Chapter II ESTABLISHMENT AND CONSTITUTION OF THE AUTHORITY

3. Establishment of the 1[Mumbai Metropolitan Region Development Authority].- (1) As soon as may be after the commencement of this Act, the State Government shall by notification in the Official Gazette, establish, for the purposes of this Act an authority to be called "The 2[Mumbai Metropolitan Region Development Authority"] hereinafter referred to as "the Metropolitan Authority" or "the Authority".

1. (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 aforesaid.
2. (3) The Metropolitan Authority shall be deemed to be a local authority within the meaning of the term "local authority" as defined in the Bombay General Clauses Act, 1904 (Bom. I of 1904).

1[4. Composition of the Metropolitan Authority.- (1) On and from the date of commencement of the Bombay Metropolitan Region Development Authority (Amendment) Act, 1983 (Mah. XXX of 1983), in place of the existing members, the Metropolitan Authority shall consist of the following members, namely :-

1. (i) The Minister for Urban Development;
2. (ii) The Minister for Housing;
3. (iii) The Minister of State for Urban Development;
4. (iv) The 2[Mayor of Mumbai;]
5. (v) The Chairman, Standing Committee, Municipal Corporation of 3[Brihan Mumbai]; (vi), (vii) and (viii) three Councillors of the Municipal Corporation of 4[Brihan Mumbai], elected by the Corporation, the election being held by ballot according to the system of proportional representation by means of the single transferable vote ;
6. (ix) and (x) two members of the Maharashtra Legislative Assembly, representing constituencies falling, wholly or partly, within the limits of the 5[Mumbai Metropolitan Region], to be nominated by the State Government;
7. (xi) one member of the Maharashtra Legislative Council, to be nominated by the State Government;
8. (xii) The Chief Secretary to the Government of Maharashtra;
9. (xiii) The Municipal Commissioner of the Municipal Corporation of 6[Brihan Mumbai] ;
10. (xiv) The Secretary to the Government of Maharashtra, Urban Development Department ;
11. (xv) The Secretary to the Government of Maharashtra, Housing Department ;
12. (xvi) The Managing Director, City and Industrial Development Corporation of Maharashtra ;
13. (xvii) The Metropolitan Commissioner.

1. (2) The Minister for Urban Development shall be the Chairman, and the Metropolitan Commissioner shall be the Member-Secretary, of the Authority.
2. (3) With effect from the date of commencement of the said Act, 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 elected or 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.
3. (4) The State Government may, from time to time, by notification in the Official Gazette, publish the names of members, who are elected under clauses (vi), (vii) and (viii) or nominated under clauses (ix), (x) and (xi) of sub-section (1).
4. (5) The members shall receive such allowances as may be determined by regulation 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 members. Such regulation shall require the previous approval of the State Government.
5. (6) Where a person becomes or is elected or nominated or appointed 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.
6. (7) A member of the Authority, other than ex-officio members, may, at any time, by writing under his hand addressed to the Chairman, resign his office.
7. (8) No act or proceeding of the Metropolitan Authority, or of any Committee or other body 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 or body 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 or body, 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.
2. (2) (a) Subject to the provisions of sub-section (1), the Metropolitan Commissioner shall be the Chief Executive Officer of the 1[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 or 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 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 11.]

1. (1) The Metropolitan Authority shall meet at least once in three 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 regulations. 1[(2) The Chairman shall preside at the meetings of the Authority. In the absence of the Chairman, at any meeting, any other member of the Authority elected by the members present at the meeting shall, preside at such meeting.]
2. (3) A member of the Authority, who has 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.
3. (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 shall be final.

[Constitution and powers of Standing Committee.] Deleted by Mah. 30 of 1983, s. 4.

1[7. Constitution and powers of Executive Committee].- (1) There shall be an Executive Committee of the Authority, consisting of the following members, namely:-

1. (i) the Chief Secretary to Government;
2. (ii) the Metropolitan Commissioner;
3. (iii) the Secretary to Government, Urban Development Department ;
4. (iv) the Secretary to Government, Housing Department ;
5. (v) the Municipal Commissioner, 2[Mumbai Municipal Corporation] ;
6. (vi) the Managing Director, City and Industrial Development Corporation of Maharashtra ; (vii), (viii) and (ix) three members who are experts in the field of urban planning and development, to be appointed by the State Government.

1. (2) The Chief Secretary shall be the Chairman of the Executive Committee. He shall appoint a suitable person to be the Secretary of the Executive Committee.
2. (3) The Executive Committee shall exercise the following powers and perform the following duties, namely :-
   • (i) appointment of the staff;
   • (ii) planning and implementation of 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 of the Authority ;
   • (iv) grant of permission or refusal of permission, on behalf of the Authority, under sub-section (3) of section 13;
   • (v) investment of surplus moneys of 3[the Mumbai Metropolitan Region Development Fund];
   • (vi) institution, conduct and withdrawal of any legal proceedings on behalf of the Authority ; 4[(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].
3. (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.1 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.]

1[7A. Authentication of orders etc., of Authority 2[and Executive Committee].- All proceedings of the Authority 3* * * * and the Executive Committee shall be authenticated by the signature of the Chairman of the Authority, 4* * * * or the Executive Committee, as the case may be, or of any member thereof authorised by the Chairman in this behalf, and all other orders and instruments of the Authority shall be authenticated by the Metropolitan Commissioner or 5[the Secretary of the Executive Committee] or by any other officer of the Authority authorised by the Metropolitan Commissioner in this behalf.]

[Constitution and powers of the Functional Boards.] Deleted by Mah. 30 of 1983, s. 7.

9. Constitution of 1* * Committees.- (1) The Metropolitan Authority may constitute 2* * * * 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 3* * committee such powers as the Metropolitan Authority may specify by regulations.

1. (2) The 4* * * committees constituted under this section shall meet at such place and at such time, time, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations.
2. (3) The members of the5* * committees may be paid such allowances for meeting the personal expenditure in attending the meetings and for attending to any other work of the 6* * committees, as may be provided by regulations.

1. (1) Notwithstanding anything contained in any other law for the time being in force, a member (including the Chairman or Vice-Chairman of the Authority or any of its Committees or boards) 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, board 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 or boards.
2. (2) In Schedule I to the Bombay Legislature Members (Removal of Disqualifications) Act, 1956 (Bom. LII of 1956), after entry 15, the following entry shall be added, namely :- "16. The office of the member (including the Chairman or Vice-Chairman) of the Authority constituted under 1[the Mumbai Metropolitan Region Development Authority Act, 1974 (Mah. IV of 1975)] or of any of its Committees or Boards constituted under that Act."

1[10A. Provision for inviting Government and local authority officers to assist or advise.- The Authority, 2[or the Executive Committee] may invite any officer of 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].