Thursday, 2 September 2021

Important provisions of Maharashtra Municipal Corporation Act(Part 2)

 Works unlawfully carried on

267. Powers of 485[Designated Officer] to direct removal of person directing unlawful work.—(1) If 486[the Designated Officer] is satisfied that the erection of any building or the execution of any such work as is described in Section 254 has been unlawfully commenced or is being unlawfully carried on upon any premises he may, by written notice, require the person directing or carrying on such erection or execution to stop the same forthwith.

{Enforcement date of this sub-section is yet to be notified}

(2) If such erection or execution is not stopped forthwith, the 487[Designated Officer] may direct that any person directing or carry on such erection or execution shall be removed from such premises by any police officer and may cause such steps to be taken as he may consider necessary to prevent the re-entry of such person on the premises without his permission.

(3) The cost of any measure taken under sub-section (2) shall be paid by the said person.

488[267-A. Levy of penalty on unlawful building.—(1) Whoever unlawfully constructs or reconstructs any building or part of a building,—

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.]

Power to vacate premises

268. Power of Commissioner to vacate any building in certain circumstances.—(1) Notwithstanding the provisions of any other law to the contrary the Commissioner may, by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice,—

(a) if such building or portion thereof has been unlawfully occupied in contravention of Section 263;

(b) if a notice has been issued in respect of such building or part thereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing and the works specified in such notice have not been commenced or completed;

(c) if the building or part thereof is in a ruinous or dangerous condition within the meaning of Section 264.

(2) In every such notice the Commission shall clearly specify the reasons for requiring such building or portion thereof to be vacated.

(3) The affixing of such written notice on any part of such premises shall be deemed a sufficient intimation to the occupiers of such building or portion thereof.

(4) On the issue of a notice under sub-section (1) every person in occupation of the building or portion thereof to which the notice relates shall vacate such building or portion as directed in the notice and no person shall so long as the notice is not withdrawn enter the building or portion thereof except for the purpose of carrying out any work which he may lawfully carry out.

(5) The Commissioner may direct that any person who acts in contravention of sub-section (4) shall be removed from such building or part thereof by any police officer.

(6) The Commissioner shall, on the application of any person who has vacated any premises in pursuance of a notice under sub-section (1), reinstate such person in the premises on the withdrawal of such notice, unless it is in his opinion impracticable to restore substantially the same terms of occupation by reason of any structural alteration or demolition.

(7) The Commissioner may direct the removal from the said premises by any police officer of any person who obstructs him in any action taken under sub-section (6) and may also use such force as is reasonably necessary to effect entry in the said premises.

282. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement.—505The Land Acquisition Act, 1894 (I of 1894), hereinafter referred to as “the Land Acquisition Act” shall, to the extent set forth in Appendix I regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement, and shall for that purpose be deemed to form part of this Chapter in the same manner as if enacted in the body hereof, subject to the provisions of this Chapter 

283. Special provisions as to compensation.—In determining the amount of compensation to be awarded for any land or building acquired for the purposes of this Act, the following further provisions shall apply :—

284. Collector to take possession after making an award and transfer land to Corporation.—When the Collector has made an award under Section 11 of the Land Acquisition Act, as applied by this Act, he may take possession of the land which shall thereupon vest absolutely in the 509[Government] free from all encumbrances, and the Collector shall, upon payment of the cost of the acquisition, make over charge of the land to the Commissioner and the land shall thereupon vest in the Corporation subject to the liability of the Commissioner to pay on behalf of the Corporation any further costs which may be incurred on account of the acquisition of the land.

300. Power to order demolition of insanitary buildings.—

301. Procedure where demolition order made.—(1) When a demolition order under Section 300 has become operative, the owner of the building to which it applies shall demolish the building within the time limited in that behalf by the order; and, if the building is not demolished within that time, the Commissioner shall take measures to demolish the building and sell the materials thereof.

303. Power to order demolition of obstructive buildings.


306. Appeal against demolition orders.—Any person aggrieved by a demolition order made under Section 300 or Section 303 may, within twenty-one days after the date of the service of a copy of the order, appeal to the Judge, and no proceedings shall be taken by the Commissioner to enforce any order in relation to which an appeal is brought before the appeal is finally determined:

Provided that no appeal shall lie at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.

370. Correction of errors in registers of births or deaths.—(1) Any clerical error which may at any time be discovered in a register of births or in a register of deaths may be corrected by any person authorised in that behalf by the Commissioner.

