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GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT
MAHARASHTRA ACT No. III OF
1962
THE MAHARASHTRA INDUSTRIAL
DEVELOPMENT ACT, 1961.
( As modified up to the 12 th December 2012 )
PRINTED IN INDIA BY THE MANAGER, YERAVDA PRISON PRESS, PUNE
AND PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY
AND PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004
2012
[ Price : Rs. 1
O]
THE MAHARASHTRA INDUSTRIAL DEVELOPMENT ACT, 1961
CONTENTS
PREAMBLE
SECTIONS.
CHAPTER L
PRELIMINARY.
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE CORPORATION.
3. Establishment and incorporation.
4. Constitution.
5. Disqualification for membership.
6. Terms of office and conditions of service of members.
7. Meetings of Corporation.
8. Cessation of membership.
9. Vacancies how to be filled.
10. Temporary absence of members.
11. Proceedings presumed to be good and valid.
12. Officers and servants of the Corporation.
13. Corporation to absorb certain staff and to assume obligations of State
Government in respect of matters to which this Act applies.
CHAPTER IIL
FuncTioNs AND POWERS OF THE CORPORATION
14. Functions.
15. General powers of the Corporation
16. Authentication of orders and documents of Corporation
17. Power to levy service charges.
18. Directions by the State Government.
(ii) Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
SECTIONS.
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT.
19. Application of Corporation’s assets.
20. Corporation’s fund.
21. Grants, subventions, loans and advances to the Corporation.
22. Power of Corporation to borrow.
23. Deposits
24. Reserve and other funds
25. Expenditure from funds.
26. Budget and programme of work.
27. Accounts and audit.
28. Concurrent and special audit of accounts.
CHAPTER V.
APPLICATION OF GOVERNMENT PrEMISES (EvICTION) ACT, AND
Non-AppricaTioN oF RENT CoNTROL AcTs To CORPORATION PREMISES.
29. Application of Bombay Government Premises (Eviction) Act, 1955 to
Corporation premises.
30. Non-application of Rent Control Acts to Corporation Premises.
CHAPTER VI
AcqQUuISITION AND DISPOSAL OF LAND.
31. Application.
32. Compulsory acquisition.
33. Compensation.
34. Appeal to Court.
35. Dispute as to apportionment.
36. Payment of compensation.
37. Investment of amount deposited in the Court.
38. Payment of interest.
39. Disposal of land by the Corporation.
40. (Deleted)
41. (Deleted)
42. Delegation of powers of the State Government.
1962 : Mah. III'] Maharashtra Industrial (iii)
Development Act, 1961
SECTIONS.
CHAPTER VI-A.
UNUTILISED SURPLUS LANDS IN INDUSTRIAL AREAS.
42-A. Acquisition of unutilised surplus lands in industrial areas and
allotment to other industries
CHAPTER VIL
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS.
43-1A. Government lands.
43. Powers of the Corporation in case of certain defaults by owner of
land in industrial area.
44. Order of demolition of building.
45. Power to stop building operations.
46. Penalty for construction or use of land and buildings contrary to terms
of holding.
47. Power to lay pipe lines, etc.
48. Powers of entry
49. Officers of the Corporation may be vested with other powers.
50. Overriding powers of Government to issue directions to local
authorities.
50-A. Power to Collector to reject applications for conversion of use of land
for industrial purpose in adjoining areas in certain cases.
51. Recovery of sums due to the Corporation as arrears of land revenue.
52. Service of notices, etc.
53. Public notices how to be made known
54. Notices, etec., to fix reasonable time.
55. Furnishing of returns, etc.
56. Withdrawal of area or estate or part thereof.
57. Default in performance of duty.
58. Dissolution of Corporation.
59. Authority for prosecution.
60. Compositions of offences by Corporation
61. Offences by companies.
62. Penalty for obstruction
63. Power to make rules.
64. Power to make regulations.
65. Protection of action taken in good faith.
66. Members, officers and staff of Corporation to be public servants.
67. Effect of provisions inconsistent with other laws
68. Power to remove doubts and difficulties.
69. Amendment of Schedule I to Bom. LII of 1956.
MAHARASHTRA ACT No. III OF 1962'
[ THE MAHARASHTRA INDUSTRIAL DEVELOPMENT Act, 1961 ]
[ This Act received assent of the President on the 28th February 1962;
assent was first published in the Maharashtra Government Gazette,
Extraordinary, Part IV, dated the 1st March 1962. ]
Amended by Mah. 11 of 1967
Amended by Mah. 32 of 1967.
Amended by Mah. 45 of 1971.
Amended by Mah. 18 of 1975 (15-9-1976)%.
Amended by Mah. 25 of 1977
Amended by Mah. 44 of 1981 #(29-7-1981)7.
Amended by Mah. 57 of 1981
Amended by Mah. 46 of 1997 (29-12-1997)7.
An Act to make special provision for securing the orderly establishment
in industrial areas and industrial estates of industries in the State
of Maharashtra, and to assist generally in the organization thereof,
and for that purpose to establish an Industrial Development
Corporation, and for purposes connected with the matters aforesaid.
‘WHEREAS, it is expedient to make special provision for securing the orderly
establishment in industrial areas and industrial estates of industries in the
State of Maharashtra, and to assist generally in the organisation thereof, and
for that purpose to establish an Industrial Development Corporation, and for
purposes connected with the matters aforesaid; It is hereby enacted in the
Twelfth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY.
1. (I) This Act may be called the Maharashtra Industrial Development Act, 1961.
(2) It extends to the whole of the State of Maharashtra.
(3) This Act, except Chapter VI, shall come into force at once; Chapter VI
shall take effect in such area, from such date as the State Government may,
from time to time, by notification in the Official Gazette, appoint in that behalf.
[ Provided that, if in the opinion of the State Government any area or any
part thereof, where Chapter VI has been brought into force, is not required or is
not likely to be required for the purpose of development as an industrial area,
the State Government may, by like notification, direct that Chapter VI shall
cease to be in force in that area or in any part thereof on such date as may be
specified in the notification, except as respects things done or omitted to be
done before such date :
1. For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1961, Part V,
pages 435-436.
2. These provisos were added by Mah. 18 of 1975, . 2.
+ This indicates the date of commencement.
* Maharashtra Ordinance No. X of 1981 was repealed by Mah. 44 of 1981, 5. 6.
Short title,
extent and
commence-
ment.
2 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
Provided further that, no notification shall be issued by the State Government
under the first proviso after the expiry of such period from the date of bringing
into force of Chapter VI as may be prescribed; and different periods may be
prescribed for the area in which Chapter VI has been brought into force before
the commencement of the Maharashtra Industrial Development (Amendment)
Act, 1974 and for the areas in which that Chapter may be brought into force after )'zl;i‘n
such commencement. ] o195,
Definitions. 2, In this Act, unless the context otherwise requires,—
(@) “amenity” includes road, supply of water or electricity, street lighting,
drainage, sewerage, conservancy and such other convenience as the State
Government may, by notification in the Official Gazette, specify to be an
amenity for the purposes of this Act;
(b) “building” means any structure or erection, or part of a structure or
erection, which is intended to be used for residential, industrial, commercial
or other purposes, whether in actual use or not;
(¢) “Collector” means the Collector of a district, and includes any officer
specially appointed by the State Government to perform the functions of a
Collector under this Act;
(d) “Corporation” means the Maharashtra Industrial Development
Corporation established under section 3;
(e) “development” with its grammatical variations, means the carrying out,
of building, engineering, quarrying or other operations in, or over or under
land, or the making of any material change in any building or land, and
includes redevelopment, but does not include mining operations; and “to
develop” shall be construed accordingly;
() “engineering operations” include the formation or laying out of means
of access to a road or the laying out of means of water supply;
(g) “industrial area” means any area declared to be an industrial area by
the State Government by notification in the Official Gazette, which is to be
developed and where industries are to be accommodated;
(h) “industrial estate” means any site selected by the State Government,
where the Corporation builds factories and other buildings and makes them
available for any industries or class of industries;
(i) “means of access” includes a road or any means of access, whether private
or public, for vehicles or for foot passengers;
(j) “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 fitting affixed to such building or part of a building for the more
beneficial enjoyment thereof;,
(k) “prescribed” means prescribed by rules made under this Act;
(1) the expression “land” and the expression “person interested”, shall have
the meanings respectively assigned to them in section 3 of the Land1 of
Acquisition Act, 1894. 1894.
[1962 : Mah. IIT Maharashtra Industrial 3
Development Act, 1961
CHAPTER IL
EsTaBLISHMENT AND CONSTITUTION OF THE CORPORATION.
3. (1) For the purposes of securing and assisting in the rapid and orderly Establish-
establishment and organisation of industries in industrial areas and industrial ment and
estates in the State of Maharashtra, there shall be established by the State incorpo-
Government by notification in the Official Gazette, a Corporation by the name taton-
of the Maharashtra Industrial Development Corporation.
(2) The said Corporation shall be a body corporate with perpetual succession
and a common seal, and may sue and be sued in its corporate name, and shall be
competent to acquire, hold and dispose of property, both movable, and immovable,
and to contract and do all things necessary for the purposes of this Act.
