Chapter IV BUDGET, FINANCE, ACCOUNTS AND AUDIT

(1) The Chief Executive Officer or in his absence the Financial Controller or such officer, as may be specially or generally authorised in this behalf, by the Authority shall, at a special meeting to be held not later than 31st March in each year, lay before the Authority, the budget estimates of the Authority for the next year. (2) Every such budget estimates shall be prepared in such form as the State Government may, from time to time by order, determine, and shall provide for,— (i) the proposals, plans and projects which the Authority proposes to execute whether in part or in whole during the next year ; (ii) the due fulfilment of all the liabilities of the Authority ; and (iii) the implementation of the provisions of this Act ; and such estimates shall contain a statement showing the estimated income and expenditure on capital and revenue accounts, for the next year and such other particulars indicating the financial performance of the Authority as the State Government may direct. The budget shall clearly reveal the financial outlay and performance. (3) The Chief Officer of every Board shall prepare annually on or before such date and in such form as the State Government may from time to time by order determine a budget estimate of the income and expenditure of the Board for the next year relating to the proposals, plans or projects to be undertaken or continued or executed from the funds of the Authority. (4) Every Board shall, as soon as may be, after the said date consider the budget estimates so prepared and approve the same with or without modifications and forward it to the Authority for the inclusion thereof in the budget estimates of the Authority before such date as the State Government may, from time to time, by order, determine.

(31) “regulations”, means regulations made under section 185 ; The Authority shall consider the budget estimates submitted to it under section 30 and approve the same with or without modifications on or before such date as the State Government may, from time to time, determine. The budget estimates forwarded by every Board shall form part of the budget estimates of the Authority.

(32) “relevant municipal law” means— (a) the Mumbai Municipal Corporation Act (Bom. III of 1888), (b) the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949). (c) the City of Nagpur Corporation Act, 1948 (C. P. and Berar Act II of 1950) ; (d) the Maharashtra Municipal Councils Act, 1965 (Mah. XL of 1965) ; (1) Every budget estimates approved by the Authority under the last preceding section shall be submitted to the State Government for information. (2) After the receipt of the approved budget estimates, the State Government may as far as practicable before the beginning of the next year, suggest to the Authority, such modifications therein as the State Government may deem fit, and the Authority shall carry out such modifications in the budget estimates in such manner as the Authority may think fit.

(33) “Rent Act” means the Bombay Rents, Hotels and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947) ; The Chief Executive Officer may, at any time during the year for which a budget has been approved by the Authority, lay before the Authority a supplementary budget estimates and the provisions of section 30, 31 and 32 shall, so far as may be, apply to such supplementary budget estimates.

(34) “rules” means rules made by the State Government under section 184 ; (1) The Authority shall have its own fund. (2) (a) All moneys received by the Authority by way of grants, subventions, donations and gifts for all or any of the purposes of this Act ; (b) All proceeds of land or any other kind of property sold or disposed of by the Authority, all rents, deposits, betterment charges and all interest, profits and other moneys accruing to the Authority ; (c) all loans received by the Authority ; shall constitute the fund of the Authority. (3) [deleted by Mah. 54 of 1977, s. 5]

(35) “Slum improvement area” means any area declared as such by a Board under sub-section (1) of section 108 ; (1) Except as otherwise directed by the State Government, all moneys forming part of the funds of the Authority shall be deposited in the Reserve Bank of India or in such Scheduled Bank or invested in such securities as may be approved by the State Government. Explanation.— For the purposes of this section, the Reserve Bank of India means the Reserve Bank of India at Mumbai constituted under the Reserve Bank of India Act, 1934 (II of 1934), and a Scheduled Bank means a Bank included in the Second Schedule to the said Act. (2) The fund of the Authority shall be operated upon by such officers as may be authorised by the Authority.

(36) “structural repairs” for the purposes of Chapter VIII means repairs or replacement of decayed, cracked, or out of plumb structural components of common access, such as, staircases, passages, water closets or privies by new ones of the like material or materials, or of different material or materials including change in the mode of construction like converting load bearing wall type or timber framed structure to an R.C.C. one, or a combination of both, which repairs or replacement in the opinion of the Board, if not carried out expeditiously, may result in the collapse of the building or any such part thereof ; and “structural repairs” includes repairs and replacement of all items which are required to be repaired or replaced as a consequence of the repairs or replacement aforesaid which are carried out or to be carried out, and also repairs and replacement of the roof (but not replacement of the tiles only) and of the drain pipes (including house gallies) fixed to the building, which, if not repaired or replaced simultaneously with structural repairs would cause further damage to the building. When such repairs to any building or any part thereof are carried out by the Board the building shall be deemed to be structurally repaired under this Act ; (1) The Authority may, from time to time with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of this Act. (2) The rules made by the State Government for the purposes of this section may empower the Authority to borrow by the issue of debentures and to make arrangements with bankers. (3) All debentures issued by the Authority shall be in such form as the Authority with the sanction of the State Government, may, from time to time, determine. (4) Every debenture shall be signed by the President and one other member of the Authority as the Authority may by order specify in this behalf. (5) Loans borrowed and debentures issued under this section may be guaranteed by the State Government as to the repayment of principle and the payment of interest at such rate as may be fixed by the State Government.

