THE MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION, UPGRADATION AND CONTROL) ACT, 2001

2001 : Mah. XXVII]  1 

THE MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION, 

UPGRADATION AND CONTROL) ACT, 2001 

[Text as on 30th January 2025] 

—————— 

CONTENTS 

PREAMBLE.  

SECTIONS.  

 1.  Short title, extent and commencement.  

 2.  Definitions.  

 3.  Regularisation of Gunthewari developments.  

 4.  Procedure for regularisation.  

 5.  Consequences of regularisation.  

 6.  Upgradation of regularised Gunthewari Development.  

 7.  Control of Gunthewari Development.  

 8.  Power of entry.  

 9.  Service of notice, etc.  

 10.  Public notice how to be made known.  

 11.  Notices, etc. to fix reasonable time.  

 12.  Authentication of orders and documents.  

 13.  Offences by companies.  

 14.  Withdrawal of cases and compounding of offences.  

 15.  Jurisdiction of courts.  

 16.  Protection of action taken in good faith.  

 17.  Members and officers to be public servants.  

 18.  Finality of orders.  

 19.  Power to delegate.  

 20.  Powers of Planning Authority to be exercised by certain officers.  

 21.  Control by State Government.  

 22.  Returns and information.  

 23.  Power to make rules.  

 24.  Power to make regulations.  

 25.  Repeal of Mah. Ord. XIII of 200l and saving. 



2  The Maharashtra Gunthewari Developments  [2001 : Mah. XXVII 

                                        (Regularisation, Upgradation and Control) Act, 2001 
 

  



2001 : Mah. XXVII]  The Maharashtra Gunthewari Developments  3 

                                         (Regularisation, Upgradation and Control) Act, 2001 

LIST OF AMENDMENT ACTS 

 1.  Amended by Mah.  4 of 2021 (12-03-2021) 

 

 

 

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 



4  The Maharashtra Gunthewari Developments  [2001 : Mah. XXVII 

                                        (Regularisation, Upgradation and Control) Act, 2001 
 

 



2001 : Mah. XXVII]  The Maharashtra Gunthewari Developments  5 

                                         (Regularisation, Upgradation and Control) Act, 2001 

MAHARASHTRA ACT No. XXVII OF 20011 

[THE MAHARASHTRA GUNTHEWARI DEVELOPMENTS (REGULARISATION, 

UPGRADATION AND CONTROL) ACT, 2001.] 

[This Act received the assent of the Governor on the 10th August 2001; the assent was first published in 

the Maharashtra Government Gazette, Part IV, on the 13th August 2001.] 

An Act to provide for the regularisation and upgradation of certain Gunthewari developments 

and for the control of Gunthewari developments and for matters connected therewith and 

incidental thereto. 

WHEREAS both houses of the State Legislature were not in session ;  

AND WHEREAS the Governor of Maharashtra was satisfied that circumstances existed which 

rendered it necessary for him to take immediate action to promulgate an Ordinance to provide for the 

regularisation and upgradation of certain Gunthewari developments and for the control of Gunthewari 

developments and for matters connected therewith and incidental thereto ; and, therefore, promulgated 

the Maharashtra Gunthewari Developments (Regularisation, Upgradation and Control) Ordinance, 

2001, on the 30th April 2001 (Mah. Ord. XIII of 2001) ;  

AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature ; 

It is hereby enacted in the Fifty-second year of the Republic of India as follows :—  

1.  Short title, extent and commencement.— (1) This Act may be called the Maharashtra 

Gunthewari Developments (Regularisation, Upgradation and Control) Act, 2001.  

(2) It extends to the whole of the State of Maharashtra.  

(3) It shall be deemed to have come into force on the 30th April 2001.  

