government premises for the reasons specified in sub-clause (i) or (iii) of clause (a) of sub-section (1) within one month of the date service of the notice or such longer time as the competent authority may allow, pays to the said competent authority the rent in arrears or carries out or otherwise complies with the terms contravened by him to the satisfaction of the said competent authority, as the case may be, the said competent authority shall in lieu of evicting such person under sub-section (3), cancel its order made under sub-section (1) and thereupon such person shall hold the premises on the same terms on which he held them immediately before such notice was served on him. Explanation.- For the purposes of this section and section 5, the expression "unauthorised occupation" in relation to any person authorised to occupy any Government premises, includes the continuance in occupation by him or by any person claiming through or under him of the premises after the authority under which he was allowed to occupy the premises has been duly determined. 5. Power to recover rent or damages as arrears of land revenue. - (1) Subject to any rules made by the State Government in this behalf and without prejudice to the provisions of section 4, where any person is in arrears of rent payable in respect of any Government premises, the competent authority may, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the same within such time not less than ten days as may be specified in the notice. If such person refuses or fails to pay the arrears of rent within the time specified in the notice, such arrears may be recovered as arrears of land revenue. (2) Where any person is in unauthorised occupation of any Government premises, the competent authority may, [in the manner and having regard to the principles of assessment of damages, prescribed], assess such damages on account of the use and occupation of the premises as it may deem fit, and may, by notice served (i) by post, or (ii) by affixing a copy of it on the outer door or some other conspicuous part of such premises, or (iii) in such other manner as may be prescribed, order that person to pay the damages within such time as may be specified in the notice. If such person refuses or fails to pay the damages within the time specified in the notice, the damages may be recovered from him as arrears of land revenue. (3) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling on him to show cause, within a reasonable period to be specified in such notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the competent authority. [6. Rent to be recovered by deduction from salary or wages of employee. - (1) Without prejudice to the provisions of section 4, where any person to whom Government premises have been allotted, is-(a) an employee of the State Government, or
(b) an employee of a local authority, who has executed an agreement as provided in sub-section (2), and is in arrears of rent payable in respect of such Government premises, the amount of rent due in respect of such premises shall on a requisition in writing made in that behalf by the competent authority be liable to be deducted from the salary or wages payable to such person. On receipt of such requisition, the head of the Government department or office under whom such person is employed, or, as the case may be, the local authority, shall deduct from the salary or wages payable to such person the amount specified in the requisition, and pay the amount so deducted to the competent authority in satisfaction of the amount due as aforesaid.
(2) An employee of a local authority who is allotted Government premises may execute an agreement in favour of the State Government providing that the local authority by or under whom he is employed shall be competent to deduct from time to time from the salary or wages payable to him, such amount as is specified in the agreement, and to pay the amount so deducted to the competent authority in satisfaction of any amounts due by him in respect of any Government premises allotted to him. 6A. Power of competent authorities. - A Competent authority shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:-(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) any other matter which may be prescribed.
7. Appeals. - (1) An appeal shall lie from every order of the competent authority, made in respect of any Government premises, under section 4 or section 5 to an appellate officer who shall be the District Judge of the district in which the Government premises are situate, or such other judicial officer in that district, being a judicial officer of not less than ten years' standing, as the District Judge may designate in this behalf. (2) An appeal under sub-section (1) shall be preferred-(a) in the case of an appeal from an order under section 4, within thirty days from the date of the service of the notice relating to the order under subsection (1) of the section; and
(b) in the case of an appeal from an order under section 5, within thirty days from the date of the service of the notice relating to the order under subsection (1) or (2) of that section, as the case may be:
Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (3) Where an appeal is preferred from an order of the competent authority, the appellate officer may stay the enforcement of that order for such period, and on such conditions as he deems fit. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. (5) For the purposes of this section, Greater Bombay shall be deemed to be a district and the principal Judge of the City Civil Court, Bombay shall be deemed to be the District Judge of the district. 8. Finality of orders. - Save as otherwise expressly provided in this Act, every order made by a competent authority or appellate officer under this Act shall be final, and shall be called in question in any original suit, application or execution proceeding.] [8A. Bar of jurisdiction. - No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person from any Government premises on any of the grounds specified in section 4 or the recovery of the arrears of rent or the damages payable for use or occupation of such premises.] 9. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the State Government or the competent authority in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any rules or orders made thereunder. 10. [Delegation.] Deleted by Bombay 62 of 1959, Section 8. 11. Penalty. - Any person who obstructs the lawful exercise of any power conferred by or under this Act shall, on conviction, be punished with fine which may extend to one thousand rupees. 12. Rules. - (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-(a) the forms of notices and the other manner in which they may be served;
[(aa) the holding of inquiries under this Act;]
(b) the procedure to be followed in taking possession of Government premises;
(c) the manner in which damages for unauthorised occupation may be assessed [and the principles which may be taken into account in assessing such damages];
(d) the manner in which appeals may be preferred and the procedure to be followed in appeals;
(e) any other matter which has to be or may be prescribed.