(37) “Town Planning Act” means the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) ; All property and fund of the Authority and all other assets belonging to, or vesting in, the Authority shall be held and applied by it, subject to the provisions, and for the purposes, of this Act.

(38) “Tribunal” means the Tribunal constituted under section 73 ; (1) Any Government or local Authority (and every local authority is hereby authorised to do so) may, from time to time, make subventions to the Authority for the purposes of this Act on such terms and conditions as the State Government may determine. (2) Any Government may from time to time advance loans to the Authority on such terms and conditions not inconsistent with the provisions of this Act, as that Government may determine.

(39) “year” means a year commencing on the first day of April ; (1) The Authority shall cause to be maintained proper books of accounts and such other books as the rules may require, and shall prepare in accordance with the rules an annual statement of accounts. (2) The Authority shall cause its accounts to be audited annually by such person and by such date in the next succeeding year as the State Government may direct. The person so directed shall have the right to demand the production of books, accounts and connected vouchers, documents and papers, and to inspect any of the offices of the Authority including those of the Boards. (3) As soon as the accounts of the Authority have been audited, the Authority shall send a copy thereof with a copy of the report of the auditor thereon to the State Government; and the Authority shall comply with such directions as the State Government may, after perusal of the report of the auditor, think fit to issue. (4) The accounts together with the report of the auditor thereon shall be laid by the State Government before each House of the State Legislature as far as possible before the expiry of the year next succeeding the year to which they relate.

(1) Notwithstanding anything contained in section 39, there shall be a concurrent audit of the accounts of the Authority by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Authority relating to any particular transaction or a class or series of transactions or to a particular period. (2) Where an order is made under sub-section (1), the Authority shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1) such information as the said person may require for the purpose of audit; and shall remedy or cause to be remedied the defects pointed out by such person, unless they are conduced by the State Government.

(41) “Zilla Parishad” means a Zilla Parishad established under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962). (1) Where, on any representation from the Authority or any Board it appears to the State Government that, in order to enable the Authority to discharge any of its functions or to exercise any of its powers or to carry out any of its proposals, plans, or projects, it is necessary that any land should be acquired, the State Government may acquire the land by publishing in the Official Gazette a notification to the effect that the State Government has decided to acquire the land in pursuance of this section : Provided that, before publishing such notification, the State Government shall by notice published in the Official Gazette, and served in the prescribed manner, call upon the owner of, or any other person who, in the opinion of that Government, may be interested in, such land to show cause, why it should not be acquired and after considering the cause, if any, shown by the owner or any other person interested in the land, the State Government may pass such order as it thinks fit : Provided further that, if the land proposed to be acquired falls within the Scheduled Areas then the State Government shall before such acquisition and before re-setting or rehabilitating of persons affected consult,— (i) the Gram Sabha and the Panchayat concerned, if the land falls within the area of one Panchayat ; (ii) concerned Gram Sabhas and the Panchayat Samiti, if the land falls within the area of more than one village in the Block concerned ; (iii) the concerned Gram Sabhas and the Zilla Pasishad concerned, if the land falls within the jurisdiction of more than one Blocks in the district concerned ; such consultation shall be done in the manner as may be laid down by the State Government by issuing general or special order issued in this behalf : Provided that, the decision taken by the majority of the Gram Sabhas concerned by passing a resolution in the above matter shall be binding on the concerned Panchayat Samiti or the Zilla Parishad, as the case may be. Explanation.— for the purpose these provisos,— (i) the expressions “Gram Sabha”, “Panchayat” and “Scheduled Areas” shall have the meaning respectively assigned to them in the Bombay Village Panchayats Act, 1958 (Bom. III of 1959) ; (ii) the expressions “Panchayat Samiti” and “Zilla Parishad” shall have the meanings respectively assigned to them in the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962). (2) The acquisition of land for any purpose mentioned in sub-section (1) shall be deemed to be a public purpose. (3) Where notification aforesaid is published in the Official Gazette, the land shall, on and from the date on which the notification is so published, vest absolutely in the State Government free from all encumbrances.

(1) Subject to the provisions of section 51, where any land is vested in the State Government under sub-section (3) of section 41, the State Government may, by notice in writing, order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the date of service of the notice. (2) If any person fails or refuses to comply with an order under sub-section (1) the State Government may take possession of the land, and may, for that purpose use or cause to be used such force as may be reasonably necessary. (3) Where any land is taken possession of as aforesaid, the State Government shall make that land available to the Authority for the purpose for which the land has been acquired and for discharging its functions, performing its duties and exercising its powers.

Every person having any interest in any land acquired under this Chapter shall be entitled to receive from the State Government an amount as provided hereafter in this Chapter.