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1

C. P. and

Berar

XXXVI of

1936.

URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,

Mumbai 400 032, dated the 9th September 2019.

MAHARASHTRA ORDINANCE No. XXIII OF 2019.

AN ORDINANCE

further to amend the Nagpur Improvement Trust Act, 1936.

WHEREAS both Houses of the State Legislature are not in session;

AND WHEREAS the Governor of Maharashtra is satisfied that circumstances

exist which render it necessary for him to take immediate action further to amend

the Nagpur Improvement Trust Act, 1936, for the purposes hereinafter appearing;

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In pursuance of clause (3) of article 348 of the Constitution of India, the following translation in English

of the Nagpur Improvement Trust (Amendment) Ordinance, 2019 (Mah. Ord. XXIII of 2019), is hereby

published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

RAJENDRA G. BHAGWAT,

Secretary to Government,

Law and Judiciary Department.

————————

[ Translation in English of the Nagpur Improvement Trust (Amendment) Ordinance, 2019 (Mah. Ord.

XXIII of 2019), published under the authority of the Governor ].

RNI No. MAHENG /2009/35528

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(1)

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2

C. P. and

Berar

XXXVI of

1936.

Amendment

of section 121

of C. P. and

Berar XXXVI

of 1936.

Insertion of

section 123 in

C.P. and

Berar XXXVI

of 1936.

Mah. III

of 2017.

Mah. III

of 2017.

NOW, THEREFORE, in exercise of the powers conferred by clause (1) of article

213 of the Constitution of India, the Governor of Maharashtra is hereby pleased to

promulgate the following Ordinance, namely :—

1.

(1) This Ordinance may be called the Nagpur Improvement Trust

(Amendment) Ordinance, 2019.

(2) It shall come into force at once.

2.

In section 121 of the Nagpur Improvement Trust Act, 1936 (hereinafter

referred to as “the principal Act’),—

(a) in sub-section (1), after the words “or have been so far executed” the

words “or transferred to the Corporation or any development authority which

has been established by the State Government under any Act so” shall be

inserted ;

(b) in sub-section (2),—

(i) in clause (a), after the words “by the Corporation” the words and figures

“or the Nagpur Metropolitan Region Development Authority established under

the Maharashtra Metropolitan Region Development Authority Act, 2016, in the

manner as the State Government may, by an order, determine” shall be inserted ;

(ii) in clause (b), after the words “the Corporation” the words and figures

“or the Nagpur Metropolitan Region Development Authority established under

the Maharashtra Metropolitan Region Development Authority Act, 2016, in the

manner as the State Government may, by an order, determine” shall be inserted ;

(iii) in clause (c), after the words “the Corporation” the words and figures

“or the Nagpur Metropolitan Region Development Authority established under

the Maharashtra Metropolitan Region Development Authority Act, 2016, in the

manner as the State Government may, by an order, determine ” shall be

inserted ;

(iv) in clause (d), after the words “the Corporation” the words and figures

“or the Nagpur Metropolitan Region Development Authority established under

the Maharashtra Metropolitan Region Development Authority Act, 2016, in the

manner as the State Government may, by an order, determine ” shall be inserted.

3.

After section 122 of the principal Act, the following section shall be inserted,

namely :—

“ 123. Notwithstanding the dissolution of the Trust and transfer of assets,

rights, liabilities or powers under section 121,—

(a) all rules and bye-laws made, all appointments made, notifications

and orders issued and licenses and permissions granted, tenders issued,

lease-deeds executed and renewed under the Act, shall, until altered,

repealed or amended, continue to be in force ;

(b) all contracts and agreements entered into or executed and all

things done, by or with the Trust incorporated under the Act shall be deemed

to have been entered into, executed or done by or with the Municipal

Corporation of City of Nagpur deemed to be constituted under the

Maharashtra Municipal Corporations Act or the Nagpur Metropolitan

Region Development Authority established under the Maharashtra

Metropolitan Region Development Authority Act, 2016, as the case may

be ;

Mah. III

of 2017.

Mah. III

of 2017.

LIX of 1949.

