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1
RNI  No. MAHENG /2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö
¨ÉÆMÉ³ý´ÉÉ®úúú, VÉÉxÉä´ÉÉ®úÒ 10, 2017/{ÉÉè¹É 20, ¶ÉEäò 1938

[{ÉÞ¹`ä 21,  ËEò¨ÉiÉ : ¯û{ÉªÉä  27.00

´É¹ÉÇ 3, +ÆEòú 6 (2)]

+ºÉÉvÉÉ®úhÉ  Gò¨ÉÉÆEòú  8
|ÉÉÊvÉEÞòiÉ  |ÉEòÉ¶ÉxÉ
¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä  +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ  Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä  Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷÷xÉ +É±Éä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Metropolitan Region Development Authority Act, 2016 (Mah. Act
No. III of 2017), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

PRAKASH H. MALI,
Principal Secretary (Legislation) to Government,
Law and Judiciary Department.

MAHARASHTRA ACT NO. III OF 2017

(First  published,  after  having  received  the  assent  of  the  Governor  in  the

“Maharashtra  Government  Gazette”,  on  the  10th  January  2017).

An  Act  to  provide  for  the  establishment  of  the  Authorities  for  certain
areas declared  as Metropolitan  Areas under clause  (c) of  section 2  of the
Maharashtra  Metropolitan  Planning  Committees  (Constitution  and
Functions)  (Continuance  of  Provisions)  Act,  1999,  for  the  purposes  of
co­ordinating  and  supervising  the  proper,  orderly  and  rapid  development
of the areas in such Region and executing plans, projects and schemes for
such  development,  and  to  provide  for  matters  connected  therewith  or
incidental  thereto.

Mah.
Ord. XI
of 2016.

WHEREAS   the  Governor  of  Maharashtra  had  promulgated  the
Maharashtra  Metropolitan  Region  Development  Authority  Ordinance,  2016,
on the 13th June 2016;

AND WHEREAS upon the re-assembly of the State Legislature on the 18th
July 2016, the Maharashtra Metropolitan Region Development Authority Bill, 2016
(L.A. Bill No. XXXII of 2016), for converting the said Ordinance into an Act of the
State  Legislature,  was  passed  by  the  Maharashtra  Legislative  Assembly  on
the  27th  July  2016,  and  was  transmitted  to  the  Maharashtra  Legislative
Council;
¦ÉÉMÉ +É`ö--8--1

(1)

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AND  WHEREAS thereafter,  as  the  session  of  the  Maharashtra
Legislative Council was prorogued on the 5th August 2016, the said Bill could
not be passed by the Maharashtra Legislative Council;

AND WHEREAS as provided by article 213 (2) (a) of the Constitution of
India, the said Ordinance shall cease to operate at the expiration of six weeks
from the date of re-assembly of the State Legislature, that is, after the 28th
August 2016;

AND WHEREAS both Houses of the State Legislature were not in session;
and  the  Governor  of  Maharashtra  was  satisfied  that  circumstances  existed
which  rendered  it  necessary  for  him  to  take  immediate  action  to  continue
the  operation  of  the  provisions  of  the  said  Ordinance,  for  the  purposes
hereinafter  appearing;  and,  therefore,  promulgated  the  Maharashtra
Metropolitan Region Development Authority  (Continuance) Ordinance, 2016
(hereinafter  referred  to  as  “the  said  Continuance  Ordinance”)  on  the  30th
August 2016;

AND  WHEREAS  it  is  expedient  to  replace  the  said  Continuance
Ordinance  by  an  Act  of  the  State  Legislature;  it  is  hereby  enacted  in  the
Sixty-seventh Year of the Republic of India as follows :––

Mah. Ord.
XXII of
2016.

CHAPTER  I

PRELIMINARY

Short title,
extent, and
commen-
cement.

1.

(1) This  Act  may  be  called  the  Maharashtra  Metropolitan  Region

Development  Authority  Act,  2016.

(2)  It  shall  extend  to  the  whole  of  the  State  of  Maharashtra  except  the
Mumbai  Metropolitan  Region,  as  defined  in  clause  (b)  of  section  2  of  the
Mumbai  Metropolitan  Region  Development  Authority  Act,  1974  and  the
Scheduled  Areas  declared  by  the  President  of  India,  from  time  to  time,  in
exercise of the powers conferred by paragraph 6 of the Fifth Schedule to the
Constitution  of  India.

(3) It shall be deemed to have come into force on the 13th June 2016.

Mah. IV
of 1975.

Definitions.

2.

In  this  Act,  unless  the  context  otherwise  requires,––

(a) “amenity” includes road, bridge, any other means of communication,
transport, supply of water and electricity, any other source of energy, street
lighting, drainage, sewerage and conservancy, and any other convenience as
the State Government may, in consultation with Authority, from time to time,
by  notification  in  the Official  Gazette,  specify  to  be  the  amenity  for  the
purposes  of  this  Act;

(b) “Authority”    or  “Metropolitan  Authority”  means  the  Authority

established  under  section  3  ;

(c) “development”, with its grammatical variations, means the carrying
out of building, engineering, mining or other operations in, or over, or under
any land (including land under sea, creek, river, lake or any other water) or
the making  of any  material change in  any building  or land, or  in the  use of
any building or land and includes redevelopment and layout and sub-divisions
of  any  land  and  also  the  provisions  of  amenities  and  projects,  and  schemes
for  development  of  agriculture,  horticulture,  floriculture,  forestry,  dairy
development,  poultry  farming,  piggery,  cattle  breeding,  fisheries  and  other
similar  activities  and  “to  develop”  shall  be  construed  accordingly;

(d) “Development  Plan”  means  the  plan  prepared  under  the  provisions
of the Maharashtra Regional and Town Planning Act, for the development of
the  Metropolitan  Region  as  defined  in  this  Act,  or  for  any  part  thereof  and
includes  a  draft  or  final  Development  Plan  prepared  for  the  said  region  or
any part thereof whether before or after the commencement of this Act, which
is for the time being in force;

(e) “Executive  Committee”  means  the  Executive  Committee  constituted

under  section  7;

(f) “land”  includes  benefits  to  arise  out  of  land,  and  things  attached  to

the earth, or permanently fastened to anything attached to the earth;

(g) “the  Maharashtra  Regional  and  Town  Planning  Act”  means  the

Maharashtra Regional and Town Planning Act, 1966;

Mah.
XXXVII
of 1966.

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3

(h) “Metropolitan  Commissioner”  means 

the  Metropolitan

Commissioner  appointed  under  sub-section  (1)  of  section  12;

Mah. V
of 2000.

(i) “the Metropolitan Planning Committees Act” means the Maharashtra
Metropolitan  Planning  Committees  (Constitutions  and  Functions)
(Continuance  of  Provisions)  Act,  1999;

(j) “the  Metropolitan  Region”  means  the  Metropolitan  Area  as
defined under clause (c) of section 2 of the Metropolitan Planning Committees
Act;

(k) “prescribed”  means  prescribed  by  rules  made  under  this  Act ;
(l) “Regional  Plan”  means  plan  prepared  under  the  provisions  of  the
Maharashtra  Regional  and  Town  Planning  Act,  for  the  development  or
redevelopment  of  the  Metropolitan  Region  as  defined  in  this  Act,  or  for  any
part thereof and includes a draft or final Regional Plan prepared for the said
region  or  any  part  thereof,  whether  before  or  after  the  commencement  of
this Act, which is for the time being in force:

Provided that, the Regional Plan shall also mean the Development Plan
prepared  by  the  Metropolitan  Planning  Committee  under  the  provisions  of
the  Metropolitan  Planning  Committees  Act;

(m) “regulations”  means  the  regulations  made  under  this  Act;
(n) “rules” means the rules made under this Act.
(2) Words and expressions used in this Act and not defined hereinabove
shall  have  the  same  meanings  as  respectively  assigned  to  them  in  the
Maharashtra Regional and Town Planning Act.

CHAPTER  II

ESTABLISHMENT AND CONSTITUTION OF THE AUTHORITY

3.

(1) As soon as may be, after the commencement of this Act, the State
Government  may,  by  notification  in  the Official  Gazette,  establish,  for  the
purposes of this Act, an authority to be called “The....... Metropolitan Region
Development  Authority”  for  every  Metropolitan  Region.

