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1
LIX of
1949.
Mah. XL
of 1965.
L. A. BILL No. LXXII OF 2018.
A BILL
further to amend the Maharashtra Municipal Corporations Act and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships
Act,1965.
WHEREAS it is expedient further to amend the Maharashtra Municipal
Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial Townships Act, 1965, for the purposes hereinafter appearing; it is
hereby enacted in the Sixty-ninth Year of the Republic of India as follows :–
CHAPTER I
PRELIMINARY.
1.
This Act may be called the Maharashtra Municipal Corporations and the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships
(Amendment) Act, 2018.
Short title.
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MAHARASHTRA LEGISLATURE SECRETARIAT
The following Bill was introduced in the Maharashtra Legislative Assembly on the
26th November 2018 is published under Rule 117 of the Maharashtra Legislative Assembly
Rules :—
RNI No. MAHBIL /2009/40123
¦ÉÉMÉ {ÉÉSÉ-+-61-1
(1)
2
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CHAPTER II
AMENDMENTS TO THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.
2.
In section 79 of the Maharashtra Municipal Corporations Act, in
clause (g),–
(a) before the existing proviso, the following proviso shall be inserted,
namely :—
“Provided that, where the Municipal Corporation has granted
approval to the implementation of the Pradhan Mantri Awas Yojana of
the Central Government on the land belonging to it, the Commissioner
shall grant lease of such land to the eligible individual beneficiary in the
manner, as may be notified by the State Government : ”;
(b) in the existing proviso, for the words “Provided that,” the words
“ Provided further that,” shall be substituted.
CHAPTER III
AMENDMENT TO THE MAHARASHTRA MUNICIPAL COUNCILS, NAGAR PANCHAYATS AND
INDUSTRIAL TOWNSHIPS ACT, 1965.
3.
In section 92 of the Maharashtra Municipal Councils, Nagar Panchayats
and Industrial Townships Act, 1965, in sub-section (1), the following proviso shall
be inserted, namely :–
“ Provided that, where the Council has granted approval to the
implementation of the Pradhan Mantri Awas Yojana of the Central Government,
on the land belonging to it, the Chief Officer shall grant lease of such land
to the eligible individual beneficiary in the manner, as may be notified by the
State Government.”.
CHAPTER IV
MISCELLANEOUS
4.
(1) If any difficulty arises in giving effect to the provisions of the
Maharashtra Municipal Corporations Act or, as the case may be, the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as
amended by this Act, the State Government may, as the occasion arises, by an
Order published in the Official Gazette, give such directions not inconsistent with
the provisions of the said Acts as amended by this Act, as may appear to it to
be necessary or expedient for the purpose of removing the difficulty :
Provided that, no such order shall be made after expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
LIX of
1949.
Amendment of
section
79 of LIX
1949.
Amendment of
section 92 of
Mah. XL 1965.
Mah.
XL of
1965.
Power to
remove
difficulty.
LIX of
1949.
Mah.
XL of
1965.
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3
STATEMENT OF OBJECTS REASONS
Section 79 of the Maharashtra Municipal Corporations Act (LIX of 1949)
provides for the provision governing the disposal of Municipal property and section
92 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965 (Mah. XL of 1965) provides for the provisions regarding
transfer of municipal property for various purposes.
2.
The existing provisions in the said Acts do not provide for the grant of
lease of a land belonging to the Corporation or the Council, to the eligible
individual beneficiaries of the Pradhan Mantri Awas Yojana of the Central
Government.
3.
To facilitate effective implementation of the Pradhan Mantri Awas Yojana
and to achieve the objective of the policy ‘Housing for all’, the Government
considers it expedient to amend section 79 of the Maharashtra Municipal
Corporations Act and section 92 of the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965, suitably for conferring enabling
power on the Commissioner and on the Chief Officer for grant of lease of land
belonging to the Municipal Corporation or Municipal Council, as the case may be,
where the approval to the implementation of Pradhan Mantri Awas Yojana on the
land belonging to it is granted by such local authority, to the eligible individual
beneficiary of the said Scheme.
4.
Hence this Bill.
Mumbai,
DEVENDRA FADNAVIS,
Dated the 22nd November 2018.
Chief Minister.
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MEMORANDUM REGARDING DELEGATED LEGISLATION
The Bill involves the following proposals for delegation of legislative power,
namely :–
Clause 2.–Under this clause, which seeks to insert the proviso to clause
(g) of section 79 of the Maharashtra Municipal Corporations Act, power is
taken to the State Government to notify, the manner in which the Commissioner
shall grant lease of a land belonging to the Corporation to the eligible
individual beneficiary of the Pradhan Mantri Awas Yojana.
Clause 3.–Under this clause, which seeks to insert the proviso to
sub-section (1) of section 92 of the Maharashtra Municipal Councils, Nagar
Panchayats and Industrial Townships Act, 1965, power is taken to the State
Government to notify, the manner in which the Chief Officer shall grant lease
of a land belonging to the Council to the eligible individual beneficiary of the
Pradhan Mantri Awas Yojana.
Clause 4.–Under this clause, power is taken to the State Government
to remove, by an Order published in the Official Gazette, any difficulty, which
may arise in giving effect to the provisions of this Act.
2.
The above-mentioned proposals for delegation of legislative power are
of normal character.
Vidhan Bhavan :
DR. ANANT KALSE,
Mumbai,
Principal Secretary,
Dated the 26th November 2018.
Maharashtra Legislative Assembly.
ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD,
PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF
GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR
SHRI MANOHAR SHANKAR GAIKWAD.