[(3) All rules made under this section shall be laid for not less than thirty days before each House of the Legislature as soon as possible after they are made, and shall be subject to such modifications, as the Legislature may make during the session in which they are so laid, or the session immediately following.]Notifications
G. N., L. & S. W. D., No. INT. 1559-M, dated 14th January, 1960 (B. G., part IV-B, pages 105) - In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Government Premises (Eviction) (Extension and Amendment) Act, 1959 (Bombay LXII of 1959), the Government of Bombay hereby appoints the 1st day of March 1960 to be the date on which the said Act shall come into force in the whole of the State of Bombay. G. N., R., H. & B. C. D., No. DDC, 5055, dated 3rd February, 1956 (B. G., part IV-B, pages 128) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) the Government of Bombay hereby appoints the Director, D. D. Chawls, Bombay, to be the Competent Authority for carrying out the purposes of the said Act in the area comprising of the Bombay Development Department Chawls situated in the City of Bombay at Worli, Delisle Road, Naigaum and Sewri. G. N., R., H. & B. C. D., No, GEN. 1656/C-828-C, dated 9th June, 1956 (B. G., part IV-B, pages 788) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Bombay hereby appoints the Custodian of Evacuee Property, Bombay, to be the Competent Authority for carrying out the purposes of the said Act in the area comprising of the Fort Ward, as defined in Schedule B to section 24 of the Bombay Municipal Corporation Act, 1888. G. N., R., H. & B. C. D., No. DDC. 5255, dated 18th July, 1956 (B. G., part IV-B. pages 897) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Bombay hereby appoints the Director, D. D. Chawls, Bombay, to be the Competent Authority for carrying out the purposes of the said act in the areas comprising of the following Municipal Wards of the Greater Bombay:- 1. Khara Talao. 2. 'H' Ward. 3. 'K' Ward. 4. 'N' Ward. G. N., P. W. D., No. LNB. 5156-A, dated 31st August, 1956 (B. G., part IV-B, pages 1045) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Bombay hereby appoints the Executive Engineer, Poona Division, Poona, to be the Competent Authority for carrying out the purposes of the said Act in the area comprising of Ward No. 17, Poona Suburban Area, Poona, in which the quarters allotted to the Manager, Government Photo Registry, are situated, G. N., L. & S. W. D., No. DDC. 5058, dated 21st August, 1958 (B. G., part IV-B, pages 847) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Bombay hereby appoints the Deputy Commissioner of Police (Headquarters), Greater Bombay, to be the Competent Authority for carrying out the purposes of the said Act in the area comprising of Municipal Ward 'A' of Greater Bombay. G. N., L. & S. W. D., No. DDC. 5058-158903-G, dated 20th December, 1958 (B. G., part TV-B, pages 34) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Bombay hereby appoints the District Deputy Collector, Bombay Suburban District, to be the Competent Authority for carrying out the purposes of the said Act in the areas comprising of the following Municipal Wards of Greater Bombay:- (1) 'B' Ward. (2) 'C' Ward (excluding the area of "Khara Talao"). (3) 'D' Ward. (4) 'E' Ward. (5) 'G' Ward (excluding the area of Bombay Development Department Chawls situated at Worli). G. N. L. & S. W. D., No. DDC. 5359-G, dated 23rd May, 1959 (B. G., part IV-B, pages 737) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Bombay hereby appoints Prant Officer, Nasik Prant, to be the Competent Authority for carrying out the purposes of the said Act in the area comprising the District of Nasik. G. N., L. & S. W. D., No. TBC. 1058/71010-B, dated 2nd December, 1959 (B. G., part IV-B, pages 1641) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) and in supersession of Government Notification, Rehabilitation, Housing and Backward Classes Department, No. HLS. 1335-A, dated the 22nd May 1956, the Government of Bombay hereby appoints the Additional Collector, Bombay Suburban District to be the Competent Authority for carrying out the purposes of the said Act in the area comprised in the Thakkar Bapa Colony situated in Survey No. 14 of Chembur in the Bombay Suburban District. G. N. L. & S. W. D., No. DDC. 5059-G, dated 13th April, 1960 (B. G., part IV-B, pages 516) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) (Extension and Amendment) Act, 1959, the Government of