The Maharashtra Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Act, 1999
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2000 : Mah. V] 1
THE MAHARASHTRA METROPOLITAN PLANNING COMMITTEES
(CONSTITUTION AND FUNCTIONS) (CONTINUANCE OF
PROVISIONS) ACT, 1999
[Text as on 28th March 2025]
————————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
CONSTITUTION AND FUNCTIONS OF THE METROPOLITAN PLANNING COMMITTEE
3. Constitution of Metropolitan Planning Committee.
4. Term of office and filling of casual vacancies.
5. Removal of members.
6. Procedure to be followed in discharge of functions.
7. Proceedings presumed to be good and valid.
8. Allowance of Chairperson and members.
9. Functions of Metropolitan Planning Committee.
CHAPTER III
MISCELLANEOUS
10. Directives by State Government.
11. Power to formulate guidelines.
12. Power to make rules.
13. Amendment of certain enactments.
14. Power to remove difficulties.
15. Repeal of Mah. Ord. XXVI of 1999 and saving.
SCHEDULE
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(Constitution and Functions) (Continuance of
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(Constitution and Functions) (Continuance of
Provisions) Act, 1999
MAHARASHTRA ACT No. V OF 20001
[THE MAHARASHTRA METROPOLITAN PLANNING COMMITTEES (CONSTITUTION AND
FUNCTIONS) (CONTINUANCE OF PROVISIONS) ACT, 1999.]
[This Act received the assent of the Governor on the 6th January 2000; assent was first published
in the Maharashtra Government Gazette, Extraordinary No. 7, Part IV, on the 7th January 2000.]
An Act to provide for constituting in every Metropolitan area a Metropolitan Planning Committee
to prepare a draft development plan for the Metropolitan area as a whole; and to provide for
matters connected therewith or incidental thereto.
WHEREAS the Governor of Maharashtra had promulgated the Maharashtra Metropolitan Planning
Committees (Constitution and Functions) Ordinance, 1999 (Mah. Ord. XII of 1999), on the 29th June 1999
(hereinafter referred to as “the said Ordinance”);
AND WHEREAS upon the re -assembly of the State Legislature on the 22 nd October 1999, a Bill for
converting the said Ordinance into an Act of th e State Legislature could not be introduced in the
Maharashtra Legislative Assembly for want of time as the session of the State Legislature was prorogued
on the 23rd October 1999;
AND WHEREAS as provided by article 213( 2)(a) of the Constitution of India, the said Ordinance
would have ceased to operate after the 3 rd December 1999, the date on which the period of six weeks from
the date of re-assembly of the State Legislature would have expired;
AND WHEREAS it was considered expedient to continue the operation of the provisions of the said
Ordinance by law;
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 a ction to continue the operation of the provisions of the said Ordinance, for the purposes
hereinafter appearing; and therefore, the said Ordinance was repealed by withdrawal and the Maharashtra
Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Ordinance,
1999 (Mah. Ord. XXVI of 1999) , was promulgated with retrospective effect that is, with effect from the
29th June 1999, on the 2nd December 1999;
AND WHEREAS it is expedient to replace the Maharashtra Metropolitan Plan ning Committees
(Constitution and Functions) (Continuance of Provisions) Ordinance, 1999 (Mah. Ord. XXVI of 1999), by
an Act of the State Legislature; It is hereby enacted in the Fiftieth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. Short ti tle, extent and commence ment.— (1) This Act may be called the Maharashtra
Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Act, 1999.
1 For Statement of Objects and Reasons of the L. A. Bill No. XLVIII of 1999, see Maharashtra Government Gazette , 1999,
Extraordinary No. 114, Part VIII, dated the 13th December 1999, pages 180-181.
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(2) It extends to the whole of the State of Maharashtra excluding 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 29th June 1999.
2. Definitions.— In this Act, unless the context otherwise requires,—
(a) “article” means the article of the Constitution of India;
(b) “development plan” means the draft development plan prepared by the Metropolitan
Planning Committee under this Act, in consonance with the provisions of article 243-ZE;
(c) “Metropolitan area” means a Metropolitan area as specified by the Governor un der clause
(c) of article 243-P;
(d) “Municipality” means a Municipality as defined in clause (e) of article 243-P;
(e) “Panchayat” means a Village Panchayat consituted at the village level under the Bombay
Village Panchayats Act, 1958 (Bom. III of 1959) and the Panchayat Samitis and Zilla Parishads
constituted at the intermediate and the District level respectively under the Maharashtra Zilla
Parishads and Panchayat Samitis Act, 1961(Mah. V of 1962);
(f) “population” means the population as ascertained at the last preceding census of which the
relevant figures have been published;
(g) “prescribed” means prescribed by rules made under this Act.
