Maharashtra Metropolitan Region Development Authority Act, 2016
No: 3 Dated: Jan, 10 2017
Maharashtra Metropolitan Region Development Authority Act, 2016
ACT NO. III OF 2017
An Act to provide for the establishment of the Authorities for certain areas declared as Metropolitan Areas under clause (c) of section 2 of the Maharashtra Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Act, 1999, for the purposes of coordinating and supervising the proper, orderly and rapid development of the areas in such Region and executing plans, projects and schemes for such development, and to provide for matters connected therewith or incidental thereto.
WHEREAS the Governor of Maharashtra had promulgated the Maharashtra Metropolitan Region Development Authority Ordinance, 2016, on the 13th June 2016;
AND WHEREAS upon the re-assembly of the State Legislature on the 18th July 2016, the Maharashtra Metropolitan Region Development Authority Bill, 2016 (L.A. Bill No. XXXII of 2016), for converting the said Ordinance into an Act of the State Legislature, was passed by the Maharashtra Legislative Assembly on the 27th July 2016, and was transmitted to the Maharashtra Legislative Council;
AND WHEREAS thereafter, as the session of the Maharashtra Legislative Council was prorogued on the 5th August 2016, the said Bill could not be passed by the Maharashtra Legislative Council;
AND WHEREAS as provided by article 213 (2) (a) of the Constitution of India, the said Ordinance shall cease to operate at the expiration of six weeks from the date of re-assembly of the State Legislature, that is, after the 28th August 2016;
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 action to continue the operation of the provisions of the said Ordinance, for the purposes hereinafter appearing; and, therefore, promulgated the Maharashtra Metropolitan Region Development Authority (Continuance) Ordinance, 2016 (hereinafter referred to as “the said Continuance Ordinance”) on the 30th August 2016;
AND WHEREAS it is expedient to replace the said Continuance Ordinance by an Act of the State Legislature;
It is hereby enacted in the Sixty-seventh Year of the Republic of India as follows :––
CHAPTER I PRELIMINARY
1. Short title, extent, and commencement:- (1) This Act may be called the Maharashtra Metropolitan Region Development Authority Act, 2016.
(2) It shall extend to the whole of the State of Maharashtra except the Mumbai Metropolitan Region, as defined in clause (b) of section 2 of the Mumbai Metropolitan Region Development Authority Act, 1974 and 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 13th June 2016.
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 may, in consultation with Authority, from time to time, by notification in the Official Gazette, specify to be the amenity for the purposes of this Act;
(b) “Authority” or “Metropolitan Authority” means the Authority established under section 3 ;
(c) “development”, with its 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 land, 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 development, poultry farming, piggery, cattle breeding, fisheries and other similar activities and “to develop” shall be construed accordingly;
(d) “Development Plan” means the plan prepared under the provisions of the Maharashtra Regional and Town Planning Act, for the development of the Metropolitan Region as defined in this Act, or for any part thereof and includes a draft or final Development 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;
(e) “Executive Committee” means the Executive Committee constituted under section 7;
(f) “land” includes benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth;
(g) “the Maharashtra Regional and Town Planning Act” means the Maharashtra Regional and Town Planning Act, 1966;
(h) “Metropolitan Commissioner” means the Metropolitan Commissioner appointed under sub-section (1) of section 12;
(i) “the Metropolitan Planning Committees Act” means the Maharashtra Metropolitan Planning Committees (Constitutions and Functions) (Continuance of Provisions) Act, 1999;
(j) “the Metropolitan Region” means the Metropolitan Area as defined under clause (c) of section 2 of the Metropolitan Planning Committees Act;
(k) “prescribed” means prescribed by rules made under this Act ;
(l) “Regional Plan” means plan prepared under the provisions of the Maharashtra Regional and Town Planning Act, for the development or redevelopment of the 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: Provided that, the Regional Plan shall also mean the Development Plan prepared by the Metropolitan Planning Committee under the provisions of the Metropolitan Planning Committees Act;
(m) “regulations” means the regulations made under this Act;
(n) “rules” means the rules made under this Act.
(2) Words and expressions used in this Act and not defined hereinabove shall have the same meanings as respectively assigned to them in the Maharashtra Regional and Town Planning Act.