(2) The  Metropolitan  Authority  shall  be  a  body  corporate,  having
perpetual succession and a common seal, with power, subject to the provisions
of  this  Act,  to  acquire,  hold  and  dispose  of  property,  both  moveable  and
immoveable and to contract and may sue or be sued by its corporate name as
aforesaid.

(3) The  Metropolitan  Authority  shall  be  deemed  to  be  a  local  authority
within the meaning of the term “Local Authority” as defined in the Maharashtra
General Clauses Act.

Establishment
of the
Metropolitan
Region
Development
Authority.

4.

(1) On and from the date of establishment of Authority under sub-section
(1) of section 3, the Metropolitan Authority shall consist of the following members,
namely :—

Composition
of
Metropolitan
Authority.

(i) The Chief Minister.
(ii) The Minister for Urban Development.
(iii) The Minister for Housing.
(iv) The Guardian Minister of the District.
(v) The Minister of State for Urban Development.
(vi) The   Mayors   of   the   Municipal   Corporations   in   the Metropolitan

Region.

(vii) The Chairpersons of the Standing Committees of the Municipal

Corporations  in  the  Metropolitan  Region.

(viii) Two  Presidents  of  the  Municipal  Councils  within  the
Metropolitan Region, by rotation to be finalized by the State Government,
by  order.

¦ÉÉMÉ +É`ö--8--1+

I of
1904.

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(ix) The Presidents of the Zilla Parishads in the Metropolitan Region.

(x) Four  Members  of  the  Maharashtra  Legislative  Assembly,
representing  constituencies  falling,  wholly  or  partly,  within  the  limits
of  the  Metropolitan  Region,  to  be  nominated  by  the  State  Government.

(xi) One  Member  of  the  Maharashtra  Legislative  Council,  to  be

nominated  by  the  State  Government.

(xii) The Chief Secretary to the Government of Maharashtra or any

other Officer not  below the rank of Secretary,  authorized by him.

(xiii) The Municipal  Commissioners of  the Municipal  Corporations

within  the  Metropolitan  Region.

(xiv) The  Secretary  to  the  Government  of  Maharashtra,  Urban

Development  Department.

(xv) The      Secretary      to      the      Government      of    Maharashtra,

Housing  Department.

(xvi) The Chief Executive Officer of such Special Planning Authority

whose  maximum  area  is  covered  under  the  Region.

(xvii)    The  Divisional  Commissioner  and  Police  Commissioner  of

the  respective  Region.

(xviii)    The  Metropolitan  Commissioner.

(2) The Chief  Minister of Maharashtra shall  be the Chairman;  and the
Co-Chairman  shall  be  a  person  to  be  nominated  by  the  State  Government
from  amongst  the  members.  The  Metropolitan  Commissioner  shall  be  the
Member-Secretary  of  the  Authority.

(3) With  effect  from  the  date  of  establishment  of  Authority  under  sub-
section (1) of section 3, the Authority shall be deemed to be duly constituted,
notwithstanding  that  there  may  be  any  vacancies  as  some  of  the  members
may not have been nominated or appointed or for any other reason may not
be available to take office on that day and the members of the Authority, who
may, from time to time, be available shall be competent to exercise, perform
and discharge all the powers, duties and functions of the Authority from that
date:

Provided  that,  an  “Authority”  appointed  under  section  42C  of  the
Maharashtra Regional and Town Planning Act, before the commencement of
this Act, for the area notified under section 42A of that Act, shall continue to
carry out its functions and duties till the Authority is constituted under this
Act.

(4) The State Government may, from time to time, by notification in the
Official Gazette, publish the names of members nominated under clauses (x)
and (xi) of sub-section (1).

(5) The  members  shall  receive  such  allowances  as  may  be  determined
by regulations for meeting the personal expenditure in attending the meetings
of  the  Authority  or  any  Committee  or  body  thereof,  or  in  performing  any
other  functions  as  a  member.  Such  regulations  shall  require  the  previous
approval  of  the  State  Government.

(6) Where a person becomes or is elected or nominated as a member of
the  Authority  by  virtue  of  holding  any  office  or  being  a  member  of  the
Legislature or any local authority, or Committee or body, he shall cease to be a member
of the Authority, as soon as he ceases to hold that office or to be such member,
as the case may be.

(7) A member of the Authority, other than ex-officio member, may, at any
time, by writing under his hand addressed to the Chairman, resign his office.

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5

(8) No  act  or  proceeding  of  the  Metropolitan  Authority,  or  of  any
Committee thereof, shall be deemed to be invalid at any time merely on the
ground  that––

(a)  any  of  the  members  of  the  Authority  or  its  Committee  are  not
duly  elected,  nominated  or  appointed  or  for  any  other  reason  are  not
available to take office at the time of the constitution or any meeting of
the  Authority  or  of  its  Committee  or  body  or  there  is  any  defect  in  the
constitution thereof, or any person is a member in more than one capacity
or there are one or more vacancies in the offices of any such members;

(b) there  is  any  irregularity  in  the  procedure  of  the  Authority  or
such  Committee  not  affecting  the  merits  of  the  matter  under
consideration.

5.

(1) The  Chairman  of  the  Authority  shall  supervise  and  control  all
the activities on  behalf of the Authority  and shall exercise such  powers and
perform  such  duties  as  are  conferred  on  him  by  this  Act  and  exercise  such
other powers and perform such other duties as the Authority may, from time
to  time,  by  regulations  determine  :

Powers and
duties of
Chairman and
Metropolitan
Commissioner.

Provided that, the Chairman may delegate any of the powers and duties

conferred  on  him  to  the  Co-Chairman.

(2) Subject to  the provisions of  sub-section (1),––

(a) the  Metropolitan  Commissioner  shall  be  the  Chief  Executive
Officer  of  the  Authority;  and  shall  exercise  such  powers  and  perform
such functions or duties as the Authority may, by a resolution passed in
this  behalf,  direct.  The  Metropolitan  Commissioner  may,  by  general  or
special order, further direct that such of the powers, functions or duties
delegated to him as aforesaid or under sub-section (5) of section 7 shall
be  exercised  or  performed  by  such  of  the  officers  of  the  Authority,  as
may  be  specified in  such  order ;

(b) the  Metropolitan  Commissioner  shall  supervise  and  control  all
its  officers  and  servants,  including  any  officers  of  the  Government
appointed,  from  time  to  time,  on  deputation  to  the  Authority  or  any
Committee  or  body  thereof ;

(c) the  Metropolitan  Commissioner  shall  be  responsible  for
collection  of  all  sums  due  to  the  Authority  and  payment  of  all  sums
payable by the Authority. He shall ensure adequate security  of all  assets,
including  cash balances,  of the Authority. He shall also be responsible
for  performing  all  executive  functions  in  connection  with  the  works  of
the  Authority.

(3) Subject to the provisions of sub-section (2), the Executive Committee
shall,  from  time  to  time,  by  order  determine  the  powers  and  duties  of  any
Additional,  Deputy  and  Assistant  Metropolitan  Commissioners  appointed
under  section  12.

6.

(1) The Metropolitan Authority shall meet at least once in six months,
at such place and at such time as the Chairman may decide and shall, subject
to the provisions of sub-section (3), observe such rules of procedure in regard
to the transaction of business at its meetings (including the quorum thereat)
as may be laid down by the regulations.

Meetings of
Metropolitan
Authority.

(2) The Chairman shall preside at the meetings of the Authority. In the
absence of the Chairman, at any meeting, the Co-Chairman shall preside and
in  the  absence  of  both,  any  other  member  of  the  Authority  elected  by  the
members present  at the  meeting shall  preside at  such meeting.

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Constitution
and powers
of the
Executive
Committee.

(3) A  member  of  the  Authority,  who  has  acquired  or  acquires,  directly
or  indirectly,  any  share  or  pecuniary  or  other  interest  in  any  contract,  loan
arrangement  or  proposal  entered  into,  or  proposed  to  be  entered  into,  by  or
on behalf of the Authority, shall cease to be a member of the Authority :

Provided that, a member shall not be deemed to have any such share or
interest by reason only of his being a shareholder of a public limited company
concerned  in  any  such  contract,  loan,  arrangement,  or  proposal  or  that  he
himself or any relation of his is employed by or on behalf of the Authority, or
he has such share or interest in his capacity as a member of the Authority, or
his  property,  or  any  property  in  which  he  has  a  share  or  interest,  is  or  is
being acquired or taken on lease by or on behalf of the Authority by agreement
or according to any law for the time being in force.

