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).
(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.
(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.
(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).]
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).
(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.
(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.
(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).]
1. This section was substituted by Mah. 5 of 2003, s. 3.