LexThe Mumbai Metropolitan Region Development Authority Act, 1974.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1975 : Mah. IV] 1
THE MUMBAI METROPOLITAN REGION DEVELOPMENT
AUTHORITY ACT, 1974
[Text as on 4th April 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
CHAPTER I
PRELIMINARY
1. Short title and commencement.
2. Definitions.
CHAPTER II
ESTABLISHMENT AND CONSTITUTION OF THE AUTHORITY
3. Establishment of the Mumbai Metropolitan Region Development Authority.
4. Composition of the Metropolitan Authority.
4A. Powers and duties of Chairman, Metropolitan Commissioner, etc.
5. Meetings of the Metropolitan Authority.
6. Deleted.
7. Constitution and powers of Executive Committee.
7A. Authentication of orders, etc., of Authority and Executive Committee.
8. Deleted.
9. Constitution of Committees.
10. Members not disqualified from contesting elections or continuing as members of State
Legislature or local authorities.
10A. Provision for inviting Government and local authority officers to assist or advise.
CHAPTER III
OFFICERS AND SERVANTS
11. Officers and servants of the Authority.
CHAPTER IV
POWERS AND FUNCTIONS OF THE AUTHORITY
12. Functions of the Metropolitan Authority.
13. No other authority or person to undertake certain development without permission of the
Authority.
14. Powers of the Metropolitan Authority to give directions.
15. Power of Metropolitan Authority to require local authority to assume responsibilities in
certain cases.
16. Power of the Metropolitan Authority to execute any plan.
2 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
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.
17. Power of Authority to provide amenity within Brihan Mumbai.
CHAPTER V
FINANCE, BUDGET AND ACCOUNTS
18. Funds of the Metropolitan Authority.
18A. Loans Fund.
19. Reserve and other Funds.
20. Application of Funds, etc.
21. Power to Metropolitan Authority to borrow.
21A. Power to Metropolitan Authority to finance projects and schemes and impose conditions
therefor.
21B. State guarantee to loans taken or given by Authority.
22. Accounts and Audit.
23. Budget.
24. Annual Report.
24A. Operations of Authority not to be carried out at a loss.
CHAPTER VI
POWERS OF TAXATION
25. Power to levy a cess on buildings and lands.
26. Power of Metropolitan Authority to levy betterment charges.
27. Assessment of betterment charge by the Metropolitan Authority.
28. Settlement of betterment charge by arbitrators.
29. Payment of betterment charge.
30. Betterment charge a first charge on land.
CHAPTER VII
APPLICATION OF WITH OR WITHOUT MODIFICATIONS OR EXEMPTIONS
FROM CERTAIN ENACTMENTS TO THE METROPOLITAN AUTHORITY
31. Application of certain enactments to the Authority with certain modification, etc.
CHAPTER VIII
ACQUISITION OF LAND
32. Power of State Government to acquire land.
33. Power of State Government to require person in possession of land to surrender or deliver
possession thereof to State Government, etc.
34. Right to receive an amount for acquisition.
LANDS IN MUNICIPAL AREAS
35. Basis for determination of amount for acquisition of lands in municipal areas.
1975 : Mah. IV] The Mumbai Metropolitan Region Development 3
Authority Act, 1974
36. Apportionment of amount for acquisition.
37. Payment of amount for acquisition or deposit of the same in Court.
38. Powers of Competent Authority in relation to determination of the amount for acquisition,
etc.
39. Payment of interest.
40. Appointment of Competent Authorities.
41. Appointment of Tribunal.
LANDS IN RURAL AREAS
42. Basis for determination of amount for acquisition of lands in rural areas and other
procedure.
43. Alternative accommodation to occupiers of residential premises where any acquired
building is to be demolished.
CHAPTER IX
MISCELLANEOUS
44. Recovery of moneys due to the Authority as arrears of land revenue.
45. Lump sum contribution by the Authority in lieu of taxes levied by local authorities.
46. Deduction from salary or wages to meet claims of the Authority in certain cases.
46A. Control by State Government.
46B. Power of Authority to call for returns, reports, etc.
46C. Power to delegate.
47. Officers and other employees of the Metropolitan Authority to be public servants.
47-A. Co-operation by Police.
48. Indemnity.
49. Power to make rules.
50. Power to make regulations.
51. Effect of provisions inconsistent with other laws.
52. Power to remove difficulties.
Schedule I.
Schedule II.
Schedule III.
