Mumbai Metropolitan Region Development Authority Act, 1974.

S.1 Short title and commencement.

(1) This Act may be called ¹[the Mumbai Metropolitan Region Development Authority Act, 1974.]

(2) It shall come into force on such ²date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Definitions.

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, in consultation with Authority, may from time to time, by notification in the Official Gazette, specify to be amenity for the purposes of this Act;

(b) "¹[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 thereto or deleting therefrom any area specified in such notification; and thereupon the modified area shall be the ²[Mumbai Met

S.3 Establishment of the Mumbai Metropolitan Region Development Authority.

3. Establishment of the ¹[Mumbai Metropolitan Region Development Authority].- (1) As soon as may be after the commencement of this Act, the State Government shall by notification in the Official Gazette, establish, for the purposes of this Act an authority to be called "The ²[Mumbai Metropolitan Region Development Authority"] hereinafter referred to as "the Metropolitan Authority" or "the 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, hold and dispose of property, both moveable, and immoveable and to contract and may sue or be sued by its corporate name aforesaid.

(3) The Metropolitan Authority shall be deemed to be a local authority within the

S.4 Composition of the Metropolitan Authority.

¹[4. Composition of the Metropolitan Authority.- (1) On and from the date of commencement of the Bombay Metropolitan Region Development Authority (Amendment) Act, 1983 (Mah. XXX of 1983), in place of the existing members, the Metropolitan Authority shall consist of the following members, namely :-

(i) The Minister for Urban Development;

(ii) The Minister for Housing;

(iii) The Minister of State for Urban Development;

(iv) The ²[Mayor of Mumbai;]

S.4A 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 ¹[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 or 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 o

S.5 Meetings of the Metropolitan Authority.

(1) 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 th

S.6 Deleted.

[Constitution and powers of Standing Committee.] Deleted by Mah. 30 of 1983, s. 4.

S.7 Constitution and powers of Executive Committee.

¹[7. Constitution and powers of Executive Committee].- (1) 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, ²[Mumbai Mu

S.7A Authentication of orders, etc., of Authority and Executive Committee.

¹[7A. Authentication of orders etc., of Authority ²[and Executive Committee].- All proceedings of the Authority ³* * * * and the Executive Committee shall be authenticated by the signature of the Chairman of the Authority, ⁴* * * * 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 ⁵[the Secretary of the Executive Committee] or by any other officer of the Authority authorised by the Metropolitan Commissioner in this behalf.]

S.8 Deleted.

[Constitution and powers of the Functional Boards.] Deleted by Mah. 30 of 1983, s. 7.

S.9 Constitution of Committees.

9. Constitution of ¹* * Committees.- (1) The Metropolitan Authority may constitute ²* * * * 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 ³* * committee such powers as the Metropolitan Authority may specify by regulations.

(2) The ⁴* * * committees constituted under this section shall meet at such place and at such time, 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 the⁵* * committees may be paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the ^6<

S.10 Members not disqualified from contesting elections or continuing as members of State Legislature or local authorities.

(1) Notwithstanding anything 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 Councillor 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 I to the Bombay Legislature Members (Removal of Disqualifications) Act, 1956 (Bom. LII of 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 ¹[the Mumbai Metropolitan Region Development Au

S.10A Provision for inviting Government and local authority officers to assist or advise.

¹[10A. Provision for inviting Government and local authority officers to assist or advise.- The Authority, ²[or the Executive Committee] may invite any officer of 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].

S.11 Officers and servants of the Authority.

(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 as the State Government may decide, 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

S.12 Functions of the Metropolitan Authority.

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

(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 ;

(d) execute p

S.13 No other authority or person to undertake certain development without permission of the Authority.

(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 ¹[the overall development] of the Metropolitan Region.

(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

S.14 Powers of the Metropolitan Authority to give directions.

(1) Notwithstanding anything contained in any other law for the time being in force, the Metropolitan Authority may give such directions ¹[²[to any local authority, or other authority or person] with regard to the implementation of any development project or scheme financed under section 12, as it thinks fit,] and ³[any such authority or person] shall be bound to comply with such directions.

(2) Where any direction is given to any authority ⁴[or person] under sub-section (1), such authority ⁵[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 ⁶[clause (i)] of sub-section (

S.15 Power of Metropolitan Authority to require local authority to assume responsibilities in certain cases.

