Chapter IV POWERS AND FUNCTIONS OF THE AUTHORITY

1. (1) The main object of the Authority shall be to secure the development of the Metropolitan Region according to the Regional Plan and for that purpose, the functions of the Authority shall be to,-
   • (a) review any physical, financial and economical plan;
   • (b) review any project or scheme for development which may be proposed or may be in the course of execution or may be completed in the Metropolitan Region;
   • (c) formulate schemes for the development of the Metropolitan Region or any part thereof;
   • (d) execute projects and schemes;
   • (e) recommend to the State Government any matter or proposal requiring action by the State Government or any other authority for the overall development of the Metropolitan Region;
   • (f) participate with any other authority for inter-regional development;
   • (g) finance any project or scheme for the development of the Metropolitan Region;
   • (h) co-ordinate execution of the projects or schemes for the development of the Metropolitan Region;
     • (i) supervise or otherwise ensure adequate supervision over the planning and execution of any project or scheme, the expenses of which, in whole or in part, are to be met from the Metropolitan Region Development Fund.
   • (j) prepare schemes and advise the concerned authorities in formulating and undertaking schemes for development of agriculture, horticulture, floriculture, forestry, dairy development, poultry farming, piggery, cattle breeding, fisheries and other similar activities;
   • (k) prepare and implement schemes for providing alternative accommodation and for rehabilitation of persons displaced by projects and schemes which provide for such requirements;
   • (l) do all such other acts and things as may be necessary for or incidental or conducive to any matters which arise on account of its activity and which are necessary for furtherance of the objects for which the Authority is established.
2. (2) Notwithstanding anything contained in the Maharashtra Regional and Town Planning Act, or any other law for the time being in force, the Authority shall assist the Metropolitan Planning Committee, constituted under the Metropolitan Planning Committees Act, in preparation of Development Plan under that Act.
3. (3) The Authority may also, in consultation with the Planning Authority concerned, for the purpose of the integrated development of the Metropolitan Region, undertake modification or revision of the Development Plans under the Act aforesaid for the area of the Planning Authority and shall for this purpose have all the powers of a Planning Authority under that Act and obtain the approval of the State Government to the same. In doing so, the Authority shall take into consideration all the relevant plans of the local authorities, the planning authorities, the District Planning Committees and the Metropolitan Planning Committees under its jurisdiction and specify the extent and the reason for modification of each such plan.

1. (1) Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Metropolitan Region of the type as the Metropolitan Authority may from time to time specify, by notification published in the Official Gazette, and which is likely to adversely affect the overall development of the Metropolitan Region.
2. (2) Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Metropolitan Authority for permission to undertake such development.
3. (3) The Metropolitan Authority shall, after making such inquiry as it deems necessary and within 60 days from the receipt of an application under sub-section (2), grant such permission without any conditions or with such conditions as it may deem fit to impose or refuse to grant such permission. If the Authority fails to communicate its decision to grant or refuse permission to the applicant within sixty days from the date of receipt of his application, or within sixty days from the date of receipt of compliance of requisition, if any, made by the Secretary of the Executive Committee or any officer authorized by him, whichever is later, such permission shall be deemed to have been granted to the applicant on the date immediately following the Date of expiry of such sixty days, but subject to the provisions of the Regional Plan or the Regulations or the Development Control Rules, if any, applicable for the time being to such development.
4. (4) Any authority or person aggrieved by the decision of the Metropolitan Authority under sub-section (3), may, within forty days, appeal against such decision to the State Government, whose decision shall be final : Provided that, where the aggrieved authority submitting such appeal is under administrative control of the Central Government, the appeal shall be decided by the State Government, after consultation with the Central Government.
5. (5) In case any person or authority contravenes any condition imposed under sub-section (3) or does anything contrary to the decision given under sub-section (4), the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned. Explanation.- For the purposes of this section, "the authority" means the authority other than the local authority, the planning authority, the District Planning Committee and the Metropolitan Planning Committee.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Metropolitan Authority may give such directions to any local authority, or other authority or person with regard to the implementation of any development project or scheme financed under sections 13 and 25, as it thinks fit, and any such authority or person in that Region shall be bound to comply with such directions.
2. (2) Where any direction is given to any authority or person under sub-section (1), such authority or person may, within fifteen days from the date of receipt of such direction, appeal to the State Government against such direction, and the decision of the State Government thereon shall be final.
3. (3) The Metropolitan Authority shall so exercise the powers of supervision referred to in clause (i) of sub-section (1) of section 13 as may be necessary to ensure that each development project or scheme is executed in the interest of the overall development of the Metropolitan Region, and in accordance with any plan, project or scheme duly approved under any law for the time being in force by the State Government.
4. (4) The Metropolitan Authority shall have power to direct the Commissioner of Police or Superintendent of Police, as the case may be, who shall comply with these directions in so for as they relate to execution of development work or removal of unauthorised development or for enforcing the provisions of this Act or for ensuring proper development as per the approved development Plan or Regional Plan, for the time being in force in that Region.

