Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com Maharashtra Municipal Corporations, Municipal Councils And Maharashtra Regional And Town Planning (Amendment) Act, 2010 2 of 2012 [13 March 2012] CONTENTS CHAPTER 1 :- PRELIMINARY 1. Short Title And Commencement CHAPTER 2 :- AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT 2. Amendment Of Section 3 Of Bom. Iii Of 1888 3. Amendment Of Section 351 Of Bom. Iii Of 1888 4. Amendment Of Section 352 Of Bom. Iii Of 1888 5. Amendment Of Section 352A Of Bom. Iii Of 1888 6. Amendment Of Section 354A Of Bom. Iii Of 1888 7. Insertion Of Sections 475B And 475C In Bom. Iii Of 1888 8. Insertion Of Section 515A In Bom. Iii Of 1888 9. Insertion Of Section 516B In Bom. Iii Of 1888 CHAPTER 3 :- AMENDMENTS TO THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ACT, 1949 10. Amendment Of Section 2 Of Bom. Lix Of 1949 11. Amendment Of Section 260 Of Bom. Lix Of 1949 12. Amendment Of Section 261 Of Bom. Lix Of 1949 13. Amendment Of Section 264 Of Bom. Lix Of 1949 14. Amendment Of Section 267 Of Bom. Lix Of 1949 15. Insertion Of Sections 397A And 397B In Bom. Lix Of 1949 16. Amendment Of Section 427 In Bom. Lix Of 1949 17. Insertion Of Section 433A In Bom. Lix Of 1949 18. Amendment Of Section 478 Of Bom. Lix Of 1949 CHAPTER 4 :- AMENDMENTS TO THE CITY OF NAGPUR CORPORATION ACT, 1948 19. Amendment Of Section 5 Of C.P. And Berar Ii Of 1950 20. Amendment Of Section 281 Of C.P. And Berar Ii Of 1950 21. Insertion Of Section 281A In C.P. And Berar Ii Of 1950 22. Amendment Of Section 283 Of C.P. And Berar Ii Of 1948 23. Amendment Of Section 286 Of C.P. And Berar Ii Of 1950 24. Amendment Of Section 287 Of C.P. And Berar Ii Of 1950 25. Insertion Of Section 426A In C.P. And Berar Ii Of 1950 CHAPTER 5 :- AMENDMENTS TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965 26. Amendment Of Section 189 Of Mah. Xl Of 1965 27. Insertion Of Section 300A In Mah. Xl Of 1965 28. Insertion Of Section 301A In Mah. Xl Of 1965 CHAPTER 6 :- AMENDMENTS TO THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 29. Amendment Of Section 2 Of Mah. Xxxvii Of 1966 30. Amendment Of Section 53 Of Mah. Xxxvii Of 1966 31. Insertion Of Section 56A In Mah. Xxxvii Of 1966 Maharashtra Municipal Corporations, Municipal Councils And Maharashtra Regional And Town Planning (Amendment) Act, 2010 2 of 2012 [13 March 2012] PREAMBLE An Act further to amend the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the Maharashtra Regional and Town Planning Act, 1966. WHEREAS it is expedient further to amend the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949), the City of Nagpur Corporation Act, 1948 (Bom. III of 1888), the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965. Mah) and the Maharashtra Regional and Town Planning Act, 1966 (XXXVII of 1966), for the purposes hereinafter appearing; it is hereby enacted in the Sixty-first Year of the Republic of India as follows :-- CHAPTER 1 PRELIMINARY 1. Short Title And Commencement :- (1) This Act may be called the Maharashtra Municipal Corporations, Municipal Councils and Maharashtra Regional and Town Planning (Amendment) Act, 2010. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. C H A P T E R 2 AMENDMENTS TO THE MUMBAI MUNICIPAL CORPORATION ACT 2. Amendment Of Section 3 Of Bom. Iii Of 1888 :- In section 3 of the Mumbai Municipal Corporation Act, (hereinafter, in this Chapter, referred to as " the Mumbai Municipal Corporation Act"), after clause (ea), the following clause shall be inserted, namely :-- " (eb) " Designated Officer" means an officer designated under sub- section (1) of section 351; ". 3. Amendment Of Section 351 Of Bom. Iii Of 1888 :- In section 351 of the Mumbai Municipal Corporation Act,-- (1) existing sub-section (1) shall be renumbered as sub-section (1A) thereof; and before sub-section (1A) as so re-numbered, the following sub-section shall be inserted, namely :-- " (1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of sections 352, 352A and 354A. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas."; (2) in sub-section (1A) as so re-numbered, for the word " Commissioner ", at both the places where it occurs, the words "Designated Officer" shall be substituted ; (3) in sub-section (2), for the word " Commissioner " wherever it occurs, the words " Designated Officer " shall be substituted. 