4 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
1975 : Mah. IV] The Mumbai Metropolitan Region Development 5
Authority Act, 1974
LIST OF AMENDMENT ACTS
1. Amended by Mah. 26 of 19751
2. Amended by Mah. 59 of 19752 (13-10-1975)
3. Amended by Mah. 29 of 19763 (16-6-1976)4
4. Amended by Mah. 30 of 19835 (20-5-1983)
5. Amended by Mah. 31 of 1987 (17-11-1987)
6. Amended by Mah. 39 of 1989 (2-11-1989)
7. Amended by Mah. 25 of 1996 (4-10-1996)
8. Amended by Mah. 35 of 1997.
9. Amended by Mah. 5 of 20036 (15-11-2002)
10. Amended by Mah. 18 of 2003
1 Maharashtra Ordinance No. I of 1975 was repealed by Mah. 26 of 1975, s. 9. The provisions of section 2( a) and sections
4 to 8 (both inclusive) of this Act came into force from 26 th August 1975 and the remaining provisions were deemed to
have come into force on the 10th day of May 1975, [See Mah. 26 of 1975, s. 1(2)].
2 Maharashtra Ordinance No. XVI of 1975 was repealed by Mah. 59 of 1975, s. 2.
3 Maharashtra Ordinance No. VI of 1976 was repealed by Mah. 29 of 1976, s. 22.
4 This indicates the date of commencement of the Act except section 14 of Mah. 2 9 of 1976, section 14 came into force on
the 21st July 1976.
5 Maharashtra Ordinance No. X of 1983 was repealed by Mah. 30 of 1983, . 14.
6 Maharashtra Ordinance No. XV of 2002 was repealed by Mah. 5 of 2003 s, 5.
Note.- The date mentioned in the bracket indicates the date of commencement of the Act.
6 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
1975 : Mah. IV] The Mumbai Metropolitan Region Development 7
Authority Act, 1974
MAHARASHTRA ACT No. IV OF 19751
[THE MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY ACT, 1974.]
[This Act Received assent of the President on the 18th January 1975; Assent
was first published in the Maharashtra Government Gazette, Part IV,
Extraordinary, dated the 22nd January 1975.]
An Act for forming 2[Brihan Mumbai] and certain areas round about into a 3[Mumbai
Metropolitan Region], to provide for the establishment of an Authority for the purpose of
planning, co-ordinating 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.
WHEREAS 4[Brihan Mumbai] and certain areas round about are being progressively developed
and populated, and the necessity is increasingly felt for forming these areas into a 5[Mumbai
Metropolitan Region] and for setting up an Authority for the purpose of pl anning, co-ordinating and
supervising the proper, orderly and rapid development of these areas, in which several local authorities
are at present separately dealing with such matters within their own jurisdictions; to provide also that
such Authority be 6[enabled either itself or through other authority to formulate] and execute plans,
projects and schemes for the development of this Metropolitan Region; and to provide for matters
connected with the purposes aforesaid; It is hereby enacted in the Twenty-fifth Year of the Republic of
India as follows :—
CHAPTER I
PRELIMINARY
1. Short title and commencement. — (1) This Act may be called 7[the Mumbai Metropolitan
Region Development Authority Act, 1974.]
(2) It shall come into force on such 8date as the State Government may, by notification in the
Official Gazette, appoint.
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) “ 9[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 addin g thereto or deleting therefrom any area specified in such notification;
and thereupon the modified area shall be the 10[Mumbai Metropolitan Region] :
1 For Statement of Objects and Reasons, see Maharashtra Government Gazette, Part V, p. 1022.
2 These words were substituted for the words “Greater Bombay” by Mah. 25 of 199 6, s. 2, Schedule, entry ( 2), sub-entry
1(a).
3 These words were substituted for the words “Bombay Metropolitan Region”, by Mah. 25 of 1996 , s. 2, Schedule, entry
(2), sub-entry 1(b).
4 These words were substituted for the words “Greater Mumbai”, by Mah. 25 of 1996, s. 2, Schedule, entry ( 2), sub-entry
2(a).
5 These words were substituted for the words “Bombay Metropolitan Region”, by Mah. 25 of 1996 , s. 2, Schedule, entry
(2), sub-entry 2(b).
6 These words were substituted for the words “enabled itself to formulate” by Mah. 59 of 1975, s. 2.
7 These words were substituted for the words “Bombay Metropolitan Region Development Authority Act, 1974” by Mah.
25 of 1996, s. 2, Schedule, entry (2), sub-entry 3.