2.  Definitions.— (1) In this Act, unless the context otherwise requires,—  

(a) “Gunthewari development” means plots formed by unauthorisedly sub-dividing 

privately owned land, with buildings, if any, on such plots, including excess vacant land under the 

Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976), not vested in the State Government 

but excluding land under encroachment ; 

(b) “layout” means a piece of land or contiguous land under common ownership sub-divided 

into plots ;  

(c) “Planning Authority” means—  

(I) for the areas within their respective jurisdiction,—  

(i) the Nagpur Municipal Corporation, constituted under the City of Nagpur 

Corporation Act, 1948 (C. P. and Berar II of 1950); or  

(ii) the concerned Municipal Corporation, constituted under the Bombay 

Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949); or  

(iii) the concerned Municipal Council, constituted under the Maharashtra 

Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL 

of 1965); or  

(iv) the Nagpur Improvement Trust, constituted under the Nagpur Improvement 

Trust Act, 1936 (C. P. and Berar XXXVI of 1936); or  

(v) the concerned Special Planning Authority, constituted or appointed or deemed 

to have been appointed under section 40 of the Maharashtra Regional and Town 

Planning Act, 1966 (Mah. XXXVII of 1966); and  

(II) in respect of areas other than those covered by sub-clause (I), the Collector or an officer 
authorised by him in this behalf ;  

                                                   
1  For Statement of Objects and Reasons of the L. A. Bill No. LI of 2001, see Maharashtra Government 

Gazette 2001, Extraordinary No. 29, Part V-A, dated the 18th July 2001, page 245. 



6  The Maharashtra Gunthewari Developments  [2001 : Mah. XXVII 

                                        (Regularisation, Upgradation and Control) Act, 2001 
(d) “prescribed” means prescribed by rules made under this Act.  

(2) Words and expressions used but not defined herein, shall have their respective meanings as 
assigned to them in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).  

3.  Regularisation of Gunthewari developments.— (1) All Gunthewari developments existing 

as on 1[the 31st December 2020], shall, on an application being made in this behalf by the plot-holder, 

to the Planning Authority, as provided in section 4, be eligible for being considered by the Planning 
Authority for regularisation :  

Provided that, Gunthewari developments existing in the following areas shall not be eligible for 

regularisation, namely :—  

(a) Mumbai Metropolitan Region as established under sub-section (1) of section 3 of the 

Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966); 

(b) Scheduled Areas, declared as such by the President of India by an order under paragraph 
6 of Schedule V of the Constitution of India;  

(c) forests to which the Forest (Conservation) Act, 1980 (69 of 1980) applies;  

(d) Coastal Regulation Zone as declared under clause (v) of sub-section (2) of section 3 of 
the Environment (Protection) Act, 1986 (29 of 1986);  

(e) Eco-Sensitive Zones or Ecologically Fragile Areas as declared under section 1 and 

clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986);  

(f) Hill Stations as notified by the State Government;  

(g) Special Tourism Areas, declared as such, by the Central or State Government :  

Provided further that, the Gunthewari developments in respect of the following categories of plots 

and buildings shall also not be eligible for regularisation, namely :—  

(a) plots formed and transferred after 2[the 31st December 2020];  

(b) plots existing on lands under acquisition for a public purpose;  

(c) plots existing on lands where the provision, or to which the extension, of civic services is 
not technically feasible or financially viable ;  

(d) plots or buildings (or parts thereof), posing hindrance in the provision of infrastructure 

facilities and change in the plans for such facilities to enable the said plots or buildings (or parts 

thereof), to continue to exist is not feasible ;  

(e) plots or buildings (or parts thereof) which, in the opinion of the State Government or the 
Planning Authority, ought not to be regularised,—  

(i) in the public interest ; or  

(ii) because of the matter being sub-judice ; or  

(iii) as the same is barred by court decisions or orders.  

(2) The regularisation of any Gunthewari development shall be subject to the following general 
conditions, namely :—  

(a) In the layout, ten per cent., of the plots shall vest in the Planning Authority, free of cost : 

Provided that, such plots are unsold and unbuilt;  

(b) Wherever necessary, open marginal spaces shall be surrendered, to achieve a road-width 

of nine meters or required Development Plan road width in the areas of a Municipal Corporation, 

a Special Planning Authority and a New Town Development Authority and four and half meters 
or required Development Plan road width in other areas ;  

                                                   
1  The words, figures and letters were substituted for the words, figures and letters “the 1st January 2001” by 

Mah. 4 of 2021, s. 2(a). 
2  The words, figures and letters were substituted for the words, figures and letters “the 1st January 2001” by 

Mah. 4 of 2021, s. 2(b). 