Bombay hereby appoints the following officers of the Forest Department to be the Competent Authorities for carrying out the purposes of the said Act in respect of the areas within their respective jurisdictions:- 1. Divisional Forest Officer, Panchmahals (Godhra), 2. Divisional Forest Officer, Baria (Devgadh Baria), 3. Divisional Forest Officer, Chhota Udepur (Chhota Udepur), 4. Divisional Forest Officer, Rajpipla (Rajpipla), 5. Divisional Forest Officer, Banaskantha (Palanpur), [6. Divisional Forest Officer, Dhulia], 7. Divisional Forest Officer, Sabarkantha (Himatnagar), 8. Divisional Forest Officer, North Khandesh (Dhulia), 9. Divisional Forest Officer, East Kandesh (Jalgaon), 10. Divisional Forest Officer, East Nasik (Nasik), 11. Divisional Forest Officer, West Nasik (Nasik), 12. Divisional Forest Officer, Dangs (Ahwa), 13. Divisional Forest Officer, Vyara (Vyara), 14. Divisional Forest Officer, Surat (Bulsar), 15. Divisional Forest Officer, North Thana (Dahanu), 16. Divisional Forest Officer, East Thana (Shahapur), 17. Divisional Forest Officer, West Thana (Thana) 18. Divisional Forest Officer, Kolaba (Alibag), 19. Sub-Divisional Forest Officer, Janjira (Roha), 20. Sub-Divisional Officer, Sawantwadi (Sawantwadi), 21. Divisional Forest Officer, Poona (including Ahmednagar), 22. Divisional Forest Officer, Satara (Satara), 23. Divisional Forest Officer, Kolhapur (Kolhapur). G.N., U.D. & P.H.D., No. EVC. 1163/E-(a), dated 14th May, 1964 (M.G., part IV-B, P.511) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Maharashtra hereby appoints the Deputy Director of Industries, Nagpur, to be the Competent Authority for carrying out the purposes of the said Act in respect of the Government premises in the industrial estates situated in the Vidarbha region of the State of Maharashtra. G.N., U.D. & P.H.D., No. EVC. 1264/19206-E, dated 17th July, 1964 (M.G., part IV-B, P.968) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) and in modification of Government Notification in the Labour and Social Welfare Department, No. DDC. 5059-G, dated the 13th April 1960, the Government of Maharashtra hereby appoints the Rehabilitation Officer, Koyna Hydro-Electric Project Koyna, to be the Competent Authority for carrying out the purposes of the said Act in respect of all Government premises included in the Koyna Project in the Satara and Ratnagiri Districts. G.N., U.D. & P.H.D., No. EVC. 1263/52871-E, dated 12th August, 1964 (M.G., part IV-B, P.1081) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of Government Notification, Urban Development and Public Health Department, No. EVC. 1162/ 3071-E, dated the 27th August 1962, the Government of Maharashtra hereby appoints the following officers to be the Competent Authorities for carrying out the purposes of the said Act in respect of all Government premises (not being premises in industrial estates) in the areas within their respective jurisdiction, namely:- 1. Resident Deputy Collector, Buldhana. 2. Resident Deputy Collector, Akola. 3. Resident Deputy Collector, Amravati. 4. Resident Deputy Collector, Yeotmal, 5. Resident Deputy Collector, Wardha. 6. Resident Deputy Collector, Nagpur. 7. Resident Deputy Collector, Bhandara. 8. Resident Deputy Collector, Chanda. G.N., U.D. & P. H. D., No., EVC. 1563/23732-E, dated 7th September, 1964 (M.G., part IV-B, pages 1331) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in modification of the Government Notification in the Urban Development and Public Health Department, No. EVC. 1162/7412-E, dated the 7th March 1962, and of all other notifications issued in that behalf, the Government of Maharashtra hereby appoints the Deputy Director of Industries, Poona to be the Competent Authority for carrying out the purposes of the said Act in respect of the Government premises in the industrial estates situated in the districts of Poona and Satara.Partially modified by G.N., U.D. & P. H.D., No. EVC. 1174/65682-L, dated 20th March, 1975 (M.G., part IV-8, pages 426)
Partially modified by G. N., P. W. & H. D., No. EVC. 1174/65682-D-43, dated 11th December, 1975 (M.G., part IV-8, pages 1361)