8 26th day of January 1975 (See G.N., U.D., P.H. and H.D., No. BMRDA. 1074/ Met. Cell, 24th January 1975).
9 These words were substituted for the words “Bombay Metropolitan Region” by Mah. 25 of 1996, s.2 Schedule, entry ( 2),
sub-entry 4(a).
10 These words were substituted for the words “Bombay Metropolitan Region” by Mah. 25 of 1996, s.2 Schedule, entry (2),
sub-entry 4(a).
8 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
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 it s 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 l and, 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 develo pment, poultry farming, piggery, cattle breeding, fisheries and other
similar activities ; and “to develop” shall be construed accordingly ;
(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 plan prepared under the provisions of the Maharashtra Regional and
Town Planning Act, 1966 (Mah. XXXVII of 1966), for the development or redevelopment of
1[Mumbai 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;
(g) “regulation” means a regulation made under this Act;
(h) “rule” means a rule 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
ESTABLISHMENT AND CONSTITUTION OF THE AUTHORITY
3. Establishment of the 2[Mumbai Metropolitan Region Development Authority]. — (1) As
soon as may be after the commencement of this Ac t, the State Government shall by notification in the
Official Gazette , establish, for the purposes of this Act an authority to be called “The 3[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 meaning of the
term “local authority” as defined in the Bombay General Clauses Act, 1904 (Bom. I of 1904).
4[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;
1 These words were substituted for the words “Bombay Metropolitan Region” by Mah. 25 of 1996 , s. 2. Schedule, entry
(2), sub-entry 4(b).
2 These words were substituted for the wo rds “Bombay Metropolitan Region Development Authority” by Mah. 25 of
1996, s. 2, Schedule, entry (2), sub-entry 5.
3 These words were substituted for the words “Bombay Metropolitan Region Development Authority” by Mah. 25 of
1996, s. 2, Schedule, entry (2), sub-entry 5.
4 Section 4 and 4A were substituted for the original by Mah. 30 of 1983, s.2.
1975 : Mah. IV] The Mumbai Metropolitan Region Development 9
Authority Act, 1974
(ii) The Minister for Housing;
(iii) The Minister of State for Urban Development;
(iv) The 1[Mayor of Mumbai];
(v) The Chairman, Standing Committee, Municipal Corporation of 2[Brihan Mumbai];
(vi), ( vii) and ( viii) three Councillors of the Municipal Corporation of 3[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 members of the Maharashtra Legislative Assembly, representing
constituencies falling, wholly or partly, within the limits of the 4[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 Secretary to the Government of Maharashtra;
(xiii) The Municipal Commissioner of the Municipal Corporation of 5[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 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 shall be
competent to exercise, perform and discharge all the powers, duties and functions of the Authority
from that date.
(4) The State Government may, from time to time, by notification in the Official Gazette, publish
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 regulation 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 regulation shall require the previous approval
of the State Government.
(6) Where a person becomes or is elected or nominated or appoi nted 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.
1 These words were substituted for the words “Mayor of Bombay” by Mah. 25 of 1996, s. 2. Schedule, entry ( 2), sub-entry
6(a).
2 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996 , s. 2, Schedule, entry ( 2), sub-entry
6(b).
3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996 , s. 2, Schedule, entry ( 2), sub-entry
6(b).
4 These words were substituted for the words “Bombay Metropolitan Region” by Mah. 25 of 1996 , s. 2. Schedule, entry
(2), sub-entry 6(c).
5 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s.2, Schedule, entry ( 2), sub-entry
6(b).
10 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
(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
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 or body are not duly elected,
nominated or appointed or for any other reason are not available to take offic e 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.
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 dutie s 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 su ch 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 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 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.]
5. Meetings of the Metropolitan Authority. — (1) The Metrop olitan 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.
2[(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 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
1 These words were substituted for the words “Authority” by Mah. 39 of 1989, s. 2.
2 Sub-section (2) was substituted for the original by Mah. 30 of 1983, s. 3.
1975 : Mah. IV] The Mumbai Metropolitan Region Development 11
Authority Act, 1974
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 sub -section, the question shall be referred for decision
of the State Government, and its decision shall be final.
6. [Constitution and powers of Standing Committee.] Deleted by Mah. 30 of 1983, s. 4.
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 Municipal Corporation] ;
(vi) the Managing Director, City and Industrial Development Corporation of Maharashtra ;
(vii), ( viii) and ( ix) three members 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 a
suitable person to be the Secretary of the Executive Committee.