2001 : Mah. XXVII]  The Maharashtra Gunthewari Developments  7 

                                         (Regularisation, Upgradation and Control) Act, 2001 

(c) It shall not be the responsibility of the Planning Authority to provide alternate plots or 

otherwise compensate plot-holders displaced or affected by any development or rectification 

carried out in the process, or for the purpose, of regularisation and upgradation of Gunthewari 

developments ;  

(d) The regularisation of any Gunthewari development shall not confer any title or claim in 

respect of the land or building not already enjoyed by its holder prior to such regularisation.  

(3) The regularisation of Gunthewari development shall also be subject to the prior payment of 

compounding fee and development charge, as may be determined by the State Government, from time 

to time :  

Provided that, the State Government may, authorise the Planning Authority to determine the 

compounding fee or development charge or both, in the area of its jurisdiction.  

4.  Procedure for regularisation.— (1) The concerned plot-holder shall apply for regularisation 

of Gunthewari development within a period of six months from the date of the coming into force of 

this Act or such extended time as the Planning Authority may permit.  

(2) The application shall be accompanied, inter alia, by,—  

(a) documentary proof of ownership or lawful possession of the plot ;  

(b) existing layout plan ;  

(c) plan of existing construction on such plot ;  

(d) rectification plan ;  

(e) an undertaking by the applicant to rectify uncompoundable infringements ;  

(f) demand draft, drawn on any scheduled bank to cover the amount due as compounding fee 

and development charge. 

(3) The Planning Authority shall scrutinise the case for fulfillment of the stipulated requirements 

laid down under sub-section (2), including proof of actual rectification of uncompoundable 

infringements, and thereafter, issue a certificate of regularisation, if satisfied on all these counts.  

5.  Consequences of regularisation.— (1) Notwithstanding anything contained in any other law 

for the time being in force, on being regularised, the Gunthewari development shall be deemed to have 

been exempted under section 20 of the Urban Land (Ceiling and Regulation) Act, 1976 (33 of 1976) 

from the provisions of Chapter III of the said Act and converted to non-agricultural use for all purposes 

of the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966), subject to the payment of non-

agricultural assessment and the other terms and conditions of such conversion and the provisions of the 

Development Plan or the Regional Plan, as the case may be, shall, so far as such development is 

concerned, stand modified or relaxed, as may be required.  

(2) On such regularisation of Gunthewari development under section 3, by the concerned 

Planning Authority, all court cases or other proceedings, filed by such Planning Authority, and pending 

in any court in so far as they relate to such unauthorised development, shall abate.  

6.  Upgradation of regularised Gunthewari development.— (1) The amounts accruing to the 

Planning Authority on account of compounding fee shall be kept by the Planning Authority in a 

separate head of account, layout-wise and utilised for providing on-site infrastructure (other than 

electricity supply) in the layout :  

Provided that, fifteen per cent. of such amount shall be retained by the Planning Authority 

towards administrative charges.  

(2) The on-site development of the layout shall be undertaken in proportion to the amount of 

compensation received by the Planning Authority.  

(3) Common or indivisible infrastructure or services or amenities or facilities shall be provided by 

the Planning Authority only after such minimum proportion of number of plots in the layout, as may be 

determined by the State Government, from time to time, have been regularised.  



8  The Maharashtra Gunthewari Developments  [2001 : Mah. XXVII 

                                        (Regularisation, Upgradation and Control) Act, 2001 
(4) Individual or divisible infrastructure or services or amenities or facilities may be provided as 

per the terms and conditions prescribed under the relevant law, after the plot has been regularised. 

7.  Control of Gunthewari development.— (1) If any plot-holder has not applied for 

regularisation within the specified period, as provided in sub-section (1) of section 4, the Planning 

Authority shall, before initiating any action under sub-section (2), against the holder of such plot, for 

demolition of such unauthorised construction, give such plot-holder, one month’s notice, to apply for 

regularisation of such unauthorised development.   