G.N., U.D. & P. H. D., No. EVC. 1164/40217-E, dated 1st February, 1965 (M.G., part IV-B, pages 463) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of Government Notifications, Urban Development and Public Health Department, (1) No. EVC, 1162/7412-E, dated the 7th March 1962, (2) No. EVC, 1163-E, dated the 20th April 1963 and (3) No. EVC. 1163-E, dated the 25th March 1964, the Government of Maharashtra hereby appoints the following officers to be the Competent Authorities for carrying out the purposes of the said Act in respect of all Government premises (not being premises in industrial estates, premises included in the Koyna Project in the Satara and Ratnagiri Districts and premises on forest lands which are in charge of Divisional Forest Officers) in the areas within their respective jurisdiction namely:-Bombay Division
1. Resident Deputy Collector, Thana. 2. [* * *] 3. Resident Deputy Collector, Ratnagiri. 4. Resident Deputy Collector, Nasik. 5. [* * * *] 6. Resident Deputy Collector, Jalgaon.Poona Division
7. Resident Deputy Collector, Ahmadnagar. 8. Resident Deputy Collector, Poona. 9. Resident Deputy Collector, Satara. 10. Resident Deputy Collector, Sangli. 11. Resident Deputy Collector, Sholapur. 12. Resident Deputy Collector, Kolhapur.Aurangabad Division
13. Resident Deputy Collector, Aurangabad. 14. Resident Deputy Collector, Parbhani. 15. Resident Deputy Collector. Bhir. 16. Resident Deputy Collector, Nanded. 17. Resident Deputy Collector, Osmanabad G. N., R. & F. D., No. EVC. 1181/10016/114/R-7, dated 9th July, 1982 (M.G., part IV-B, pages 673). - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) and in supersession of Government Notification, Urban Development, Public Health and Housing Department, No. EVC. 1171/52965/E, dated the 28th August 1971, the Government of Maharashtra hereby appoints the Additional Collector, Thane (Ulhasnagar Township), Ulhasnagar, to be the competent authority for carrying out the purpose of the said Act, in respect of Government premises (not being Premises in industrial Estates) within the municipal area of the Ulhasnagar Municipal Council excluding survey numbers 169-A, 169B, 170, 171, 172, 173, 174, 175, 176, 177-A, 177-B, 178, 179, 180, 181 and 182 of village Shahad. G. N., U. D., P. H. & N.D., No. EVC. 1571/70659(1)-E, dated 6th June, 1973 (M.G., part IV-B, pages 1172) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Maharashtra hereby appoints the Joint Director of Industries, Aurangabad, to be the Competent Authority for carrying out the purposes of the said Act, in respect of the Government premises in the Industrial Estates, situated in the Aurangabad region of the State of Maharashtra. G. N., U. D., P. H. & H. D., No. EVC.1571/70659(2)-E, dated 6th June, 1973 (M.G., part IV-B, pages 1172) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of Government Notification, Urban Development Public Health and Housing Department, No. EVC. 1163/E(a), dated the 14th March 1964, the Government of Maharashtra hereby appoints the Joint Director of Industries Nagpur, to be the Competent Authority for carrying out the purposes of the said Act, in respect of the Government premises in the Industrial Estates, situated in the Vidarbha region of the State of Maharashtra. G. N., U. D., P. H. & H. D., No. EVC. 1571/70659(3)-E, dated 23rd August, 1973 (M. G., part IV-B, pages 1593) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of Government Notification, Urban Development and Public Health Department, No. EVC. 1563/ 23732-E,dated the 7th September 1964,the Government of Maharashtra herby appoints the Joint Director of Industries, Poona, to be the Competent Authority for carrying out purposes of the said Act, in respect of the Government premises in the Industrial Estates situated in the Poona region of the State of Maharashtra. G. N., U. D., P. H. & H. D., No. EVC. 1173/90045-E, dated 18th January, 1974 (M. G., part IV-B, pages 231) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of Government Notification in the Urban Development, Public Health and Housing Department, No. EVC. 1172/14355-E, dated the 8th May 1973, the Government of Maharashtra hereby appoints the Deputy Collector (Rehabilitation), Poona, to be the Competent Authority for carrying out the purpose of the said Act, in respect of the Government premises situated in the colonies constituted for flood affected persons in the City of Poona. G. N., U. D., P.H. & H. D., No. EVC. 1174/65682-E, dated 20th March, 1975 (M. G., part IV-B, pages 426) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in Supersession of Government Notification, Urban Development, Public Health and Housing Department, No. EVC. 1164/40217-E,dated the 1st February 1965, in so far as it relates to the appointment of the Resident Deputy Collector, Kolaba, the Government of Maharashtra herby appoints the