(3) The Executive Committee shall exercise the following powers and perform the following
duties, namely :—
(i) appointment of the staff;
(ii) planning and implementation of projects and schemes of the Authorit y, 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 3[ the Mumbai Metropolitan Region Development
Fund] ;
(vi) institution, conduct and withdrawal of any legal proceedings on behalf of the Authority ;
4[(vii) the powers (except the power to make regula tions) 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.1
5[(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.]
1 Section 7 was substituted for the original by Mah. 30 of 1983, s. 5.
2 These words were substituted for the words “Bombay Municipal Corporation” by Mah. 25 of 1996, s. 2, Schedule, entry
(2), sub-entry 7.
3 These words were substituted for the words “Bombay Metropolitan Region Development Fund” by Mah. 25 of 1996,
Schedule, entry (2), sub-entry 7.
4 Clause (vii) was added by Mah. 39 of 1989, s. 3(a).
5 Sub-section (5) was added, by Mah. 39 of 1989, s. 3(b).
12 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
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. ]
8. [Constitution and powers of the Functional Boards.] Deleted by Mah. 30 of 1983, s. 7.
9. Constitution of 6** Committees.— (1) The Metropolitan Authority may constitute 7* * * *
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 8* * committee such powers as the
Metropolitan Authority may specify by regulations.
(2) The 9* * * 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 the 10* * committees may be paid such allowances for meeting the personal
expenditure in attending the meetings and for attending to any other work of the 11* * * committees, as
may be provided by regulations.
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 o f 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 12[the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV of
1975)] or of any of its Committees or Boards constituted under that Act.”
13[10A. Provision for inviting Government and local authority officers to assist or advise. —
The Authority, 14[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].
1 Section 7A was inserted by Mah. 29 of 1976, s. 5.
2 These words were substituted for the words “and Standing and Executive Committees” by Mah. 30 of 1983, s.6(b).
3 The words “Standing Committee” were deleted by Mah. 30 of 1983, s. 6(a).
4 The words “Standing Committee” were deleted by Mah. 30 of 1983, s. 6(a).
5 These words were substituted for the words “the Financial Advisor” by Mah. 39 of 1989, s. 6(b).
6 The words “other boards or” were deleted, by Mah. 29 of 1976, s. 7(d).
7 The words “other Boards or” were deleted by Mah. 29 of 1976, s. 7(a).
8 The words “boards or” were deleted, by Mah. 29 of 1976, s. 7(a).
9 The words “boards and” were deleted, by Mah. 29 of 1976, s. 7(b).
10 These words “boards and” and “boards or” were deleted, by Mah. 29 of 1976, s. 7(c).
11 These words “boards and” and “boards or” were deleted, by Mah. 29 of 1976, s. 7(c).
12 These words were substituted for the words “Bombay Metropolitan Region Development Authority” by Mah. 25 of
1996, s. 2, Schedule, entry (2), sub-entry 3.
13 Section 10A was inserted by Mah. 29 of 1976, s. 8.
14 These words were substituted for the words “Standing Committee, the Executive Committee or a Functional Board” by
Mah. 30 of 1983, s. 8.
1975 : Mah. IV] The Mumbai Metropolitan Region Development 13
Authority Act, 1974
CHAPTER III
OFFICERS AND SERVANTS
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 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 r equested 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.
1,[2* * * * *]
(1B) The State Government may, on a request being made by 3[the Executive Committee,]
appoint one or more Additional, 4[Joint,] Deputy or Assistant Metropolitan Commissioners. The Stat e
Government shall by order determine, from time to time, the salary and other terms and conditions of
service of an Additional Metropolitan Commissioner, 5[a Joint Metropolitan Commissioner,] a Deputy
Metropolitan Commissioner and an Assistant Metropolitan Commissioner.]
(2) The Authority may, from time to time, 6[sanction creation of posts of other officers and
servants subordinate to the Authority 7* * as it thinks necessary.] The conditions of appointment and
service and the powers and duties of such off icers and servants shall be such as may be determined by
regulations.
CHAPTER IV
POWERS AND FUNCTIONS OF THE AUTHORITY.
12. Functions of the Metropolitan Authority.— 8[(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 th e
course of execution or may be completed in the Metropolitan Region ;
1 Sub-sections (1A) and (1B) were inserted by Mah. 29 of 1976, s. 9(a).
2 Sub-section (1A) was deleted by Mah. 39 of 1986, s. 5.
3 These words were substituted for the words “the Standing Committee” by Mah. 30 of 1983, s. 9(b).
4 This word was inserted by Mah. 5 of 2003, s. 2(a).
5 These words were inserted, by Mah. 5 of 2003, s. 2(b).
6 These words were substituted for the words beginning with “appoint” and ending with “considers necessary,” by Mah.
29 of 1976, s. 9(b).
