86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY ACT, 1974
[Act No. IV of 1975]
AN Act for forming Brihan Mumbai and certain areas round about into a Mumbai Metropolitan Region], to provide for the establishment of an Authority for the purpose of planning, coordinating and supervising the proper, orderly and rapid development of the areas in that Region and of executing plans, projects and schemes for such development, and to provide for matters connected therewith.
CHAPTER I-PRELIMINARY
SECTION 01: SHORT TITLE AND COMMENCEMENT
(1)This Act may be called 3[the Mumbai Metropolitan Region Development Authority Act, 1974]
(2) It shall come into force on such 2[date as the State Government may, by notification in the Official Gazzet appoint.
SECTION 02: DEFINITIONS
(1) In this Act,-unless the context otherwise requires
(a) “Amenity” includes Roads 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 consultation to time, by notification in the Official Gazette specify to be amenity for the purposes of this Act
(b) 3[Mumbai Metropolitan Region] or”Metropolitan Region” means the area specified in Schedule I. The State Government may, from time to time, by notification in the Official Gazette amend that Schedule by adding there to or deleting there from any areas specified in such notifications and thereupon the modified areas shall be 3[the Mumbai Metropolitan Region];
Provided that, no such notification shall be issued by the State Government unless it has been laid in draft before each House of the State Legislature and has been approved by resolution in which both Houses agree and upon such approval the notification may be issued, and shall take effect in the form in which it is so approved;
(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 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 lay out and sub-divisions of any land and also the provisions of amenities and projects and schemes for development for Agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities and to develop shall be construed accordingly.
1These words were substituted for the words “enabled itself to formulate” by Mab. 59 of 1975. s.2:
2. 26tb day of January 1975 (See G.N.,U.D., P.H. & H.D., No. BMR.DA. 1074/Met. Cell, 24th JaDuaiy 1975).
3. ‘These words were substituted by Mah. 25 of 1996.
(d) “land” includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
(e) “prescribed” means prescribed by rules made under this Act
(f) “Regional plan” means a plan prepared under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of l966), for the development or redevelopment of 2[the Mumbai metropolitan Region] as defined in this Act, or for any part there of, 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.
(g) “regulation” means regulation made under this Act;
(h) “rule” means rules made under this Act
(i) words and expressions used in this Act and not defined herein shall have the meanings assigned to them in the Maharashtra Regional and Town Planning act, 1966 (Mah. XXX VII of 1966).
CHAPTER II-ESTABL1SHMENT AND CONSTITUTION OF THE AUTHORITY
SECTION 03: ESTABLISHMENT OF 2[THE MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY)
(1) As soon as may be after the commencement of this Act the State Government by notification in the official Gazette, establish, for the purposes of this Act an authority to be called 2[The Mumbai Metropolitan Region Development Authority] “(hereinafter after referred to as the Metropolitan Authority)”
(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, ho1d and dispose of property, both moveable and immovable, and to contract, and may sue or be sued by its corporate name aforesaid.
(3)The Metropolitan Authority be deemed to be a local authority within the meaning of the term “local authority” as defined in the Bombay General Clauses Act, 1904).
SECTION 04: COMPOSITION OF THE METROPOLITAN AUTHORITY
(1) On and from the date of commencement of [the Mumbai Metropolitan Region Development Authority]
1. Sections 4 and 4A were substituted for the criminal by Mah. 30 of 1983 s2.
2. These words were substituted by Mali. 25 of 1996.
(Amendment)Act, 1983, (Mah. XXX of 1983),in place of the existing member, the Metropolitan Authority shall consist of the following members, namely:
(i) The Minister of Urban Development;
(ii) The Minister of Housing;
(iii) The Minister of State for Urban Development;
(iv) 2[The Mayor Of Mumbai]
(v) The chairman, Standing Committee, Municipal Corporation of 1[Brihan Mumbai]
(vi)(vii) and (viii) three Councilors of the Municipal Corporation of 1[Brihan Mumbai), elected by the Corporation, the election being held by ballot according to the system of proportional representation by means of the single transferable vote;
(ix) and (x) two member of the Maharashtra Legislative Assembly, representing constituencies falling, wholly or partly, within the limits of the 1[Mumbai 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 Government to the Government of Maharashtra;
(xiii) the Municipal Commissioner of the Municipal Corporation of [Brihan Mumbai]
(xiv) the Secretary to the Government of Maharashtra, Urban Development Department;
(xv) the Secretary to the Government of Maharashtra, Housing Department;
(xvi) the Managing Director, City and industrial Development Corporation of Maharashtra
(xvii) the Metropolitan Commissioner.
(2) The Minister for Urban Development shall be the Chairman, and the Metropolitan commissioner shall be the member secretary of the Authority.
(3)With effect from the date of the commencement of the said Act, 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 elected or 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 be competent to exercise, perform and discharge all the powers, duties and functions of the Authority from that date.
1. These words were substituted by Mah. 25 of 1996.
(4) The State Government may, from time to time, by notification in the Official Gazet published the names of members, who are elected under clauses (vi), (vii) and (viii) or nominated under clauses (ix), (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 members. Such regulations shall require the previous approval of the State Government
(6) Where a person becomes or is elected or nominated or 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 members, as the case may be.
(7) A member of the Authority, other than ex-officio members, may, at any time, by writing under his hand addressed to the Chairman, resign his Office.