Sub-Divisional Officers, Alibag, Panvel and Mahad in the Kolaba district, to be the Competent Authorities for carrying out the purposes of the said Act, in respect of all Government Premises (not being premises on forest lands which are in charge of Divisional and Sub-Divisional Forest Officers) in the areas within their respective jurisdictions. G. N., P. W. & H. D., No. EVC. 1174/65682-0-43, dated 11th December, 1975 (M. G., part IV-B, pages 1361) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of Government Notification, Urban Development, Public Health and Housing Department, No. EVC. 1164/40217-E, dated the 1st February 1965, is so far as it relates to the appointment of the Resident Deputy Collector, Dhule, the Government of Maharashtra hereby appoints the Sub-Divisional Officers, Dhule Division, and the Sub-Divisional Officers, Nandurbar Division in the Dhule District to be the competent Authorities for carrying out the purposes of the said Act, in respect of all Government Premises (not being premises on forest lands which are in charge of Divisional Forest Officer) in the areas within their respective jurisdictions. G. N., P. W. & H. D., No. EVC. 1175/162/Desk-43, dated the 16th May, 1977 (M. G., part IV-B, pages 491) - In exercise of the powers conferred under section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of Government Notification, Urban Development, Public Health and Housing Department, No. EVC. 1172/61858-E, dated the 20th September 1972, the Government of Maharashtra hereby appoint Shri [V.M. Hajarnavis] to be the Competent Authority for carrying out the purposes of the said Act, in Greater Bombay with effect from 1st June 1977 except the premises mentioned below:- "Flat No. 28 in the Government Building Known as Amber located at Narayan Dabholkar Road, Bombay." G.N., P. W. & H. D., No. EVC. 1078/(215)/31708/D-43,dated 25th August, 1978 (M. G., part IV-B, pages 979) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), and in supersession of the Government Notification, Public Works and Housing Department, No. EVC. 1076/621/40780-Desk-43, dated the 18th July 1978, in so far as it relates to the Bombay and Bombay Suburban District, the Government of Maharashtra, hereby appoints Competent Authority for Greater Bombay to be the Competent Authority for carrying out the purposes of the said Act within the Bombay and Bombay Suburban District also in respect of premises belonging to taken on lease or held by, or on behalf of the Maharashtra State Road Transport Corporation, being Government premises within the meaning of clause (b) of section 2 of the said Act. G. N., P. W. & H. D., No. EVC. 1077/52/42959-Desk-43, dated 23rd February, 1979 (M. G., part IV-B, p.213) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), (hereinafter referred to as "the said Act"), the Government of Maharashtra hereby appoints,-(i) the Competent Authority for Greater Bombay to be the Competent Authority for carrying out the purposes of the said Act within the Bombay and Bombay Suburban District, and
(ii) the Resident Deputy Collector in every District (other than Greater Bombay) to be the Competent Authority for carrying out the purposes of the said Act within that District,
also in respect of premises belonging to, taken on lease or held by, or on behalf of, the Haffkine Bio-Pharmaceutical Corporation Limited, Bombay, being Government Premises within the meaning of clause (b) of section 2 of the said Act. G. N., P. W. & H. D., No. EVC. 1079/11751-(405), dated 23rd February, 1979 (M. G., Part IV-B pages 213) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Maharashtra hereby appoints the Resident Deputy Collector of Thane District, Thane, to be the Competent Authority for carrying out the purposes of the said Act also in respect of the premises in the Tarapur Housing Scheme in the Thane District, and belonging to, taken on lease or held by, or on behalf of the City and Industrial Development Corporation of Maharashtra Limited, being Government premises within the meaning of clause (b) of section 2 of the said Act. G. N., P. W. & H. D., No. EVC. 1078/82142/(340)-Desk-43, dated 22nd November, 1979 (M. G., Part IV-B, pages 1784) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Maharashtra hereby appoints the Competent Authority appointed under the said section 3 for Greater Bombay to be the Competent Authority for carrying out the purposes of the said Act within the Bombay and Bombay Suburban District also in respect of premises belonging to, taken on lease or held by, or on behalf of the Corporation specified in column (1) in the schedule hereto appended, which are established by or under the Central Act specified in column (2) thereof against each of them and in which not less than fifty-one per cent of the paid by share capital is held by the State Government, being Government premises within the meaning of clause (b) of section 2 of the said Act.Schedule