Mah. '[4. With effect from the date of commencement of the Maharashtra Industrial Constitu-
XLIV Development (Amendment) Act, 1981, in place of the existing members, the tion.
of18L Corporation shall consist of the following members, that is to say--
(@) the Minister for Industries, ex-officio, who shall also be the Chairman
of the Corporation;
(b) the Minister of State for Industries, ex-officio, who shall also be the
Vice-Chairman of the Corporation;
(c) two official members nominated by the State Government, of whom
one shall be the Financial Adviser to the Corporation;
LIV (d) the Chairman of the State Electricity Board constituted under the
o8 Electricity (Supply) Act, 1948;
(e) the Managing Director, State Industrial and Investment Corporation
of Maharashtra Limited;
(f) the Managing Director, Maharashtra State Financial Corporation;
(g) one member nominated by the Maharashtra Housing and Area
Mah. Development Authority established under the Maharashtra Housing and Area
XML Development Act, 1976;
(h) six members nominated by the State Government, from amongst
persons appearing to it to be qualified as having had experience of, and having
shown capacity in, industry, trade or finance, or who are in the opinion of the
State Government capable of representing the interest of persons engaged
or employed therein;
(i) the Chief Executive Officer of the Corporation, ex-officio, who shall also
be the Secretary of the Corporation.]
5. A person shall be disqualified for being nominated as a member of the Disqualifi-
Corporation, if he— eation for
member-
(a) is an employee of the Corporation, not being the Chief Executive Officer, or ship.
(b) is of unsound mind, and stands so declared, by a competent court, or
(c) is an undischarged insolvent.
1. Section 4 was substituted for the original section by Mah. 44 of 1981, s. 4.
4 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
Term of 6. [ (1) (@) Every member of the Corporation nominated under clause (e) or ()
office and of section 4 shall hold office for a period of three years from the date of his
o fcs‘:l‘g:z‘e‘"fi nomination, unless his termof office is terminated earlier by the State Government.
members. (b) Where a vacancy of any such member occurs due to completion of his
term of office or due to termination of his term of office earlier, the vacancy
shall be filled in accordance with the provisions of section 9.].
(2) The members of the Corporation nominated under [ clause (¢c) or ()] of
section 4 shall be entitled to draw such salary and allowances as may be
prescribed. Such reasonable additional remuneration, as may be fixed by the
State Government, may be paid to any one or more of the members for extra or
special services required to be rendered by him or them.
(3) The members of the Corporation °[ holding office under “[ clause (d), (e),
(), (g) or (k)] of section 4] shall be entitled to draw such honorarium or
compensatory allowance for the purpose of meeting the personal expenditure
in attending the meeting of the Corporation or of any Committee hereunder or
appointed in connection with the work undertaken by or for the Corporation, as
may be prescribed.
(4) Any person nominated as member on one or more occasions shall, unless
disqualified, be eligible for renomination.
5[ (5) Where a person is nominated or becomes a member of the Corporation
by virtue of holding any office, he shall, notwithstanding anything contained in
this Act, cease to be a member of the Corporation as soon as he ceases to hold
that office.]
Meetings of 7. (1) The Corporation shall meet at such times and places, and shall subject to
Corpo- the provisions of sub-section (2) observe such rules of procedure in regard to the
ration. yransaction of its business as may be provided by regulations made under this Act
(2) A member, who is directly or indirectly concerned or interested in any
contract, loan, arrangement or proposal entered into or proposed to be entered
into, by or on behalf of the Corporation, shall at the earliest possible opportunity
disclose the nature of his interests to the Corporation, and shall not be present
at any meeting of the Corporation when any such contract, loan, arrangement
or proposal is discussed, unless his presence is required by the other members
for the purpose of eliciting information, but no member so required to be present
shall vote on any such contract, loan, arrangement or proposal :
Provided that, a member shall not be deemed to be concerned or interested
as aforesaid by reason only of his being a shareholder of a company concerned
in any such contract, loan, arrangement or proposal.
Cessation 8. (1) If a member--
of member- (a) becomes subject to any of the disqualifications mentioned in section 5, or
ship.
? (b) tenders his resignation in writing to, and such resignation is accepted
by, the State Government, or
1. Sub-section (1) was substituted by Mah. 44 of 1981, s. 3 (a).
2. These words, brackets and letters were substituted for the words, brackets and letters
“clause (a) or (g) of sub-section (1)", ibid., s. 3 (b).
3. This portion was substituted for the words, brackets and letters “nominated under
clause (b). (c) or (d)” by Mah. 18 of 1975, s. 4 (c).
4. These words, brackets and letters were substituted for the words, brackets and letters
“clause (b), (¢), (d), (e) or (f), of sub-section (1)” by Mah. 44 of 1981, s. 3 (c).
5. Sub-section (5) was added by Mah. 18 0f 1975, s. 4 (d).
[1962 : Mah. IIT Maharashtra Industrial 5
Development Act, 1961
(c) is absent without the Corporation’s permission from the three
consecutive meetings of the Corporation, or from all meetings of the
Corporation for three consecutive months, or
(d) is convicted of an offence involving moral turpitude,
he shall cease to be a member of the Corporation
(2) The State Government may by order suspend from office for such period as it
thinks fit, or remove from office any member of the Corporation, who in its opinion--
(a) has refused to act, or
(b) has become incapable of acting, or
(c) has so abused his position as member as to render his continuance on the
Corporation detrimental to the interest thereof or of the general public, or
(d) is otherwise unfit to continue as a member :
Provided that, a member shall not be suspended or removed from office unless
he has been given reasonable opportunity to show cause against the order.
9. Any vacancy of a member of the Corporation shall be filled as early as Vacancies
practicable, in like manner as if the appointment were being made originally : ‘f}“l’l‘;’d“’ be
Provided that, during any such vacancy the continuing members may act as
ifno vacancy had occurred.
1[10. (1) In the absence of the Chairman, the Vice-Chairman shall be Temporary
competent to carry out the duties and functions of the Chairman. ::::E: g
(2) If the Vice-Chairman or any other member of the Corporation is by reason
of illness or otherwise rendered temporarily incapable of carrying out his duties
oris granted leave of absence by the State Government, or is otherwise unable to
attend to his duties, in circumstances not involving the cessation of his
membership, the State Government may appoint another person to act for him
as the Vice-Chairman or other member, as the case may be, and to carry out his
duties and functions by or under this Act. Such person shall vacate office on the
date when the Vice-Chairman or other member, as the case may be, resumes his
duties.]
11. Nodisqualification of, or defect in the appointment of any person acting Proceeding
as the Chairman or Vice-Chairman or a member of the Corporation, shall vitiate Presumed
| bt o © be good
any act or proceeding of the Corporation, if such act or proceeding is otherwise and valid.
in accordance with the provisions of this Act.
12. (1) The State Government shall appoint a Chief Executive Officer, ?[ one Officers and
or more Deputy Chief Executive Officers ] and a Chief Accounts Officer of the Z‘:;V/an“ of
Corporation Corporation.
(2) The Corporation may appoint such other officers and servants, subordinate
to the officers mentioned in sub-section (1), as it considers necessary for the
efficient performance of its duties and functions.
1. Section 10 was substituted for the original section by Mah. 44 of 1981, s. 4.
2. These words were inserted by Mah. 18 of 1975, 5. 5 (a).
Corporation
to absorb
certain staf
and to
assume
obligations
of State
Govern-
ment in
respect of
matters to
which this
Act applies.
6 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
(3) The conditions of appointment and service of the officers and servants
and their scales of pay shall--
(a) as regards the Chief Executive Officer, '[the Deputy Chief Executive
Officer or Officers] and the Chief Accounts Officer, be such as may be
prescribed, and
(b) as regards the other officers and servants, be such as may be determined
by regulations made under this Act.
13. (1) The Corporation shall take over and employ such of the existing staff
T serving for the purposes of the Board of Industrial Development constituted by
Government Resolution in the Industries and Labour Department, No. IDL.
2360/140755-IND-I, dated the 1st October 1960, as the State Government may
direct, and every person so taken over and employed shall be subject to the
provisions of this Act and the rules and regulations made thereunder :
Provided--
(@) that, during the period of such employment all matters relating to the
pay, leave, retirement, allowances, pensions, provident fund and other
conditions of service of the members of the said staff shall be regulated by
the Bombay Civil Services Rules or such other rules as may from time to
time be made by the State Government;
(b) that, any such member shall have a right of appeal to the State
Government against any order of reduction, dismissal or removal from service,
fine or any other punishment.
(2) All permanent servants of the said staff taken over and employed by the
Corporation under sub-section (1) shall have a lien on their posts in the service
of the State Government, and the period of their service under the Corporation
shall on their reversion to the service of the State Government, be counted for
their increments, pension and other matters relating to their service
(3) All obligations incurred, all contracts entered into and all matters and
things engaged to be done, before the first constitution of the Corporation, by,
with or for the State Government or the Board of Industrial Development
aforesaid for any of the purposes of this Act, in respect of any schemes for the
development of industrial estates or industrial areas entrusted to the
Corporation, shall be deemed to have been incurred, entered into or engaged to
be done by, with or for the Corporation; and accordingly all suits or other legal
proceedings instituted or which might have been instituted by or against the
State Government or the Board of Industrial Development, as the case may be,
may be continued or instituted by or against the Corporation
(4) All expenditure which the Board of Industrial Development may have
incurred before the date of the coming into force of this Act in connection with
any of the purposes of this Act shall be deemed to be a loan advanced to the
Corporation under section 21 on that date, and all assets acquired by such
expenditure shall vest in the Corporation :
1. These words were inserted, by Mah. 18 of 1975, s. 5 (b).
[1962 : Mah. IIT Maharashtra Industrial 7
Development Act, 1961
1[ Provided that, where any capital receipts have been recovered by the Board
in the course of its dealings with such assets, the amount of such receipts shall
be excluded from the amount to be treated as a loan to the Board under this
sub-section. |
CHAPTER IIL
FuNCTIONS AND POWERS OF THE CORPORATION.
