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URBAN DEVELOPMENT DEPARTMENT

Mantralaya, Madam Cama Marg, Hutatma Rajguru Chowk,

Mumbai 400 032, dated the 24th November 2022.

MAHARASHTRA ORDINANCE No. XII OF 2022.

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.

(1)

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RNI No. MAHENG /2009/35528

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xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).

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

in English of the Mumbai Municipal Corporation (Second Amendment) Ordinance, 2022

(Mah. Ord. XII of 2022), 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 (Second Amendment)

Ordinance, 2022 (Mah. Ord. XII of 2022), published under the authority of the Governor ].

—————————

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.

Amendment

of section 154

of III of 1888.

Power to

remove

difficulty.

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

(Second Amendment) Ordinance, 2022.

(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), for the words and figures “and the year 2021-

22” the words and figures “ , the year 2021-22 and the year 2022-23”

shall be substituted ;

(ii) in sub-clause (ii), for the words and figures “and the year 2021-

22” the words and figures “, the year 2021-22 and the year 2022-23” shall

be substituted ;

(iii) in sub-clause (iii),––

(a) for the words and figures “in the year 2022-23” the words

and figures “, in the year 2023-24” shall be substituted ;

(b) for the words and figures “and the year 2021-22” the words

and figures “, the year 2021-22 and the year 2022-23 ” shall be

substituted.

3. (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 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

commencement.

III of

1888.

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STATEMENT

Clause (1) of section 139 of the Mumbai Municipal 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 work, 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). Thereafter, the said section was amended by the Maharashtra Act No.

XI of 2022 so that the capital value of any building or land fixed under said

sub-section (1A) shall not be revised in the year 2021-22 also and the

property tax bill for any building or land shall be the same as is for the year

2019-20.

The adverse impact of Covid-19 pandemic on overall economy is still

continued, therefore, with a view to provide that the capital value of any

building or land fixed under sub-section (1A) shall not be revised in the year

2022-23 also, it is considered expedient to amend sub-section (1D) of said

section 154, suitably.

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3.

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 Mumbai

Municipal Corporation Act, for the purposes aforesaid, this Ordinance is

promulgated.

Mumbai,

BHAGAT SINGH KOSHYARI,

Dated the 23rd November 2022.

Governor of Maharashtra.

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

SONIA SETHI,

Principal Secretary to Government.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,

RUPENDRA DINESH MORE, 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 : DIRECTOR, RUPENDRA DINESH MORE.