(2) On the plot-holder’s failure to apply for such regularisation, as provided in sub-sections (1) 

and (2) of section 4, within the time limit specified in the notice, or his application for regularisation is 

rejected by the Planning Authority, the Planning Authority shall demolish the unauthorised 

construction.  

(3) The police shall provide adequate protection and support to the Planning Authority for 

carrying out the demolition under sub-section (2).  

(4) (a) The chief executive officer of the Planning Authority or the Collector, as the case may be, 

who fails to remove any Gunthewari development undertaken after the date of coming into force of 

this Act, within a period of six months from the date of its occurrence or the Commissioner of Police or 

the Superintendent of Police, as the case may be, who fails to provide adequate police protection and 

support for carrying out the demolition as aforesaid; or  

(b) a person who in any way prevents or obstructs the Planning Authority or Collector or 

Commissioner of Police or Superintendent of Police, in the discharge of their duties as aforesaid ; or  

(c) a person who after the date of coming into force of this Act, carries out any Gunthewari 

development; or  

(d) a person who aids or abets such unauthorised development or prevention or obstruction of 

such demolition ;  

shall be deemed to have committed an offence under this Act, and shall, on conviction be 

punishable with fine upto rupees ten thousand :  

Provided that, the incumbent chief executive officer of the Planning Authority or the Collector 

shall not be liable unless he has held the post for not less than six months, immediately before the date 

of commission of the offence :  

Provided further that, no prosecution of the chief executive officer of a Planning Authority or a 

Collector or a Commissioner of Police or a Superintendent of Police for any offence under this sub-

section, shall be instituted except with the previous sanction of the State Government. 

8.  Power of entry.— (1) The Planning Authority or any officer authorised by it, may enter into 

or upon any land or building with or without assistants or workmen for the purpose of,—  

(a) ascertaining whether any land is being or has been developed in contravention of any 

provision of this Act or any other law ;  

(b) making any measurement or survey or taking levels of such land or building ;  

(c) setting out and marking boundaries and intended lines of development ;  

(d) marking such levels, boundaries and lines by placing marks and cutting trenches ;  

(e) examining works under construction and ascertaining the course of sewers and drains :  

Provided that,—  

(i) in the case of any building used as a dwelling-house, or upon any enclosed part of garden 

attached to such building, no such entry shall be made except between the hours of sunrise and 

sunset and without giving its occupier at least twenty-four hours notice, in writing, of the 

intention to enter ;  

(ii) sufficient opportunity shall, in every instance, be given to enable women (if any), to 

withdraw from such land or building ;  



2001 : Mah. XXVII]  The Maharashtra Gunthewari Developments  9 

                                         (Regularisation, Upgradation and Control) Act, 2001 

(iii) due regard shall always be had, so far may be compatible, with the exigencies of the 

purpose for which the entry is made, to the social and religious usages of the occupants of the 

land or building entered.  

(2) The powers of the Planning Authority or any person authorised by the Planning Authority in 

this behalf, shall extend only to the area under its jurisdiction.  

9.  Service of notice, etc.— (1) All documents including notices and orders required by this Act 

or any rule or regulation made thereunder, to be served upon any person shall be deemed to be duly 

served,—  

(a) Where a document is to be served on a Government department, railway, local authority, 

statutory authority, company, corporation, society or other body, if the document is addressed to 

the head of the Government department, General Manager of the railway, Secretary or Principal 

Officer of the local authority, statutory authority, company, corporation, society or any other 

body, at its principal branch, local or registered office, as the case may be, and is either,—  

(i) sent by registered post to such office ; or  

(ii) delivered at such office ;  

(b) where the person to be served is partnership firm and if the document is addressed to 

such firm at its principal place of business, identifying it by the name or style under which its 

business is carried on, and is either,—  

(i) sent by registered post to such office; or  

(ii) delivered at the said place of business ;  

(c) in any other case, if the document is addressed to the person to be served, and,—  

(i) is given or tendered to him ; or  

(ii) if such person cannot be found, is affixed on some conspicuous part of his last 

known place of residence or business, or is given or tendered to some adult member of his 

family or is affixed on some conspicuous part of the land or building to which it relates ; or  

(iii) is sent by registered post to that person.  

