1997 : Mah. XXIV] 1
THE MUMBAI METROPOLITAN REGION SPECIFIED COMMODITIES MARKETS
(REGULATION OF LOCATION) (ENACTMENT OF BYE-LAWS WITH RETROSPECTIVE
EFFECT TO PROVIDE FOR LEVY AND COLLECTION OF THE REGISTRATION FEE
AND MARKET FEE AND VALIDATION AND CONTINUANCE) ACT, 1997
[Text as on 28th March 2025]
________________
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Enactment of bye-laws with retrospective effect to levy and collect registration and market fees.
3. Validation of fees levied and collected by Market Committee.
4. Repeal of Mah. Ord. III of 1997.
1
2 The Mumbai Metropolitan Region Specified Commodities [1997 : Mah. XXIV
Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation and Continuance) Act, 1997
2
1997 : Mah. XXIV] The Mumbai Metropolitan Region Specified Commodities 3 Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation and Continuance) Act, 1997
MAHARASHTRA ACT No. XXIV OF 19971
[THE MUMBAI METROPOLITAN REGION SPECIFIED COMMODITIES MARKETS
(REGULATION OF LOCATION) (ENACTMENT OF BYE-LAWS WITH RETROSPECTIVE
EFFECT TO PROVIDE FOR LEVY AND COLLECTION OF THE REGISTRATION FEE AND
MARKET FEE AND VALIDATION AND CONTINUANCE) ACT, 1997.]
[This Act received the assent of the Governor on the 25thApril 1997; assent was first published in the Maharashtra Government Gazette, Extraordinary No. 54, Part IV, on the 25thApril 1997.]
An Act to enact bye-laws with retrospective effect to provide for levy and collection of the registration fee and the market fee under the provisions of the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983 and to make certain validating provisions.
WHEREAS the Governor of Maharashtra promulgated the Bombay Metropolitan Region Specified Commodities (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation) Ordinance, 1996 (Mah. Ord. XVI of 1996) (hereinafter referred to as "the said Ordinance"), on the 10thOctober 1996; AND WHEREAS thereafter the winter session of the State Legislature was convened on the 9th December 1996 and the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation) Bill, 1996 (L. A. Bill No. XLVIII of 1996), for converting the said Ordinance into an Act of the State Legislature was introduced in the Legislative Assembly on the 9thDecember 1996, but it could not be passed during the said session which prorogued on the 20thDecember 1996;
AND WHEREAS as provided under article 213 (2)(a) of the Constitution of India, the said Ordinance would have ceased to operate after the 19thJanuary 1997, on which date the period of six weeks from the date of re-assembly of the State Legislature was to expire; AND WHEREAS it was expedient to take immediate action 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; and, therefore, promulgated the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation and Continuance) Ordinance, 1997 (Mah. Ord. III of 1997) on 17thJanuary 1997;
AND WHEREAS it is expedient to replace the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation and Continuance) Ordinance, 1997 (Mah. Ord. III of 1997), by an Act of the State Legislature; It is hereby enacted in the Forty-eight Year of the Republic of India, as follows :—
1. Short title and Commencement.— (1) This Act may be called the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation and Continuance) Act, 1997.
(2) It shall be deemed to have come into force on the 10thOctober 1996.
1 For Statement of Objects and Reasons of the L. A. Bill No. X of 1 997, see Maharashtra Government Gazette, 1 997, Extraordinary No. 33, Part VIII, dated the 18thMarch 1997, pages 316-317.
