L. A. BILL No. XXVIII OF 2022.

A BILL

further to amend the Mumbai Municipal Corporation Act.

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

AND WHEREAS the Governor of Maharashtra was satisfied that

circumstances existed which rendered it necessary for him to take immediate

action further to amend the Mumbai Municipal Corporation Act, for the

purposes hereinafter appearing ; and, therefore, promulgated the Mumbai

Municipal Corporation (Second Amendment) Ordinance, 2022 on the 24th

November 2022 ;

AND WHEREAS it is expedient to replace the said Ordinance, by an

Act of the State Legislature ; it is hereby enacted in the Seventy-third Year

of the Republic of India as follows :—

1. (1) This Act may be called the Mumbai Municipal Corporation

(Second Amendment) Act, 2022.

III of

1888.

Mah.

Ord.

XII of

2022.

Short title

and

commencement.

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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 (Second Amendment) Bill, 2022 (L.A. Bill No. XXVIII of

2022), introduced in the Maharashtra Legislative Assembly on the 19^th December 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.

RNI No. MAHENG/2009/35528

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(1)

BSÉ¤ÉÒ--2451-1.

Amendment

of section 154

of III of 1888.

Power to

remove

difficulty.

(2) It shall be deemed to have come into force on the 24th November

2022.

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 Act, 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 Act, as may appear to it to be necessary or expedient for

the purposes of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period

of two years from the date of commencement of this Act.

(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.

4. (1) The Mumbai Municipal Corporation (Second Amendment)

Ordinance, 2022, is, hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken

(including any notification or order issued) under the corresponding

provisions of the principal Act, as amended by the said Ordinance, shall be

deemed to have been done, taken or, as the case may be, issued under the

corresponding provisions of the principal Act, as amended by this Act.

III of

1888.

Repeal of

Mah. Ord. XII

of 2022 and

saving.

Mah.

Ord.

XII of

2022.

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STATEMENT OF OBJECTS AND REASONS

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.

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 was considered expedient to amend sub-section (1D) of said

section 154, suitably.

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As both Houses of the State Legislature were not in session and

the Governor of Maharashtra was satisfied that circumstances existed which

rendered it necessary for him to take immediate action further to amend

the Mumbai Municipal Corporation Act, for the purposes aforesaid, the

Mumbai Municipal Corporation (Second Amendment) Ordinance, 2022 (Mah.

Ord. XII of 2022) was promulgated by the Governor of Maharashtra on the

24th November 2022.

The Bill is intended to replace the said Ordinance by an Act of the

State Legislature.

Mumbai,

EKNATH SHINDE,

Dated the 7^th December 2022.

Chief Minister.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

The Bill involves the following proposal for delegation of legislative

power, namely :—

Clause 3.—Under this clause, power is taken to the State

Government, to issue, an order published in the Official Gazette,

for removing any difficulty which may arise in giving effect to

the provisions of the Act.

The above-mentioned proposal for delegation of legislative power

is of a normal character.

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

AT GOVERNMENT PRESS AND BOOK DEPOT, CIVIL LINES, NAGPUR-440 001 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY

AND PUBLICATION, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI-400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.

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