CHAPTER II
CONSTITUTION AND FUNCTIONS OF THE METROPOLITAN PLANNING COMMITTEE
3. Constitution of Metropolitan Planning Committee. — (1) There shall be constituted a
Metropolitan Planning Committee for every Metropolitan area consisting of forty -five members as
provided under sub-section (2) to prepare a draft development plan for the Metropolitan area as a whole.
(2) Every Metropolitan Planning Committee shall consist of the following members, namely :—
I. Ex officio Members—
(a) Principal Secretary or Secretary to Government, Urban Development Department;
(b) Divisional Commissioner of the concerned Revenue Division.
II. Nominated Members—
(a) A person nominated by the State Government as the Chairperson;
(b) Six members nominated by the State Government from amongst the Municipal
Commissioners, Chief Officers of the Municipal Councils, the Chief Executive Officers of the
Special Planning Authorities or New Town Development Authorities constituted under the
Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), and members of
any other local authority, operating in the Metropolitan area;
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(Constitution and Functions) (Continuance of
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(c) Two members nominated by the State Government from amongst the Members of the
Legislative Assembly and the Members of the Legislative Council, ele cted from the
Metropolitan area;
(d) Four members nominated by the State Government who have experience and expertise
in urban development, urban infrastructure, finance, urban transport, environment, industry and
trade and urban community development.
III. Elected Members—
(a) Of the total number of members of the Metropolitan Planning Committee not less than
two-thirds shall be elected by, and from amongst, the elected members of the Municipalities and
Chairpersons of the Panchayats in the Metropolitan area in proportion to the ratio bet ween the
population of the Municipalities and of the Panchayats in that area;
(b) Members to be elected under clause ( a) to the Metropolitan Planning Committee shall
be elected by single transferable vote from amongst the voters in the electoral college
earmarked, for the purpose;
(c) The election of members shall be conducted in accordance with the system specified in
clause (b), by such authority or officer and in such manner as may be prescribed;
(d) If the validity of any election of a member of the Metropolitan Planning Committee is
brought in question by any other m ember qualified to vote at the election to which such
question refers, it may be decided by such authority within such period and, after following
such procedure, as may be prescribed.
IV. Special invitees—
The following shall be special permanent invitees at all the meetings of the Metropolitan
Planning Committee and shall have a right to take part in the deliberations of the meetings of the
Committee,—
(a) Five persons to be appointed by the State Government from amongst the Members of
Parliament and the Members of the Maharashtra State Legislature, elected from, or ordinarily
resident of, the Metropolitan area;
(b) Chief Executive Officers of the Maharashtra Jeevan Pradhikaran , Mahar ashtra
Industrial Development Corporation, Maharashtra Housing and Area Development Authority,
Maharashtra Pollution Control Board, Maharashtra State Electricity Board, Maharashtra S tate
Road Transport Corporation;
(c) Director of Town Planning or the Dep uty Director of Town Pl anning of the respective
region;
(d) Representatives of Government of India organisations such as Railways, Telephones or
Port Trusts, as the case may be.
(3) An officer of the rank not below the rank of Deputy Secretary to Governm ent to be nominated by
the State Government as the Secretary of the Metropolitan Planning Committee.
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(4) In the absence of the Chairperson at any meeting of the Metropolitan Planning Committee, the
members may elect the Chairperson from amongst themselves to preside over the meeting.
4. Term of office and filling of casual vacancies. — (1) The term of offi ce of the nominated
members shall be such as may be specified by the State Government while nominating them on the
Metropolitan Planning Committee.
(2) The term of office of the elected members shall be co -terminus with their tenure in the respective
local authority.
(3) Any nominated or elected member may resign his office by writing under his hand addressed to
the State Government. The resignation shall be effective from the date of its receipt by the Government.
(4) Any casual vacancy arising out of such resignation or for any other reason such as death or
disability of a member shall be filled as early as possible by nomination or election, as the case may be :
Provided that, the member so nominated or elected shall hold office for the remainder of the term for
which the member in whose place he is nominated or elected, would have held office.