7 The brackets and words “(including any functional Board)” were deleted by Mah. 30 of 1983, s. 9(c).
8 Sub-section (1) was substituted for the original by Mah. 29 of 1976, s. 10.
14 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
(c) formulate and sanction for the development of the Metropolitan Region or any part
thereof;
(d) execute projects and schemes1* * * * * * ;
(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 sch eme, the expenses of which, in whole or in part, are to be met from 2[the
Mumbai Metropolitan Region Development Fund];
(j) prepare schemes and advise the concerned authorities in formulating and undertaking
schemes for development of agriculture, horticu lture, 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 conduciv e 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,
1966 (Mah. XXX VII of 1966), or any other law for the time being in force, the Authority may at any
time undertake a revision of the Regional Plan for the Metropolitan Region or any part thereof
prepared under the said Act, and shall for this purpose have all the powe rs of a Regional Planning
Board constituted under section 4 of that Act, and undertake such revision in accordance with the
provisions of 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.
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 Authori ty may from time
to time specify, by notification published in the Official Gazette, and which is likely to adversely affect
3[the overall development] of the Metropolitan Region.
(2) Any authority or person desiring to undertake development referred to i n 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 applicatio n 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. 4[If
the Authority fails to communicate its decision to grant or refuse permission to the applica nt within
sixty days from the date of receipt of his application, or within sixty days from the date of receipt of
1 The words “on the directions of the State Government” were deleted by Mah. 30 of 1983, s. 10.
2 These words were substituted for the words “the Bombay Metropolitan Region Development Fund” by Mah. 25 of 1996 ,
s.2, Schedule, entry (2), sub-entry 8.
3 These words were substituted for the words “the integrated development” by Mah. 29 of 1976, s. 11.
4 This portion was substituted for the portion beginning with the words “If such permission” and ending with the words
“by the Authority” by Mah. 39 of 1989, s. 6.
1975 : Mah. IV] The Mumbai Metropolitan Region Development 15
Authority Act, 1974
compliance of requisition, if any made by the Secretary of the Executive Committee or any officer
authorised 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 30 days, appeal against such decision to the State Government, whose decision
shall be final :
1[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 2[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.
14. Power of the Metropolitan Authority to give directions. — (1) Notwithstanding anything
contained in any other law for the time being in f orce, the Metropolitan Authority may give such
directions 3[4[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 5[any such authority
or person] shall be bound to comply with such directions.
(2) Where any direction is given to any authority 6[or person] under sub -section ( 1), such
authority 7[or person] may, within fifteen days from the date of receipt of such direction, appeal to th e
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 8[clause
(i)] of sub -section (1) of section 12 as may be necessary to ensure that each development project or
scheme is executed in the interest of the overall development of the Bombay Metropolitan Region, and
in accordance with any plan, project or scheme duly approved under any law for the time being in force
or by the State Government.
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 maint enance 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 te rms 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.
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
1 This proviso was added by Mah. 26 of 1975, s. 5.
2 These words, brackets and figures were inserted by Mah. 30 of 1983, s. 11.
3 This portion was substituted for the portion beginning with the words “ with regard to” and ending with the words and
figures "under section 12" by Mah. 59 of 1975, s. 5.
4 These words were substituted for the words “to any authority” by Mah. 29 of 1976, s. 12 (a)(i).
5 These words were substituted for the words “such other authority”, by Mah. 29 of 1976, s. 12(a)(ii).
6 These words were inserted, by Mah. 29 of 1976, s. 12(b).
7 These words were inserted, by Mah. 29 of 1976, s. 12(b).
8 This words and brackets were substituted for the word and brackets “clause (c)”, by Mah. 29 of 1976, s. 12(c).
16 The Mumbai Metropolitan Region Development [1975 : Mah. IV
Authority Act, 1974
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 incur such
expenditure as may be necessary for the execution of such work. 2[Such direction may be issued to the
Authority only where in the opinion of the St ate 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 Gover nment 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 purpose of sub -sections (1) and ( 2), undertake the
survey of any area within the Metropolitan Region and for that purpose it shall be lawf ul 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 othe rwise the survey cannot be completed and levels taken and boundaries
marked, to cut down and clear away any fence or jungle :
Provided that, before enExcerpt shown. Open the full act in Lexace.