14. The functions of the Corporation shall be— Functions.
(i) generally to promote and assist in the rapid and orderly establishment,
growth and development of industries in the State of Maharashtra, and
(ii) in particular, and without prejudice to the generality of clause (1), to--
(@) establish and manage industrial estates at places selected by the State
Government;
(b) develop industrial area selected by the State Government for the purpose
and make them available for undertakings to establish themselves;
2% * * e e e e e
(d) undertake schemes or works, either jointly with other corporate bodies
or institution, or with Government or local authorities, or on an agency basis,
in furtherance of the purposes for which the Corporation is established and
all matters connected therewith.
15. Subject to the provisions of this Act, the Corporation shall have power— General
powers of
(@) to acquire and hold such property, both movable and immovable as the },he
Corporation may deem necessary for the performance of any of its activities, Corporation.
and to lease, sell, exchange or otherwise transfer any property held by it on
such conditions as may be deemed proper by the Corporation;
(b) to purchase by agreement or to take on lease or under any form of
tenancy any land, to erect such buildings and to execute such other works as
may be necessary for the purpose of carrying out its duties and functions;
(c) to provide or cause to be provided amenities and common facilities in
industrial estate and industrial areas and construct and maintain or cause
to be maintained works and buildings therefor;
(d) to make available buildings on hire or sale to industrialists or persons
intending to start industrial undertakings;
(e) to construct buildings for the housing of the employees of such industries;
(P (i) to allot factory sheds or such buildings or parts of buildings, including
residential tenements to suitable persons in the industrial estates established
or developed by the Corporation;
(ii) to modify or rescind such allotments, including the right and power
to evict the allottees concerned on breach of any of the terms or conditions
of their allotment;
1. This proviso was added by Mah. 18 of 1975, 5. 6.
2. Clause (c) was deleted, ibid., s. 7.
8 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
(g) to constitute advisory committee to advise the Corporation;
(h) to engage suitable consultants or persons having special knowledge or
skill to assist the Corporation in the performance of its functions ;
(i) subject to the previous permission of the State Government, to delegate
any of its powers generally or specially to any of its committees or officers,
and to permit them to re-delegate specific powers to their subordinates;
(j) to enter into and perform all such contracts as it may consider necessary
or expedient for carrying out any of its function; and
(%) to do such other things and perform such acts as it may think necessary
or expedient for the proper conduct of its functions, and the carrying into
effect the purposes of this Act.
Authentica- 16. All permissions, orders, decisions, notices and other documents of the
omeg‘";‘f({ Corporation shall be authenticated by the signature of the Chief Executive Officer
documents of the Corporation or any other Officer authorised by the Corporation in this
of Corb- hehalf,
oration.
levsogf;";g 7. Notwithstanding anything contained in any contract or in any law for
“charges. the time being in force, it shall be lawful for the Corporation to levy fees or
service charges to cover its expenses on maintenance of roads, drainage, water-
supply and such other services and amenities as may be provided by it, including
provision of street lighting, at such rates as may be prescribed, from time to
time. Such fees or charges may be levied on the plot holders or other persons
receiving benefit of the services or amenities.
by the 18. The State Government may issue to the Corporation such general or
State Gov- special directions as to policy as it may think necessary or expedient for the
ernment. purpose of carrying out the purposes of this Act, and the Corporation shall be
bound to follow and act upon such directions.
Directions
CHAPTER IV.
FINANCE, ACCOUNTS AND AUDIT.
‘:F‘ligl“‘;“)r: 19. All property, fund and other assets vesting in the Corporation shall be
ton assets. held and applied by it, subject to the provisions and for the purposes of this Act.
%“’mf';‘;‘;‘:is 20. (1) The Corporation shall have and maintain its own fund, to which
" shall be credited--
(@) all monies received by the Corporation from the State Government by
way of grants, subvention, loans, advances or otherwise;
(b) all fees, costs and charges received by the Corporation under this Act;
(c) all monies received by the Corporation from the disposal of lands,
buildings and other properties movable and immovable, and other
transactions;
(d) all monies received by the Corporation by way of rents and profits or in
any other manner or from any other source.
1. Section 17 was substituted for the Original by Mah. 18 of 1975, s. 8.
[1962 : Mah. IIT Maharashtra Industrial 9
Development Act, 1961
(2) The Corporation may keep in current or deposit account with the State
Bank of India or any other Bank approved by the State Government in this
behalf, such sum of money out of its fund as may be prescribed, and any money
in excess of the said sum shall be invested in such manner as may be approved
by State Government.
(3) Such accounts shall be operated upon by such officers of the Corporation
as may be authorised by it by regulations made in this behalf.
1[(4) Notwithstanding anything contained in sub-sections (2) and (3), the
Corporation may keep on hand such sum as it thinks fit for its day to day
transactions, subject to such limits and conditions as may be prescribed.]
21. The State Government may, after due appropriation made by the State Grants,
Legislature by law in this behalf, make such grants, subvention, loans and subventions,
advances to the Corporation as it may deem necessary for the performance of :f\f‘;:e“sdm
the functions of the Corporation under this Act; and all grants, subventions, the Corpo-
loans and advances made shall be on such terms and conditions as the State ration.
Government may after consulting the Corporation determine.
2[22. °[ (1) Subject to such conditions as may be prescribed, the Corporation Power of
may, for the purpose of providing itself with adequate resources, borrow money S)OE::::O“
in the open market by issue of guaranteed or unguaranteed bonds, debentures, :
stocks or otherwise, or borrow money from any scheduled banks, or from such
other banks or financial institutions as are approved, from time to time, by the
State Government in this behalf]
(2) The maximum amount which the Corporation may at any time have on
loan under sub-section (1) shall be rupees seventy-five crores, unless the State
Government with the approval of the State Legislative Assembly, by notification
in the Official Gazette, fixes a higher maximum amount for this purpose.]
23. The Corporation may accept deposits on such conditions as it deems fit Deposits.
from persons, authorities or institutions, to whom allotment or sale of land,
buildings or sheds is made or is likely to be made in furtherance of the objects of
this Act.
24. (1) The Corporation shall make provision for such reserve and other Reserve
specially denominated funds as the State Government may, from time to time, ?::lldg"he'
direct. o
(2) The management of the funds referred to in sub-section (1), the sums to
be transferred from time to time to the credit thereof and the application of
money comprised therein, shall be determined by the Corporation.
(3) None of the funds referred to in sub-section (1) shall be utilised for any
purpose other than that for which it was constituted, without the previous
approval of the State Government.
1. Sub-section (4) was added, by Mah. 18 of 1975, s. 9.
2. Section 22 was substituted for the Original by Mah. 18 of 1975, s. 10.
3. Sub-section (1) was substituted by Mah. 57 of 1981, s. 2 with retrospective effect from the 1st
April 1976.
10 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
Expendi- 25. (1) The Corporation shall have the authority to spend such sums as it
‘“ref::;': thinks fit for the purposes authorised under this Act from out of the general
" fund of the Corporation referred to in section 20 or from the reserve and other
funds referred to in section 24, as the case may be
(2) Without prejudice to the generality of the power conferred by sub-section
(1), the Corporation may contribute such sums as it thinks fit towards
expenditure incurred or to be incurred by any local authority or statutory public
undertaking in the performance, in relation to any of its industrial estates or
industrial areas, of any of the statutory functions of such authority or
undertaking, including expenditure incurred in the acquisition of land
Budget and 26. (1) The Corporation shall, by such date in each year as may be prescribed,
programme prepare and submit to the State Government for approval an annual financial
of work- statement and the programme of work for the succeeding financial year.
(2) The annual financial statement shall show the estimated receipts and
expenditure during the succeeding financial year in such form and detail as
may be prescribed.
(3) The Corporation shall be competent to make variations in the programme
of work in the course of the year provided that all such variations and
reappropriations out of the sanctioned budget are brought to the notice of the
State Government by a supplementary financial statement.
(4) A Copy each of the annual financial statement and the programme of
work and the supplementary financial statement, if any, shall be placed before
each House of the State Legislature as soon as may be after their receipt by the
State Government.
Accounts 27, (1) The Corporation shall maintain books of account and other books in
and audit. yojation to its business and transactions in such form, and in such manner, as
may be prescribed.
1[ (2) The accounts of the Corporation shall be audited by the auditor appointed LVI
in accordance with the provisions of sub-section (3) of section 19 of the ‘1971
Comptroller and Auditor-General’s (Duties, Powers and Conditions of Service) .
Act, 1971 or by any other auditor appointed by the State Government.]
(3) As soon as the accounts of the Corporation are audited, the Corporation
shall send a copy thereof together with the copy of the report of the auditor
thereon to the State Government.
(4) The State Government shall cause the accounts of the Corporation together
with the audit report thereon forwarded to it under sub-section (3) to be laid
annually before each House of the State Legislature.
Concurrent 28, (1) Notwithstanding anything contained in the last preceding section,
““da:gf:'z}. the State Government may order that there shall be concurrent audit of the
accounts. accounts of the Corporation by such person as it thinks fit. The State Government
may also direct a special audit to be made by such person as it thinks fit of the
accounts of the Corporation relating to any particular transaction or class or
series of transactions or to a particular period
1. Sub-section (2) was substituted, by Mah. 57 of 1981, s. 3.
Bom.
1 of
1956.
Bom.
LVIT
of
[1962 : Mah. IIT Maharashtra Industrial 11
Development Act, 1961
(2) When an order is made under sub-section (1), the Corporation shall present
or cause to be presented for audit such accounts and shall furnish to the person
appointed under sub-section (1) such information as the said person may require
for the purpose of audit.
CHAPTER V.
APPLICATION OF GOVERNMENT PREMISES (EVICTION) AcT, AND NON-APPLICATION OF
RENT CONTROL AcTs T0 CORPORATION PREMISES.