4. Amendment Of Section 352 Of Bom. Iii Of 1888 :- In section 352 of the Mumbai Municipal Corporation Act,-- (1) in sub-section (1), for the word " Commissioner " the words " Designated Officer " shall be substituted; (2) in sub-section (2), for the word " Commissioner " the words " Designated Officer " shall be substituted. 5. Amendment Of Section 352A Of Bom. Iii Of 1888 :- In section 352A of the Mumbai Municipal Corporation Act,-- (1) in sub-section (1), for the word " Commissioner" the words " Designated Officer " shall be substituted; (2) in sub-section (2), for the word " Commissioner" the words " Designated Officer " shall be substituted; (3) in sub-section (3), for the word " Commissioner", at both the places where it occurs, the words "Designated Officer" shall be substituted; (4) sub-section (4) shall be deleted; (5) in the marginal note, for the word " Commissioner" the words "Designated Officer" shall be substituted. 6. Amendment Of Section 354A Of Bom. Iii Of 1888 :- In section 354A of the Mumbai Municipal Corporation Act,-- (1) in sub-section (1), for the word " Commissioner ", at both the places where it occurs, the words " Designated Officer " shall be substituted; (2) in sub-section (2), for the word " Commissioner" wherever it occurs, the words "Designated Officer" shall be substituted; (3) in sub-section (3), for the word " Commissioner" the words "Designated Officer" shall be substituted; (4) in sub-section (4), for the word " Commissioner" the words "Designated Officer" shall be substituted; (5) in the marginal note, for the word " Commissioner" the words "Designated Officer" shall be substituted. 7. Insertion Of Sections 475B And 475C In Bom. Iii Of 1888 :- After section 475A of the Mumbai Municipal Corporation Act, the following sections shall be inserted, namely:-- " 475B. Punishment for failure to take action under section 351 or 354A.-- Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any such work as is described in section 342, is commenced contrary to the provisions of section 342 or 347 or is otherwise unlawfully commenced or is being unlawfully carried on and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 351 or 354A, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both. 475C. Compounding of certain offences.-- (1) The Commissioner may, by general or special order, either before or after institution of the proceedings, compound any offence made punishable under section 475A. (2) When an offence has been compounded under sub-section (1), no further proceedings shall be taken against the accused person in respect of the offence compounded and any proceedings if already taken, shall stand abated, and the accused person, if in custody, shall be discharged.". 8. Insertion Of Section 515A In Bom. Iii Of 1888 :- After section 515 of the Mumbai Municipal Corporation Act, the following section shall be inserted, namely:-- "515A. Bar of jurisdiction.-- Save as otherwise provided in this Act, any notice issued, order passed or direction issued by the Designated Officer, under section 351 or 354A shall not be questioned in any suit or other legal proceedings.". 9. Insertion Of Section 516B In Bom. Iii Of 1888 :- After section 516A of the Mumbai Municipal Corporation Act, the following section shall be inserted, namely :-- "516B. Offences under sections 475A and 475B to be cognizable and bailable.-- The offences under sections 475A and 475B shall be cognizable and bailable.". C H A P T E R 3 AMENDMENTS TO THE BOMBAY PROVINCIAL MUNICIPAL CORPORATIONS ACT, 1949 10. Amendment Of Section 2 Of Bom. Lix Of 1949 :- I n section 2 of the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter, in this Chapter, referred to as "the Provincial Corporations Act"), after clause (16A), the following clause shall be inserted, namely:-- " (16B) " Designated Officer " means an officer designated under sub-section (1) of section 260; ". 11. Amendment Of Section 260 Of Bom. Lix Of 1949 :- In section 260 of the Provincial Corporations Act,-- (1) existing sub-section (1) shall be re-numbered as sub-section (1A) thereof; and before sub-section (1A) as so re-numbered, the following sub-section shall be inserted, namely :-- "(1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of sections 261, 264, 267 and 478. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas."; (2) in sub-section (1A), as so re-numbered, for the words " the Commissioner", at both the places where they occur, the words " the Designated Officer " shall be substituted; (3) in sub-section (2), for the words " the Commissioner ", at both the places where they occur, the words " the Designated Officer " shall be substituted. 