(2) An error of fact or substance in any such register may be corrected by any person authorised as aforesaid by entry in the margin, without any alteration of the original entry, upon production to the Commissioner, by the person requiring such error to be corrected, of a declaration on oath setting forth the nature of the error and the true facts of the case, made before a Magistrate by two persons required by this Act to give information concerning the birth or death with reference to which the error has been made or, in default of such persons, by two credible persons having knowledge of the case, and certified by such Magistrate to have been made in his presence.

(3) Except as aforesaid no alteration shall be made in any such register.

371. Registration of name of child or of alteration of name.—(1) When the birth of any child has been registered and the name, if any, by which it was registered, is altered or, if it was registered without a name, when a name is given to it, the parent or guardian of such child or other person procuring such name to be altered or given may, within twelve months next after the registration of the birth, deliver to the Registrar General or, if the City is divided into divisions under Section 363, to the Registrar of the division in which the birth was registered, such certificate as hereinafter mentioned, and the Registrar General or Registrar upon the receipt of that certificate shall, without any erasure of the original entry, forthwith enter in the register-book the name mentioned in the certificate as having been given to the child.

389. Doing minimum damage in certain cases. - (1) In the exercise of the powers under the following provisions of this Act by the Commissioner or any other municipal officer or servant or any other person authorised by or under this Act to execute any work, as little damage as can be shall be done and compensation assessed in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers,

390. Commissioner to determine compensation.—Subject to the provisions of this Act, the Commissioner or such other officer as may be authorised by him in this behalf shall, after holding such inquiry as he thinks fit, determine the amount of compensation to be paid under Section 389.

391. Appeal.—Any person aggrieved by the decision of the Commissioner or other officer under Section 390 may, within a period of one month, appeal to the Judge in accordance with the provisions of Chapter XXVI.

[397-A. 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,—

397-B. 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 397-A.

(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.]

I. Election Inquiries

403. Procedure in election inquiries.—(1) If an application is made under Section 16 for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all the candidates who were duly nominated for the seat or seats in the ward in question, whether or not the said candidates have been declared elected, and shall proceed against the candidate or candidates declared elected.

(2) The applicant shall, whenever so required by the Judge, deposit in the Court a sum of five hundred rupees in cash or Government securities of equivalent value at the market rate of the day as security for any costs which the applicant may be ordered to pay to other parties to the said application.

404. Disqualification for election as councillor for certain election offences.—(1) If the Judge sets aside an election of a candidate on the ground that a corrupt practice has been committed in the interest of such candidate, he shall declare such candidate to be disqualified for the purpose of any fresh election which may be held under this Act.

(2) If in any proceedings under Section 16 the Judge finds that a corrupt practice has been committed within the meaning of that section by any person he may, if he thinks fit, declare such person to be disqualified for being elected and for being a councillor for such term of years not exceeding seven as he may fix:

Provided that no such declaration shall be made unless such person has been given a reasonable opportunity to be heard:

Provided further that the 552[State] Government may by order in writing at any time relieve such person from such disqualification but, subject only to such order, the declaration by the Judge shall be conclusive.

II. References to the Judge.

405. References to the Judge.—In the following cases a reference shall be made to the Judge :—

(1) whether a councillor has ceased to hold office under Section 12;

553[(1A) regarding removal and disqualification of a Councillor under Section 13;]

(2) whether a person has ceased to be a member of the Transport Committee under Section 26;

(3) whether the Commissioner may be directed to remove a shaft or pipe on the application of the owner of a building or hut under Section 175;

(4) regarding the amount of the price for the land required for setting forward a building under Section 216;

(5) regarding the amount or payment of expenses for any work executed or any measure taken or things done under the orders of the Commissioner or any municipal officer under Section 439;

(6) regarding the amount or payment of expenses or compensation and the apportionment thereof falling under any of the provisions of this Act or any rule or by-law thereunder not otherwise specifically provided for.

III. Appeals against Valuations and Taxes.

406. Appeals when and to whom to lie.—(1) Subject to the provisions hereinafter contained, appeals against any reteable value 554[or the capital value, as the case may be,] or tax fixed or charged under this Act shall be heard and determined by the Judge.