29. (1) The State Government may, by notification in the Official Gazette,
provide from such date as is stated therein that the Bombay Government
or leased by, the Corporation as that Act applies in relation to Government
premises, but subject to the provisions of sub-section (2)
(2) On anotification being issued under sub-section (1), the aforesaid Act and
the rules made thereunder shall apply to premises of the Corporation with the
following modifications, that is to say--
(@) the State Government shall appoint an officer who is holding or has
held office whether under the Government or the Corporation, which in the
opinion of the State Government is not lower in rank than that of a Deputy
Collector or an Executive Engineer, to be the competent authority for the
purposes of the aforesaid Act ?[ and one or more officers may be appointed as
competent authorities for different areas or for the same area I;
(b) references to “Government premises” in that Act and those rules shall
be deemed to be references to premises of the Corporation, and references to
“the State Government” in sections 4, 5, 6 and 9 shall be deemed to be
references to the Corporation.
30. The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Naw,
see the Maharashtra Rent Contrale Act, 1999 (Mah. 18 of 200). any other law
Application
of Bombay
Government
" Premises (Eviction) Act, 1955, shall apply to premises belonging to, vesting in, pypises
(Bviction
Act, 1955 to
Corporation
premises.
Non-appli-
cation of
Rents on
1947. corresponding thereto for the time being in force in any part of the oyt
State —
(a) shall not apply to any premises belonging to or vesting in the Corporation
under or for the purposes of this Act;
(b) shall not apply as against the Corporation to any tenancies or like
relationship created by the Corporation in respect of any such premises;
(c) but shall apply to any premises let to the Corporation
1. The Short title ofhas Act, was amended as “ the Maharashtra Government premises (EVicton)
Act” by Mah. 24 of 2012 Sch. Entry 59, w. e. of 1st May 1960.
2. Thes words were insenrted by Mah. 18 of 1975. s. 11.
Acts to
Corporation
premises.
12 Maharashitra Industrial [1962 : Mah. III
Development Act, 1961
CHAPTER VI.**
AcquisiTioN AND DisposaL oF LanD.
Application. 31. The provisions of this Chapter shall apply to such areas from such dates
as have been notified by the State Government under sub-section (3) of section 1.
Compulsory 32. (1) If, at any time in the opinion of the State Government, any land is
acquisition. required for the purpose of development by the Corporation, or for any other
purpose in furtherance of the objects of this Act, State Government may acquire
such land by publishing in the Official Gazette anotice specifying the particular
purpose for which such land is required, and stating therein that the State
Government has decided to acquire the land in pursuance of this section.
(2) Before publishing a notice under sub-section (1), the State Government
shall by another notice call upon the owner of the land and any other person
who in the opinion of the State Government may be interested therein, to show
cause, within such time as may be specified in the notice, why the land should
not be acquired. [ The State (govemment shall also cause public notice to be
given in the manner laid down in section 53 and in the Official Gazette ] :
1. Section 7 of Mah. 11 of 1967, reads as under :--
Right to *7- (1) In case in which the Collector has determined the amount of compensation to be paid for
claim acquisition of any land under Chapter VI of the principal Act, before the 8th day of June 1967,
difference notwithstanding that no appeal against such decision of the Collector is made under section 34 of
in com- that Act or that, any such appeal has been made and disposed of, any person considering himself
pensation aggrieved by such decision of the Collector or the decision of the Court in appeal may, within a
and period of one year from the said date, apply to the Collector for a review of his case and to refix the
validation »mount of compensation, and claim the difference (if any) between the amount of compensation
of certain 4y determined by the Collector or the Court, as the case may be, and the amount which may
A ons, be arrived at by following the provisions of sub-section (5) of section 33 of the principal Act as
* amended by this Act. If any appeal against such decision of the Collector is pending before any
Court on the said date, the Court may either itself determine the amount of compensation by
following the provisions of sub-section (5) of the said section 33 as amended by this Act or remand
the case to the Collector for review and refixing the amount accordingly. In either case, the party
concerned shallbe entitled to claim the difference (ifany)as aforesaid. Every decision of the Collector
on review under this section shall be subject to an appeal under section 34 of the principal Act.
(2) No acquisition of land made or purporting to have been made under the said Chapter VI before
the said date, and no action taken or thing done (including any notice issued or published, agreement
reached, order made or decision given) in connection with such acquisition shall be deemed to be
invalid or ever to have become invalid merely on the ground that the amount of compensation was not
determinable under sub-section (5) of the said section 33 as amended by this Act.
(3) Nothing in this section shall apply where the compensation has been determined by agreement
under sub-section (2) of section 33 of the principal Act.”.
2. Section 3 of Mah. 45 of 1971 reads as under -
Acquisition “3. No acquisition of land made, or purporting to have been made, under Chapter VI of the
proceedings principal Act, or by consent or agreement between the parties, before the commencement of this ot invalid ’ e b 1 merely on Act, no acquisition proceedings taken under the said Chapter and pending at any stage at the
the ground Commencement of this Act, and no action taken or thing done (including any notice issued, served
of.non-pub- or published, agreement reached compromise recorded, order made or decision given) in connection
lication in _ . e io . . A " the Offieiql With such acquisition or acquisition proceedings, shall be deemed to the invalid or ever to have
Gazetie ofa become invalid merely on the ground that the notice (if any) issued in that ease under sub-section
notice under (2) of section 32 of the principal Act at any time before the 8th day of June 1976 was not published
Sestion 32 in the Oficial Gazette, but was served in the manner laid down in section 52 of that Act.”.
before 8th
June 1967,
if served in
accordance
with section
52.
3. This portion was added by Mah. 11 of 1967, 5. 2 (a).
Bom.
I of
1959.
Mah.
Vof
1962.
[1962 : Mah. IIT Maharashtra Industrial 13
Development Act, 1961
‘[ Provided that, if the land proposed to be acquired falls within a Scheduled
Area then the State Government shall before such acquisition consult,—
(i) the Gram Sabha and the Panchayat concerned if the land is falling
within the area of one Panchayat ;
(ii) the concerned Gram Sabhas and the Panchayat Samitee if the land is
falling within the area of more than one Panchayats in the Block concerned;
(iii) the concerned Gram Sabhas and the Zilla Parishad if the land is
falling within the area of more than one Block in the district concerned;
such consultation shall be carried out in the manner as may be laid down by
the State Government by issuing a general or special order in this behalf :
Provided that the decision taken by the majority of the Gram Sabhas
concerned by passing a resolution in above matters shall be binding on the
concerned Panchayat Samitee or the Zilla Parishad as the case may be
Explanation.—For the purposes of these provisos,—
(i) the expressions “Gram Sabha” or “Panchayat” and “Scheduled Areas”
shall have meanings, respectively, assigned to them in the Bombay Village
Panchayats Act, 1958;
(ii) the expressions “Panchayat Samitee” and “Zilla Parishad” shall have
the meanings, respectively, assigned to them in the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961.]
(3) After considering the cause, if any, shown by the owner of the land and by
any other person interested therein and after giving such owner and person an
opportunity of being heard, the State Government may pass such orders as it
deems fit.
(4) When a notice under sub-section (1) is published in the Official Gazette
the land shall on and from the date of such publication vest absolutely in the
State Government free from all encumbrances :
[ Provided that if before actual possession of such land is taken by or on
behalf of the State Government, it appears for the State Government that the
land is no more required for the purposes of this Act, the State Government
may, by like notice, withdraw the land from acquisition and on the publication
of such notice in the Official Gazette, the land shall revest with retrospective
effect in the person in whom it was vesting immediately before the publication
of the notice under sub-section (1), subject to such encumbrances, if any, as
may be subsisting at that time. The owner and other persons interested shall
be entitled to compensation for the damage, if any, suffered by them in
consequence of the acquisition proceedings as determined in accordance with
the provisions of section 33. ]
(5) Where any land is vested in the State Government under sub-section (4),
the State Government may by notice in writing, order any person who may be
in possession of the land to surrender or deliver possession thereof to the State
Government or any person duly authorised by it in this behalf within thirty
days of the service of the notice.
1. This proviso was added by Mah. 46 of 1997, s. 11.
2. The short title of this Act, was amended as } the Maharashtra village Panchey B Act” in Mas
24 0f 2012, Sch. entry 74, w. e. f. 1st May 1960.
3. This proviso was added by Mah. 18 of 1975, 5. 12 (a).
Compensa-
tion.
14 Maharashitra Industrial [1962 : Mah. III
Development Act, 1961
(6) If any person refuses or fails to comply with an order made under sub-
section (5), the State Government may take possession of the land, and may for
that purpose use such force as may be necessary.
1[(7) Where the land has been acquired for the Corporation or any local
authority, the State Government shall, after it has taken possession thereof, by
notification published in the Official Gazette, transfer the land to the Corporation
or that local authority, as the case may be, for the purpose for which it was acquired,
and the provisions of section 43-1A shall apply to any land so transferred.]
33. (1) Where any land is acquired by the State Government under this
Chapter, the State Government shall pay for such acquisition compensation
the amount of which shall be determined in accordance with the provisions of
this section
(2) Where the amount of compensation has been determined by agreement
between the State Government and the person to be compensated, it shall be
determined in accordance with such agreement.
(3) Where no such agreement can be reached, the State Government shall
refer the case to Collector for determination of the amount of compensation to
be paid for such acquisition as also the person or persons to whom such
compensation shall be paid
[ Provided that, no compensation exceeding such amount as the State
Government may by general order specify, to be paid for such acquisition shall
be determined by the Collector without the previous approval of the State
Government or such officer as the State Government may appoint in this behalf. ]
[ (3A) Notwithstanding anything contained in sub-section (3), if after the case
is referred to the Collector under that sub-section but before he has finally
determined the amount of compensation, such amount is determined by agreement
between the State Government and the person to be compensated, the compensation
shall be determined by the Collector in accordance with such agreement.]
(4) Before finally determining the amount of compensation, the Collector shall
give an opportunity to every person to be compensated to state his case as to
the amount of compensation.
