Chapter IV POWERS AND FUNCTIONS OF THE AUTHORITY

1[(1) The main object of the Authority shall be to secure the development of the Bombay Metropolitan Region according to the Regional Plan, and for that purpose the functions of the Authority shall be-

1. (a) review any physical, financial and economical plan;
2. (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 ;
3. (c) formulate and sanction for the development of the Metropolitan Region or any part thereof;
4. (d) execute projects and schemes2* * * * * * ;
5. (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 ;
6. (f) participate with any other authority for inter-regional development ;
7. (g) finance any project or scheme for the development of the Metropolitan Region ;
8. (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 3[the Mumbai Metropolitan Region Development Fund];
9. (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;
10. (k) prepare and implement schemes for providing alternative accommodation and for rehabilitation of persons displaced by projects and schemes which provide for such requirements;
11. (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.]

1. (2) Notwithstanding anything contained in the Maharashtra Regional and Town Planning Act,1966 (Mah. XXX VII of 1966), or any other law for the time being in force, the Authority may at any time undertake a revision of the Regional Plan for the Metropolitan Region or any part thereof prepared under the said Act, and shall for this purpose have all the powers of a Regional Planning Board constituted under section 4 of that Act, and undertake such revision in accordance with the provisions of that Act.
2. (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.

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 1[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. 2[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 authorised 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 subsection (3), may, within 30 days, appeal against such decision to the State Government, whose decision shall be final : 3[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 4[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.

1. (1) Notwithstanding anything contained in any other law for the time being in force, the Metropolitan Authority may give such directions 1[2[to any local authority, or other authority or person] with regard to the implementation of any development project or scheme financed under section 12, as it thinks fit,] and 3[any such authority or person] shall be bound to comply with such directions.
2. (2) Where any direction is given to any authority 4[or person] under sub-section (1), such authority 5[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 6[clause (i)] of sub-section (1) of section 12 as may be necessary to ensure that each development project or scheme is executed in the interest of the overall development of the Bombay Metropolitan Region, and in accordance with any plan, project or scheme duly approved under any law for the time being in force or by the State Government.

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 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 14 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, with the sanction of the State Government, itself undertake any works 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 the concerned authority.
2. (2) The Metropolitan Authority may also undertake any work in the Region 1[of 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. 2[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 purpose of sub-sections (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 : Provided that, before entering upon any land, the Metropolitan Authority shall give notice of its intention to do so in such manner as may be specified in the regulations.

1[16A. Power of Metropolitan authority to subscribe to the share capital of certain companies or co-operative societies or to contribute to the corpus of certain trusts or societies.- The Metropolitan Authority may, with the previous sanction of the State Government and subject to such terms and conditions, as the State Government may impose.-

1. (i) subscribe to the share capital of any public limited company incorporated under the Companies Act, 1956 (1 of 1956) or a Co-operative society, with limited liability registered under the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961); or
2. (ii) contribute to the corpus of a trust created under the Indian Trusts Act, 1882 (2 of 1882), or public trust registered under the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950), or a society registered under the Societies Registration Act, 1860 (21 of 1860), which are incorporated or registered and promoted by the Metropolitan Authority 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 percent of the net income of the Authority in the last preceding year.]

1[17. Power of Authority to provide amenity within Brihan Mumbai.- (1) Notwithstanding anything contained in this Act or the Mumbai Municipal Corporation Act (Bom. III of 1888) or any other law for the time being in force, the Authority may, in consultation with the Municipal Commissioner of the Brihan Mumbai Municipal Corporation, prepare any project or scheme with a view to provide an infrastructure within the territorial limits of the Brihan Mumbai Municipal Corporation and execute the same. Explanation.- For the purposes of this section, the term "infrastructure" shall also 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 and shall not include other items specified in sections 61 and 63 of the Mumbai Municipal Corporation Act (Bom. III of 1888).

1. (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 and the Corporation, respectively, under the Mumbai Municipal Corporation Act (Bom. III of 1888) and the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXX VIl of 1966), and shall, respectively, exercise the powers of the Municipal Commissioner and the Corporation under the said Acts.
2. (3) Notwithstanding anything contained in the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVII 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 all the powers and discharge all the duties of the concerned Slum Rehabilitation Authority under the said Act, for the said purposes.
3. (4) Notwithstanding anything contained in section 20 of the Bombay Motor Vehicles Tax Act, 1958 (Bom. 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 scheme and expenses incurred for collection thereof. Explanation.- For the purposes of this 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 Bombay Motor Vehicles Tax Act, 1958 (Bom. LXV of 1958).]