Mah. III

of 2017.

Savings.

Short title and

commencement.

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3

(c) out of all properties, funds and other assets vested in and all rights

and liabilities of the Trust incorporated under the Act, certain properties,

funds and assets shall vest and devolve on the Municipal Corporation of

the City of Nagpur or the Nagpur Metropolitan Region Development

Authority, as may be determined by the State Government ;

(d ) all kinds of rent, sums of money due to the Trust in respect of

any properties or rights shall be due to the Municipal Corporation of the

City of Nagpur or the Nagpur Metropolitan Region Development Authority,

as the case may be ;

(e) all suits or legal proceedings, civil or criminal, instituted or which

might but for the commencement of this Ordinance, have been instituted

by or against the Trust or against its officers thereof may be continued or

instituted save as otherwise provided by or against the Municipal

Corporation of the City of Nagpur or Nagpur Metropolitan Region

Development Authority, as the case may be ;

(f ) the Improvement Schemes, which are yet to be completed or

executed by the Trust, shall be handed-over to the Municipal Corporation

of the City of Nagpur or the Nagpur Metropolitan Region Development

Authority, as may be directed by the State Government ;

(g) wherever the reference of “the Chairman” appear in the Act,

Rules, Notification or any instrument, the same shall be construed

reference as “the Commissioner, the Municipal Corporation of City of

Nagpur” or “the Metropolitan Commissioner, Nagpur Metropolitan Region

Development Authority”, as the case may be ;

(h) anything done or any action taken as per the provisions of the

Act, shall be deemed to have been done or taken under the corresponding

provisions of the Maharashtra Municipal Corporations Act or the

Maharashtra Metropolitan Region Development Authority Act, 2016, as the

case may be.”.

4.

(1) If any difficulty arises in giving effect to the provisions of the principal

Act, as amended by this Ordinance, the State Government may, as occasion arises,

by an order published in the Official Gazette, give such directions not inconsistent

with the provisions of the principal Act, as amended by this Ordinance, as may appear

to it to be necessary or expedient for the purposes of removing the difficulty.

(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.

Mah. III

of 2017.

Removal of

difficulty.

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4

STATEMENT

Section 121 of the Nagpur Improvement Trust Act, 1936 (C. P. and Berar XXXVI

of 1936), provides for dissolution of the Trust and transfer of its assets and liabilities

to the Municipal Corporation for the City of Nagpur. The Government has established

the Nagpur Metropolitan Region Development Authority under the Maharashtra

Metropolitan Region Development Authority Act, 2016 (Mah. Ill of 2017). Some of

the areas, where the Nagpur Improvement Trust is currently a Planning Authority,

are outside the area of operation of the Municipal Corporation for the City of Nagpur.

In case of dissolution of the Trust, the exigencies of administration require that the

assets, liabilities and legal matters of the Nagpur Improvement Trust are transferred

either to the Municipal Corporation of the City of Nagpur or the Nagpur Metropolitan

Region Development Authority, as the case may be. To enable the transfer of assets,

liabilities and legal matters of the Nagpur Improvement Trust, in case of its dissolution,

to the Municipal Corporation for the City of Nagpur and the Nagpur Metropolitan

Region Development Authority, it is proposed to amend section 121 of the said Act,

suitably and to add new section 123 by way of savings after the existing section

122 of the Act.

2.

As both Houses of the State Legislature are not in session and the Governor

of Maharashtra is satisfied that circumstances exist which render it necessary for

him to take immediate action further to amend the Nagpur Improvement Trust

Act, 1936 (C. P. and Berar XXXVI of 1936), for the purposes aforesaid, this Ordinance

is promulgated.

Mumbai,

BHAGAT SINGH KOSHYARI,

Dated the 9th September 2019.

Governor of Maharashtra.

By order and in the name of the Governor of Maharashtra,

MANISHA PATANKAR-MHAISKAR,

Principal Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR, DR. NAMDEO KONDAJI BHOSALE, PRINTED AT

GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING,

STATIONERY AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : DIRECTOR, DR. NAMDEO KONDAJI BHOSALE.