[ (5) In determining the amount of compensation, the Collector shall be guided
by the provisions contained in sections 23 and 24 and other relevant provisions
1 of of the Land Acquisition Act, 1894, subject to the modifications that the references
1894. in the said sections 23 and 24 to the date of the publication of the notification
under section 4, sub-section (1), were references to the date °[ of the service or
publication of the notice under sub-section (2) of section 32 of this Act in the
manner for the time being laid down under this Act ], and the references to the
time or date of the publication of the declaration under section 6 were references
to the date of the publication of the notice under sub-section (1) of section 32 of
this Act in the Official Gazette.]
1. Sub-section (7) was substituted for the original, by Mah. 18 of 1975, s. 12 (b).
2. This proviso was added by Mah. 32 of 1967, s (2).
3. Sub-section (34) was inserted by Mah. 18 of 1975, s. 13.
4. Sub-section (5) was deemed always to have been substituted by Mah. 11 of 1967. s. 3.
5. These words were deemed always to have been substituted by Mah. 45 of 1971, s 2 (a).
[1962 : Mah. IIT Maharashtra Industrial 15
Development Act, 1961
[ Explanation.--For the purposes of this sub-section the date of the service
of anotice under sub-section (2) of section 32 of this Act shall before the 8th day
of June 1967 mean the date on which the notice is served in the manner laid
down in section 52 of this Act; and on and after the 8th day of June 1967 the
date of the publication of a notice under the said sub-section (2) of section 32
shall be the date on which the notice is published in the Official Gazette.]
(6) For the purpose of determining the amount of compensation—
(@) the Collector shall have power to require any person to deliver to him
such returns and assessments as he considers necessary;
(b) the Collector shall also have power to require any person known or
believed to be interested in the land to deliver to him a statement containing,
as far as may be practicable, the name of every other person having any
interest in the land as co-owner, mortgagee, tenant, or otherwise, and the
nature of such interest, and of the rents and profits (if any) received or
receivable on account thereof for three years next proceeding the date of the
statement.
xLv (7) Every person required to deliver a return, assessment or statement under
of sub-section (6) shall be deemed to be legally bound to do so within the meaning
1860- of section 175 and section 176 of the Indian Penal Code.
(8) The Collector may hear expert witnesses if it be necessary to do so in any
particular case.
(9) The Collector or any officer authorised by himin this behalf shall be entitled
to enter on and inspect any land which is subject to proceedings before him.
(10) The Collector shall dispose of every case referred to him under sub-
section (3) for determination of compensation as expeditiously as possible and
in any case within such time as may be prescribed by rules.
(11) The Collector shall determine the amount or cost incurred in any case
disposed of by him under the section, and by what persons and in what
proportions they are to be paid.
[ (12) Where any case is referred to any Collector under sub-section (3), the
State Government may, at any stage, by order in writing and for reasons to be
recorded therein, transfer it to any other Collector, and upon such transfer,
unless some special directions are given in the order, the Collector to whom the
case is transferred may hear and dispose of the case from the stage at which it
was transferred or the case may be heard and disposed of by him de novo.]
Tof 34. ’[(1) Any person aggrieved by the decision of the Collector determining Appeal to
18%4. the amount of compensation may, within sixty days from the date of such Court-
decision, in so far as it affects him, by written application to the Collector require
that the matter be referred by him for determination of the Court as defined in
the Land Acquisition Act, 1894, in its application to the State of Maharashtra,
and when any such application is made the provisions of Part III of the said Act
shall mutatis mutandis apply to further proceedings in respect thereof.]
1. This Explanation was deemed always to have been added on 8th June 1967, by Mah. 45 of
1971, s. 2 (b).
2.Sub-section (12) was added by Mah. 25 of 1977, s. 2.
3. Sub-section (1) was substituted for the original by Mah. 18 of 1975, s. 14 (a.
16 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
(2) The decision of the Court '[on such referencel, and subject only to such
decision, the decision of the Collector determining the amount of the
compensation, shall be final.
Disputesas 35, When the amount of compensation has been settled under section 33, if
:" "PP"‘L" any dispute arises as to the apportionment of the same or any part thereof, or
onment: a5 to the persons to whom the same or any part thereof is payable, the Collector
may refer such dispute for the decision of the Court.
Paymentof 36. (1) Where the amount of compensation is determined by agreement, the
compensa- Tyigtrict Government shall pay such amount to the person or persons entitled thereto.
(2) Where the amount of compensation is determined by the Collector under
provisions of section 33, the State Government shall tender payment of the
compensation determined to the persons entitled thereto according to such
determination and shall pay to them unless prevented by some one or more of
the contingencies mention hed in sub-section (3)
(3) If the persons entitled to compensation according to the decision of the
Collector do not consent to receive it, or if there be no person competent to
alienate the land or if there be any disputes as to the title to receive the
compensation, the State Government shall deposit the amount of the
compensation so determined in the Court :
Provided that, any person admitted to be interested may received such
payment under protest as to the sufficiency of the amount of compensation :
Provided further that, nothing herein contained shall after the liability of any
person, who may receive the whole or any part of any compensation determined
under this Chapter, to pay the same to the person lawfully entitled thereto.
Investnent 37, Where any amount of compensation has been deposited in Court under
dz;:;‘xl"“; the last preceding section, the Court may either of its own motion or on the
Court, appllcatlon made by or on behalf of any party interested or claiming to be interested
in such amount, order the same to be invested in such Government or other
securities approved by the State Government as it may think proper, and may
direct the interest or other proceeds of any such investment to be accumulated
and paid in such manner as will, in its opinion, give the parties interested therein
the same benefit therefrom as they might have had from the land in respect
whereof such amount has been deposited or as near thereto as may be.
Paymentof 38, When the amount of such compensation is not paid or deposited on or
interest. hefore taking possession of the land, the State Government shall pay the amount
of compensation determined with interest thereon at the rate of four per cent
per annum from the time of so taking possession until it shall have been so paid
or deposited.
hli‘spgs“:lf; 39. (1) Subject(to any di(‘ections given by the State Government under this
Cm;m‘_ Act, the Corporation may dispose of—
tion. (@) any land acquired by the State Government and transferred to it,
without undertaking or carrying out any development thereon; or
(b) any such land after undertaking or carrying out such development as it
thinks fit,
1. These words were substituted for the words “on such appeal” by Mah. 18 of 1977, s. 14 (b)
[1962 : Mah. IIT Maharashtra Industrial 17
Development Act, 1961
to such persons in such manner and subject to such terms and conditions, as it
considers expedient for securing the purposes of this Act.
(2) The powers of the Corporation with respect to the disposal of land under
sub-section (1) shall be so exercised as to secure, so far as practicable, that—
(@) where the Corporation proposes to dispose of by sale any such land
without any development having been undertaken or carried out thereon,
the Corporation shall offer the land in the first instance to the persons from
whom it was acquired, if they desire to purchase it, subject to such
requirements as to its development and use as the Corporation may thinks
fit to impose;
(b) persons who are residing or carrying on business or other activities on
any such land shall, if they desire to obtain accommodation on land belonging
to the Corporation and are willing to comply with any requirements of the
Corporation as to its development and use, have an opportunity to obtain
thereon accommodation suitable to their reasonable requirements on terms
settled with due regard to the price at which any such land has been acquired
from them.
(3) Nothing in this Act shall be construed as enabling the Corporation to
dispose of land by way of gift, mortgage or charge, but subject as aforesaid
reference in this Act to the disposal of land shall be construed as reference to
the disposal thereof in any manner, by way of sale, exchange or lease or by the
creation of any easement, right or privilege or otherwise.
40. [ Government lands. | Deleted by Mah. 11 0f 1967, s. 4.
41. [Right of land owner to compel Corporation to acquire his interest. |
Deleted by Mah. 11 of 1967, s. 4.
42. The State Government may if it thinks fit delegate any of its powers Delegation
under this Chapter to any of its officers by rules made in this behalf. zfié)"s‘;’:t‘: of
[ CHAPTER VI-A. Government.
UNuTILISED SURPLUS LANDS IN INDUSTRIAL AREAS.
42A. (1) With a view to ascertaining whether any industrial area developed Acquisition
by the Corporation has been fully utilised for industrial purposes or not, the ;fl;fiz‘tfis
State Government may direct the Corporation to submit to it a six-monthly in industrial
L g o 7 aroasand
report containing the following information in respect of such area, namely : e o
(@) the total number of plots and the area of each plot in the industrial area; o'{:‘;ri .
(b) the number of plots allotted to the plot holders and the number of plots eustres
still in possession of the Corporation;
(c) the date on which possession of each plot was delivered to the plot
holder, the period for which the plot is allotted and the premium or rent paid
or payable by the plot holder;
(d) unutilised buildable area in each plot, having due regard to the building
regulations of the Corporation or the local authority concerned within whose
jurisdiction the industrial area is situated;
1. Chapter VI-A was inserted by Mah. 18 of 1975, s. 15.
18 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
(e) how much unutilised area of each plot is capable of sub-division and
whether the unutilised area can be utilised for accommodating another
industry, after sub-division;
(f) the period for which the area of any plot (whether whole or part)
remained unutilised from the date of delivery of possession to the plot holder
and the reasons therefor as stated by the plot holder.
(2) Upon receipt of such directions, the Corporation shall issue notices to the
plot holders in the industrial area calling upon them to furnish to it the
information in the prescribed form and when so called upon each plot holder
shall be bound to furnish true and correct information required within one month
from the date of receipt of such notice by him.