12. Amendment Of Section 261 Of Bom. Lix Of 1949 :- In section 261 of the Provincial Corporations Act,-- (1) in sub-section (1), for the words "the Commissioner" the words "the Designated Officer" shall be substituted; (2) in sub-section (2), for the words "the Commissioner" the words "the Designated Officer" shall be substituted. 13. Amendment Of Section 264 Of Bom. Lix Of 1949 :- In section 264 of the Provincial Corporations Act,-- (1) in sub-section (1), for the words "the Commissioner", at both the places where they occur, the words "the Designated Officer" shall be substituted; (2) in sub-section (2), for the word "Commissioner", at both the places where it occurs, the words "Designated Officer" shall be substituted ; (3) in sub-section (3), for the words "the Commissioner" the words "the Designated Officer" shall be substituted ; (4) in sub-section (4), for the words "the Commissioner" the words "the Designated Officer" shall be substituted ; (5) in sub-section (5), for the words "the Commissioner", wherever they occur, the words "the Designated Officer" shall be substituted. 14. Amendment Of Section 267 Of Bom. Lix Of 1949 :- In section 267 of the Provincial Corporations Act,-- (1) in sub-section (1), for the words "the Commissioner" the words "the Designated Officer" shall be substituted ; (2) in sub-section (2), for the word "Commissioner" the words "Designated Officer" shall be substituted ; (3) in the marginal note, for the word "Commissioner" the words "Designated Officer" shall be substituted. 15. Insertion Of Sections 397A And 397B In Bom. Lix Of 1949 :- After section 397 of the Provincial Corporations Act, the following sections shall be inserted, namely :-- "397A. Penalty for failure to comply with notice under section 260, 261, 264, 267 or 478.-- (1) Any person to whom the notice under section 260, 261, 264, 267 or 478 has been served, shall on his failure to comply with such notice,-- (a) for restoration of the foundation, plinth, floor or structural members or load bearing wall, thereby endangering the life and property of any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood thereof, be punished with imprisonment for a term which shall not be less than three months but which may extend upto three years and with a fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention; or (b) for removing, pulling down the unauthorised work, be punished with imprisonment for a term which shall not be less than one month but which may extend to one year and with a fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for each day during which such contravention continues after conviction for the first such contravention. (2) Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any such work as is described in section 254 is commenced or carried out contrary to the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 260, 264, 267 or 478, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both. 397B. Compounding of certain offences.-- (1) The Commissioner may, by general or special order, either before or after institution of the proceedings, compound any offence made punishable under sub-section (1) of section 397A. (2) When an offence has been compounded under sub-section (1), no further proceedings shall be taken against the accused person in respect of the offence compounded and any proceedings if already taken, shall stand abated, and the accused person, if in custody, shall be discharged. ". 16. Amendment Of Section 427 In Bom. Lix Of 1949 :- In section 427 of the Provincial Corporations Act, the existing sub- section (1) shall be re-numbered as clause (a) thereof; and after clause (a) as so re-numbered, the following clause shall be inserted, namely :-- "(b) Offences under section 397A shall be cognizable and bailable.". 17. Insertion Of Section 433A In Bom. Lix Of 1949 :- After section 433 of the Provincial Corporations Act, after the heading "X. Miscellaneous", the following section shall be inserted, namely:-- "433A. Bar of jurisdiction.-- Save as otherwise provided in this Act, any notice issued, order passed or direction issued by the Designated Officer, under section 260, 261, 264, 267 or 478 shall not be questioned in any suit or other legal proceedings.". 