(4) If any question arises whether a member of the Authority has become
subject  to  the  disqualification  mentioned  in  the  last  preceding  sub­section,
the  question  shall  be  referred  for  decision  of  the  State  Government,  and  its
decision  thereon  shall  be  final.

7.

(1) There  shall  be  an  Executive  Committee  of  the  Authority,

consisting  of  the  following  members,  namely :—

(i) The  Chief  Secretary  to  the  Government  of  Maharashtra  or  any

other Officer  not below the rank  of Secretary authorized  by him.

(ii) The      Secretary      to      Government,      Urban      Development

Department  or  any Officer  authorized  by  him.

(iii) The  Secretary  to  Government,  Housing  Department  or  any

Officer  authorized  by  him.

(iv) The  Secretary  to  Government,  Finance  Department  or  any

Officer  authorized  by  him.

(v) The  Metropolitan  Commissioner.

(vi) The  Municipal    Commissioners    of  the    Corporations    in

Metropolitan  Region.

(vii) The Chief Executive Officer of such Special Planning Authority

whose  maximum  area  is  covered  under  the  Region.

(viii) The  Commissioners  of  Police  of  the  respective  Region.

(ix) Three members who are experts in the field of urban planning

and  development,  to  be  appointed  by  the  State  Government.

(x) The  Principal  Accounts  and  Finance  Officer  of  the  Authority.

(2) The Chief Secretary to the Government of Maharashtra or any other
Officer  not  below  the  rank  of  Secretary  authorized  by  him  shall  be  the
Chairman  of  the  Executive  Committee.  The  Chief  Secretary  to  the
Government  of  Maharashtra  shall  appoint  a  suitable  person  to  be  the
Secretary  of  the  Executive  Committee.

(3) Subject to the provisions of section 28 and the guidelines or directives
issued by the Authority, the Executive Committee shall exercise the following
powers  and  perform  the  following  duties,  namely :—

(i) Appointment  of  the  staff ;

(ii) Planning  and  implementation  of  the  projects  and  schemes  of
the  Authority,  including  approval  or  rejection  of  such  projects  and
schemes ;

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7

(iii) approval  or  rejection  of  tenders  for  projects  and  schemes  ;

(iv)  grant  of  permission  or  refusal  of  permission,  on  behalf  of  the

Authority, under sub-section (3) of section 14 ;

(v) investment  of  surplus  moneys  of  the  Metropolitan  Region

Development Fund ;

(vi) institution, conduct and withdrawal of any legal proceedings on behalf

of the Authority ;

(vii) the powers (except the power to make regulations) delegated or the
functions or duties imposed, from time to time, on the Executive Committee
by the Authority.

(4) The Executive Committee shall meet at such place and at such time as may
be determined by its Chairman, and shall observe such rules of procedure as it may
determine.

(5) The Executive Committee may, from time to time, by a resolution passed
in this behalf, direct that any power and any function or duty which is conferred on it,
by or under the provisions of this Act, shall be exercised or performed by the
Metropolitan Commissioner.

(6) Without prejudice to the powers exercised by the Metropolitan Authority
under this Act and notwithstanding the powers exercised by the Planning Authorities
or Local Authorities in the Metropolitan Region, any difference or disputes between
such Planning Authorities or Local Authorities only in respect of matters of proper,
orderly and rapid development of any part of Metropolitan Region shall be referred
to the Authority whose decision thereon shall be final and binding on such Planning
Authorities and Local Authorities.

8. All proceedings of the Authority and the Executive Committee shall be
authenticated by the signature of the Chairman of the Authority or the Executive
Committee, as the case may be, or of any member thereof authorized by the Chairman
in this behalf, and all other orders and instruments of the Authority shall be
authenticated by the Metropolitan Commissioner or the Secretary of the Executive
Committee or by any other officer of the Authority authorized by the Metropolitan
Commissioner in this behalf.

Authentication
of orders, etc.,
of Authority
and Executive
Committee.

9.

(1) The Metropolitan Authority may constitute committees consisting
wholly of members of such Authority or partly of other persons   and   for such
purpose   or   purposes, as it may think fit; and entrust to any such committee such
powers as the Metropolitan Authority may specify by regulations.

Constitution
of
Committees.

(2) The committees constituted under this section shall meet at such place and
at such time, and shall observe such rules of procedure in regard to the transaction of
business at its meetings as may be provided by the regulations.

(3) The  members  of  the  committees  may  be  paid  such  allowances  for
meeting the personal expenditure in attending the meetings and for attending
to any other work of the committees, as may be provided by regulations.

10. Notwithstanding anything contained in any other law for the time
being  in  force,  a  member  (including  the  Chairman  or  Co-Chairman  of  the
Authority or any of its Committees) shall not be disqualified for being chosen
as,  and  for  being,  a  Member  or  Councillor  of  the  State  Legislature  or  any
local  authority  or  any  committee  members  of  or  body  of  such  legislature  or
authority, merely by reason of the fact that he is a member of the Authority
or any of its Committees.

Members not
disqualified
from
contesting
elections or
continuing as
members of
State
Legislature or
local
authorities.

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Provisions for
inviting officers
of Government
and local
authority to
assist or advice.

11. The  Authority, or  the  Executive Committee  may  invite any  officer
of the Government or local authority to attend its meeting or meetings as a
special  or  permanent  invitee  for  the  purpose  of  assisting  or  advising  it  on
any matter or matters. The officer so invited may take part in the proceedings,
but shall have no right to vote.

CHAPTER  III

OFFICERS AND SERVANTS

Officers and
servants.

12.

(1) The  State  Government  shall  appoint  a  Metropolitan
Commissioner.  The  State  Government  shall  by  order  determine,  from  time
to  time,  the  salary  and  other  terms  and  conditions  of  service  of  the
Metropolitan  Commissioner.  He  shall  be  appointed  for  such  period  not
exceeding  three  years,  and  the  appointment  may  be  extended  from  time  to
time for a period not exceeding three years at a time :

Provided that, the State Government may at any time,—

(a) if the Metropolitan Commissioner holds a lien on the service of
the  State,  recall  him  to  such  service,  after  consultation  with  the
Authority;

(b) remove  him  from  office  if,  it  shall  appear  to  the  State
Government that he is incapable of performing the duties of his office or
has been guilty of any misconduct or neglect which renders his removal
expedient:

Provided  further  that,  if  the  Metropolitan  Commissioner  holds  a
lien  on  the  service  of  the  State,  he  shall  forthwith  be  recalled  to  such
service, if so requested  by the Authority by passing a  resolution for his
recall:

Provided also that, the Metropolitan Commissioner may resign his
office  by  tendering  his  resignation  in  writing  to  the  Chairman  of  the
Authority  but  such  resignation  shall  be  effective  only  on  acceptance  by
the Chairman of  the Authority.

(2) The State Government may, on a request being made by the Executive
Committee,  appoint  one  or  more  Additional,  Joint,  Deputy  or  Assistant
Metropolitan  Commissioners.  The  State  Government  shall  by  order
determine,  from  time  to  time,  the  salary  and  other  terms  and  conditions  of
service  of  an  Additional  Metropolitan  Commissioner,  a  Joint  Metropolitan
Commissioner,  a  Deputy  Metropolitan  Commissioner  and  an  Assistant
Metropolitan  Commissioner.

(3) The  Authority may,  from  time  to time,  sanction  creation  of posts  of
other  officers  and  servants  subordinate  to  the  Authority  as  it  thinks
necessary.  The  conditions  of  appointment  and  service  and  the  powers  and
duties  of  such  officers  and  servants  shall  be  such  as  may  be  determined  by
the  regulations.

CHAPTER  IV

POWERS AND FUNCTIONS OF THE AUTHORITY

Functions of
the
Metropolitan
Authority.

13.