(3) For the purpose of enabling the Corporation to determine whether there
is any unutilised portion of any plot in the industrial area and whether such
portion is capable of sub-division so as to make it useful for accommodating any
other industry after sub-division, it shall be lawful for any officer of the
Corporation, either generally or specially authorised by it in this behalf, and for
his servants and workmen, at all reasonable hours,—
(i) toenter upon and survey the plot;
(ii) to set out the boundaries of the unutilised portion of the plots; and
(iii) to do all other acts necessary for the purposes aforesaid.
(4) Ifupon the report submitted by the Corporation, the State Government is
satisfied that any plot holder has not utilised the maximum buildable area of
his plot for a period of five years or more from the date on which possession of
the plot was delivered to him by the Corporation and the unutilised portion is
capable of sub-division so as to make it useful for accommodating any other
industry, the State Government may, notwithstanding anything contained in
any contract or in any law for the time being in force before the expiry of such
period from the date of receipt of such report as may be prescribed, issue to the
plot holder and all other persons interested in the plot notices to show cause
why such unutilised portion should not be acquired for the purpose of being
utilised for accommodating another industry. The State Government shall also
cause public notice to be given in the manner laid down is section 53
(5) When any such notice is issued, the State Government shall give a
reasonable opportunity of being heard to the plot holder and other persons
interested in the plot and it shall be open to the plot holder or any other persons
interested in the plot to appear and object to such acquisition on the ground
that the unutilised portion is required by the plot holder himself for the purpose
of immediate expansion of his own industry and that he has already taken
effective steps for utilising such portion
Explanation.—For the purposes of this sub-section, the expression “effective
steps” shall mean the following steps, namely :--
(i) the plot holder has prepared the necessary project report in respect of
the proposed expansion of his industry, indicating the requirements of such
expansion; and
1951.
[1962 : Mah. IIT Maharashtra Industrial 19
Development Act, 1961
(ii) (@) the plot holder has obtained whenever necessary letter of intent or
industrial licence or registration from the Government of India as required
under the Industries (Development and Regulation) Act, 1951; or
(b) the plot holder has completed the negotiations with financial institutions
for raising required finance and sixty per cent or more of the capital
requirements for such expansion have been subscribed in the case of the
company which has to go in for public issue where applicable; or
(c) the plot holder has placed a firm order for purchase of at least 50 per
cent or the plant and machinery required for the purpose of expansion.
(6) If after giving a reasonable opportunity of being heard, the State
Government is satisfied that the holder of the plot has failed to utilise or is not
likely to utilise the unutilised portion for industrial purposes within a reasonable
period, and such unutilised portion can be used for accommodating another
industry, the State Government may, notwithstanding anything contained in
any contract or in any law for the time being in force for the purpose of enabling
the Corporation to properly discharge its functions of promoting rapid growth
and development of industries by accommodating another industry on such
unutilised portion, acquire the land of such portion by publishing in the Official
Gazette anotice specifying the purpose for which the land is required, and stating
therein, that the State Government had decided to acquire the land in pursuance
of this section. When such a notice is published in the Official Gazette, the land
shall, on and from the date of such publication, vest absolutely in the State
Government, free from all encumbrances.
(7) Where any land is vested in the State Government under the last preceding
sub- section, the State Government may, by notice in writing, order any person
who may be in possession of the land to surrender or deliver possession thereof
to the State Government or any person duly authorised by it in this behalf
within thirty days of the service of the notice.
(8) If any person refuses or fails to comply with an order made under the last
preceding sub-section, the State Government may take possession of the land,
and may for that purpose use such force as may be necessary.
(9) Where any land is acquired by the State Government under this section
the State Government shall pay, for such acquisition an amount, which shall as
far as possible be determined in accordance with the provisions of section 33,
and the provisions of sections subsequent to section 33 in Chapter VI shall
mutatis mutandis apply to further proceedings in respect of such amount :
Provided that, the amount to be awarded and paid shall not in the case of a
premium lease exceed the proportionate amount of premium paid by the plot
holder or his predecessor-in-title claiming under the Corporation in respect of
the land so acquired, with interest, thereon at six per cent per annum from the
date of payment of the premium, and where the lease is a rental lease the amount
to be awarded shall not exceed an amount equal to five times the net average
yearly proportionate rent payable by the plot holder to the Corporation in respect
of the land so acquired.]
20 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
CHAPTER VIL
SUPPLEMENTARY AND MISCELLANEOUS PROVISIONS.
1[43-1A. (1) For the furtherance of the objects of this Act, the State
Government may [ by notification published in the Official Gazette,] upon such
conditions as may be agreed upon between that Government and the
Corporation, place at the disposal of the Corporation, any lands vested in the
State Government.
(2) After any such land has been developed by, or under the control and
supervision of the Corporation, it shall be dealt with by the Corporation in
accordance with the regulations made, and directions given by the State
Government in this behalf.
(3) If any land placed at the disposal of the Corporation under sub-section (1)
is required at any time thereafter by the State Government, the Corporation
shall replace it at the disposal of the State Government upon such terms and
conditions as may be mutually agreed upon.]
Powers of ~ 43. (1) If the Corporation after holding a local inquiry, or upon report from
the any of its officers or other information in its possession, is satisfied that the
C"‘g";“;:;“’;‘f owner of any land in an industrial area has failed to provide any amenity in
certain Telation to the land which in the opinion of the Corporation ought to be provided
defaults by or to carry out any development of the land for which permission has been
and l"!f obtained under this Act, the Corporation may serve upon the owner a notice
industrial requiring him to provide the amenity or carry out the development within such
area. time as may be specified in the notice.
(2) If any such amenity is not provided or any such development is not carried
out within the time specified in the notice, then the Corporation may itself
provide the amenity or carry out the development or have it provided or carried
out through such agency as it deems fit :
Provided that, before taking any action under this sub-section, the Corporation
shall afford reasonable opportunity to the owner of the land to show cause as to
why such action should not be taken.
(3) All expenses incurred by the Corporation or the agency employed by it in
providing the amenity or carrying out the development together with interest,
at such rate as the State Government may by order fix, from the date when a
demand for the expenses is made until payment, shall be recoverable by the
Corporation from the owner.
Orderof ~ 44. (1) Where the erection of any building in an industrial estate or industrial
demolition area has been commenced, or is being carried on, or has been completed, or any
of bulding. existing building is altered, in contravention of the terms on which such building
or the land on which it stands is held or granted under this Act, any officer of
the Corporation empowered by it in this behalf may, in addition to any
prosecution that may be instituted under this Act, make an order directing that
such erection shall be demolished by the owner thereof within such period not
exceeding two months as may be specified in the order, and on the failure of the
owner to comply with the order, the officer may himself cause the erection to be
demolished and the expenses of such demolition shall be recoverable by the
Corporation from the owner :
1. Section 43-1A was inserted by Mah. 11 of 1967, s. 5.
2. These words were inserted by Mah. 18 of 1975, s. 16.
Govern-
ment lands.
[1962 : Mah. IIT Maharashtra Industrial 21
Development Act, 1961
Provided that, no such order shall be made unless the owner has been given
a reasonable opportunity to show cause why the order should not be made.
(2) Any person aggrieved by an order under sub-section (1) may appeal against
that order within thirty days from the date thereof to a Committee of the
Corporation set up for the purpose by regulations made in this behalf. Such
Committee may after hearing the parties to the appeal either allow or dismiss
the appeal or reverse or vary any part of the order.
(3) The decision of the Committee on the appeal and subject only to such
decision the order made by the officer under sub-section (1) shall be final.
45. (1) Where the erection of any building in an industrial estate or industrial Power to
area has been commenced, or is being carried on, or has been completed, or any :‘L:’i*l’ in,
existing building is altered, in contravention of the terms on which such building Opem,gm
or the land on which it stands is held or granted under this Act, any officer of
the Corporation empowered in this behalf may, in addition to any prosecution
that may be instituted under this Act, make an order requiring the building
operations in relation to such erection to be discontinued on and from the date
of the service of the order.
(2) Where such building operations are not discontinued in pursuance of the
requisition under sub-section (1), the Corporation or the officer empowered as
aforesaid may require any police officer to remove the person by whom the
erection of the building has been commenced and all his assistants and workmen
from the place of the building within such time as may be specified in the
requisition, and such police officer shall comply with the requisition accordingly.
(3) After a requisition under sub-section (2) has been complied with, the
Corporation or the officer empowered as aforesaid may depute by a written
order a police officer or an officer, or employee of the Corporation to watch the
place in order to ensure that the erection of the building is not continued.
(4) Any person failing to comply with an order made under sub-section (1)
shall, on conviction, be punished with fine which may extend to two hundred
rupees for every day during which such non-compliance continues after the
service of the order.
(5) No compensation shall be claimable by any person for any damage or loss
which he may sustain in consequence of any order made under this section.
46. (1) Any person who whether at his own instance or at the instance of any Penalty for
other person undertakes or carries out construction or alterations to any building construc-
in an industrial estate or industrial area contrary to the terms under which he fi“?'];z; b}
holds such building or land under this Act shall, on conviction, be punished pyldings
with fine which may extend to ten thousand rupees, and in the case of a contrary to
continuing contravention, with a further fine which may extend to five hundred terms of
rupees for every day during which such offence continues after conviction for "*“"8"
the first commission of the offence.
(2) Any person who uses any land or building in an industrial estate or
industrial area contrary to the terms under which he holds such land or building
under this Act or in contravention of the provisions of any regulations made in
this behalf shall, on conviction, be punished with fine which may extend to five
thousand rupees
22 Maharashitra Industrial [1962 : Mah. III
Development Act, 1961
Powertolay 47. (I) (i) Within any area taken up for development under paragraph (b) of
pipe ]"e‘“? clause (ii) of section 14, the Corporation, and
) (ii) for the purposes of (@) carrying gas, water or electricity from a source
of supply to, or () constructing any sewers or drains necessary for carrying
off the workings and waste liquids of an industrial process through, any
intervening area, any person empowered in this behalf by the State
Government by notification in the Official Gazette (hereinafter in this section
referred to as “the authorised person”),
may lay down, place, maintain, alter, remove or repair any pipe, pipe lines,
conduits, supply or service lines, posts or other appliances or apparatus in, on,
under, over, along or across any land in such areas
(2) The Corporation or the authorised person may at any time enter upon
any land in any such area and in such event the provisions of section 48 shall
mutatis mutandis apply.