18. Amendment Of Section 478 Of Bom. Lix Of 1949 :- I n section 478 of the Provincial Corporations Act, in sub-sections (2) and (2), for the word "Commissioner", wherever it occurs, the words "Designated Officer" shall be substituted. C H A P T E R 4 AMENDMENTS TO THE CITY OF NAGPUR CORPORATION ACT, 1948 19. Amendment Of Section 5 Of C.P. And Berar Ii Of 1950 :- In section 5 of the City of Nagpur Corporation Act, 1948 (C.P. and Berar II of 1950) (hereinafter, in this Chapter, referred to as "the Nagpur Corporation Act"), after clause (14), the following clause shall be inserted, namely:-- "(14A) " Designated Officer " means an officer designated under sub-section (1) of section 281;". 20. Amendment Of Section 281 Of C.P. And Berar Ii Of 1950 :- In section 281 of the Nagpur Corporation Act,-- (1) the existing sub-section (1) shall be re-numbered as sub- section (1A) thereof; and before sub-section (1A) as so re- numbered, the following sub-section shall be inserted, namely :-- "(1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of section 282, sub-section (2) of section 283 and sub-sections (1), (2) and (3) of section 286. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas."; (2) in sub-section (1A), as so re-numbered, for the words " the Commissioner" the words " the Designated Officer" shall be substituted; (3) for sub-section (2), the following sub-sections shall be substituted, namely ;-- "(2) Any person to whom the notice under sub-section (1) of this section or sub-section (1) of section 286 has been served, shall on his failure to comply with such notice,-- (a) for restoration of the foundation, plinth, floor or structural members or load bearing wall, thereby endangering the life and property of any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood thereof, be punished with imprisonment for a term which shall not b e less than three months but which may extend to three years and with a fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention; (b) for removing, pulling down the unauthorised work, be punished with imprisonment for a term which shall not be less than one month but which may extend to one year and with a fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for each day during which such contravention continues after conviction for the first such contravention. (3) Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any work is carried out in contravention of section 273 or is commenced or carried out contrary to the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 281 or 286, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.". 21. Insertion Of Section 281A In C.P. And Berar Ii Of 1950 :- After section 281 of the Nagpur Corporation Act, the following section shall be inserted, namely:-- " 281A. Compounding of certain offences.-- (1) The Commissioner may, by general or special order, either before or after institution of the proceedings, compound any offence made punishable under sub-section (2) of section 281. (2) When an offence has been compounded under sub-section (1), no further proceedings shall be taken against the accused person in respect of the offence compounded and any proceedings if already taken, shall stand abated, and the accused person, if in custody, shall be discharged.". 22. Amendment Of Section 283 Of C.P. And Berar Ii Of 1948 :- I n section 283 of the Nagpur Corporation Act, in sub-section (2), f o r the words "demolished by the Commissioner" the words "demolished by the Designated Officer" shall be substituted. 23. Amendment Of Section 286 Of C.P. And Berar Ii Of 1950 :- In section 286 of the Nagpur Corporation Act,-- (1) in sub-section (1), for the words " the Commissioner" the words " the Designated Officer" shall be substituted; (2) in sub-section (2), for the words " the Commissioner ", at both the places where they occur, the words " the Designated Officer " shall be substituted; (3) in sub-section (3), for the words " the Commissioner ", at both the places where they occur, the words " the Designated Officer " shall be substituted; (4) in sub-section (4), for the words " the Commissioner ", where they occur for the third time, the words " the Designated Officer " shall be substituted. 24. Amendment Of Section 287 Of C.P. And Berar Ii Of 1950 :- In section 287 of the Nagpur Corporation Act, for the words " or the Commissioner " the words ", the Commissioner or the Designated Officer" shall be substituted. 