Chapter XIII RULES, REGULATIONS AND BY-LAWS

(1) The State Government may, by notification in the Official Gazette, make rules prospectively or retrospectively, with effect from such date, as it may specify in such notification, for the purpose of carrying into effect the provisions of this Act. (2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules, may provide for all or any of the following matters, namely :— (i) for regulating the mode of recruitment including provisions for absorption or promotion of persons already working in any Board and for providing terminal benefits under sub-section (5) of section 19 ; (ii) conditions to be prescribed under sub-section (1) including issue of debentures under sub-section (2) of section 36 ; (iii) the manner of maintenance of the books of account and the preparation of the annual statement of accounts of the Authority under sub-section (1) of section 39 ; (iv) the manner of service of the notice under the proviso to sub-section (1) of section 41; (v) the manner of holding the inquiry by the Land Acquisition Officer and service of notice on the owner of the land, under sub-section (5) of section 44 ; (vi) the period within which the betterment charges proposed by the Authority to be accepted by the person concerned, under sub-section (3) of section 54 ; (2) (vii) the rate on interest to be charged on any outstanding payment of the Authority under sub-section (1) of section 55 ; (viii) the rules subject to which the Authority may retain, lease, sell, exchange, or otherwise dispose of any land, etc., under section 64 ; (ix) the other manner in which a notice under sub-section (1) of section 66 may be given ; (x) the manner of publication of notice under sub-section (4) of section 66 ; (xi) the penalty to be imposed for default in the payment of rent or compensation under Explanation II to section 66 ; (xii) the rules subject to which the recovery of rent, compensation or damages may be recovered as arrears of land revenue under sub-section (1) of section 67 ; (xiii) the other matters in respect of which the Competent Authority shall have the powers of the civil court under the Code of Civil Procedure, 1908 (V of 1908), under section 69 ; (xiv) the manner in which the rebate shall be claimed by, and paid to the Municipal Corporation of Greater Bombay, under sub-section (2) of the section 85 ; (xv) regulating all matters connected with the Mumbai Building Repairs and Reconstruction Fund under sub-section (3) of section 86 ; (xvi) regulating all matters connected with the Maharashtra Slum Improvement Fund, under sub-section (2) of section 117 ; (xvii) the manner in which the resignation shall be delivered by the members, Sarpanch or Upa-Sarpanch of a Panchayat resigning his office, under section 126 ; (xviii) prescribing notice to be given for moving no-confidence motion against the Sarpanch or the Upa-Sarpanch, under sub-section (1) of section 127 ; (xix) the intervals and the procedure for the meetings of the Panchayat, under section 128 ; (xx) the powers to be exercised and functions to be performed by the Sarpanch and Upa-Sarpanch, under section 129 ; (xxi) the manner and the form in which every contract made and executed by the Sarpanch on behalf of the Panchayat, under sub-section (2) of section 139 ; (xxii) the form of the writ of demand under sub-section (2), the manner of distraint and sale of moveable property under sub-section (4), and the form and manner in which a written receipt for any amount recovered by the Panchayat shall be given under sub-section (6), of section 140 ; (xxiii) the custody in which the sums received by the Panchayat and the Panchayat fund shall be kept, under section 142 ; (xxiv) the date before which and the form in which the annual statement of the opening balance in the Panchayat fund and the expenditure the Panchayat shall submit to the Board under sub-section (1) and the form in which the accounts of the Panchayat shall be kept by the Sarpanch and the date before and the form in which the annual statement of accounts shall be sent to the Board by the Sarpanch under sub-section (3) of section 144 ; (xxv) the manner of supersession and reconstitution of the Authority, or as the case may be, the Board under sub-section (2) of section 167 ; (xxvi) levy fees for any of the purposes of this Act, and for refund of such fees. (3) Except when rules are made for the first time, all rules made under this Act shall be subject to the condition of previous publication. (4) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

(1) The Authority may, from time to time, with the previous sanction of the State Government, make regulations, consistent with this Act and the rules made thereunder, and for all or any of the matters which have to be or may be, prescribed or provided by regulation under any of the provisions of this Act. (2) If it appears to the State Government that it is necessary or desirable for carrying out the purposes of this Act to make any regulations in respect of matters specified in sub-section (1) or to amend any regulation made under that sub-section, the State Government may call upon the Authority to make regulation or, amendment within such time as it may specify. If the Authority fails to make such regulation or amendment within the time specified, the State Government itself may make such regulation or amendment and the regulation or the amendment so made shall be deemed to have been duly made by the Authority under sub-section (1).

(1) The Authority may make by-laws, not inconsistent with this Act or any rule or regulation, which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act. (2) No by-law made by the Authority shall come into force until it has been confirmed by the State Government with or without modification. (3) All by-laws made under this section shall be published in the Official Gazette by the Authority.

Penalty for contravention of by-laws. Whoever contravenes a by-law made under section 186 shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both.