Amendment status not verified — confirm the current text below against the official source.
Amended. by Mah. 27 of 20176 (3-1-2017) 1 Section 3 of Mah. 20 of 2012 reads as under :— “3. Validation.— Notwithstanding anything contained in the principal Act, or in any rules, bye-laws or regulations made thereunder or in any judgment, decree or order of any court, tribunal or any other authority, any levy, demand and collection of premium on account of unearned income and transfer fees or charges or penalty by the corporation during the period commencing on the 22nd June 1993 and ending on the date of commencement of the Mumbai Municipal Corporation (Amendment and Validation) Act, 2011 (Mah. XX of 2012), on further assignment or transfer of leasehold rights by the lessee or transferor of such leasehold rights in respect of the properties of the corporation given on lease, with or without the prior permission of the Commissioner, and any action taken by the corporation therefor, shall be deemed to have been validly levied, demanded, collected or taken and shall be deemed always to have been validly levied, demanded, collected or taken under the principal Act, as amended by the Mumbai Municipal Corporation (Amendment and Validation) Act, 2011 (Mah. XX of 2012) and accordingly no suit, prosecution or other legal proceedings shall lie in any court or before any tribunal or other authority on the ground that, the provisions of the principal Act, prior to such commencement, did not provide for levy, demand and collection of such premium and transfer fees or charges or penalty or action by the corporation. No suit, prosecution or other legal proceedings shall lie or be maintained or continued, in any court or before any tribunal or other authority, for the refund of any such premium and transfer fees or charges or penalty so levied, demanded, collected or for any action taken with effect from the 22nd June 1993.”. 2 Mah. Ord. XIII of 2015 was repealed by Mah. 34 of 2015, s. 3(1). 3 Mah. Ord. XIX of 2015 was repealed by Mah. 43 of 2015, s. 6. Section 5 of the Mah. 43 of 2015 reads as under :— “5. Power to remove difficulty.— (1) If any difficulty arises in giving effect to the provision of the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (III of 1888, LIX of 1949, Mah. XL of 1965) as amended by this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, give such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty : Provided that, no such order shall be made after expiry of the period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.”. 4 Vide G.N., U.D.D., No. SMA. 2015/CR-254/UD-34, dated 16th December 2016. 5 Mah. Ord. XXVI of 2016 was repealed by Mah. 5 of 2017, s. 3. 6 Mah. Ord. I of 2017 was repealed by Mah. 27 of 2017, s. 3. Note.- The date mentioned in the bracket indicates the date of commencement of the Act. 50 The Mumbai Municipal Corporation Act [1888 : III