(3) While exercising the power conferred by sub-section (1), the Corporation
or the authorised person shall-
(i) where the land affected is a street, bridge, sewer, drain, or tunnel, comply Bom
mutatis mutandis with the relevant provisions of the Gas Companies Act, 1322
1863, notwithstanding the fact that the Act is not in force in the area or that .
the State Government has not issued a notification extending such provisions
to such land,
(ii) cause as little damage as possible to property.
Full compensation to all persons interested for any damage sustained by them
in consequence of the exercise of such power as aforesaid shall be paid, as the
case may be, by the Corporation or, in the case of the authorised person, by the
State Government.
(4) Nothing herein shall authorise or empower the Corporation or the authorised
person to lay down or place any pipe or other works into, through or against any
building or in any land not dedicated to public use without the consent of the
owners and occupiers thereof, except that the Corporation or such person may at
any time enter upon and lay or place new pipe in the place of an existing pipe in
any land wherein any pipe has been already lawfully laid down or placed in
pursuance of this Act, and may repair or alter any pipe so laid down :
Provided that, nothing in the aforesaid provision shall be construed to mean
that the Corporation or other person is forbidden from having the said land
acquired at any time by the State Government in the normal course.
Powersof 48. Any officer of the State Government, any member of the Corporation,
entry. and any person either generally or specially authorised by the Corporation in
this behalf, may enter into or upon any land or building with or without assistants
or workmen for the purpose of-
(@) making any inspection, survey, measurement, valuation or enquiry or
taking levels of such land or buildings;
(b) examining works under construction and ascertaining the course of
sewers and drains;
(c) digging or boring into the sub-soil;
(d) setting out boundaries and intended lines of work;
(e) marking such levels, boundaries and lines by placing marks and cutting
trenches;
[1962 : Mah. IIT Maharashtra Industrial 23
Development Act, 1961
(f) doing any other thing necessary for the efficient administration of this Act :
Provided that,—
(i) no such entry shall be made except between the hours of sunrise and
sunset and without giving reasonable notice to the occupier, or if there be no
occupier, to the owner of the land or building ;
(ii) sufficient opportunity shall in every instance be given to enable women
(if any) to withdraw from such land or building ;
(iii) due regard shall always be had, so far as 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.
49. The State Government may, by notification in the Official Gazette, Officers of
nominate any officer of the Corporation to be a controller or licensing authority the .
under any law for the time being in force relating to the procurement or S;r\??;auon
distribution of any commodity in respect of the industrial undertakings yested with
established or to be established in the industrial estates or industrial areas other
entrusted to or developed by the Corporation and no such nomination shall be Powers:
called into question merely on the ground that such officer is not an officer of
the State Government.
50. Notwithstanding anything contained in any other law, or in any licence Overriding
or permit, if the State Government is satisfied either on a recommendation powers of
made in this behalf by the Corporation or otherwise, that the setting up of an &‘;::;mem
industrial undertaking (whether within an industrial area or outside) is impeded directions to
by a local authority’s refusal to grant, or by such authority’s insistence on local
conditions which the State Government considers unreasonable for the grant “thorities.
of, any amenity, the State Government may direct the local authority to grant
the said amenity on such conditions as it may consider fit; and thereupon the
amenity shall be granted :
Provided that, the charge to be paid for granting or continuing such amenity
to the local authority concerned is not less than the cost to the local authority or
licensee concerned for providing such amenity :
Provided further that, no such direction shall be made by the State
Government unless the local authority shall have been given a reasonable
opportunity to show cause why any such direction should not be made.
'[50A. Ifinrespectof any land held for the purpose of agriculture and situated Power to
outside an industrial area but within a distance of 10 kilometers on all sides from Cllector to
the outer boundary of that industrial area, any person applies for permission of aplications
Mah. the Collector under the Maharashtra Land Revenue Code, 1966, for conversion of for
o its use for the non-agricultural purpose of setting up an industrial undertaking conversion
1966, thereon, other than a small scale industry, and the Corporation submits its i;f“‘(‘lsfm?f
objection in writing to the Collector to such permission being granted, the Collector i, qctyial
shall hold such inquiry as he deems fit. If after holding such inquiry, the Collector purpose in
is satisfied that setting up of such industrial undertaking on that land is likely to adjoining
hamper orderly development of the industrial area, it shall be lawful for the "
Collector, notwithstanding anything contained in the said Code or any other law cases.
1. Section 50A was inserted by Mah. 18 of 1975, s. 17.
24 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
for the time being in force, to reject the application for conversion of use of the
land for the non-agricultural purpose aforesaid. Where such application is rejected,
the Collector shall state the reasons in writing of such rejection.
Explanation.--For the purpose of this section “a small scale industry” means
an industry, which has a capital investment in plant and machinery of not more
than rupees ten lakhs, irrespective of the number of persons employed therein.]
R’asf;’r‘:]zrfijef 51. All sums payable by any person to the Corporation or recoverable by it by
to the or under this Act and all charges or expenses incurred in connection therewith
Cg?::fi:‘?; shall, without prejudice to any other mode of recovery, be recoverable as an
R :vfeh":‘;‘ arrear of land revenue on the application of the Corporation
no%iecl;.vs‘cit?:f 52. (1) All notices, orders and other documents required by this Act or any rule
" orregulation made thereunder to be served upon any person shall, save as otherwise
provided in this Act or such rule or regulation, be deemed to be duly served—
(@) where the person to be served is a company, the service is effected in I of
accordance with the provisions of section 51 of the Companies Act, 1956; 976
(b) where the person to be served is a firm, if the document is addressed to
the 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 under a certificate of posting or by registered post, or
(ii) left at the said place of business ;
(c) where the person to be served is a statutory public body or a corporation
or a society or other body, if the document is addressed to the secretary,
treasurer or other head officer of that body, corporation or society at its
principal office, and is either—
(i) sent under a certificate of posting or by registered post, or
(ii) left at that office;
(d) 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 under a certificate of posting or 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 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 (d) of sub-section (1) ; or
[1962 : Mah. IIT Maharashtra Industrial 25
Development Act, 1961
(b) if the document so addressed or a copy thereof so addressed, is given or
tendered to some person on the land or building or, where there is no person
on the land or building to whom it can be delivered, is affixed to some
conspicuous part of the land or building.
(3) Where a document is served on the firm in accordance with this section,
the document shall be deemed to be served on each partner.
(4) For the purpose of enabling any document to be served on the owner of
any property, the occupier (if any) of the property may be required by notice in
writing by the State Government or the Corporation, as the case may be, to
state the name and address of the owner thereof.
53. Every public notice given under this Act or any rule or regulation made Public
thereunder shall be in writing over the signature of the officer concerned and “L:fizes hgw
shall be widely made known in the locality to be affected thereby affixing copies know:.m ©
thereofin conspicuous public places, within the said locality, or by publishing the
same by beat of drum or by advertisement in a local newspaper, or by any two or
more of these means, and by any other means that the officer may think fit.
54. Where any notice, order or other document issued or made under this Notices,
Act or any rule or regulation made thereunder requires anything to be done for ¢ "°b‘l""
the doing of which no time is fixed in this Act or the rule or regulation, the ;fi?;?m ©
notice, order or other document shall specify a reasonable period of time for
doing the same or complying therewith
55. (1) The Corporation shall furnish to the State Government such returns, Furnishing
statistics, reports, accounts and other information with respect to its conduct of °f returns,
affairs, properties or activities or in regard to any proposed work or scheme as “*
the State Government may from time to time require.
(2) The Corporation shall in addition to the audit report referred to in section
27 furnish to the State Government an annual report on its working as soon as
may be, after the end of each financial year in such form and detail as may be
prescribed, and a copy of the annual report shall be placed before the State
Legislature as soon as may be after it is received by the State Government.
56. Where the State Government is satisfied that in respect of any particular Withdrawal
industrial estate or industrial area, or any part thereof, the purpose for which the g;z:fizl?"
Corporation was established under this Act has been substantially achieved so as jart thereof:
to render the continued existence of such estate or area or part thereof under the
Corporation unnecessary, the State Government may, by notification in the Official
Gagzette, declare that such industrial estate or industrial area or part thereof has
been removed from the jurisdiction of the Corporation. The State Government may
also make such other incidental arrangements for the administration of such estate
or area or part thereof as the circumstances necessitate.
57. (1) If the State Government is satisfied that the Corporation has made Default in
a default in performing of any duty or obligation imposed or cast on it by or P‘?g"{“‘”‘*
under this Act, the State Government may fix a period for the performance of > “*%"
that duty or obligation and give notice to the Corporation accordingly.
(2) If in the opinion of the State Government, the Corporation fails or neglects
to perform such duty or obligation within the period so fixed for its performance,
it shall be lawful for the State Government to supersede and reconstitute the
Corporation, as it deems fit.
26 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
(3) After the supersession of the Corporation and until it is reconstituted in
the manner laid down in Chapter II, the powers, duties and functions of the
Corporation under this Act shall be carried on by the State Government or by
such officer or officers or body of officers as the State Government may appoint
for this purpose from time to time.
(4) All property vested in the Corporation shall, during the period of
supersession, vest in the State Government.