3
4 The Mumbai Metropolitan Region Specified Commodities [1997 : Mah. XXIV
Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation and Continuance) Act, 1997
2. Enactment of bye-laws with retrospective effect to levy and collect registration and market fees.— The following bye-laws to provide for levy and collection of the registration fee and the market fee for common services, amenities and facilities provided or arranged within the area of the Bombay Metropolitan Region Iron and Steel Market Committee, Kalamboli, Navi Mumbai (hereinafter referred to as "the said Market Committee") and the market yard, during the period commencing on the 1stFebruary 1988, and ending on the 23rdApril 1995, shall be deemed to be duly and validly made by the said Market Committee under section 69 read with sub-section (3) of section 5 and section 34 of the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983 (Mah. XLII of 1983), on the 1stFebruary 1988, namely :—
"1. Title, Commencement and Application.— (1) These bye-laws may be called the Bombay Metropolitan Region Iron and Steel Market Committee, Kalamboli, Navi Mumbai (Levy and Collection of Registration Fee and Market Fee) Bye-laws, 1988.
(2) They shall come into force on the 1stFebruary 1988.
(3) They shall apply for the levy and collection of the registration fee and market fee, for the period commencing from the 1stFebruary 1988 and expiring on the 23rdApril 1995.
2. Definition.— In these bye-laws, unless the context otherwise requires,—
(a) "Act" means the Mumbai Metropolitan Region Specified Commodities Markets (Regulation of Location) Act, 1983;
(b) "Market Committee" means the Bombay Metropolitan Region, Iron and Steel Market Committee, Kalamboli, Navi Mumbai, constituted under section 4 of the Act.
3. Registration fee.— (1) An application for Registration with the Market Committee, shall be made by the traders lawfully engaged in the specified trade within the market area, to the Chief Executive Officer of the Market Committee.
(2) A registration fee of rupees 100 till the 31stDecember 1990; and thereafter of rupees 200, per application, shall be charged for such registration.
4. Levy and collection of market fee.— (1) There shall be levied and collected from every person carrying on specified trade in Iron and Steel and holding any premises whether as a lessee or otherwise in the market yard, on the basis of the area of the plot, shop, office premises, godown or open space, a fee at the rate specified in the Table below, per annum, for the common services, amenities and facilities provided by the Market Committee.
TABLE
Serial Number Area Market Fee Per Square Meter
1 Upto 5,000 Square metres . . . . Rupees 9.00 2 5,001 to 1,00,000 Square metres . . . . Rupees 7.50 3 1,00,001 Square metres and above . . . . Rupees 6.00
(2) If the market fees levied and demanded are not paid within the period specified for making such payment, the Chief Executive Officer of the Market Committee may also charge such delayed payment charges, as may be decided by him."
3. Validation of fees levied and collected by Market Committee.— Notwithstanding anything contained in the Mumbai Metropolitan Specified Commodities Markets (Regulation of Location) Act, 1983 (Mah. XLII of 1983) or in any judgement decree or order of any court, any registration fee or market fee levied and collected including any action (taken or things done) in pursuance of such levy and collection, by the said Market Committee acting or purporting to act under the provisions of the
4
1997 : Mah. XXIV] The Mumbai Metropolitan Region Specified Commodities 5 Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of the Registration fee and Market fee and Validation and Continuance) Act, 1997 said Act, during the period commencing on the 1stFebruary 1988 and ending on the 23rdApril 1995, in so far as it is in accordance with the bye-laws 3 and 4 of the bye-laws made under section 2 of this Act, shall be deemed to be and shall be deemed always to have been, validly levied and collected in accordance with law as if the said bye-laws 3 and 4 had been continuously in force at all material times and accordingly,—
(a) all actions, proceedings or things done or taken by the said Market Committee, or any of its officers or servants in connection with the levy and collection of such fees shall, for all purposes, be deemed to be and have always been done or taken in accordance with the provisions of the said Act;
(b) no suit or other proceedings shall be maintainable or continued in any court, against the said Market Committee or any of its officers or servants for the refund of the registration fee or market fee so levied and collected;
(c) no court or any other authority shall enforce any decree or order directing the refund of any registration fee or market fee.
4. Repeal of Mah. Ord. III of 1997.— (1) The Bombay Metropolitan Region Specified Commodities Markets (Regulation of Location) (Enactment of bye-laws with retrospective effect to provide for levy and collection of Registration fee and Market fee and Validation and Continuance) Ordinance, 1997 (Mah. Ord. III of 1997) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of this Act.
5