(2) No such appeal 555[shall be entertained] unless,—

(a) it is brought within fifteen days after the accrual of the cause of complaint;

(b) in the case of an appeal against a reteable value 556[or the capital value, as the case may be,] a complaint has previously been made to the Commissioner as provided under this Act and such complaint has been disposed of;

(c) in the case of an appeal against any tax 557[including interest and penalty imposed] in respect of which provision exists under this Act for a complaint to be made to the Commissioner against the demand, such complaint has previously been made and disposed of;

(d) in the case of an appeal against any amendment made in the assessment book for property taxes during the official year, a complaint has been made by the person aggrieved within 558[twenty-one days] after he first received notice of such amendment and his complaint has been disposed of;

(e) in the case of an appeal against a tax, or in the case of an appeal made against a rateable value 559[or the capital value, as the case may be] 560[the amount of the disputed tax claimed from the appellant, or the amount of the tax chargeable on the basis of the dispute reteable value up to the date of filing the appeal, has been deposited by the appellant with the Commissioner].

561[(2A) Where the appeal is not filed in accordance with the provisions of Clauses (a) to (e) of sub-section (2), it shall be liable to be summarily dismissed.]

408. Arbitration.—Where any appeal against the rateable value 568[or the capital value, as the case may be,] or tax fixed or charged under this Act is pending and all the parties interested agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Judge for an order of reference on such matter and on such application being made the provisions of 569[the Arbitration and Conciliation Act, 1996 (26 of 1996)], relating to arbitration in suits, so far as they can be made applicable, apply to such application and the proceedings to follow thereon, as if the said Judge were a Court within the meaning of that Act and the application were an application made in a suit.

410. Reference to District Court.—If, before or on the hearing of an appeal relating to the rateable value 570[or the capital value, as the case may be,] or tax, any question of law or usage having the force of law, or the construction of a document arises, the Judge may, and on the application of any party to the appeal shall, draw up a statement of the facts of the case and the question so arising, and refer the statement with his own opinion on the point for the decision of the District Court.

411. Appeals to the District Court.—An appeal shall lie to the District Court—

(a) from any decision of the Judge in an appeal under Section 406 by which a rateable value [or a capital value, as the case may be,] is fixed, and

(b) from any other decision of the said Judge in an appeal under the said section, upon question of law or usage having the force of law or the construction of a document:

Provided that no such appeal shall be heard by the District Court unless it is filed within one month from the date of the decision of the Judge.

414. Appeals to the Judge.—Appeal shall lie to the Judge against the orders of the Commissioner in the following cases, namely :—

(1) an order declining to remove a shaft or pipe-under Section 175;

(2) an order requiring a building to be set forward-under Section 215;

(3) an order requiring the owner or occupier to repair, protect or enclose a place found to be dangerous-under Section 247;

(4) an order directing the demolition of an insanitary building-under Section 300;

(5) an order directing the demolition of an obstructive building-under Section 303:

Provided that no such appeal shall lie unless it is filed within one month from the date of the order of the Commissioner.

415. Appeals against demolition orders.—(1) On an appeal being made against a demolition order made under Section 300 or 303, the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may, if he thinks fit, accept from an appellant any such undertaking as might have been accepted by the Commissioner and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Commissioner under Section 300:

416. Appeals against decision of the Judge regarding payment of expenses for works executed. - (1) An appeal shall lie to the District Court from the decision of the Judge regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds two thousand rupees:

Provided that no such appeal shall be heard by the District Court unless it is filed within one month from the date of the decision of the Judge.

(2) The decision of the Judge regarding the amount or payment of expenses for any work executed, if no appeal is filed under this section, and, if an appeal is filed, the decision of the District Court in such appeal shall be final.

(3) When an appeal is filed under sub-section (1) in respect of a decision regarding the amount or payment of expenses for any work executed, the Commissioner shall defer proceedings for the recovery of the amount determined under the said section to be due pending the decision of the District Court and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby determined to be due.

416A. Fees in appeals before District Court. - The State Government may, from time to time by notification in the Official Gazette, prescribe what fee, if any, shall be paid for an appeal to the District Court under sections 411, 415 or 416:

Provided that the District Court may, whenever it thinks fit, receive an appeal by or on behalf of a poor person, without payment or on a part payment of the prescribed fees:

Provided further that whenever an appeal made to the District Court is settled by agreement of the parties before the hearing, half the amount of the fees paid up shall be repaid by the District Court to the party by whom the same may have been paid.]

