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URBAN DEVELOPMENT DEPARTMENT
Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,
Mumbai 400 032, dated the 2nd November 2021.
MAHARASHTRA ORDINANCE No. XI OF 2021.
AN ORDINANCE
further to amend the Mumbai Municipal Corporation Act.
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 Mumbai Municipal Corporation Act, for the purposes
hereinafter appearing ;
III of
1888.
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In pursuance of clause (3) of article 348 of the Constitution of India, the following
translation in English of the Mumbai Municipal Corporation (Amendment) Ordinance, 2021
(Mah. Ord. No. XI of 2021), is hereby published under the authority of the Governor.
By order and in the name of the Governor of Maharashtra,
SATISH WAGHOLE,
I/c. Secretary (Legislation) to Government,
Law and Judiciary Department.
[Translation in English of the Mumbai Municipal Corporation (Amendment) Ordinance,
2021 (Mah. Ord. No. XI of 2021), published under the authority of the Governor.]
RNI No. MAHENG / 2009 / 35528
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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 Mumbai Municipal Corporation
(Amendment) Ordinance, 2021.
(2 ) It shall come into force at once.
2. In section 154 of the Mumbai Municipal Corporation Act, (hereinafter
referred to as “ the principal Act ”) in sub-section (1D ), in clause (a), ––
(i ) in sub-clause (i ), after the words and figures “ in the year
2020-21 ’’ the words and figures “ and the year 2021-22 ” shall be added ;
(ii ) in the sub-clause (ii ), after the words and figures “for the year
2020-21” the words and figures “and the year 2021-22” shall be inserted ;
(iii ) in sub-clause (iii ), ––
(a) for the words and figures “ in the year 2021-22 ” the words
and figures “ in the year 2022-23 ” shall be substituted ;
(b) after the words and figures “ for the year 2020-21 ” the
words and figures “ and the year 2021-22 ” shall be added.
3. (1) If any difficulty arises in giving effect to the provisions of the
prinicipal 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 purpose of removing the difficulty.
(2) Every order issued under sub-section (1 ) shall be laid, as soon
as may be, after it is issued, before each House of the State Legislature.
Short title and
commence-
ment.
Amendment
of section 154
of III of 1888.
III of
1888.
Power to
remove
difficulty.
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STATEMENT
Clause (1 ) of section 139 of the Mumbai Corporation Act (III of 1888)
provides for imposing of property taxes. Section 154 of the said Act provides
for the determination of the rateable value or the capital value of any building
or land assessable to a property tax. Sub-section (1A) of the said section
154 provides for the fixation of the capital value of any building or land
assessable to a property tax by the Commissioner having regard to the
factors mentioned thereunder. Sub-section (1C) thereof provides that, the
capital value of any building or land fixed under sub-section (1A) of the
said section 154 shall be revised every five years and such revision was
due in the year 2020-21.
2.
However, due to spread of COVID-19 pandemic, the lockdown was
declared by the State Government as well as the Central Government resulting
in adverse economic effect on the small-scale industries, educational institutions,
development activities, working in factories, various industrial areas, daily
works, etc. As such, new sub-section (1D) in section 154 of the said Act
was added by Maharashtra Act No. XXXII of 2020, so that the capital
value of any building or land fixed under sub-section (1A) of said section
154 shall not be revised in the year 2020-21 and the property tax bill for
any building or land shall be the same as is for the year 2019-20; and
other consequential provisions were also made in the said sub-section (1D).
Such situation is still continued due to spread of COVID-19 pandemic,
therefore, it is considered expedient to amend sub-section (1D) of said section
154, so as to provide that the capital value of any building or land fixed
under sub-section (1A) of said section 154 shall not be revised in the year
2021-22 and the property tax bill for any building or land shall be the same
as is for the year 2019-20 and it shall be revised in the year 2022-2023.
3.
As both Houses of the State Legislature are not in session and the
Governor of Maharashtra is satisfied that circumstances exists which render
it necessary for him to take immediate action further to amend the Mumbai
Municipal Corporation Act (III of 1888), for the purposes aforesaid, this Ordinance
is promulgated.
Mumbai,
BHAGAT SINGH KOSHYARI,
Dated the 1st November 2021.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
MAHESH PATHAK,
Principal Secretary to Government.
GOVERNMENT CENTRAL PRESS, MUMBAI