Section 205 of The Mumbai Municipal Corporation Act — Amended. by Mah. 33 of 2007

(1-3-2008)

Mah. Ord. XXVIII of 2001, Mah. Ord. XXXII of 2001, Mah. Ord. XXXIV of 2001 and Mah. Ord. XXXVII of 2001 were repealed by Mah. 8 of 2002. Sub-section (2) of section 1, and section 23 of Mah. 8 of 2002 reads as under :— “(2) (i) Sections 2, 3, 5(ii), 6, 8(a), 9, 11 and 13 to 20 and 23 (i) of this Act shall be deemed to have come into force on the th September 2001,

1. (ii)Section 4 shall be deemed to have come into force on the 20 th October 2001,
2. (iii)Sections 5(i), 7, 8(b), 10, 21 and 23(ii) shall be deemed to have come into force on the 7 th November 2001, and
3. (iv)Sections 12 and 22 shall be deemed to have come into force on the 16 th October 2001.”. “23. Power to remove difficulty.— If any difficulty arises in giving effect to the provisions of,—
4. (i)any of the relevant Municipal Law or the Municipal Councils Act as amended by this Act, the State Government or, as the case may be, the State Election Commission, may, by order published in the Official Gazette, give such directions, not inconsistent with the provisions of the relevant Municipal Law or the Municipal Councils Act, as amended by this Act, as may appear to it to be necessary or expedient for the purposes of removing the difficulty ;
5. (ii)any of the relevant Municipal Law or rules contained therein or made thereunder, as they stand amended by this Act, or, as also to any other provision in any of the relevant municipal law or the rules contained therein or made thereunder or by reason of anything contained therein, the State Election Commission may, as occasion arises, by order, take such action as appears to it to be necessary for the purpose of removing such difficulty : Provided that, no order shall be made under this section after the expiry of two years from the commencement of this Act.”. Section 1 and sections 10 to 22 and 30 of Mah. XI of 2002 shall be deemed to have come into force on 1 st April 1999 [vide s. 1(2)(a)]; and sections 5, 6, 40, 45, 46, 47 and 50 of Mah. XI of 2002 were came into force on the 1 st April 2002 and the remaining sections of the said Act came into force on the 14 th February 2002 (vide G. N., U.D.D., No. MMC-1199/218/CR- 29/2002/UD-32, dated the 14 th February 2002, published in the M.G.G., Extraordinary Part IA-Central Sub-section, dated the 14 th February 2002, on pages 14-15). Section 32 of Mah. XI of 2002 reads as under :— “32. Savings.— (1) Notwithstanding the abolition of the tax on vehicles and the deletion of the provisions, relating to such tax, of the Mumbai Corporation Act, by the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2000 (Mah. IX of 2002), all the rules and regulations framed and orders, notifications or notices issued thereunder and in force immediately before the coming into force of the said Amendment Act shall continue to have effect for the purpose of the levy, assessment, collection, refund of such tax or the imposition of any penalty, if such levy, assessment, collection, and refund or penalty relates to vehicles registered before the commencement of the said Amendment Act, or for any other purpose whatsoever connected with or incidental to any of the purposes aforesaid, and the pending proceedings in respect thereof shall be continued and disposed of by the Court or authorities, as if the said Amendment Act had not been enacted.

1. (2)The officers or authorities appointed or notified or delegated with the powers of carrying out the purposes of the provisions amended by the said Amendment Act shall continue to be the officers or authorities competent for the purposes of sub-section (1).”. Vide G.N., U.D. No. BNM. 5005/218/C.R. 43/2005/UD-32, dated 21 st June 2006. Mah. Ord. VII of 2006 was repealed by Mah. 27 of 2006, s. 3. Mah. Ord. XII of 2006 was repealed by Mah. 49 of 2006, s. 6. Mah. Ord. II of 2007 was repealed by Mah. 11 of 2007, s. 13. Vide G.N., U.D. No. BNM. 5006/351/C.R. 79/UD-32, dated 28 th February 2008. Note.- The date mentioned in the bracket indicates the date of commencement of the Act.

48 The Mumbai Municipal Corporation Act [1888 : III