(1) The  main  object  of  the  Authority  shall  be  to  secure  the
development of the Metropolitan Region according to the Regional Plan and
for that purpose, the functions of the Authority shall be to,—

(a) review  any  physical,  financial  and  economical  plan;

(b) review  any  project  or  scheme  for  development  which  may  be
proposed  or  may  be  in  the  course  of  execution  or  may  be  completed  in
the  Metropolitan  Region;

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9

(c) formulate  Schemes  for  the  development  of  the  Metropolitan

Region  or  any  part  thereof;

(d) execute  projects  and  schemes;

(e) recommend  to  the  State  Government  any  matter  or  proposal
requiring action by the State Government or any other authority for the
overall  development  of  the  Metropolitan  Region;

(f) participate  with  any  other  authority  for  inter-regional

development;

(g) finance  any  project  or  scheme  for  the  development  of  the

Metropolitan  Region;

(h) co-ordinate  execution  of  the  projects  or  schemes  for  the

development  of  the  Metropolitan  Region;

(i) supervise  or  otherwise  ensure  adequate  supervision  over  the
planning and execution of any project or scheme, the expenses of which,
in  whole  or  in  part,  are  to  be  met  from  the  Metropolitan  Region
Development  Fund;

(j) prepare  schemes  and  advise  the  concerned  authorities  in
formulating  and  undertaking  schemes  for  development  of  agriculture,
horticulture,  floriculture,  forestry,  dairy  development,  poultry  farming,
piggery,  cattle  breeding,  fisheries  and  other  similar  activities;

(k) prepare  and  implement  schemes  for  providing  alternative
accommodation  and  for  rehabilitation  of  persons  displaced  by  projects
and  schemes  which  provide  for  such  requirements;

(l) do  all  such  other  acts  and  things  as  may  be  necessary  for  or
incidental  or  conducive  to  any  matters  which  arise  on  account  of  its
activity and which are necessary for furtherance of the objects for which
the  Authority  is  established.

(2) Notwithstanding  anything  contained  in  the  Maharashtra  Regional
and  Town  Planning  Act,  or  any  other  law  for  the  time  being  in  force,  the
Authority  shall  assist  the  Metropolitan  Planning  Committee,  constituted
under  the  Metropolitan  Planning  Committees  Act,  in  preparation  of
Development  Plan  under  that  Act.

(3) The Authority may also, in consultation with the Planning Authority
concerned, for the purpose of the integrated development of the Metropolitan
Region,  undertake  modification  or  revision  of  the  Development  Plans  under
the  Act  aforesaid  for  the  area  of  the  Planning  Authority  and  shall  for  this
purpose  have  all  the  powers  of  a  Planning  Authority  under  that  Act  and
obtain the approval of the State Government to the same.

In doing so, the Authority shall take into consideration all the relevant
plans of the local authorities, the planning authorities, the District Planning
Committees and the Metropolitan Planning Committees under its jurisdiction
and specify the extent and the reason for modification of each such plan.

14.

(1) Notwithstanding  anything  contained  in  any  law  for  the  time
being  in  force,  except  with  the  previous  permission  of  the  Authority,  no
authority or person shall undertake any development within the Metropolitan
Region  of  the  type  as  the  Metropolitan  Authority  may  from  time  to  time
specify, by notification published in the Official Gazette, and which is likely
to  adversely  affect  the  overall  development  of  the  Metropolitan  Region.

¦ÉÉMÉ +É`ö--8--2

No other
authority or
person to
undertake
certain
development
without
permission of
Authority.

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(2) Any authority or person desiring to undertake development referred
to in sub-section (1) shall apply in writing to the Metropolitan Authority for
permission  to  undertake  such  development.

(3) The  Metropolitan  Authority  shall,  after  making  such  inquiry  as  it
deems necessary and within 60 days from the receipt of an application under
sub-section  (2),  grant  such  permission  without  any  conditions  or  with  such
conditions as it may deem fit to impose or refuse to grant such permission. If
the Authority fails to communicate its decision to grant or refuse permission
to the applicant within sixty days from the date of receipt of his application,
or  within  sixty  days  from  the  date  of  receipt  of  compliance  of  requisition,  if
any,  made  by  the  Secretary  of  the  Executive  Committee  or  any  officer
authorized  by  him,  whichever  is  later,  such  permission  shall  be  deemed  to
have  been  granted  to  the  applicant  on  the  date  immediately  following  the
date of expiry of such sixty days, but subject to the provisions of the Regional
Plan or the Regulations or the Development Control Rules, if any, applicable
for  the  time  being  to  such  development.

(4) Any authority or person aggrieved by the decision of the Metropolitan
Authority under sub-section (3), may, within forty days, appeal against such
decision  to  the  State  Government,  whose  decision  shall  be  final:

Provided that, where the aggrieved authority submitting such appeal is
under administrative control of the Central Government, the appeal shall be
decided  by  the  State  Government,  after  consultation  with  the  Central
Government.

(5) In  case  any  person  or  authority  contravenes  any  condition  imposed
under  sub-section  (3)  or  does  anything  contrary  to  the  decision  given  under
sub-section  (4),  the  Authority  shall  have  power  to  pull  down,  demolish  or
remove  any  development  undertaken  contrary  to  such  decision  and  recover
the  cost  of  such  pulling  down,  demolition  or  removal  from  the  person  or
authority  concerned.

Explanation.––  For  the  purposes  of  this  section,  “the  authority”  means
the  authority  other  than  the  local  authority,  the  planning  authority,  the
District  Planning  Committee  and  the  Metropolitan  Planning  Committee.

Power of
Metropolitan
Authority to
give
directions in
certain
cases.

15.

(1) Notwithstanding  anything  contained  in  any  other  law  for  the
time  being  in  force,  the  Metropolitan  Authority  may  give  such  directions  to
any  local  authority,  or  other  authority  or  person  with  regard  to  the
implementation of any development project or scheme financed under sections
13 and  25, as it thinks  fit, and any such  authority or person in  that Region
shall be  bound to  comply with  such directions.

(2) Where  any  direction  is  given  to  any  authority  or  person  under  sub-
section (1),  such authority  or  person may,  within fifteen  days  from the  date
of  receipt  of  such  direction,  appeal  to  the  State  Government  against  such
direction,  and  the  decision  of  the  State  Government  thereon  shall  be  final.

(3) The  Metropolitan  Authority  shall  so  exercise  the  powers  of
supervision referred to in clause (i) of sub-section (1) of section 13 as may be
necessary to  ensure that each  development project  or scheme is  executed in
the  interest  of  the  overall  development  of  the  Metropolitan  Region,  and  in
accordance  with  any  plan,  project  or  scheme  duly  approved  under  any  law
for the time being in force by the State Government.

(4) The  Metropolitan  Authority  shall  have  power  to  direct  the
Commissioner of Police or Superintendent of Police, as the case may be, who
shall  comply  with  these  directions  in  so  for  as  they  relate  to  execution  of
development work or removal of unauthorised development or for enforcing the

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11

Power of
Metropolitan
Authority to
require local
authority to
assume
responsibilities
in  certain
cases.

Power of
Metropolitan
Authority to
execute any
plan.

provisions  of  this Act  or  for  ensuring  proper  development  as  per  the  approved
Development Plan or Regional Plan, for the time being in force in that Region.

16. Where  any  amenities  are  provided  by  the  Metropolitan  Authority,
the Authority may assume responsibility for the maintenance of the amenities
which  have  been  provided  by  it  or  may  require  the  local  authority,  within
whose  local  limits  the  area  so  developed  is  situated,  to  assume  such
responsibility for the maintenance of the amenities, and for the provision of
such  other  amenities  which  have  not  been  provided  by  the  Metropolitan
Authority,  but  which  in  its  opinion  should  be  provided  in  the  area,  on  such
terms  and  conditions  as  may  be  agreed  upon  between  the  Metropolitan
Authority  and  that  local  authority;  and  where  such  terms  and  conditions
cannot be agreed upon, on such terms and conditions as may be specified by
the State Government, in consultation with both the local authority and the
Metropolitan  Authority.

17.