|
Name of the Corporation |
Central Act by or under which the corporation is established |
|
1 |
2 |
|
1. Maharashtra State Road Transport Corporation. |
1. Under section 3 in (Chapter II of the) Road Transport Corporation Act, 1950 (64 of 1950). |
|
2. Haffaine Bio-Pharmaceutical Corporation. |
2. Under the Companies Act, 1956 (2 of 1956). |
|
3. Maharashtra State Electricity Board. |
3. Under section 5 in Chapter III Electricity (Supply) Act, 1948 (54 of 1948). |
Schedule
|
Officer |
Areas |
|
(1) |
(2) |
|
1. Resident Deputy Collector, Bhandara |
Bhandara |
|
2. Resident Deputy Collector, Nagpur |
Nagpur |
|
3. Resident Deputy Collector, Chandrapur |
Chandrapur |
|
4. Resident Deputy Collector, lalgaon |
Jalgaon |
|
5. Resident Deputy Collector, Nashik |
Nashik |
|
6. Resident Deputy Collector, Dhule |
Dhule |
|
7. Resident Deputy Collector, Yavatmal |
Yavatmal |
|
8. Resident Deputy Collector, Thane |
Thane |
|
9. Resident Deputy Collector, Nanded |
Nanded |
|
10. Competent Authority for Greater Bombay, Bombay |
Bombay and Bombay Suburban District |
(i) the Administrator (New Towns), Aurangabad, City and Industrial Development Corporation of Maharashtra Limited, to be the Competent Authority for carrying out the purposes of the said Act, in respect of the premises in the Nashik, Aurangabad and Nanded area, and
(ii) the Deputy Collector, City and Industrial Development Corporation of Maharashtra Limited, to be the Competent Authority for carrying out the purposes of the said Act, in respect of the premises within the Thane and Raigad Districts, also in respect of premises belonging to, taken on lease or held by, or on behalf of, the City and Industrial Development Corporation of Maharashtra Limited, being Government premises within the Meaning of clause (b) of section 2 of the said Act.
G.N., H. & S.A.D., No. EVC. 10811(3)111, dated 31st March, 1982 (M.G., Part IV-B, pages 365) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Maharashtra hereby appoints Shri Jalaudin Siddiqui Selection Grade Deputy Collector to be the competent authority for carrying out the purposes of the said Act in Greater Bombay with effect from the 19th day of January 1982. G.N., H. & S.A.D., No. EVC. 1083/(1203) IX, dated 20th May, 1983 (M.G., Part pages 583) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) (hereinafter referred to as "the said Act"), and in supersession of Government Notification, Housing and Special Assistance Department, No. EVC. 1081/(842)/Desk-IX, dated the 14th January 1982 in so far as it refer to the appointment of Competent Authority in respect of Government premises in the Nashik only the Government of Maharashtra hereby appoints,- The Administrator, City and Industrial Development Corporation of Maharashtra Limited, New Nashik, to be the Competent Authority for carrying out the purposes of the said Act, in respect of the premises in the New Nashik, notified area as defined or specified by Government under subsection (1) of section 40 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966) and belonging to be taken, on lease or held by, or on behalf of, the City Industrial Development Corporation of Maharashtra Limited being Government premises within the meaning of clause (b) of section 2 of the said Act. G.N., H. & S.A.D., No. EVC. 1987/(4416)/D-IV, dated 24th March, 1987 (M.G., Part IV-B, pages 321) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956), hereinafter referred to as "the said Act") read with clause (b) of sub-paragraph (2) of paragraph 3 of the Schedule appended to the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966); and of all other powers enabling it in this behalf, the Government of Maharashtra hereby appoints Shri G.B. Kuberkar Deputy Collector; to be the Competent Authority, for carrying out the purpose of the said Act in respect of the premises in the New Town of New Aurangabad, notified area as specified by Government under sub-section (1) of section 40 of the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966), belonging