Section 16 in Bombay Metropolitan Region Development Authority Act, 1974
16. Power of the Metropolitan Authority to execute any plan. - (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)The Metropolitan Authority may also undertake any work in the Region [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. [Such] direction may be issued to the Authority only wherein 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)Where any work is undertaken by the Metropolitan Authority under subsection (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 to in sub-section (1).(4)The Metropolitan Authority may, for the purpose or 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 cuttings trenches;(d)where otherwise the survey cannot be completed and level taken and boundaries marked, to cut down and clear away any fence or jungely:Provided that, before entering upon any land, the Metropolitan Authority shall give notice or its intention to do so in such manner as may be specified in the regulations.[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, -(i)subscribe to the share capital of any public limited company incorporated under the Companies Act, 1956 or a co-operative society, with limited liability registered under the Maharashtra Co-operative Societies Act, 1960; or(ii)contribute to the corpus of a trust created under the Indian Trusts Act, 1882, or a public trust registered under the Bombay Public Trusts Act, 1950, or a society registered under the Societies Registration Act, 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 per cent of the net income of the Authority in the last preceding year.][17. Power of Authority to provide amenity within Brihan Mumbai. - (1) Notwithstanding anything contained in this Act or the Mumbai Municipal Corporation Act 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 incidential for the execution of such infrastructure project or scheme and shall not include other items specified in section 61 and 63 of the Mumbai Municipal Corporation Act."(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 and the Maharashtra Regional and Town Planning Act, 1966, and shall, respectively, exercise the powers of the Municipal Commissioner and the Corporation under the said Acts.(3)Notwithstanding anything contained in the Maharashtra Slum Areas (Improvements, Clearance and Redevelopment) Act, 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.(4)Notwithstanding anything contained in section 20 of the Bombay Motor Vehicles Tax Act, 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 or 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.]