Where any amenities are provided by the Metropolitan Authority, the Authority may assume responsibility for the maintenance of the amenities which have been provided by it or may require the local authority, within whose local limits the area so developed is situated, to assume such responsibility for the maintenance of the amenities, and for the provision of such other amenities which have not been provided by the Metropolitan Authority, but which in its opinion should be provided in the area, on such terms and conditions as may be agreed upon between the Metropolitan Authority and that local authority; and where such terms and conditions cannot be agreed upon, on such terms and conditions as may be specified by the State Government, in consultation with both the local authority and the Metropolitan Authority.

1. (1) Where the Metropolitan Authority is satisfied that any direction given by it under sub-section (1) of section 15 with regard to any development project or scheme has not been carried out by the authority referred to therein, within the time specified in the direction or that any such authority is unable to fully implement any project or scheme undertaken by it for the development of any part of the Region, the Authority may itself undertake any work and incur any expenditure for the execution of such development projects or implementation of such schemes, as the case may be, and recover the cost thereof from that authority.
2. (2) The Metropolitan Authority may also undertake any work in the Region for development in accordance with the Regional Plan as may be directed by the State Government and may incur such expenditure as may be necessary for the execution of such work. Such direction may be issued to the Authority only where in the opinion of the State Government,-
   • (a) there is no other suitable authority to undertake such work, or
   • (b) where there is such an authority but it is unwilling or unable to undertake such work, or
   • (c) where the Metropolitan Authority has specifically requested the State Government to entrust such work to it.
3. (3) where any work is undertaken by the Metropolitan Authority under sub-section (1), it shall be deemed to have, for the purposes of the execution of such work, all the powers which may be exercised by or under any law for the time being in force by the authority referred in sub-section (1).
4. (4) The Metropolitan Authority may, for the purposes of sub-section (1) and (2), undertake the survey of any area within the Metropolitan Region and for that purpose it shall be lawful for any officer or servant of the Metropolitan Authority,-
   • (a) to enter in or upon any land and to take level of such land;
   • (b) to dig or bore into the sub-soil;
   • (c) to mark levels and boundaries by placing marks and cutting trenches;
   • (d) where otherwise the survey cannot be completed and levels taken and boundaries marked, to cut down and clear away any fence or jungle.
5. (5) Before entering upon any land for the purpose given in aforesaid sub-section (4), the Metropolitan Authority or an officer authorized by it shall give notice of its intention to do so in such manner as may be specified in the regulations.

1. (1) The Metropolitan Authority may,-
   • (a) subscribe to the share capital of any public limited company incorporated under the Companies Act, 2013 (18 of 2013), or a Co-operative Society, with limited liability registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); or
   • (b) contribute to the corpus of a trust created under the Indian Trusts Act, 1882 (2 of 1882), or public trust registered under the Maharashtra Public Trusts Act, (XXIX of 1950), or a society registered under the Societies Registration Act, 1860 (XXI of 1860), which are incorporated or registered and promoted with the object of providing any services or for performing any functions which are directly or indirectly conducive to the duties and functions of the Authority under this Act or any other law for the time being in force : Provided that, the amount of such subscription or contribution in a year shall not exceed ten per cent. of the net income of the Authority in the last preceding year.
2. (2) The Metropolitan Authority for the purpose to execute or manage the projects, schemes, policies and equity therefor shall have power to create Joint Project Venture (JPV) with Private Partner.

1. (1) The Authority may, in consultation with the concerned local authority in the Region, prepare any project or scheme with a view to provide an infrastructure within the territorial limits of any local authority within the Metropolitan Region and execute the same. Explanation.- For the purposes of this sub-section, the term "infrastructure" shall mean and include streets, roads, bridges and any other means of transport and communication, and activities related or incidental for the execution of such infrastructure project or scheme.
2. (2) For the purposes of preparation and execution of a project or scheme under sub-section (1), the Metropolitan Commissioner and the Authority shall be deemed to be the Municipal Commissioner, under the Maharashtra Municipal Corporations Act (LIX of 1949) and the Maharashtra Regional and Town Planning Act, and shall, respectively, exercise the powers of the Municipal Commissioner and the Corporation under the said Acts.
3. (3) Notwithstanding anything contained in the Maharashtra Slum Areas (Improvements, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971), for the purposes of preparation and execution of the projects and schemes under sub-section (1), the Metropolitan Commissioner shall be deemed to be a Slum Rehabilitation Authority under the said Act and shall have such powers and discharge such duties of the concerned Slum Rehabilitation Authority under the said Act, for the said purposes, as the Government may, by notification in the Official Gazette, declare.
4. (4) Notwithstanding anything contained in section 20 of the Maharashtra Motor Vehicles Tax Act (LXV of 1958), or any other law for the time being in force, the Authority may charge toll for the use of the amenity provided by it: Provided that, the amount of toll shall not be more than the capital outlay or expenses incurred by the Authority on such project or scheme and expenses incurred for collection thereof. Explanation.- For the purposes of this sub-section, the expression "capital outlay" shall have the same meaning as assigned to it in the Explanation to sub-section (1A) of section 20 of the Maharashtra Motor Vehicles Tax Act (LXV of 1958).