to, vesting in, or taken on lease by the City and Industrial Development Corporation of Maharashtra Limited, being Authority premises within the meaning of clause (b) of section 2 of the said Act. G.N., H. & S.A.D., No. EVC. 1088/(1908)/III, dated 7th June, 1988 (M.G., Part IV-B, pages 527) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) and in supersession of Government Notification, Housing and Special Assistance Department, No. EVC. 1088/1922/III, dated the 27th May, 1988, the.Government of Maharashtra hereby appoints Shri R.P. Vajekar, Deputy Collector, Konkan Division, Court Receiver, Management of Smuggled Properties, Bombay to be the Competent Authority for carrying out the purposes of the said Act, in Greater Bombay. G.N., H. & S.A.D., No. MHA. 1088/(2096)/D-111, dated 25th November, 1988 (M.G., Part IV-B, 1989 pages 57) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) (hereinafter referred to as "the said Act"), the Government of Maharashtra hereby appoints Shri R.K. Zutshi, Special Commissioner; Government of Maharashtra, Maharashtra Sadan, Copernicus Road, New Delhi, to be the Competent Authority for carrying out the purposes of the said Act, in respect of Maharashtra Sadan, Copernicus Road, New Delhi, being Government premises within the meaning of clause (b) of section 2 of the said Act. G.N., L & S.W.D., No. DDC. 1058/(130719-G), dated 31st July/7th August, 1958 (M.G., Part IV-B, pages 831) - In exercise of the powers conferred by section 10 of the Bombay Government Premises (Eviction) Act, 1955 (Born.II of 1956), the Government of Bombay hereby directs that the powers exercisable by it under sub-section (4) of section 4 of the said Act shall be exercisable also by the Director, D.D. Chawls, Bombay, in respect of the area comprising the Bombay Development Department Chawls in the City of Bombay at Worli, Delise Road, Naigaum and Sewri. G.N., H. & S.A.D., No. EVC. 1091/CR-414/D-III, dated 18th December, 1992 (M.G., part IV-B, pages 444) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) and in supersession of Government Notification No. EVC. 1091/CR-414/D-III, dated 3rd August 1992, the Government of Maharashtra hereby appoints Shri R.L. Jotkar, Deputy Collector; Konkan Division to be the Competent Authority for carrying out the purposes of the said Act in Greater Bombay with effect from 5th December 1992. G.N., U.D.D., No. MRD 1097/62/CR-22/UD-10, dated the 2nd September, 1997 (M.G. Part IV-B, Pages 1032) - In exercise of the powers conferred by section 3 of the Mumbai Government Premises (Eviction) Act 1955, (Bombay II of 1956) as modified by clause (b) of Paragraph I of Schedule II of the Mumbai Metropolitan Region Development Authority Act, 1974 (Maharashtra IV of 1975, the Government of Maharashtra hereby appoints, with effect from the date of publication of the notification in Official Gazette Shri M.R. Tidke, Personnel Officer, Mumbai Metropolitan Region Development Authority to be the competent authority for the purpose of the said Mumbai Government Premises (Eviction) Act, 1955, for the whole of the Mumbai Metropolitan Region as defined by clause (b) of section 2 of the said Mumbai Metropolitan Region Development Authority Act, 1974. G.N., H. and S.A.D., No. EVC 1198/CR-212/GNP-1, dated the 16th December, 1998 (M.G. Part IV-B, Pages 135) - In exercise of the powers conferred by section 3 of the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) and in supersession of all previous notifications issued in this behalf, the Government of Maharashtra hereby appoints the Executive Engineer; Koyna Dam Maintenance Division, Alore, to be the competent authority for carrying out the purposes of the said Act in respect of all Government Premises included in the Koyna Project in the Satara and Ratnagiri District. G.N., H. D., No. NIYUKTI/2001/CR-264/ADM-III, dated the 10th October, 2001 (M.G. Part IV-B, Pages 1237) - Whereas the Government of Maharashtra has under Government Notification, No. (1) Government Notification, Urban Development and Public Health Department, No. TPS. 3072/76840/ W-II, dated the 30th October 1972 as amended by Notification, No. TPS_3077/76840/W-II/6307/WII, dated the 3rd February 1973, No. TPS 3077/76840/W-II, Dated 4th May 1973 as corrected by Corrigendum, No. TPS. 3072/76840/348881/W-II, dated 19th September 1973 and as furtner amended by Notification No. DOC. 1675/1445/NT-I, -dated 19th August 1975, for the Aurangabad Notified Area, (2) Government Notification, Urban