The Maharashtra Municipal Property Tax Board Act, 2011
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24. Transparency in functioning of Board.
The Board shall ensure transparency while exercising the powers and discharging the functions under this Act.
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25. Proceedings before Board to be judicial proceedings.
All proceedings before the Board shall be deemed to be judicial proceedings within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860) and the Board shall be deemed to be a Civil Court for the purposes of section 345 and section 346 of the Code of Criminal of Procedure, 1973 (2 of 1974).
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26. Protection of action taken in good faith.
No suit, prosecution or other legal proceedings shall lie against the State Government or the Board or any officer of the State Government or any Member, officer or other employee of the Board for anything which is in good faith done or intended to be done under this Act or the rules and the regulations made thereunder.
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27. Power of State Government to supersede the Board.
- (1) The State Government may, by notification in the Official Gazette, and for reasons to be specified therein, supersede the Board for such period, not exceeding six months, as may be specified in the notification and appoint a person possessing any of the qualifications laid down in sub-section (3) of section 4 to be the Administrator to discharge the functions and perform the duties of the Board : Provided that, before issuing any such notification, the State Government shall give reasonable opportunity to the Board to make representation against the proposed supersession and shall consider the representation, if any, of the Board.
- (2) Upon the publication of notification under sub-section (1) superseding the Board,-
- (a) the Chairperson and other Members shall, as from the date of supersession, vacate their offices as such ;
- (b) all the powers, functions and duties which may, by or under the provisions of this Act, be exercised or discharged by or on behalf of the Board shall, until the Board is reconstituted under sub-section (3), be exercised or discharged by such Administrator ;
- (c) all properties owned and controlled by the Board shall, until the Board is reconstituted under sub-section (3), vest in the State Government.
- (3) On or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the State Government shall reconstitute the Board by fresh appointment of the Chairperson and other Members and in such case, any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for reappointment.
- (4) The State Government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each House of the State Legislature at the earliest.
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28. Direction by State Government.
- (1) In the discharge of its functions, the Board shall be guided by such directions in matters of policy involving public interest as the State Government may give to it in writing.
- (2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the State Government thereon shall be final.
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29. Removal of difficulty.
- (1) If any difficulty arises in giving effect to the provisions of a Municipal Act or rules contained therein or made thereunder as they stand amended by this Act, the State Government may, as occasion arises, by order, take such action, not inconsistent with the provisions of the Municipal Act as amended by this Act, as appears to it to be necessary for the purpose of removing such 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 such order made under sub-section (1) shall be laid, as soon as may be, after it is made before each House of the State Legislature.
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30. Amendment of certain enactments.
The enactments specified in the Schedule appended to this Act shall stand amended in the manner and to the extent specified therein.
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31. Repeal of Mah. Ord. XI of 2011 and saving.
- (1) The Maharashtra Municipal Property Tax Board Ordinance, 2011 (Mah. Ord. XI of 2011), is hereby repealed.
- (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the said Ordinance, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of this Act.
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