Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Bombay Provincial Municipal Corporations, The City Of Nagpur Corporation And The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships (Amendment) Act, 2007 2 of 2008 CONTENTS 1. Short Title 2. Insertion Of Section 267A In Bom. Lix Of 1949 3. Insertion Of Section 282A In C. P. And Berar Ii Of 1950 4. Insertion Of Section 189A In Mah. Xl Of 1965 Bombay Provincial Municipal Corporations, The City Of Nagpur Corporation And The Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships (Amendment) Act, 2007 2 of 2008 (First published, after having received the assent of the Governor in the "Maharashtra Government Gazette", on the 4th January, 2008.) An Act further to amend the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. WHEREAS it is expedient further to amend the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, for the purposes hereinafter appearing; it is hereby enacted in the Fifty-eighth Year of the Republic of India as follows:- 1. Short Title :- This Act may be called the Bombay Provincial Municipal Corporations, the City of Nagpur Corporation and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2007. 2. Insertion Of Section 267A In Bom. Lix Of 1949 :- After section 267 of the Bombay Provincial Municipal Corporations Act, 1949, the following section shall be inserted, namely :- "267A. Levy of penalty on unlawful building. - (1) Whoever unlawfully constructs or reconstructs any building or part of a building, - (a) on his land without obtaining permission under this Act or any other law for the time being in force or in contravention of any condition attached to such permission; (b) on a site belonging to him which is formed without approval under the relevant law relating to Regional and Town Planning ; (c) on his land in breach of any provision of this Act or any rule or bye-law made thereunder or any direction or requisition lawfully given or made under this Act or such rule or bye-law ; or (d) on any land, belonging to, or leased by, the Corporation, or the Central or State Government, or any statutory corporation or organization or company set up by any such Government, in breach of any provision of this Act or of any other law for the time being in force and the rules or bye-laws made thereunder, shall be liable to pay every year a penalty, which shall be equal to twice the property tax leviable on such building, so long as it, remains as unlawful construction, without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction : Provided that, such levy and collection of tax and penalty shall not be construed as regularization of such unlawful construction or reconstruction for any period whatsoever of its such unlawful existence. (2) Penalty payable under sub-section (1) shall be determined and collected under the provisions of this Act, as if the amount thereof were a property tax due by such person.". 3. Insertion Of Section 282A In C. P. And Berar Ii Of 1950 :- After section 282 of the City of Nagpur Corporation Act, 1948, the following section shall be inserted, namely :- 10 JOURNAL [2008(2) Mh.L.J. "282A. Levy of penalty on unlawful building. - (1) Whoever unlawfully constructs or reconstructs any building or part of a building,- (a) on his land without obtaining permission under this Act or any other law for the time being in force or in contravention of any condition attached to such permission; (b) on a site belonging to him which is formed without approval under the relevant law relating to Regional and Town Planning; (c) on his land in breach of any provision of this Act or any rule or byelaw made thereunder or any direction or requisition lawfully given, or made under this Act or such rule or bye-law ; or (d) on any land, belonging to, or leased by, the Corporation, or the Central or State Government, or any statutory corporation or organization or company set up by any such Government, in breach of any provision of this Act or of any other law for the time being in force and the rules or bye-laws made thereunder, shall be liable to pay every year a penalty, which shall be equal to twice the property tax leviable on such building, so long as it remains as unlawful construction, without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction: Provided that, such levy and collection of tax and penalty shall not b e construed as regularization of such unlawful construction or reconstruction for any period whatsoever of its such unlawful existence. (2) Penalty payable under sub-section (1) shall be determined and collected under the provisions of this Act, as if the amount thereof were a property tax due by such person.". 4. Insertion Of Section 189A In Mah. Xl Of 1965 :- After section 189 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the following section shall be inserted, namely :- . "189A. Levy of penalty on unlawful building. - (1) Whoever unlawfully constructs or reconstructs any building or part of a building, - (a) on his land without obtaining permission under this Act or any other law for the time being in force or in contravention of any condition attached to such permission ; (b) on a site belonging to him which is formed without approval under the relevant law relating to Regional and Town Planning ; (c) on his land in breach of any provision of this Act or any rule or byelaw made thereunder or any direction or requisition lawfully given or made under this Act or such rule or bye-law ; or (d) on any land, belonging to, or leased by, the Council, or the Central or State Government, or any statutory corporation or organization or company set up by any such Government, in breach of any provision of this Act or of any other law for the time being in force and the rules or bye-laws made thereunder, shall be liable to pay every year a penalty, which shall be equal to twice the property tax leviable on such building, so long as it remains as unlawful construction, without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction : Provided that, such levy and collection of tax and penalty shall not be construed as regularization of such unlawful construction or reconstruction for any period whatsoever of its such unlawful existence. (2) Penalty payable under sub-section (1) shall be determined and collected under the provisions of this Act, as if the amount thereof were a property tax due by such person.".