(1) Where  the  Metropolitan  Authority  is  satisfied  that  any
direction  given  by  it  under  sub-section  (1)  of  section  15  with  regard  to  any
development  project  or  scheme  has  not  been  carried  out  by  the  authority
referred  to  therein,  within  the  time  specified  in  the  direction  or  that  any
such authority is unable to fully implement any project or scheme undertaken
by it for the development of any part of the Region, the Authority may itself
undertake  any  work  and  incur  any  expenditure  for  the  execution  of  such
development  projects  or  implementation  of  such  schemes,  as  the  case  may
be,  and recover  the cost  thereof  from that  authority.

(2) The  Metropolitan  Authority  may  also  undertake  any  work  in  the
Region  for  development  in  accordance  with  the  Regional  Plan  as  may  be
directed  by  the  State  Government  and  may  incur  such  expenditure  as  may
be necessary for the execution of such work. Such direction may be issued to
the  Authority  only  where  in  the  opinion  of  the  State  Government,—

(a) there is no other suitable  authority to undertake such work, or
(b) where there is such an authority but it is unwilling or unable to

undertake  such  work,  or

(c) where the Metropolitan Authority has specifically requested the

State Government to entrust  such work to it.

(3) Where any work is undertaken by the Metropolitan Authority under
sub-section (1), it shall be deemed to have, for the purposes of the execution
of such work, all the powers which may be exercised by or under any law for
the time being in force by the authority referred in sub-section (1).

(4) The  Metropolitan  Authority  may,  for  the  purposes  of  sub-sections
(1) and (2), undertake the survey of any area within the Metropolitan Region
and  for  that  purpose  it  shall  be  lawful  for  any  officer  or  servant  of  the
Metropolitan  Authority,—

(a) to enter in or upon any land and to take level of such land ;

(b) to dig or bore into the sub-soil ;

(c) to  mark  levels  and  boundaries  by  placing  marks  and  cutting

trenches  ;

(d) where  otherwise  the  survey  cannot  be  completed  and  levels
taken and boundaries marked, to cut down and clear away any fence or
jungle.

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Power to
Metropolitan
Authority to
subscribe to
share capital
of certain
companies
or co-
operative
societies.

 Power of
Authority to
provide
amenity
within area
under any
local
authority
within
Metropolitan
Region.

(5) Before  entering  upon  any  land  for  the  purpose  given  in  aforesaid
sub-section (4), the Metropolitan Authority or an officer authorized by it shall
give notice of its intention to do so in such manner as may be specified in the
regulations.

(1) The  Metropolitan  Authority  may,—

18.
(a) subscribe  to    the    share    capital    of  any  public    limited  company
incorporated  under  the  Companies  Act,  2013  or  a  co-operative  society,  with
limited  liability  registered  under  the  Maharashtra  Co-operative  Societies
Act, 1960 ; or

(b) contribute  to  the  corpus  of  a  trust  created  under  the  Indian  Trusts
Act,  1882,  or  public  trust  registered  under  the  Maharashtra  Public  Trusts
Act, or   a   society   registered   under   the   Societies Registration Act, 1860,
which  are  incorporated  or  registered  and  promoted  with  the  object  of
providing any services or for performing  any  functions  which  are  directly
or    indirectly  conducive  to  the  duties  and  functions  of  the  Authority  under
this Act or any other law for the time being in force:

Provided that, the amount of such subscription or contribution in a year
shall  not  exceed  ten  per  cent.  of  the  net  income  of  the  Authority  in  the  last
preceding  year.

(2) The  Metropolitan  Authority  for  the  purpose  to  execute  or  manage
the projects, schemes, policies and equity therefor shall have power to create
Joint  Project  Venture  (JPV)  with  Private  Partner.

19.

(1) The  Authority  may,  in  consultation  with  the  concerned  local
authority in the region, prepare any project or scheme with a view to provide
an  infrastructure  within  the  territorial  limits  of  any  local  authority  within
the  Metropolitan  Region  and  execute  the  same.

Explanation.—For  the  purposes  of  this  sub-section,  the  term
“infrastructure” shall mean and include streets, roads, bridges and any other
means  of  transport  and  communication,  and  activities  related  or  incidental
for  the  execution  of  such  infrastructure  project  or  scheme.

(2) For the purposes of preparation and execution of a project or scheme
under sub-section (1), the Metropolitan Commissioner and the Authority shall
be  deemed  to  be  the  Municipal  Commissioner,  under  the  Maharashtra
Municipal  Corporations  Act  and  the  Maharashtra  Regional  and  Town
Planning  Act,  and  shall,  respectively,  exercise  the  powers  of  the  Municipal
Commissioner  and  the  Corporation  under  the  said  Acts.

(3) Notwithstanding anything contained in the Maharashtra Slum Areas
(Improvements,  Clearance  and  Redevelopment)  Act,  1971,  for  the  purposes
of  preparation  and  execution  of  the  projects  and  schemes  under  sub-section
(1),  the  Metropolitan  Commissioner  shall  be  deemed  to  be  a  Slum
Rehabilitation Authority under the said Act and shall have such powers and
discharge such duties of the concerned Slum Rehabilitation Authority under
the  said  Act,  for  the  said  purposes,  as  the  Government  may,  by  notification
in  the Official  Gazette,  declare.

18 of
2013.

Mah.
XXIV of
1961.

2 of
1882.
XXIX of
1950.
XXI of
1860.

LIX of
1949.

Mah.
XXVIII
of 1971.

(4) Notwithstanding anything contained in section 20 of the Maharashtra
Motor  Vehicles  Tax  Act,  or  any  other  law  for  the  time  being  in  force,  the
Authority may charge toll for the use of the amenity provided by it :

LXV of
1958.

Provided that, the amount of toll shall not be more than the capital outlay
or expenses incurred by the Authority on such project or scheme and expenses
incurred  for  collection  thereof.

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13

LXV of
1958.

Explanation.—  For  the  purposes  of  this  sub-section,  the  expression
“capital  outlay”  shall  have  the  same  meaning  as  assigned  to  it  in  the
Explanation  to  sub-section  (1A)  of  section  20  of  the  Maharashtra  Motor
Vehicles  Tax  Act.

CHAPTER  V

FINANCE, BUDGET AND ACCOUNTS

20.

(1) There shall be a fund for the Metropolitan Authority to be called
Metropolitan  Region  Development  Fund  for  that  Region  to  which  shall  be
credited  all  moneys  received  by  the  Authority,  including––

Funds of
Metropolitan
Authority.

(a) a contribution to be made by the State Government of a sum of
not less than rupees ten crores towards a revolving fund to be established
by  the  Authority,  in  such  instalments,  as  the  State  Government  may
determine  in  accordance  with  the  schemes  included  in  the  State  Plan
and  under  appropriation  duly  made  in  this  behalf,  which  contribution
shall  be  utilised  by  the  Authority  for  such  planned  development  as  the
State Government may, from time to time, approve ;

(b) such other moneys as may be paid to the Authority by the State

Government;

(c) such  moneys  as  may  be  paid  to  the  Authority  by  the  Union

Government or  any other  authority or  agency ;

(d) the  sums  placed  at  its  disposal  by  the  State  Government  from

out  of  the proceeds  of  any  cess  levied under  Chapter  VI ;

(e) the proceeds of any betterment charge levied under Chapter VI ;

(f) all fees,  costs and  charges received by  the Authority  under this

Act or any other law for the time being in force ;

(g) all money received by the Authority from the disposal of lands,
buildings  and  other  properties,  moveable  and  immoveable,  and  other
transactions  ;

(h) all  moneys  borrowed  by  the  Authority  ;

(i)   all moneys received by the Authority by way of rents and profits

or in any other manner or from any other source.

(2) The Metropolitan Authority may keep in current or deposit account
with  the  State  Bank  of  India  or  with  any  Nationalised,  or  with  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  the  State
Government.

(3) Such  accounts  shall  be  operated  upon  by  such  officers  of  the
Metropolitan  Authority  as  may  be  authorized  by  regulation  made  in  this
behalf.

(4) (a)  Such  Government  lands  free  from  encumbrances  in  the
Metropolitan Region shall be made available by the State Government to the
Authority  on  such  terms  and  conditions  as  it  may  deem  fit  and  Authority
shall use those lands as resource to raise funds to provide infrastructure as
per  the  approved  Regional  Plan  or  Development  Plan  applicable  to  that
Region,  for  time being  in  force.