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 the local authority and the Metropolitan Authority.

S.16 Power of the Metropolitan Authority to execute any plan.

(1) Where the Metropolitan Authority is satisfied that any direction given by it under sub-section (1) of section 14 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, with the sanction of the State Government, itself undertake any works 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 the concerned authority.

(2) The Metropolitan Authority may also undertake any work in the Region ¹[of development in accordance with the Regional Plan] as may be directed by the State Government and may i

S.16A Power of Metropolitan Authority to subscribe to the share capital of certain companies or co-operative societies or to contribute to corpus of certain trusts or societies.

¹[16A. Power of Metropolitan authority to subscribe to the share capital of certain companies or co-operative societies or to contribute to the corpus of certain trusts or societies.- The Metropolitan Authority may, with the previous sanction of the State Government and subject to such terms and conditions, as the State Government may impose.-

(i) subscribe to the share capital of any public limited company incorporated under the Companies Act, 1956 (1 of 1956) or a Co-operative society, with limited liability registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); or

(ii) contribute to the corpus of a trust created under the Indian Trusts Act, 1882 (2 of 1882), or public trust registered unde

S.17 Power of Authority to provide amenity within Brihan Mumbai.

¹[17. Power of Authority to provide amenity within Brihan Mumbai.- (1) Notwithstanding anything contained in this Act or the Mumbai Municipal Corporation Act (Bom. III of 1888) or any other law for the time being in force, the Authority may, in consultation with the Municipal Commissioner of the Brihan Mumbai Municipal Corporation, prepare any project or scheme with a view to provide an infrastructure within the territorial limits of the Brihan Mumbai Municipal Corporation and execute the same.

Explanation.- For the purposes of this section, the term "infrastructure" shall also 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 and shall not include other items specified in sections 61 and 63 of the Mumbai Municipal Corpor

S.18 Funds of the Metropolitan Authority.

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

²[***]

(b) 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;

S.18A Loans Fund.

¹[18A. Loans Fund.- (1) As a part of ²[the Mumbai Metropolitan Region Development Fund] the Metropolitan Authority shall establish in district 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.]

S.19 Reserve and other Funds.

(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.

S.20 Application of Funds, etc.

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.

S.21 Power to Metropolitan Authority to borrow.

The Metropolitan Authority may, with the previous approval of the State Government, borrow any moneys for carrying out the purpose of this Act or for servicing any loan obtained by it, at such rates and on such conditions as the State Government may determine at the time the moneys are borrowed.

S.21A Power to Metropolitan Authority to finance projects and schemes and impose conditions therefor.

¹[21A. Power to Metropolitan Authority to finance projects and schemes and impose conditions therefor.- 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 12, and notwithstanding anything contained in any law for the time being in force, ²[but subject to the restrictions (if any) contained in ³[the Mumbai Municipal Corporation Act (Bom III of 1888)], 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.]

S.21B State guarantee to loans taken or given by Authority.

¹[21B. State guarantee to loans taken or given by Authority.- 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.]

S.22 Accounts and Audit.

(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 ¹[or by any other auditor appointed by the State Government from time to time].

(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.

S.23 Budget.

(1) 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 financial year next ensuing showing the estimated receipts and disbursements of the Metropolitan Authority and shall submit it to the Metropolitan Authority for approval.

(2) ²[The Member-Secretary] shall forward to the State Government copies of the budget estimate so prepared by him and the budget as approved by the Metropolitan Authority.

S.24 Annual Report.

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 30 day of November and the State Government shall cause a copy of such report to be laid before the State Legislature.

S.24A Operations of Authority not to be carried out at a loss.

¹[24A. Operations of Authority not to be carried out at a loss.- 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 ²[Mumbai 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].

S.25 Power to levy a cess on buildings and lands.

(1) The State Government may, upon a request received from the Metropolitan Authority by notification in the Official Gazette, levy a cess on buildings and lands in ¹[the Mumbai 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 :

Provided that all buildings or parts thereof, which are erected before the 1st day of April 1960, and the lands on which they are erected, shall be exempt 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 a

S.26 Power of Metropolitan Authority to levy betterment charges.

(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.

(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 :

Pro

S.27 Assessment of betterment charge by the Metropolitan Authority.

(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 three months from th

S.28 Settlement of betterment charge by arbitrators.

