The Bombay Land Requisition (Exemption) Rules, 1948
Published vide Notification No. G.N., H. & L., G.D., No. 0961/5788-N, dated 28th July, 1948 (B.G., Part 1, page 3566)
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| LEGISLATIVE HISTORY 6 |
| · Amended by G.N., & L.G.D., No. O. 1541/9086/N, dated 5th November, 1948
· Amended by G.N., L.D., No. 11577, dated 14th August, 1950 · Amended by G.N., R.D., No. G1/14825-Exempt., dated 5th April, 1954 · Amended by G.N., R.D., No. G1/BLRA/59, dated 28th July, 1959 (B.G., Part IV-B, page 935) · Amended by G.N., F.D., No. G1/GM/Exempt., dated 23rd December, 1959 (B.G., Part IV-B, page 1833) · Amended by G.N., G.A. (A) D., No. G1/BLRA/NOC/Policy/76, dated 28th December, 1976 (M.G., Part IV-B, page 57) |
In exercise of the powers conferred by clause (iv) of sub-section (2) of section 19 of the Bombay Land Requisition Act, 1948 (Bombay XXXIII of 1948), the Government of Bombay is pleased to make the following rules, namely:-
- These rules may be called the Bombay Land Requisition (Exemption) Rules, 1948.
- In these rules, the Act means the Bombay Land Requisition Act, 1948.
- The lands used for the purposes of public religious worship shall be exempt from the provisions of sections 5 and 6 of the Act.
- The buildings specified in the first column of the Schedule hereto appended are exempted from the provisions of the section or sections of the Act specified against them in the second column on the terms and conditions specified against them in the third column of the said Schedule.
- If any of the terms and conditions specified in rule 4 are not complied with the State Government may withdraw the exemption granted under rule 4. The decision of Government shall be final.
[5A. All or any of the premises in any building, which are used for non-residential purposes and the carpet area of which does not exceed forty-seven square metres, are exempt from the provisions of section 6 of the Act and shall continue to be so exempt only so long as they continue to be used for the purposes aforesaid.]
- The State Government may by order direct that any power or duty which by these rules or the Schedule thereto is conferred or imposed upon the State Government shall be exercised or discharged by such officer as may be specified in such order.
The Schedule
| Description of Buildings exempted | Section or sections of the Act from which exempted | Terms and Conditions of exemption | ||
| 1 | 2 | 3 | ||
| 1. | Buildings owned by a Co-operative Housing Society or the members thereof under the bye-laws of the society. | 5 and 6 | [(1) | The members entitled to occupy or use the premises may with the permission of such officer as the State Government may authorise in this behalf occupy the same and they shall not let out or part with the possession of the premises or any part thereof.] |
| (2) | No premises shall be kept vacant for more than one month. If any premises remain vacant for a longer period, the vacancy shall be reported within seven days of the expiry of the month to the officer authorised under section 6 of the Act. | |||
| (3) | [* * *] | |||
| 2. | Buildings owned by or vesting in Charitable Societies, Trusts or such other Agencies for providing cheap housing. | 5 and 6 | (1) | The landlord of the building shall apply to Government for exemption giving inter alia the following particulars :- |
| (i) Name and address of the landlord. | ||||
| (ii) The full description of the premises including accommodation and rent. | ||||
| (2) | The actual rent charged shall be substantially less than the economic rent of the premises. | |||
| (3) | The landlord shall draw up allotment rules and submit them to Government for approval. All allotments of accommodation shall be made according to the rules approved by Government. | |||
| (4) | No premises shall be kept vacant for more than one month. If any premises remain vacant for a longer period, the vacancy shall be reported within seven days of the expiry of the month to the officer authorised under section 6 of the Act. | |||
| (5) | The exemption may be refused in any case by Government without assigning any reason. The decision of Government shall be final. | |||
| 3. | Buildings newly erected or reconstructed by the landlord for his own use as residence. | [(A-1) | The landlord shall not occupy the premises except with the permission of such officer as the State Government may authorise in this behalf.] | |
| (1) | If the landlord occupies the premises so erected or reconstructed, he shall vacate the other residential accommodation held by him, if any. | |||
| (2) | Where the landlord vacates accommodation under clause (1), he shall send an intimation to the officer authorised under section 6 of the Act within seven days of his doing so, giving the particulars of the accommodation held by him including the area and the rent, if any, of the accommodation. | |||
| 4. | Buildings newly erected or reconstructed by employers for the bona fide use of their employees. | 6 | (1) | The employer shall draw up allotment rules and submit them to Government for approval. All allotments of accommodation shall he made according to the rules approved by Government. |
| (2) | If any premises remain vacant for more than one month, the vacancy shall be reported within seven days of the expiry of the month to the officer authorised under section 6 of the Act. | |||
| 5. | [* * *] |