(2) Any document which is required or authorised to be served on the owner or occupier of any 

land or building may be, addressed “the owner” or “the occupier”, as the case may be, of that land or 

building (naming or describing that land or building) without further name or description and shall be 

deemed to be duly served,—  

(a) if the document so addressed is sent or delivered in accordance with clause (c) of  

sub-section (1); or  

(b) if the document so addressed or a copy thereof so addressed is delivered to some person 

on the land or building.  

(3) Where a document is served on a partnership firm in accordance with this section, the 

document shall be deemed to have been served on each partner of such firm.  

(4) For the purpose of enabling any documents to be served on the owner of any property, the 

Planning Authority may, by notice in writing, require the occupier (if any), of the property to state the 

name and address of the owner thereof.  

(5) Where the person on whom a document is to be served is a minor the service upon his 

guardian or any adult member of his family shall be deemed to be service upon the minor. 

Explanation.— A domestic servant is not a member of the family within the meaning of this 

section.  

10.  Public notice how to be made known.— Every public notice given under this Act or rules 

or regulations made thereunder shall be in writing over the signature of such officer who may be 

authorised in this behalf by the Planning Authority and shall be widely made known in the locality to 

be affected thereby, affixing copies thereof in conspicuous public places within the said locality and by 



10  The Maharashtra Gunthewari Developments  [2001 : Mah. XXVII 

                                        (Regularisation, Upgradation and Control) Act, 2001 
publishing the same by beat of drum or by advertisement in one or more local newspapers, and by such 

other means which the officer thinks fit.  

11.  Notices, etc. to fix reasonable time.— Where any notice, order or other document issued or 

made under this Act or any rule or regulation made thereunder requires anything to be done for the 

doing of which no time is fixed in this Act or rule or regulations made thereunder, the notice, order or 

other document shall specify a reasonable time for doing the same.  

12.  Authentication of orders and documents.— All permissions, orders, decisions, notices and 

all documents of a Planning Authority shall be authenticated by the signature of such officer as may be 

authorised by such Authority in this behalf.  

13.  Offences by companies.— (1) Where an offence under this Act, or the rules made 

thereunder, is committed by a company, every person who at the time when the offence was 

committed, was in-charge of, and was responsible to the company for the conduct of the business of the 

company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be 

proceeded against and punished accordingly :  

Provided that, nothing contained in this sub-section shall render any person liable to any 

punishment, if he proves that the offence was committed without his knowledge or that he had 

exercised all due diligence to prevent the commission of such offence.  

(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act or 

the rules made thereunder, has been committed by a company with the consent or connivance of, or is 

attributable to or on the part of, any Director, Manager, Secretary or other Officer or servant of the 

Company, such Director, Manager, Secretary or other Officer or servant concerned shall also be 

deemed to be guilty of that offence and shall be liable to be proceeded against and punished 

accordingly.  

Explanation.— For the purposes of this section,—  

(a) “company” means a body corporate and includes a trust, a firm, a society, an institution 

or other association of individuals ; and 

(b) “director” in relation to,—  

(i) a firm means a partner in the firm ;  

(ii) a society, a trust, an institution or other association of persons, or body of 

individuals, means the person who is interested under the rules or bye-laws of the society, 

trust, institution or other association or body with the management of the affairs of the 

society, trust, institution or other association or body, as the case may be.  

14.  Withdrawal of cases and compounding of offences.— (1) No court case initiated for any 

offence punishable under this Act or rules made thereunder shall be withdrawn except with previous 

sanction of the Planning Authority or any officer authorised by such Authority in this behalf.  

(2) Except with regard to offences, the prosecution for which requires previous sanction of the 

State Government, the Planning Authority or any person authorised in this behalf by the Planning 

Authority, by general or special order may, either before or after the institution of the proceedings, 

compound any offence made punishable by or under this Act or rules made thereunder.  

(3) When an offence has been compounded, the offender, if in custody, shall be discharged and 

no further proceedings shall be taken against him in respect of the offence compounded.  