(1) For the determination of the matter referred to in sub-section (4) of the last preceding section, the State Government shall appoint three arbitrators of whom one shall be a City Civil Court Judge or District Judge or who has been such judge and two others shall possess such technical qualifications as may be prescribed.

(2) The arbitrators shall follow such procedure as may be prescribed.

(3) The arbitrators shall, for purpose of determining any matter referred to them have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit, in respect of the following matters, namely :-

(a) summoning and enforcing the attendance of any person an

S.29 Payment of betterment charge.

(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.

S.30 Betterment charge a first charge on land.

(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 :

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 lump sum 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 perso

S.31 Application of certain enactments to the Authority with certain modification, etc.

The enactments mentioned in Schedule II 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.

S.32 Power of State Government to acquire land.

(1) Where, on any representation from the Metropolitan Authority, it appears to the State Government that, in order to enable the Authority to discharge any of its functions or to exercise any of its powers or to carry out any of its projects or schemes or development programmes, ¹[or to provide any amenity by itself or through any recognised agency] it is necessary that any land in any part of the Metropolitan Region should be acquired, the State Government may acquire the land by publishing in the Official Gazette a notification to the effect that the State Government has decided to acquire the land in pursuance of this section :

Provided that, before publishing such notification, the State Government shall by notice published in the Official Gazette and served in the prescribed manner, call upon the owner of, or any other person who, in the opinion of tha

S.33 Power of State Government to require person in possession of land to surrender or deliver possession thereof to State Government, etc.

(1) Subject to the provisions of section 43, where any land is vested in the State Government under sub-section (3) of section 32, the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice.

(2) If any person fails or refuses to comply with an order under sub-section (1), the State Government may take possession of the land and may for that purpose use such force as may be reasonably necessary.

(3) Where any land is taken possession of as aforesaid, the State Government shall make that land available to the Metropolitan Authority for the purpose of discharging its functions and exercising its

S.34 Right to receive an amount for acquisition.

Every person having any interest in any land acquired under this Chapter shall be entitled to receive from the State Government an amount as provided hereafter in this Chapter.

S.35 Basis for determination of amount for acquisition of lands in municipal areas.

(1) Where any land (including any building thereon) is acquired and vested in the State Government under this Chapter and it is situated in ¹[Brihan Mumbai] or any area within the jurisdiction of any municipal council in the Metropolitan Region, the State Government shall pay for such acquisition an amount, which shall be determined in accordance with the provisions of this section.

(2) Where the amount has been determined with the concurrence of the Authority, by agreement between the State Government and the person to whom it is payable, it shall be determined and paid in accordance with such agreement.

(3) Where no such agreement can be reached, the amount payable in respect of any land acquired shall be an amount equal to one hundred times, the net average monthly income actually derived from suc

S.36 Apportionment of amount for acquisition.

(1) Where the owner of the land and the owner of the building thereon are different persons or several persons claim to be interested in the amount for acquisition determined under the last preceding section, the Competent Authority shall determine the persons who in its opinion are entitled to receive the same and the sum payable to each of them.

(2) If any dispute arises as to the apportionment of the amount or any part thereof, or as to the persons to whom the same or any part thereof is payable, the Competent Authority may refer the dispute to the decision of the Tribunal; and the Tribunal in deciding any such dispute shall follow the provisions of Part III of the Land Acquisition Act, 1894 (1 of 1894).

S.37 Payment of amount for acquisition or deposit of the same in Court.

(1) After the amount for acquisition has been determined, the Competent Authority shall, on behalf of the State Government, tender payment of, and pay the amount to the persons entitled thereto.

(2) If the persons entitled to the amount do not consent to receive it, or if there be any dispute as to the title to receive the same or as to the apportionment of it, the Competent Authority shall deposit the amount in ¹[Brihan Mumbai], in the Bombay City Civil Court and in any other municipal area in the Court of the District Judge, and that Court shall deal with the amount so deposited in the manner laid down in sections 32 and 33 of the Land Acquisition Act, 1894 (I of 1894).

S.38 Powers of Competent Authority in relation to determination of the amount for acquisition, etc.

(1) The Competent Authority may, for the purpose of determining the amount for acquisition or apportionment thereof, require by order any person to furnish such relevant information in his possession as may be specified in the order.

(2) The Competent Authority shall, while holding an inquiry under section 35, have all the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely :-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document ;

S.39 Payment of interest.

