Chapter II ESTABLISHMENT AND CONSTITUTION OF THE AUTHORITY

1. (1) As soon as may be, after the commencement of this Act, the State Government may, by notification in the Official Gazette, establish, for the purposes of this Act, an authority to be called "The…….Metropolitan Region Development Authority" for every Metropolitan Region.
2. (2) The Metropolitan Authority shall be a body corporate, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both moveable and immoveable and to contract and may sue or be sued by its corporate name as aforesaid.
3. (3) The Metropolitan Authority shall be deemed to be a local authority within the meaning of the term "Local Authority" as defined in the Maharashtra General Clauses Act (I of 1904).

1. (1) On and from the date of establishment of Authority under sub-section (1) of section 3, the Metropolitan Authority shall consist of the following members, namely:-
   • (i) The Chief Minister.
   • (ii) The Minister for Urban Development.
   • (iii) The Minister for Housing.
   • (iv) The Guardian Minister of the District.
   • (v) The Minister of State for Urban Development.
   • (vi) The Mayors of the Municipal Corporations in the Metropolitan Region.
   • (vii) The Chairpersons of the Standing Committees of the Municipal Corporations in the Metropolitan Region.
   • (viii) Two Presidents of the Municipal Councils within the Metropolitan Region, by rotation to be finalized by the State Government, by order.
   • (ix) The Presidents of the Zilla Parishads in the Metropolitan Region.
   • (x) Four Members of the Maharashtra Legislative Assembly, representing constituencies falling, wholly or partly, within the limits of the Metropolitan Region, to be nominated by the State Government.
   • (xi) One Member of the Maharashtra Legislative Council, to be nominated by the State Government.
   • (xii) The Chief Secretary to the Government of Maharashtra or any other Officer not below the rank of Secretary, authorized by him.
   • (xiii) The Municipal Commissioners of the Municipal Corporations within the Metropolitan Region.
   • (xiv) The Secretary to the Government of Maharashtra, Urban Development Department.
   • (xv) The Secretary to the Government of Maharashtra, Housing Department.
   • (xvi) The Chief Executive Officer of such Special Planning Authority whose maximum area is covered under the Region.
   • (xvii) The Divisional Commissioner and Police Commissioner of the respective Region. (xviii) The Metropolitan Commissioner.
2. (2) The Chief Minister of Maharashtra shall be the Chairman; and the Co-chairman shall be a person to be nominated by the State Government from amongst the members. The Metropolitan Commissioner shall be the Member-Secretary of the Authority.
3. (3) With effect from the date of establishment of Authority under sub-section (1) of section 3, the Authority shall be deemed to be duly constituted, notwithstanding that there may be any vacancies as some of the members may not have been nominated or appointed or for any other reason may not be available to take office on that day and the members of the Authority, who may, from time to time, be available shall be competent to exercise, perform and discharge all the powers, duties and functions of the Authority from that date : Provided that, an "Authority" appointed under section 42C of the Maharashtra Regional and Town Planning Act, before the commencement of this Act, for the area notified under section 42A of that Act, shall continue to carry out its functions and duties till the Authority is constituted under this Act.
4. (4) The State Government may, from time to time, by notification in the Official Gazette, publish the names of members nominated under clauses (x) and (xi) of sub-section (1).
5. (5) The members shall receive such allowances as may be determined by regulations for meeting the personal expenditure in attending the meetings of the Authority or any Committee or body thereof, or in performing any other functions as a member. Such regulations shall require the previous approval of the State Government.
6. (6) Where a person becomes or is elected or nominated as a member of the Authority by virtue of holding any office or being a member of the Legislature or any local authority or Committee or body, he shall cease to be a member of the Authority, as soon as he ceases to hold that office or to be such member, as the case may be.
7. (7) A member of the Authority, other than ex-officio member, may, at any time, by writing under his hand addressed to the Chairman, resign his office.
8. (8) No act or proceeding of the Metropolitan Authority, or of any Committee thereof, shall be deemed to be invalid at any time merely on the ground that :-
   • (a) any of the members of the Authority or its Committee are not duly elected, nominated or appointed or for any other reason are not available to take office at the time of the constitution or any meeting of the Authority or of its Committee or body or there is any defect in the constitution thereof, or any person is a member in more than one capacity or there are one or more vacancies in the offices of any such members;
   • (b) there is any irregularity in the procedure of the Authority or such Committee not affecting the merits of the matter under consideration.

1. (1) The Chairman of the Authority shall supervise and control all the activities on behalf of the Authority and shall exercise such powers and perform such duties as are conferred on him by this Act and exercise such other powers and perform such other duties as the Authority may, from time to time, by regulations determine: Provided that, the Chairman may delegate any of the powers and duties conferred on him to the Co-Chairman.
2. (2) Subject to the provisions of sub-section (1),-
   • (a) the Metropolitan Commissioner shall be the Chief Executive Officer of the Authority; and shall exercise such powers and perform such functions or duties as the Authority may, by a resolution passed in this behalf, direct. The Metropolitan Commissioner may, by general or special order, further direct that such of the powers, functions or duties delegated to him as aforesaid or under sub-section (5) of section 7 shall be exercised or performed by such of the officers of the Authority, as may be specified in such order;
   • (b) the Metropolitan Commissioner shall supervise and control all its officers and servants, including any officers of the Government appointed, from time to time, on deputation to the Authority or any Committee or body thereof;
   • (c) the Metropolitan Commissioner shall be responsible for collection of all sums due to the Authority and payment of all sums payable by the Authority. He shall ensure adequate security of all assets, including cash balances, of the Authority. He shall also be responsible for performing all executive functions in connection with the works of the Authority.
3. (3) Subject to the provisions of sub-section (2), the Executive Committee shall, from time to time, by order determine the powers and duties of any Additional, Deputy and Assistant Metropolitan Commissioners appointed under section 12.

