Procedure for determining charge.

1. (1) When it appears to the Commissioner that an improvement or a clearance scheme or a re-development scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Commissioner shall make a report to 6[the Improvements Committee] to that effect and 7[the Improvements Committee] considering the report may by resolution declare the date on which for the purpose of determining the amount of the betterment charge the execution of the scheme shall be deemed to have been completed.
2. (2) The betterment charge leviable in each case shall be determined in accordance with section 354UB after following the procedure prescribed in sub-section (3) by such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf at the request of the Corporation.
3. (3) On a date being fixed under sub-section (1) and an officer being appointed under sub-section (2), the Commissioner shall, in consultation with such Officer serve upon every person on whom a notice in respect of the property affected has been served under sub-section (2) of section 354G or under sub- section (2) of section 354UA a notice, which shall state— This heading and sections 354UA, 354UB and 354UC were inserted by Bom. 34 of 1954, s. 20. These words were substituted for the words “in the opinion of the Mayor-in-Council be increased in value, the Commissioner may, as decided by the Mayor-in-Council, declare” by Mah. 27 of 1999, s. 144(a). These words were substituted for the words, “the Member-in-charge” by Mah. 27 of 1999, s. 144(b). These words were substituted for the words, “Member-in-charge” by Mah. 27 of 1999, s. 144(c)(1). These words were substituted for the words “as he thinks fit,” by Mah. 27 of 1999, s. 144(c)(2). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s.145(a). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s.145(a).

298 The Mumbai Municipal Corporation Act [1888 : III

1. (a) the date declared by 1[the Improvements Committee] under sub-section (1) as aforesaid;
2. (b) the time (being some time not less than twenty-one days after the service of the notice) and place at which the assessment of the betterment charge will be considered by such officer, and every person upon whom such notice is served shall be entitled to be heard either in person or by a duly authorised agent when the matter is taken into consideration by such officer.

1. (4) When such officer has determined the amount of betterment charge leviable in respect of any property, the Commissioner shall serve upon the person concerned a notice stating the amount so determined.
2. (5) With effect from the date of service of the notice under sub-section (4) and subject to the decision upon any reference made to the Tribunal as hereinafter provided in sub-section (6), the amount of the betterment charges determined as aforesaid and interest thereon, if any, shall be a charge upon the property in respect of which it is levied and shall be recoverable in the same manner as expenses declared to be improvement expenses under section 494.
3. (6) If any person or the Commissioner is dissatisfied with the betterment charge determined by the said officer, he may, at any time within two months from the date of service of notice under sub-section (4) refer the case for the determination of the Tribunal constituted under section 354SA, whose decision shall be final.
4. (7) If no reference is made to the Tribunal for the determination of the betterment charge within the period specified in sub-section (6), the determination of a betterment charge by the officer appointed by the State Government in this behalf shall be final.