Development and Public Health Department, No. TPS. 1174/18660/RPL, dated 27th January 1975, for the Nashik Notified Area, and (3) Government Notification, Urban Development and Public Health Department, No. TPN-1375/TP-5, dated the 6th October 1975 for Nanded Notified Area as the Special Planning Authority for the notified Area's of New Aurangabad, New Nashik and New Nanded respectively. And whereas, by Government Notification, Urban Development No. CID. 1085/37/CR-44/85/DD-4, dated the 15th April 1985 the Government of Maharashtra declared that the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) (hereinafter referred to as "the said Act"), shall apply to the Authority premises, being the premises belonging to, vesting in, or taken on lease by, the CIDCO, as that act applies in relation to Government premises; And whereas, with a view to have efficient and effective execution of eviction of certain persons from the authority premises, the Government of Maharashtra considers it expedient administrator in charge of the New Aurangabad New Nashik and Nandad notified areas of the CIDCO, who in the opinion of the State Government are holding offices, not lower in rank than that of Deputy Collector, to be competent authority under the said Act. Now therefore, in exercise of the powers conferred by section 3 of the said Act, as modified by clause(b) of sub-paragraph (2) of paragraph 3 of the Schedule appended to the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra XXXVII of 1966), and of all other powers enabling it in that behalf, and in supersession of all previous notifications issued in this behalf, the Government of Maharashtra, hereby appoints each of the Administrators of New Aurangabad, New Nashik and New Nanded notified areas of the CIDCO, to be the competent authorities, for carrying out the purposes of the said Act in respect of all Authority premises included in the local area of his respective jurisdiction.
G.N., H.D., No. NIYUKTI.2001/CR-306/ADM-3, Dated 29th November, 2001 (M.G. Part IV-B, Pages 1377) - In exercise of the powers conferred by section 3 of the Bombay Government Premises Eviction) Act, 1955 (Bombay II of 1956), as modified by clause (b) of paragraph-I of Schedule II of the Mumbai Metropolitan Region Development Authority Act, 1974 (Maharashtra IV of 1975), and in supersession of all previous notifications issued in this behalf, the Government of Maharashtra hereby appoints, with effect from the date of publication of the notification in the Official Gazette, the lands Manager, Mumbai Metropolitan Region Development Authority, to be the competent authority for carrying out the purposes of the Bombay Government Premises (Eviction) Act, 1955 for whole of the Murnbai Metropolitan Region, as defined in clause (b) of section 2 of the Mumbai Metropolitan Region Development Authority Act, 1974. G.N., H.D., No. NIYUKTI.2102/CR-306/Prashashan, 3, Dated 14th October, 2002 (M.G. Part IV-B, Pages 1112) - In exercise of the powers conferred by section 3 of the Mumbai Government Premises (Eviction) Act, 1955 (Bombay II of 1956), the Government of Maharashtra hereby appoints Dr. Ammol Kumar, Deputy Special Commissioner, Maharashtra Sadan, New Delhi, to be the Competent Authority for carrying out the purposes of the said Act, in respect of the Government Premises, Sirmur Plot at Kasturba Gandhi Marg, New Delhi, India. G.N., H.D., No. NIYUKTI.2104/CR-129/ADM-III, Dated 1st July, 2004 (M.G. Part IV-B, Pages 229) - Whereas, the Government of Maharashtra, under Government Notification No. MUP. 5599/2212/CR.164, dated the 19th September 2003 issued under section 100A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the Government of Maharashtra, specified that the Bombay Government Premises (Eviction) Act, 1955 (Bombay II of 1956) (hereinafter referred to as "the said Act"), shall apply to all the Municipal Council premises in the area of Kolhapur District, as the said Act applied to Government Premises. Now, therefore, in exercise of the powers conferred by section 3 of the said Act, as modified by paragraph 3 of the Schedule IA appended to the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Maharashtra XL of 1965), and of all other powers enabling it in that behalf, the Government of Maharashtra hereby appoints Resident Deputy Collector, Kolhapur District, to be the Competent Authority for the purpose of the said Act in respect of all the Municipal Council Premises in the area of Kolhapur District.