1. (1) The Metropolitan Authority shall meet at least once in six months, at such place and at such time as the Chairman may decide and shall, subject to the provisions of sub-section (3), observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum thereat) as may be laid down by the regulations.
2. (2) The Chairman shall preside at the meetings of the Authority. In the absence of the Chairman, at any meeting, the Co-Chairman shall preside and in the absence of both, any other member of the Authority elected by the members present at the meeting shall preside at such meeting.
3. (3) A member of the Authority, who has acquired or acquires, directly or indirectly, any share or pecuniary or other interest in any contract, loan arrangement or proposal entered into, or proposed to be entered into, by or on behalf of the Authority, shall cease to be a member of the Authority : Provided that, a member shall not be deemed to have any such share or interest by reason only of his being a shareholder of a public limited company concerned in any such contract, loan, arrangement, or proposal or that he himself or any relation of his is employed by or on behalf of the Authority, or he has such share or interest in his capacity as a member of the Authority, or his property, or any property in which he has a share or interest, is or is being acquired or taken on lease by or on behalf of the Authority by agreement or according to any law for the time being in force.
4. (4) If any question arises whether a member of the Authority has become subject to the disqualification mentioned in the last preceding sub-section, the question shall be referred for decision of the State Government, and its decision thereon shall be final.

1. (1) There shall be an Executive Committee of the Authority, consisting of the following members, namely:-
   • (i) The Chief Secretary to the Government of Maharashtra or any other Officer not below the rank of Secretary authorized by him.
   • (ii) The Secretary to Government, Urban Development Department or any Officer authorized by him.
   • (iii) The Secretary to Government, Housing Department or any Officer authorized by him.
   • (iv) The Secretary to Government, Finance Department or any Officer authorized by him.
   • (v) The Metropolitan Commissioner.
   • (vi) The Municipal Commissioners of the Corporations in Metropolitan Region.
   • (vii) The Chief Executive Officer of such Special Planning Authority whose maximum area is covered under the Region.
   • (viii) The Commissioners of Police of the respective Region.
   • (ix) Three members who are experts in the field of urban planning and development, to be appointed by the State Government.
   • (x) The Principal Accounts and Finance Officer of the Authority.
2. (2) The Chief Secretary to the Government of Maharashtra or any other Officer not below the rank of Secretary authorized by him shall be the Chairman of the Executive Committee. The Chief Secretary to the Government of Maharashtra shall appoint a suitable person to be the Secretary of the Executive Committee.
3. (3) Subject to the provisions of section 28 and the guidelines or directives issued by the Authority, the Executive Committee shall exercise the following powers and perform the following duties, namely :-
   • (i) Appointment of the staff;
   • (ii) Planning and implementation of the projects and schemes of the Authority, including approval or rejection of such projects and schemes;
   • (iii) Approval or rejection of tenders for projects and schemes;
   • (iv) Grant of permission or refusal of permission, on behalf of the Authority, under sub-section (3) of section 14;
   • (v) Investment of surplus moneys of the Metropolitan Region Development Fund;
   • (vi) Institution, conduct and withdrawal of any legal proceedings on behalf of the Authority;
   • (vii) The powers (except the power to make regulations) delegated or the functions or duties imposed, from time to time, on the Executive Committee by the Authority.
4. (4) The Executive Committee shall meet at such place and at such time as may be determined by its Chairman, and shall observe such rules of procedure as it may determine.
5. (5) The Executive Committee may, from time to time, by a resolution passed in this behalf, direct that any power and any function or duty which is conferred on it, by or under the provisions of this Act, shall be exercised or performed by the Metropolitan Commissioner.
6. (6) Without prejudice to the powers exercised by the Metropolitan Authority under this Act and notwithstanding the powers exercised by the Planning Authorities or Local Authorities in the Metropolitan Region, any difference or disputes between such Planning Authorities or Local Authorities only in respect of matters of proper, orderly and rapid development of any part of Metropolitan Region shall be referred to the Authority whose decision thereon shall be final and binding on such Planning Authorities and Local Authorities.

All proceedings of the Authority and the Executive Committee shall be authenticated by the signature of the Chairman of the Authority or the Executive Committee, as the case may be, or of any member thereof authorized by the Chairman in this behalf, and all other orders and instruments of the Authority shall be authenticated by the Metropolitan Commissioner or the Secretary of the Executive Committee or by any other officer of the Authority authorized by the Metropolitan Commissioner in this behalf.

1. (1) The Metropolitan Authority may constitute committees consisting wholly of members of such Authority or partly of other persons and for such purpose or purposes, as it may think fit; and entrust to any such committee such powers as the Metropolitan Authority may specify by regulations.
2. (2) The Committees constituted under this section shall meet at such place and at such time, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by the regulations.
3. (3) The members of the committees may be paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the committees, as may be provided by regulations.

Notwithstanding anything contained in any other law for the time being in force, a member (including the Chairman or Co-chairman of the Authority or any of its Committees) shall not be disqualified for being chosen as, and for being, a Member or Councillor of the State Legislature or any local authority or any committee members of or body of such legislature or authority, merely by reason of the fact that he is a member of the Authority or any of its Committees.

The Authority, or the Executive Committee may invite any officer of the Government or local authority to attend its meeting or meetings as a special or permanent invitee for the purpose of assisting or advising it on any matter or matters. The officer so invited may take part in the proceedings, but shall have no right to vote.