(8) No act or proceeding of the Metropolitan Authority, or of any Committee or other body thcreo4 shall be deemed to be invalid at any lime merely on the ground
that—
(a) any of the members of the Authority or its Committee or body 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 or body, affecting the merits of the matter under consideration.
SECTION 04A: POWERS AND DUTIES OF CHAIRMAN, METROPOLITAN COMMISSIONER, ETC
(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.
(2) (a) Subject to the provisions of sub-section (1), the Metropolitan commissioner shall be the Chief Executive Officer of the Authority.
(b) The Metropolitan Commissioner shall supervise and control all its officers and servants, including any officers of 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 11.]
SECTION 05: MEETINGS OF THE METROPOLITAN AUTHORITY
The Metropolitan Authority shall meet at least once in three 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 regulations.
1[(2) The chairman shall preside at the meetings of the Authority. In the absence of the Chairman, at any meeting, any other member of the Authority elected by the members present at the meeting shall, preside at such meeting.)
(3) A member of the Authority, who has 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 share 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 o the Authority has become subject to the disqualification mentione4 in the last preceding sub-section, the question shall be referred for decision of the State Government, and its decision shall be final.
SECTION 06: [CONSTITUTION AND POWERS OR STANDING COMMITTEE,] DELETED BY MAH. 301983, S.4.
1. Sub. section (2) was substituted for the original by Mah. 30 of 1983.
2. Section. 7 was substituted for the original ibid. s5.
SECTION 07: CONSTITUTION AND POWERS OF EXECUTIVE COMMITTEE
There shall be an Executive Committee of the Authority, consisting of the following members namely:
(i) the chief Secretary to Government,
(ii) the Metropolitan commissioner
(iii) the Secretary to Government, Urban development Department
(iv) the Secretary to Government Housing Department,
(v) the Municipal Commissioner [the Mumbai Municipal Corporation];
(vi) the Managing Director, City and Industrial Development Corporation of Maharashtra;
(vii)(viii)(ix) three members of who are experts in the field of urban planning and development, to be appointed by the state Government.
(2)The Chief Secretary shall be the Chairman of the Executive Committee. He shall appoint as suitable person to be the Secretary of the Executive Committee
(3)The Executive Committee shall exercise the following powers and perform the
FoI1owingduties namely:-
(i) appointment of the staff;
(ii) planning and implementation of projects and schemes of the Authority, including approval or rejection of such projects and schemes;
(iii) approval or rejection of tenders for projects and schemes of the Authority
(iv) grant of permission or refusal of permission, on behalf of the Authority; under sub-section(3)of section 13;
(v) investment of surplus moneys of [the Mumbai Metropolitan region Development Fund]
(vi) institution conduct and withdrawal of any legal proceedings on behalf of 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 or procedure as it may determine]
SECTION 07A: AUTHENTICATION OF ORDERS ETC OF AUTHORITY3 [AND EXECUTIVE COMMITTEE
All proceedings of the Authority, 2[****] and the executive Committee shall be authenticated by the signature of the Chairman of the Authority 2 [* * *
* ]or the Executive Committee, as the case may be, or of any member thereof authorised by the Chairman in this behalf, and all other orders and instruments of the Authority shall be authenticated by the Metropolitan Commissioner or the Financial Adviser or by any other officer of the Authority authorised by the Metropolitan Commissioner in this behalf.
1. Section 7A was inserted by Mah. 29 of 1976, s. 5.
2. The words “the Standing Committee” were deleted by Mah. 30 of 1983, s.. 6(a).
3. These words were substituted for the words “and Standing and Executive Committees”, ibid. s.
6(b).
4. These words were substituted by Mah. 25 of 1996.
SECTION 08: [CONSTITUTION AND POWERS OF THE FUNCTIONAL BOARDS.] Deleted by Mah. 30 of 1983, s. 7.
SECTION 09: CONSTITUTION OF 3[***] COMMITTEES
(1) The Metropolitan Authority may constitute 11* * * *1 committees consisting. wholly of members of such Authority or partly members of such Authority or partly of other persons and for such put pose or purposes, as it may think fit; and entrust to any such 2[ *] committee such powers as the Metropolitan Authority may specify by regulations.
(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 regulations.
(3) The members of the 4[* *] committees may be paid such allowances for meeting the personal expenditure attending the meetings and for attending to any other work of the 4 * *] committees, as may be provided by regulations.
SECTION 10: MEMBERS NOT DISQUALIFIED FROM CONTESTING ELECTIONS OR CONTINUING AS MEMBERS OF STATE LEGISLATURE OR LOCAL AUTHORITIES
(1) Notwithstanding any thing contained in any other law for the time being in force, a member (including the Chairman or Vice-Chairman of the Authority or any of its Committees or boards) shall not be disqualified for being chosen as, and for being, a member or councilor of the State Legislature or any local authority or any Committee, board 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 or boards.
(2) In Schedule Ito the Bombay Legislature Members (Removal of Disqualifications) Act, 1956, after entry 15, the following entry shall be added, namely:—
“16. The office of the member (including the Chairman or Vice-Chairman) of the Authority constituted under the Bombay Metropolitan Region Development Authority Act, 1974, (Mah. IVof 1975), or of any of its Committees or Boards constituted under that Act.”
SECTION 10A: PROVISION FOR INVITING GOVERNMENT AND LOCAL AUTHORITY OFFICERS TO ASSIST OR ADVISE.—The Authority, 7[or the Executive Committee} may invite any officer of Government or local authority to attend its meeting or m
86540
103860
630
114
59824