5. Removal of members. — The State Government may, by notification in the Official Gazette ,
remove from office a member of the Metropolitan Planning Committee,—
(a) if he has any pecuniary interest in the schemes or works included in the plans and schemes
prepared by the Municipalities or Panchayats in the Metropolitan area;
(b) if he is convicted for an offence involving moral turpitude punishable under the provisions
of any law for the time being in force; or
(c) if he, upon the trial of election petition, is found guilty of corrupt practices.
6. Procedure to be followed in discharge of functions. — The procedure to be followed in
discharge of the functions by the Metropolitan Planning Committee shall be such as may be prescribed.
7. Proceedings presumed to be good and valid. — No act or proceeding of the Metropolitan
Planning Committee shall be invalid by reason only of vacancy therein, or any defect in election or
nomination of any member, if such act or proceeding is otherwise in accordance with the provisions of this
Act.
8. Allowance of Chairperson and members. — The Chairperson and other members of the
Metropolitan Planning Committee shall receive such allowances as may be fixed by the State Government,
from time to time.
9. Functions of Metropolitan Planning Committee. — Functions of the Metropolitan Planning
Committee shall be as follows :—
(a) to prepare a draft development plan for the Metropolitan area having regard to the plans
prepared by the Municipalities and Panchayats in the Metropolitan area;
(b) to ensure the compliance of the provisions of clause (3) of article 243-ZE;
(c) to recommen d through the Chairperson of Metropolitan Planning Committee the approved
draft development plan to the State Government.
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(Constitution and Functions) (Continuance of
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CHAPTER III
MISCELLANEOUS
10. Directives by State Government. — The State Government may issue directives, from time to
time, to the Metropolitan Planning Committee with regard to the functioning of the said Committee, or any
matter that the State Government deems fit for taking up with the Committee. On receipt of the directions,
the Committee shall comply with them.
11. Power to formulate guidelines. — The Metropolitan Planning Committee shall have powers to
formulate guidelines for preparation of draft plan, which will be followed by the Municipalites and
Panchayats while formulating their own plans.
12. Power to make rules. — (1) The power to make rules under this Act shall b e exercised by the
State Government by notification in the Official Gazette.
(2) 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 thir ty days, which may be
comprised in one session or in two successive sessions, and if, before the expiry of the session in which it
is so laid or 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 su ch modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done under that rule.
13. Amendment of certain enactments. — On and from the commencement of this Act, the
enactments mentioned in the Sche dule appended to this Act, shall stand amended, to the extent and in the
manner mentioned therein.
14. Power to remove difficulties.— If any difficulty arises in giving effect to any of the provisions
of this Act, the State Government may, as occasion arises, by order, do anything, not inconsistent with the
provisions of this Act, which appears to it to be necessary for the purpose of removing the difficulty:
Provided that, no such order shall be made after the expiry of a period of two years from the da te of
commencement of this Act.
15. Repeal of Mah. Ord. XXVI of 1999 and saving.— (1) The Maharashtra Metropolitan Planning
Committees (Constitution and Functions) (Continuance of Provisions) Ordinance, 1999 (Mah. Ord. XXVI
of 1999), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken (including any notification or
order issued) under the said Ordinanc e, shall be deemed to have been done, taken or issued, as the case
may be, under the corresponding provisions of this Act.
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(Constitution and Functions) (Continuance of
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SCHEDULE
(See section 13)
I. The Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966).
In section 4 of the said Act, after sub -section ( 1), the following sub -section shall be inserted,
namely:—
“(1A) Notwithstanding anything contained in sub -section (1), the provisions of that sub -section
shall not be applicable to the Metropolitan area as defined in clause ( c) of section 2 of the
Maharashtra Metropolitan Planning Committees (Constitution and Functions) Act, 1999 (Mah. V of
2000).”.
II. The Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975).
(a) In section 2 of the said Act, to clause (f), the following proviso shall be added, namely :—
“Provided that, the Regional plan shall also mean the development plan prepared by the
Metropolitan Planning Committee under the provisions of the Maharashtra Metropolitan
Planning Committees (Constitution and Functions) Act, 1999 (Mah. V of 2000);”;
(b) In section 12 of the said Act, for sub -section ( 2), the following sub -section shall be
substituted, namely :—
“(2) Notwithstanding anything contained in this Act or any other law for the time being in
force, the Authority shall assist the Metropolitan Planning Committee, constituted under the
Maharashtra Metropolitan Planning Committees (Constitution and Functions) Act, 1999 (Mah.
V of 2000), in preparation of development plan under that Act.”.
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