¦ÉÉMÉ +É`ö--8--3

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(b) The  Authority  may  also make  an  application  under  clause  (c)  of
sub­section (1) of section 126 of the Maharashtra Regional and Town Planning Act.

Loans Fund.

21.

(1) As  apart  of  the  Metropolitan  Region  Development  Fund,  the
Metropolitan  Authority  shall  establish  in  distinct  Bank  accounts  a  Loans
Fund for  the purposes  of,––

(a) receiving all monies borrowed by it including all repayments of
loan instalments together with payment of interest made by the borrower
on loans,

(b) providing  all  moneys  to  be  made  available  by  the  Authority  as
loans  or  advances  to  local  authorities  and  other  authorities  or  persons,
(c) repayment  of  loans  raised  by  the  Authority  for  the  purpose  of

this Act, and

(d)  expenditure  on  projects  and  schemes.

(2) All matters connected with the Loans Fund shall be governed by the

regulations made in this behalf.

Reserve and
other Fund.

22.

(1) The Metropolitan Authority shall make provisions for a reserve
fund and may provide for other specially denominated funds as it deems fit.

(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  Metropolitan
Authority.

Application of
funds,etc.

23. All  property,  funds  and  other  assets  vesting  in  the  Metropolitan
Authority shall be held and applied by it for the purposes and subject to the
provisions  of  this  Act.

Powers  to
Metropolitan
Authority to
borrow.

Powers  to
Metropolitan
Authority to
finance
projects and
schemes and
impose
conditions
therefor.

24. The  Metropolitan  Authority  may  borrow  any  moneys  for  carrying
out  the  purpose  of  this  Act  or  for  servicing  any  loan  obtained  by  it,  at  such
appropriate  rates  and  on  such  conditions,  as  it  may  deem  fit,  in  so  far  as
where  the  guarantees  or  letters  of  the  State  Government  are  not  required.

25. The  Metropolitan  Authority  shall  be  competent  to  give  grants,
advances or loans to, or to share expenses with, any local authority or other
authority  in  the  Metropolitan  Region,  for  any  of  the  purposes  of  section  13,
and  notwithstanding  anything  contained  in  any  law  for  the  time  being  in
force,  but  subject  to  the  restrictions  (if  any)  contained  in  the  Maharashtra
Municipal  Corporation  Act  or  any  law  relating  to  such  local  authority  or
other  authority,  it  shall  be  lawful  for  such  other  authority  to  accept  such
grants, advances or loans or share in the expenses, subject to such terms and
conditions  as  the  Metropolitan  Authority  may,  from  time  to  time,  in
consultation  with  such  other  authority,  specify.

State
Guarantee
to loans
taken or
given by
Authority.

26. The  State  Government  may  guarantee  repayment  of  the  principal
of, and interest on, any loan raised or given by the Metropolitan Authority or
transferred  to  it,  for  the  purposes  of  this  Act,  subject  to  such  conditions  as
the State Government may think fit to impose:

Provided  that,  the  guarantee  of  repayment  shall  be  applicable  only  to
the  cases  where  the  loan  is  raised,  given  or  transferred  by  the  Authority
with  the  prior  approval  of  the  State  Government:

Provided  further  that,  the  State  Government  shall  not  give  guarantee
for repayment of the principal of, and interest on, any loan raised or given by
the  Metropolitan  Authority  or  transferred  to  it  under  section  24.

LIX of
1949.

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15

27.

(1) The  Metropolitan  Authority  shall  keep  accounts  in  such  form
and in such manner as it may by regulations made in this behalf determine.

(2) The  accounts  of  the  Metropolitan  Authority  shall  be  audited  by  the
Chief Auditor, Local Fund Accounts or by any other auditor appointed by the
State  Government  from time  to  time.

Accounts
and
Audits.

(3) The  audit  shall  be  made  in  such  manner  as  may  be  determined  by

regulations.

(4) The    auditor  shall  submit  his    audit  report  to  the  Metropolitan

Authority  and  shall  forward  a  copy  thereof  to  the  State  Government.

28.

(1) The  Member-Secretary  of  the  Authority  shall  prepare,  every
year, in such form and at such time as may be prescribed , an annual budget
estimate in respect of the next ensuing financial year showing the estimated
receipts  and  disbursements  of  the  Metropolitan  Authority  and  shall  submit
it  to  the  Metropolitan  Authority  for  approval.

Budget.

(2) The  Authority  shall  also  approve  the  Annual  Capital  Budget.

(3) The Member-Secretary shall forward to the State Government copies
of the budget estimate and capital budget so prepared by him and the budget
as  approved  by  the  Metropolitan  Authority.

29. The  Metropolitan  Authority  shall  prepare  after  the  end  of  each
year  (ending  on  the  31st  day  of  March),  a  report  of  its  activities  during  the
previous year and submit it to the State Government before the 30th day of
November and the State Government shall cause a copy of such report to be
laid  before  the  State  Legislature.

Annual
Report.

30. The  Metropolitan  Authority shall  not  and  shall  not be  required  to
carry  out  any  of  its  operation  under  this  Act  at  a  loss.  Any  deficit  in  the
Metropolitan Region Development Fund in any financial year shall be made
good  by  the  Authority  not  later  than  those  of  the  next  succeeding  financial
year.

Operations
of
Authority
not to be
carried out
at a loss.

CHAPTER  VI

POWERS OF TAXATION

31.

(1) The  State  Government  may,  upon  a  request  received  from  the
Metropolitan  Authority  by  notification  in  the Official  Gazette,  levy  cess  on
lands and buildings in the Metropolitan Region or any part thereof, at such
rate  not  exceeding  five  per  centum,  as  may  be  determined  by  the  State
Government,  of  the  ratable  value  of  the  property :

Power to
levy cess
on lands
and
buildings.

Provided  that,  any  land  or  building  vested  in  or  under  the  control  or
possession of the Central Government, the State Government or of any local
authority shall be exempted from the payment of the cess.

(2) Such cess may be levied at different rates for different areas and for

different  classes  of  properties.

(3) The cess shall be collected by the local authority within whose areas
the  properties  are  situated  as  if  the  cess  were  a  property  tax  levied  by  it
under  the  law  governing  that  local  authority  and  shall  first  be  credited  to
the  Consolidated  Fund  of  the  State,  after  deducting  such  portion  thereof  as
may  be  prescribed  as  collection  charges.

(4) The  State  Government  shall  after  the  appropriation  made  by  the
State  Legislature  by  law  in  this  behalf  pay  to  the  Authority,  from  time  to
time, from the proceeds of the cess sums equivalent to the net amount of the
cess credited to the Consolidated Fund of the State for being utilised by the
Authority  for  the  purposes  of  this  Act.
¦ÉÉMÉ +É`ö--8--4

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(5) Landlord  shall,  in  respect  of  any  premises  situated  in  the
Metropolitan  Region,  be  entitled  to  make  any  increase  in  the  rent  of  the
premises  on  account  of  the  payment  by  him  of  the  cess  levied  under  this
section.

Explanation.—For  the  purpose  of  this  section,  “rent”  means  the  rent

specified in the Maharashtra Rent Control Act, 1999.

Mah.
XVIII of
2000.

Power of
Metropolitan
Authority to
levy
betterment
charge.

32.

(1) Where,  in  the  opinion  of  the  Metropolitan  Authority  as  a
consequence of  any development  project or scheme  having been  executed by
the Metropolitan Authority in any area the value of any land in that area has
increased  or  will  increase,  the  Metropolitan  Authority  shall  be  entitled  to
levy upon the owner of the land or any person having an interest therein, a
betterment  charge  in  respect  of  the  increase  in  value  of  the  land  resulting
from  the  execution  of  the  development  project  or  scheme.

Assessment
of
betterment
charge by
Metropolitan
Authority.

(2) Such betterment charge shall be an amount not exceeding one- half
of  the  amount  by  which  the  value  of  the  land  on  the  completion  of  the
execution  of  the  development  project  or  scheme,  estimated  as  if  the  land
were  clear  of  buildings,  exceeds  the  value  of  the  land  immediately  before
such  execution  estimated  in  like  manner :

Provided that, in levying betterment charge on any land the Metropolitan
Authority  shall  have  regard  to  the  extent  and  nature  of  benefit  accruing  to
the  land  from  the  development  project  or  scheme  and  such  other  factors  as
may be laid down by rules made in this behalf.