[433A. Bar of Jurisdiction. - (1) 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.]

S 433A was inserted by Mah 2 of 2021,S 17{Enforcement date yet to be notified.

434. Code of Civil Procedure to apply. - (1) Save as expressly provided by this Chapter the provisions of the Code of Civil Procedure, 1908 relating to appeals from original decrees shall apply to appeals to the Judge from the orders of the Commissioner and relating to appeals from appellate decrees shall apply to appeals to the District Court.

435. Limitation. - (1) In computing the period of limitation prescribed for an appeal or application referred to in this Chapter, the provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1908 shall, so far as may be, apply.

(2) When no time is prescribed by this Act for the presentation of an appeal, application or reference, such appeal or application shall be presented or reference shall be made within thirty days from the date of the order in respect of or against which the appeal, application or reference is presented or made.

436. Execution of orders of the Judge and District Judge. - (1) All orders of the Judge shall be executed in the same manner as if they were decrees of the Court of Small Causes passed under the Provincial Small Cause Courts Act, 1887.

(2) All orders of the District Judge shall be executed as if they were the decrees of the District Court.

437. Criminal Procedure Code to apply to all inquiries and proceedings before Magistrates. 

452. [Power of State Government to dissolve Corporation.] - 

[452A. Power of State Government to appoint Government officer or officers to exercise powers and perform functions and duties of Corporation. -

478. Work or thing done without written permission of the [Designated Officer] to be deemed unauthorised. - (1) If any work or thing requiring the written permission of the [Designated Officer] under any provision of this Act, or any rule, regulation or bye-law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the [Designated Officer] such work or thing shall be deemed to be unauthorised and, subject to any other provision of this Act, the [Designated Officer] may at any time, by written notice, require that the same shall be removed, pulled down or undone, as the case may be, by the person so carrying out or doing. If the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisition of the [Designated Officer]

(2) If within the period specified in such written notice the requisitions contained therein are not carried out by the person or owner, as the case may be, the [Designated Officer] may remove or alter such work or undo such thing and the expenses thereof shall be paid by such person or owner, as the case may be.

481. Provisions respecting institution etc. of civil and criminal actions and obtaining legal advice. - (1) The Commissioner may -

(a) take, or withdraw from proceedings against any person who is charged with, -

(i) any offence against this Act or any rule, regulation or bye-law;

(ii) any offence which affects or is likely to affect any property or interests of the Corporation or the due administration of this Act;

482. Councillors, etc., to be deemed to be public servants. - (1) The Commissioner and the Transport Manager and every councillor and every member of the Transport Committee who is not a councillor and every municipal officer or servant appointed under this Act, and every contractor or agent for the collection of any municipal tax and every servant or other person employed by any such contractor or agent shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

485. Informalities and errors in assessments, etc., not to be deemed to invalidate such assessment, etc. - (1) Any informality clerical error, omission or other defect in any assessment made or in any distress levied or attachment made or in any notice, bill, schedules, summons or other documents issued under this Act, or under any rule, regulation, bye- law or standing order may at any time as far as possible be, rectified.

(2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, attachment, notice, bill, schedule, summons or other documents invalid or illegal if the provisions of this Act and of the rules, regulations, bye-laws and standing orders have in substance and effect been complied with, but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.

486. Indemnity for acts done in good faith. - No suit, prosecution or other legal proceeding shall lie in respect of anything in good faith done or purported or intended to be done under this Act against any councillor or against any member of the Transport Committee who is not a councillor or against the Commissioner, 

487. Protection of persons acting under this Act against suits. - (1) No suit shall be instituted against the Corporation or against the Commissioner, or the Transport Manager, or against any municipal officer or servant, in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act :-

(a) until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the chief municipal office and, in the case of the Commissioner or of the Transport Manager or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any for the purpose of such suit, nor

(b) unless it is commenced within six months next after the accrual of the cause of action.

(2) At the trial of any such suit-

(a) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid;

(b) the claim, if it be for damages, shall be dismissed if tender of sufficient amends shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.

(3) Where the defendant in any such suit is a municipal officer or servant, payment of the sum or of any part of any sum payable by him in, or in consequence of the suit, whether in respect of costs, charges, expenses, compensation for damages or otherwise, may be made, with the previous sanction of the Standing Committee or the Transport Committee from the Municipal Fund or the Transport Fund, as the case may be.

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