Maharashtra Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Act, 1999.
No: 5 Dated: Jan, 07 2000
THE MAHARASHTRA METROPOLITAN PLANNING COMMTITEES (CONSTITUTION AND FUNCTIONS) (CONTINUANCE OF PROVISIONS) ACT, 1999
ACT No. V OF 2000
An Act to provide for constituting in every Metropolitan area a Metropolitan Planning Committee to prepare a draft development plan for the Metropolitan area as a whole; and to provide for matters connected therewith or incidental thereto.
WHEREAS the Governor of Maharashtra had promulgated the Maharashtra Metropolitan Planning Committees (Constitution and Functions) Ordinance, 1999, on the 29th June 1999 (hereinafter referred to as “ the said Ordinance”);
AND WHEREAS upon the re-assembly of the State Legislature on the 22nd October 1999, a Bill for converting the said Ordinance into an Act of the State Legislature could not be introduced in the Maharashtra Legislative Assembly for want of time as the session of the State Legislature was prorogued on the 23rd October 1999 ; AND WHEREAS as provided by article 213(2)(a) of the Constitution of India, the said Ordinance would have ceased to operate after the 3rd December 1999, the date on which the period of six weeks from the date of re-assembly of the State Legislature would have expired ;
AND WHEREAS it was considered expedient to continue the operation of the provisions of the said Ordinance by law ;
AND WHEREAS both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to continue the operation of the provisions of the said Ordinance, for the purposes hereinafter appearing; and therefore, the said Ordinance was repealed by withdrawal and the Maharashtra Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Ordinance, 1999, was promulgated with retrospective effect that is, with effect from the 29th June 1999, on the 2nd December 1999 ;
AND WHEREAS it is expedient to replace the Maharashtra Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Ordinance, 1999, by an Act of the State Legislature;
It is hereby enacted in the Fiftieth Year of the Republic of India as follows :—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement:- (1) This Act may be called the Maharashtra Metropolitan Planning Committees (Constitution and Functions) (Continuance of Provisions) Act, 1999.
(2) It extends to the whole of the State of Maharashtra excluding the Scheduled Areas declared by the President of India, from time to time, in exercise of the powers conferred by paragraph 6 of the Fifth Schedule to the Constitution of India.
(3) It shall be deemed to have come into force on the 29th June 1999.
2. Definitions:- In this Act, unless the context otherwise requires,—
(a) “article” means the article of the Constitution of India ;
(b) “development plan” means the draft development plan prepared by the Metropolitan Planning Committee under this Act, in consonance with the provisions of article 243-ZE ;
(c) “Metropolitan area” means a Metropolitan area as specified by the Governor under clause (c) of article 243-P ;
(d) “Municipality” means a Municipality as defined in clause (e) of article 243-P ;
(e) “Panchayat” means a Village Panchayat consituted at the village level under the Bombay Village Panchayats Act, 1958 and the Panchayat Samitis and Zilla Parishads constituted at the intermediate and the District level respectively under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 ;
(f) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published;
(g) “prescribed” means prescribed by rules made under this Act.