(3) No betterment contribution shall be payable by the Government, the
Authority or other local authority in respect of any land which is the property
of  the  Government,  the  Authority  or  other  local  authority.

33.

(1) When  it  appears  to  the  Metropolitan  Authority  that  any
particular  development  project  or  scheme  is  sufficiently  advanced  to  enable
the  amount  of  the  betterment  charge  to  be  determined,  the  Metropolitan
Authority may, by an order made in this behalf, declare that for the purpose
of  determining  the  betterment  charge  the  execution  of  the  development
project or scheme shall be deemed to have been completed and shall thereupon
give notice in writing to the owner of the land or any person having an interest
therein  that  the  Metropolitan  Authority  proposes  to  assess  the  amount  of
the betterment charge in respect of the land under the last preceding section.

(2) The  Metropolitan  Authority  shall  then  assess  the  amount  of
betterment charge payable by the person concerned after giving such person
a reasonable opportunity to be heard and such person shall, within one month
from the date of receipt of the notice in writing of such assessment from the
Metropolitan  Authority,  inform  the Metropolitan  Authority  by  a  declaration
in writing that he accepts the assessment or dissents from it.

(3) When  the  assessment  proposed  by  the  Metropolitan  Authority  is
accepted  by  the  person  concerned  within  the  period  specified  in  sub­section
(2) such assessment shall be final.

(4) If the person concerned dissents from the assessment or fails to give
the Metropolitan Authority the information required by sub-section (2) within
the  period  specified  therein,  the  matter  shall  be  determined  by  arbitrators
in  the  manner  provided  in  the  next  following  section.

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17

34. For  the  determination  of  the  matter  referred  to  in  sub-section  (4)
of section 33, the provisions regarding arbitration under the Arbitration and
Conciliation  Act, 1996,  shall be  applicable.

26 of
1996.

35.

(1) The  betterment  charge  levied  under  this Act  shall  be  payable
in such number of instalments and each instalment shall be payable at such
time and in such manner as may be fixed by rules.

(2) Any arrear of betterment charge shall bear interest at the prescribed

rate and shall be recoverable as an arrear of land revenue.

Settlement
of
betterment
charge by
arbitrators.

Payment
of
betterment
charge.

36.

(1) Any person liable to the payment of betterment charge may, at
his option instead of making a payment thereof to the Metropolitan Authority,
execute  an  agreement  with  the  Authority  to  leave  the  said  payment
outstanding as a charge on his interest in the land, subject to the payment in
perpetuity  of  interest  at  the  prescribed  rate,  the  first  annual  payment  of
such interest being made at such time and in such manner as may be fixed by
the rules :

Betterment
charge a
first
charge on
land.

Provided  that,  within  a  period  of  ten  years  from  the  date  on  which  the
first payment of interest is made by any person, he may, at any time, pay the
betterment  charge  in  full  in  a  lumpsum  and  thereupon  the  agreement
executed by him shall stand terminated and the charge created by him on his
interest in the land  shall also stand released.

(2) Every payment due from any person in respect of a betterment charge
and every charge referred to in sub-section (1) shall notwithstanding anything
contained  in  any  other  law  for  the  time  being  in  force  but  subject  to  the
payment of any dues of the Government, or of any local authority, be the first
charge upon the interest of such person in such land.

CHAPTER  VII

APPLICATION OF WITH OR WITHOUT MODIFICATIONS OR EXEMPTION FROM CERTAIN
ENACTMENTS TO THE METROPOLITAN AUTHORITY

37. The enactments mentioned in Schedule shall apply, with or without
modifications,  or  shall  not  apply  to  the  Metropolitan  Authority,  or  shall  be
amended, to the extent and in the manner mentioned in that Schedule.

CHAPTER  VIII

MISCELLANEOUS

38.

(1) Where  any  sum  (not  being  rent  payable  in  respect  of  any
Metropolitan  Authority  premises)  payable  to  the  Authority,  whether  under
any  agreement,  express  or  implied  or  otherwise,  howsoever,  is  not  paid  on
or  before  the  due  date-

(a) and  the  claim  is  not  disputed,  the  person  duly  authorised  by
the  Authority  shall  send  to  the  Collector  a  certificate  under  his  hand
indicating  therein  the  sum  which  is  due  to  the  Authority  or  is  claimed
by the Authority, as the case may be; and thereupon, the Collector shall
recover the sum due or claimed as an arrear of land revenue ;

¦ÉÉMÉ +É`ö--8--4+

Application
of certain
enactments
to the
Authority
with
certain
modification,
etc.

Recoveries
of monies
due to
Authority as
arrears of
land
revenue.

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(b) and the claim is disputed, it shall be referred to the Collector or
such other officer as may be authorized by him which shall, after making
such inquiry as it thinks fit, and after giving to the person by whom the
sum is alleged to be payable a reasonable   opportunity   of being   heard,
decide      the  question;  and  the  decision  thereon  shall  be  final  and  shall
not  be  called  in  question  in  any  Court  or  before  any  other  authority.
Thereupon, the Collector shall recover the sum determined to be due as
an arrear of land revenue.

(2) The  procedure  to  be  followed  for  deciding  questions  referred  to  it

under sub-section (1) shall be such as may be prescribed.

Lumpsum
contribution
by Authority
in lieu of
taxes leived
by local
authorities.

39.

(1) Subject to rules, if any, that may be made under this Act, and
regard  being  had  to  the  fact  that  the  Metropolitan  Authority  itself  provides
in the area within the jurisdiction of any local authority or any of the amenities
which  the  local  authority  provides,  then the  Authority  shall  not  be  liable  to
pay  the  taxes  including  property  taxes,  if  any,  but  it  shall  be  lawful  to  the
local  authority  to  arrive  at  an  agreement  with  the  Authority  to  receive  a
lumpsum contribution to the local authority in lieu of all or any of the taxes
levied  or  services  rendered  by  the  local  authority.

(2) Where no such agreement as is referred to in sub-section (1) can be
reached, the matter may be referred to the State Government in such manner
as  the  State  Government  may  determine,  and  the  State  Government  may,
after  giving  to  the  local  authority  or  the  Authority  or  both,  a  reasonable
opportunity  of  being  heard,  decide  the  amount  of  such  contribution.  The
decision of the State Government shall  be binding on both parties.

Deduction
from salary
or wages to
meet claims
of Authority
in certain
cases.

40.

(1) Any  person  dealing  with  the  Metropolitan  Authority  may
execute an agreement in favour of such Authority providing that his employer
shall be competent to deduct from the salary or wages payable to him by the
employer, such amount as may be specified in the agreement, and to pay to
the Authority the amount so deducted in satisfaction of any debt or demand
of  the Authority  against such  person.

(2) On the execution of such agreement, the employer shall, if so required
by the Authority, by requisition in writing, and so long as the Authority does
not intimate that the whole of such debt or demand has been paid, make the
deduction in accordance with the agreement, and pay the amount so deducted
to  the  Authority  as  if  it  were  a  part  of  the  salary  or  wages  payable  by  the
employer as required under the Payment of Wages Act, 1936, on the day on
which  the  employer  makes  payment.

IV of
1936.

(3) If,  after  the  receipt  of  a  requisition  made  under  the  foregoing
sub­section, the employer at any time fails to deduct the amount specified in
the requisition from the salary or wages payable to such person or makes a
default  in  remitting  the  amount  deducted  to  the  Authority,  the  employer
shall be personally liable for the payment thereof ; and the amount shall be
recoverable  on  behalf  of  the  Authority  from  the  employer  as  an  arrear  of
land  revenue.

(4) Nothing  contained  in  this  section  shall  apply  to  persons  employed
in any railways (within the meaning of the Constitution) and in mines and oil
fields.

Control by
State
Government.

41.

(1) The  Metropolitan  Authority  shall  exercise  its  powers  and
perform  its  duties  under  this  Act  in  accordance  with  the  policy  framed  and
guidelines  laid  down  from  time  to  time,  by  the  State  Government  for
development  of  the  areas  in  the  Metropolitan  Region.