25. Insertion Of Section 426A In C.P. And Berar Ii Of 1950 :- After section 426 of the Nagpur Corporation Act, the following section shall be inserted, namely :-- " 426A. Offences under section 281 to be cognizable and bailable.-- The offences under section 281 shall be cognizable and bailable.". CHAPTER 5 AMENDMENTS TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND INDUSTRIAL TOWNSHIPS ACT, 1965 26. Amendment Of Section 189 Of Mah. Xl Of 1965 :- I n section 189 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (Mah. XL of 1965) (hereinafter, in this Chapter, referred to as "the Municipal Councils Act"),-- ( 1 ) for sub-section (9), the following sub-section shall be substituted, namely :-- "(9) Any person to whom the notice under sub-section (8) of this section or sub-section (2) of section 195 has been served, on his failure to comply with such notice,-- (a) for restoration of the foundation, plinth, floor or structural members or load bearing wall, thereby endangering the life and property of any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood thereof, shall be punished with imprisonment for a term which shall not be less than three months but which may extend to three years; and with a fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention; (b) for removing, pulling down the unauthorised work, shall be punished with imprisonment for a term which shall not be less than one month but which may extend to one year and with a fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for each day during which such contravention continues after conviction for the first such contravention."; (2) after sub-section (12), the following sub-section shall be added, namely :-- "(13) Where it has been brought to the notice of the Chief Officer or any other officer of the Council, nominated by the Council in the prescribed manner, that erection of any building or execution of any work is carried out or commenced contrary to the provisions of the Act, rules or bye-laws and if such officer has failed, without sufficient reasons, to take action as provided under this section, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.". 27. Insertion Of Section 300A In Mah. Xl Of 1965 :- After section 300 of the Municipal Councils Act, the following section shall be inserted, namely :-- "300A. Offences under section 189 to be cognizable and bailable.-- The offences under sub-sections (9) and (13) of section 189 shall be cognizable and bailable.". 28. Insertion Of Section 301A In Mah. Xl Of 1965 :- After section 301 of the Municipal Councils Act, the following section shall be inserted, namely :-- " 301A. Bar of jurisdiction.-- Save as otherwise provided in this Act, any notice issued, order passed or direction issued under sub-section (8) of section 189 by the Chief Officer or, as the case may be, the officer nominated under sub-section (13) of section 189, shall not be questioned in any suit or other legal proceedings.". CHAPTER 6 AMENDMENTS TO THE MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 29. Amendment Of Section 2 Of Mah. Xxxvii Of 1966 :- I n section 2 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) (hereinafter, in this Chapter, referred to as "the Town Planning Act"), after clause (6), the following clause shall be inserted, namely :-- "(6A) " Designated Officer " means the officer designated under sub-section (8) of section 53;". 30. Amendment Of Section 53 Of Mah. Xxxvii Of 1966 :- In section 53 of the Town Planning Act, after sub-section (7), the following sub-section shall be added, namely :-- "(8) The Planning Authority shall, by notification in the Official Gazette, designate an officer of the Planning Authority to be the Designated Officer for the purposes of exercise of the powers of the Planning Authority under this section and sections 54, 55 and 56. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.". 31. Insertion Of Section 56A In Mah. Xxxvii Of 1966 :- After section 56 of the Town Planning Act, the following section shall be inserted, namely :-- " 56A. Punishment for failure to take action against unauthorised construction.-- Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any work is carried out in contravention of the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action, as provided under section 53, 54, 55 or 56, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.".