15.  Jurisdiction of courts.— No court inferior than that of a Judicial Magistrate of the First 

Class shall try an offence punishable under this Act.  

16.  Protection of action taken in good faith.— No suit, prosecution or other legal proceedings 

shall lie against any person for anything which is in good faith done or intended to be done under this 

Act or any rules or regulations made thereunder.  

17.  Members and officers to be public servants.— Every member and every officer and other 

employee of the Planning Authority shall be deemed to be a public servant within the meaning of the 

Indian Penal Code (XLV of 1860).  



2001 : Mah. XXVII]  The Maharashtra Gunthewari Developments  11 

                                         (Regularisation, Upgradation and Control) Act, 2001 

18.  Finality of orders.— Every order passed or direction issued by the State Government or 

order passed or notice issued by any Planning Authority under this Act shall be final and shall not be 

questioned in any suit or other legal proceedings. 

19.  Power to delegate.— (1) The State Government may, by notification in the Official Gazette, 

delegate any power exercisable by it under this Act, or rules made thereunder to any officer of the State 

Government in such case and subject to such conditions, if any, as may be specified in such 

notification.  

(2) The Planning Authority may, by an order in writing, delegate any power exercisable by it 

under this Act or rules or regulations made thereunder, to any officer of the Planning Authority in such 

cases and subject to such conditions, if any, as may be specified therein.  

20.  Powers of Planning Authority to be exercised by certain officers.— The power and 

functions of a Planning Authority shall, for the purposes of this Act, be exercised and performed by the 

following officers, namely :—  

(a) in the case of a Municipal Corporation, by the concerned Municipal Commissioner or 

such other officer as he may appoint in this behalf ;  

(b) in the case of a Municipal Council, by the concerned Chief Officer of the Council;  

(c) in the case of the Nagpur Improvement Trust or a Special Planning Authority, by the 

chief executive officer or person exercising such powers under the Acts applicable to such 

authorities; and  

(d) in the case of Collector, either the Collector or such other officer as he may authorise in 

this behalf.  

21.  Control by State Government.— (1) Every Planning Authority shall carry out such 

directions or instructions as may be issued from time to time by the State Government for the efficient 

administration of this Act.  

(2) If in, or in connection with, the exercise of its powers and discharge of its functions by any 

Planning Authority under this Act, any dispute arises between the Planning Authority and the State 

Government, the decision of the State Government on such dispute shall be final.  

22.  Returns and information.— Every Planning Authority shall furnish to the State 

Government such reports, returns and other information as the State Government may, from time to 

time, require.  

23.  Power to make rules.— (1) The State Government may, by notification in the Official 

Gazette, and subject to the condition of previous publication make rules to carry out the all or any of 

the purposes of this Act.  

(2) Every rule made under this Act shall be laid as soon as may be, after it is made before each 

House of the State Legislature, while it is in session for a total period of thirty days, which may be 

comprised in one session or in two or more successive sessions, and if, before the expiry of the session 

in which it is so laid or the session or sessions immediately following, both Houses agree in making 

any modification in the rule or both houses agree that the rule should not be made, and notify such 

decision in the Official Gazette, the rule shall, from the date of publication of such decision, have effect 

only in such modified form or be of no effect, as the case may be ; so, however, that any such 

modification or annulment shall be without prejudice to the validity of anything previously done or 

omitted to be done under that rule.  

24.  Power to make regulations.— The Planning Authority may, with the previous approval of 

the State Government, make regulations consistent with this Act and the rules made thereunder, to 

carry out the purposes of this Act.  

25.  Repeal of Mah. Ord XIII of 2001 and saving.— (1) The Maharashtra Gunthewari 

Developments (Regularisation, Upgradation and Control) Ordinance, 2001 (Mah. Ord. XIII of 2001), is 

hereby repealed.  



12  The Maharashtra Gunthewari Developments  [2001 : Mah. XXVII 

                                        (Regularisation, Upgradation and Control) Act, 2001 
(2) Notwithstanding such repeal, anything done or any action taken (including any rule made or 

notification or order issued) under the said Ordinance, shall be deemed to have been done, taken or 

issued, as the case may be, under the corresponding provisions of this Act.