Dissolution 58, (1) Where the State Government is satisfied that the purposes for which
of Cr::;‘;f‘ the Corporation was established under this Act have been substantially achieved
s0 as to render the continued existence of the Corporation in the opinion of the
State Government unnecessary, that Government may by notification in the
Official Gazette declare that the Corporation shall be dissolved with effect from
such date as may be specified in the notification, and the Corporation shall be
deemed to be dissolved accordingly.
(2) From the said date—
(@) all properties, funds and dues which are, vested in, or realisable by, the
Corporation shall vest in, or be realisable by, the State Government;
(b) all liabilities which are enforceable against the Corporation shall be
enforceable against the State Government.
Authority 59 Unless otherwise expressly provided, no Court shall take cognizance of
pmmmn‘_ any offence relating to property belonging to, or vested by or under this Act, in
the Corporation, punishable under this Act, except on the complaint of, or upon
information received from, the Corporation or some person authorised by the
Corporation by general or special order in this behalf.
Composi- ~ 60. (1) The Corporation or any person authorised by the Corporation by
offe ‘r‘lz(‘::l;’f general or special order in this behalf may, either before or after the institution of
Co,wmfim)f the proceedings, compound any offence made punishable by or under this Act.
(2) Where 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.
Offencesby g1, (1) Whenever an offence under this Act has been committed by a
COmPANES: mpany, every person who at the time the offence was committed was in charge
of, or 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 such
person liable to any punishment under this Act if he proves that the offence
was committed without his knowledge and that he exercised all due diligence to
prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this Act has been committed by a company and it is proved that the
offence has been committed with the consent or connivance of, or is attributable
to any neglect on the part of, any director, manager, secretary, or other officer
[1962 : Mah. IIT Maharashtra Industrial 27
Development Act, 1961
of the company, such director, manager, secretary or other officer shall also be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly
Explanation.—For the purposes of this section-
(@) “company” means any body corporate, and includes a firm or other
association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm.
62. Any person who obstructs the entry of a person authorised under section PSMILY, for
48 to enter into or upon any land or building or molests such person after such °Pstuction:
entry or who obstructs the lawful exercise by him of any power conferred by or
under this Act shall, on conviction, be punished with imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand
rupees, or with both.
63. (1) The State Government, after consultation with the Corporation in Power to
regard to matters concerning it, may, by notification in the Official Gazette, ™ke rules.
make rules to carry out the purposes of this Act :
Provided that, consultation with the Corporation shall not be necessary on
the first occasion of the making of rules under this section, but the State
Government shall take into consideration any suggestions which the Corporation
may make in relation to the amendment of such rules after they are made.
(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 :—
(@) under section 6, the salary and allowances and honorarium of members
of the Corporation ;
(b) under section 12, the conditions of appointment and service and the
scales of pay of the Chief Executive Officer ![ the Deputy Chief Executive
Officer or Officers ] and the Chief Accounts Officer of the Corporation ;
(c) under section 20, the sums of money to be kept by the Corporation in
current and deposit accounts ;
(d) under section 22, the conditions subject to which the Corporation may
borrow ;
(e) under section 26, the date by which the annual financial statement and
programme of work shall be submitted by the Corporation to the State
Government and the form and manner of preparing such statement ;
(f) under section 27, the manner of maintaining accounts ;
() under section 33, the time within which the Collector shall dispose of
cases referred to him under sub-section (3) ;
(h) under section 42, the delegation of powers of Government under Chapter VI;
(i) under section 55, the formof, and the details to be given in, the annual report;
(j) the fees which may be charged by the Corporation ;
(k) any other matter which has to be, or may be, prescribed by rules.
1. These words were inserted by Mah. 57 of 1981, s. 4.
28 Maharashtra Industrial [1962 : Mah. IIT
Development Act, 1961
(3) All rules made under this section shall be laid for not less than thirty days
before each House of the State 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.
Powerto 64. (1) The Corporation may, with the previous approval of the State
make Government, make regulations consistent with this Act and the rules made
regulations. thereunder, to carry out the purposes of this Act, and without prejudice to the
generality of this power, such regulations may provide for :—
(@) under section 7, the time and place of meetings of the Corporation and
the procedure to be followed in regard to the transaction of business at such
meetings ;
(b) under section 12, the conditions of appointment and service and the
scales of pay of officers and servants of the Corporation, other than the Chief
Executive Officer ![ the Deputy Chief Executive Officer or Officers ] and the
Chief Accounts Officer ;
(c) under section 20, the officer of the Corporation who may operate its
accounts ;
(d) under section *[ 43-1 A], the manner in which Government lands shall
be dealt with by the Corporation after development ;
(e) under section 44, the committee of the Corporation to hear appeals
under that section and the procedure to be followed by it ;
(f) under section 46, the additional terms and conditions subject to which lands
and buildings in industrial estates and industrial areas may be held or used ;
(g) any other matter which has to be, or may be, provided by regulations.
(2) All regulations made under this section shall be published in the Official
Gagzette and shall be laid for not less than thirty days before each House of the
State 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.
P“f"egi"" 65. No suit, prosecution or other legal proceedings shall lie against any person
“faken 1n for anything which is in good faith done or intended to be done under this Act or
good faith. any rule or regulation made thereunder.
é\!{efl'!)mi 66. All members, officers and servants of the Corporation shall, when acting XLy
° 'cff{;é':;f or purporting to act in pursuance of any of the provisions of this Act, be deemed
?Ogom'inlm to be public servants within the meaning of section 21 of the Indian Penal Code. 1860.
o be public
servants.
pg\f‘;})fii 67. The provisions of this Act shall have effect notwithstanding anything
inconsis- inconsistent therewith contained in any other law.
tent with
other laws.
1. These words were inserted by Mah. 57 0f 1981, s. 5.
2. Thiswas substituted forthe figures “40” by Mah. 11 of 1967, 5.6.
[1962 : Mah. IIT Maharashtra Industrial 29
Development Act, 1961
68. Ifany doubt or difficulty arises in giving effect to the provisions of this Power to
Act, the State Government may, by order, make provision or give such direction doTl;Ls and
not inconsistent with the express provisions of this Act, as may appear to it to difficulties.
be necessary or expedient for the removal of the doubt or difficulty, and the
order of the State Government, in such cases, shall be final.
I‘jfi‘gf 69. In the Bombay Legislature Members (Removal of Disqualifications) Act, Amend-
To56. 1956, in Schedule I, after entry 10, the following entry shall be inserted, namely :— gfi:fidfie I
to Bom. LIT
of 1956.
*%10A. The office of a member of the Maharashtra Industrial Development
Corporation nominated under *[clause (b), (c) or (d) of sub-section (1) of section 4]
of the Maharashtra Industrial Development Act, 1961, by reason only of his Mah 10T of
holding such office.”.
* Entry 10A as amended by Mah. 44 of 1981, reads as under -
Mah. “10A. The office ofa member of the Maharashtra Industrial Development Corporation nominated
11T of under clause (d), (), (f), () or (h) in section 4 of the Maharashtra Industrial Development Act, 1961
1962. by reason only of his holding such office™.
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About this act
- Jurisdiction
- Maharashtra
- Enactment date
- 1962-03-01
- Sections available
- 72
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1Short title, extent and commencement.→2Definitions.→3Establishment and incorporation.→4Constitution.→5Disqualification for membership.→6Terms of office and conditions of service of members.→7Meetings of Corporation.→8Cessation of membership.→9Vacancies how to be filled.→10Temporary absence of members.→11Proceedings presumed to be good and valid.→12Officers and servants of the Corporation.→13Corporation to absorb certain staff and to assume obligations of State Government in respect of matters to which this Act applies.→14Functions.→15General powers of the Corporation.→16Authentication of orders and documents of Corporation.→17Power to levy service charges.→18Directions by the State Government.→19Application of Corporation's assets.→20Corporation's fund.→21Grants, subventions, loans and advances to the Corporation.→22Power of Corporation to borrow.→23Deposits.→24Reserve and other funds.→25Expenditure from funds.→26Budget and programme of work.→27Accounts and audit.→28Concurrent and special audit of accounts.→29Application of Bombay Government Premises (Eviction) Act, 1955 to Corporation premises.→30Non-application of Rent Control Acts to Corporation Premises.→31Application.→32Compulsory acquisition.→33Compensation.→34Appeal to Court.→35Dispute as to apportionment.→36Payment of compensation.→37Investment of amount deposited in the Court.→38Payment of interest.→39Disposal of land by the Corporation.→40(Deleted)→41(Deleted)→42Delegation of powers of the State Government.→42AAcquisition of unutilised surplus lands in industrial areas and allotment to other industries→43-1AGovernment lands.→43Powers of the Corporation in case of certain defaults by owner of land in industrial area.→44Order of demolition of building.→45Power to stop building operations.→46Penalty for construction or use of land and buildings contrary to terms of holding.→47Power to lay pipe lines, etc.→48Powers of entry.→49Officers of the Corporation may be vested with other powers.→50Overriding powers of Government to issue directions to local authorities.→50APower to Collector to reject applications for conversion of use of land for industrial purpose in adjoining areas in certain cases.→51Recovery of sums due to the Corporation as arrears of land revenue.→52Service of notices, etc.→53Public notices how to be made known.→54Notices, etc., to fix reasonable time.→55Furnishing of returns, etc.→56Withdrawal of area or estate or part thereof.→57Default in performance of duty.→58Dissolution of Corporation.→59Authority for prosecution.→60Compositions of offences by Corporation.→61Offences by companies.→62Penalty for obstruction.→63Power to make rules.→64Power to make regulations.→65Protection of action taken in good faith.→66Members, officers and staff of Corporation to be public servants.→67Effect of provisions inconsistent with other laws.→68Power to remove doubts and difficulties.→69Amendment of Schedule I to Bom. LII of 1956.→
India Code, Government of India. Text fetched 20 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.