When the amount for acquisition is not paid or deposited on or before taking possession of the land, the Competent Authority on behalf of the State Government shall pay the amount determined with interest thereon, from the time of so taking possession until the amount shall have been so paid or deposited, at the rate of 4 per cent. per annum for the first six months and thereafter at the rate of 9 per cent. per annum.

S.40 Appointment of Competent Authorities.

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 the foregoing provisions of this Chapter, and one or more such officers may be appointed for the whole of any municipal area or areas or any part thereof.

S.41 Appointment of Tribunal.

The State Government may, by notification in the Official Gazette, constitute a Tribunal consisting of the President (being a person who is holding or has held any judicial office not lower in rank than that of City Civil Court Judge or District Judge for a period of not less than five years) and a person who is holding or has held an office not below the rank of Deputy Director of Town Planning and a person who is holding or has held office not below the rank of Superintending Engineer to Government.

S.42 Basis for determination of amount for acquisition of lands in rural areas and other procedure.

(1) Where any land (including any building thereon) is acquired and vested in the State Government under this Chapter and it is situated in any part of the Metropolitan Region, excluding ¹[Brihan Mumbai] and any area within the jurisdiction of any municipal council (in this Chapter referred to as "a rural area"), the State Government shall pay for such acquisition an amount, which shall be determined in accordance with provisions of this section.

(2) Where the amount has been determined, with the concurrence of the Authority, by agreement between the State Government and the person to whom it is payable, it shall be determined and paid in accordance with such agreement.

(3) Where no such agreement can be reached, the State Government shall refer the case to the Collector, who shall determine the amou

S.43 Alternative accommodation to occupiers of residential premises where any acquired building is to be demolished.

Where any building is acquired under this Chapter and is vested in the Authority and is proposed to be demolished, it shall be the duty of the Authority, before evicting the occupiers, to provide such alternative accommodation, at such place and of such nature and size, as the Authority may deem fit, and on such terms and conditions as the Authority may determine, only to those persons who are occupiers of residential premises in the building, either as an owner or tenants, and who are actually residing in the building at the time of their eviction. If any occupier fails to accept and occupy the alternative accommodation allotted to him, within 45 days from the date of allotment, the responsibility of the Authority to provide him with such accommodation shall cease. The decision of the Authority as regards any matter contained in this section shall be final and shall not be questioned in any Court.

(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;

(b) and the claim is disputed, it shall be referred to a Tribunal constituted by the State Government for the purpose, which shall, after making such inquiry as it thinks fi

S.45 Lump sum contribution by the Authority in lieu of taxes levied by local authorities.

(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, with the prior sanction of the State Government, to receive a lump sum 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 (2) 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

S.46 Deduction from salary or wages to meet claims of the Authority in certain cases.

(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 (IV of 1936) on the day on which the employer makes

S.46A Control by State Government.

¹[46A. Control by State Government.- (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 Metropolitan Region.

(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.

S.46B Power of Authority to call for returns, reports, etc.

The Metropolitan Authority shall have power to call for any return, statement of accounts, report, statistics or other information from any local authority or other authority or person in the Metropolitan Region. which is required by it in the 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.]

S.46C Power to delegate.

¹[46C. Power to delegate.- 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].

S.47 Officers and other employees of the Metropolitan Authority to be public servants.

Every officer and other employees of the Metropolitan Authority ¹[and every member of the ²* * * * Committees constituted under this Act] shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XIV of 1860).

S.47-A Co-operation by Police.

¹[47-A. Co-operation by police.- The Police Commissioner of Mumbai shall, as far as may be. 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.]

S.48 Indemnity.

No suit, prosecution or other legal proceeding shall lie against any member or any officer or other employee of the Metropolitan Authority ¹[and any member of ²* * * * Committees constituted under this Act] for anything done in good faith under this Act.

S.49 Power to make rules.

(1) The power to make all rules under this Act shall be exercisable by the State Government by notification in the Official Gazette.

(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 ag

S.50 Power to make regulations.

The Metropolitan Authority may, from time to time, make regulations 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.

S.51 Effect of provisions inconsistent with other laws.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any law governing any local or other authority, in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or in any other law for the time being in force.

S.52 Power to remove difficulties.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may as occasion requires, but not later than two years from the date on which the Metropolitan Authority is established, by order, 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.