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19

(2) The  Authority  shall  be  bound  to  comply  with  such  directions  which
may  be  issued,  from  time  to  time,  by  the  State  Government  for  efficient
administration  of  this  Act.

(3) If, in connection with the exercise of the powers and the performance
of the duties of the Authority under this Act, any dispute arises between the
Authority  and  the  State  Government,  the  matter  shall  be  decided  by  the
State Government and its decision shall be final.

42. The Metropolitan Authority shall have power to call for any return,
statement of accounts, reports, statistics or other information from any local
authority  or  other  authority  or  person  in  the  Metropolitan  Region,  which  is
required  by  it  in  exercise  of  its  powers  and  the  performance  of  its  duties
under this Act, or any other law for the time being in force and such authority
or person shall be bound to furnish such information.

Power of
Authority to
call for
returns,
reports, etc.

43. The Authority may, by resolution, delegate, from time to time, any
power (except the power to make regulations) exercisable by it or any function
to be discharged or any duty to be performed by it, by or under this Act to the
Metropolitan  Commissioner  or  the  Executive  Committee  subject  to  such
terms and  conditions as may  be specified in  such resolution.

Power to
delegate.

44. Every  member,  officer  and  other  employees  of  the  Metropolitan
Authority  and  every  member  of  the  Committees  constituted  under  this  Act
shall be deemed to be a public servant within the meaning of section 21 of the
Indian  Penal  Code.

XLV of
1860.

45. The  Police  Commissioner  or  the  Superintendent  of  Police  in  the
Metropolitan Region shall, comply the direction give under sub-section (4) of
section 15  and co-operate by  himself and  through his subordinates  with the
Metropolitan  Commissioner  for  carrying  into  effect  and  enforcing  the
provisions  of this  Act  and for  the  maintenance  of good  order.

Officers and
other
employees of
Metropolitan
Authority to
be public
servant.

Co-operation
by Police.

46. No suit, prosecution or other legal proceeding shall lie against  any
member  or  any  officer  or  other  employee  of  the  Metropolitan  Authority  and
any  member  of  Committees  constituted  under this  Act  for  anything  done  in
good faith under  this Act.

Indemnity.

47.

(1) The power to make all rules under this Act shall be exercisable

by the State Government by notification in the Official Gazette.

Power to
make rules.

(2) Without  prejudice  to  any  power  to  make  rules  contained  elsewhere
in  this  Act,  the  State  Government  may  make  rules  consistent  with  this  Act
generally to  carry out  the purposes  of this  Act.

(3) All  rules  made  under  this  Act  shall  be  subject  to  the  condition  of

previous  publication.

(4) Every rule made under this Act shall be laid as soon as may be after
it is made before each House of the State Legislature while it is in session for
a total period of thirty days which may be comprised in one session or in two
successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately
following, both Houses agree in making any modification in the rule or both
Houses  agree  that  the  rule  should  not  be  made,  and  notify  such  decision  in
the Official  Gazette,  the  rule  shall  from  the  date  of  publication  of  such
notification  have  effect  only  in  such  modified  form  or  be  of  no  effect,  as  the
case  may  be,  so  however  that  any  such  modification  or  annulment  shall  be
without  prejudice  to  the  validity  of  anything  previously  done  or  omitted  to
be done under that rule.

20

Power to
make
regulations.

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48. The  Metropolitan  Authority  may,  with  the  prior  approval  of  the
State  Government,  from  time  to  time,  make  regulations,  not  inconsistent
with  provisions  of  the  Act  and  the  rules  made  thereunder,  for  all  or  any  of
the  matters  to  be  provided  under  this  Act  by  regulations  and  generally  for
all  other  matters  for  which  provision  is,  in  the  opinion  of  the  Authority,
necessary  for  the  exercise  of  its  powers  and  the  discharge  of  its  functions
under  this  Act.

Overriding effect
to provisions of
this Act.

49. Notwithstanding  anything  contained  in  any  other  law,  the
provisions of  this Act,  so far  as they  relate to  the coordinating,  supervising,
development  of  the  areas  in  the  Metropolitan  Region  shall  prevail.

Power to
remove
difficulties.

50.

(1) If  any  difficulty arises  in  giving  effect  to  the provisions  of  this
Act, the State Government may, as occasion requires, by order, published in
the Official Gazette do anything not inconsistent with the objects and purposes
of this Act, which appears to it to be necessary or expedient for the purpose
of  removing  the  difficulty  :

Repeal of
Mah. Ord.
XXII of 2016
and saving.

Provided  that,  no  such  order  shall  be  made  after  expiry  of  a  period  of

two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may

be, after it is made, before each House of the State Legislature.

51.

(1)  The  Maharashtra  Metropolitan  Region  Development  Authority

(Continuance)  Ordinance,  2016,  is  hereby  repealed.

(2)  Notwithstanding  such  repeal,  anything  done  or  any  action  taken
(including  any  notification  or  order  issued)  under  the  corresponding
provisions  of  the said  Ordinance,  shall  be  deemed  to have  been  done,  taken
or issued, as the case may be, under the corresponding provisions of this Act.

Mah.
Ord.
XXII of
2016.

SCHEDULE

(See section  37)

I. The  Maharashtra  Government  Premises  (Eviction)  Act  (II  of

1956).

The State Government may, by notification in the Official Gazette, direct
that, from such date as may be specified therein, the said Act shall apply to
premises  belonging  to,  or  taken  on  lease  by  the  Metropolitan  Authority  as
that Act applies in relation to  Government premises,  subject to the  following
modifications in the said Act, namely :-

(a) in  section  2,  for  clause  (b),  there  shall  be  substituted  the  following

clauses:—

“(b)  “Authority”  means  the  Metropolitan  Region  Development
Authority  established  under  the  Maharashtra  Metropolitan  Region
Development Authority Act, 2016; and “Authority premises” means any
premises belonging to or taken on lease by that Authority;

(b) for section 3, there shall be substituted the following section, namely:-

Mah.
III of
2017.

“3. The  State  Government  may,  by  notification  in  the Official
Gazette, appoint an officer who is holding or has held an office which in
its  opinion  is  not  lower  in  rank  than  that  of  Deputy  Collector  or
Executive  Engineer,  to  be  a  Competent  Authority  for  the  purposes  of
this Act and one or more such officer may be appointed for the whole of
the  Metropolitan  Region  or  any  part  thereof.”;

Appointment
of
Competent
Authorities.

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, VÉÉxÉä´ÉÉ®úÒ 10, 2017/{ÉÉè¹É 20, ¶ÉEäò 1938

21

(c) any reference to “ Government premises” in that Act shall be deemed
to  be  references  to  “Authority  premises”,  and  references  to  “the  State
Government” in sections 4, 6 and 9 thereof shall be deemed to be references
to  “  the  Authority”;

(d) in section 6, in sub-section (1),–

(i) after  clause  (c),  there  shall  be  inserted  the  following  word  and

clause, namely :—

“or

(d) any  employee  of  the  Authority,”;

(ii) after  the  words  “or,  as  the  case  may  be,  the  local  authority”

there  shall  be  inserted  the  words  “or  the  Authority,”.

II. The   Maharashtra   Ownership   Flats   (Regulation   of the
Promotion of Construction, Sale, Management and Transfer) Act, 1963
(Mah. XLV of 1963).

The  said  Act  shall  not  apply  to  the  Metropolitan  Authority  or  to  any

land or building belonging to or vesting in that Authority.

III. The  Maharashtra  Regional  and  Town  Planning  Act,  1966

(Mah.  XXXVII of  1966.)

In  the  said  Act,  in  section  40,  in  sub-section  (1),  after  clause  (c),  there

shall be inserted the following word and clause, namely :—

“or

Mah. III
of 2017.

(d) appoint the Metropolitan Region Development Authority established
under  the  Maharashtra  Metropolitan  Region  Development  Authority Act,
2016.”.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY    SHRI  PARSHURAM  JAGANNATH  GOSAVI,  PRINTED

AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY  AND  PUBLICATION,  21-A,  NETAJI  SUBHASH ROAD,  CHARNI  ROAD,  MUMBAI  400  004,  EDITOR  :  SHRI  PARSHURAM  JAGANNATH  GOSAVI.

