THE BOMBAY LOCAL AUTHORITIES CENSUS EXPENSES CONTRIBUTION ACT, 1950

Bombay Act No. XXII of 1950

[May, 1950]

Adapted and modified. by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

Amended by Bom. 68 of 1959

Adapted and modified by the A.O. 1960.

An Act to provide for contribution by local authorities to census expenses

Whereas it is expedient to make provision for contribution by local authorities of a portion , of the expenses incurred in connection with the taking of any census in the State of Bombay and for certain other purposes hereinafter appearing; It is hereby enacted as follows :

With a view to securing uniformity of law throughout the State of Bombay it was proposed to extend the Bombay Local Authorities. Expenses Contribution Act, 1950, as in force in the pre-Reorganisation State of Bombay excluding the transferred territories to the remaining areas of the re-organised State of Bombay and to repeal the corresponding law in force in the Vidarbha Mah. 68 of 1959, vide Statement of Objects& Reasons.

SECTION 01: SHORT TITLE AND EXTENT

(l) This Act may be called the Bombay Local Authorities Census Expenses Contribution Act, 1950.

(2)It extends to the whole of the State of Maharashtra}.

SECTION 02: DEFINITIONS

In this Act, unless there is anything repugnant in the subject or context,

(1) “Census Act” means the Census Act, 1948;

(2) “census” means a census taken in accordance the provisions of the Census Act,

(3) “prescribed” mean( prescribed by rules made under this Act.

SECTION 03: CONTRIBUTION BY LOCAL AUTHORITIES

(1) Notwithstanding anything contained in any enactment in regard to the funds of any local authority,, the .State Government may direct that such portion of any expenses as may be prescribed, incurred for anything done, in accordance with the census. Act or the rules made thereunder, may be charged to the funds of any local authority constituted for and on behalf of the area within such expenses were incurred.

(2) The directed to be charged under sub (1) shall be computed and paid in the prescribed manner.

SECTION 04: OBLIGATION OF LOCAL AUTHORITY TO GIVE ASSISTANCE

Every local authority shall be bound to give such assistance in connection with census as it may be called upon to give by an order made under Section of the Census Act.

SECTION 05: POWER TO ENFORCE ORDERS

If the State Government after receiving a report from the District Magistrate or the Superintendent of Census Operations is satisfied that a local authority has failed to make payment of the expenses or costs as required by under Section 3 of this Act or S16 of the Census Act or has made default in performing any duty imposed upon it by or under this Act or the census Act, the State Government may make such order or take such steps as it may consider expedient for securing the payment of such expenses or costs or the performance of such duty, as the case maybe.  .           .

SECTION 06: RULES

(l) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) the portion of the expenses incurred in connection with the taking of a census which may be charged under this Act to the funds of any local authority;

(b) the manner in which the sums charged under this Act shall be computed and paid;

(c) the manner in which and the extent to which any duty in connection with the taking of a census shall be performed by a local authority

[(3) All rules made by the State Government under this section shall laid before each House of the State Legislature as soon as may be after they are made, and shall be subject to suck modifications as the State Legislature may make during the session which they are so laid or the session immediately following]

THE MAHARASHTRA LOCAL AUTHORITIES, CENSUS EXPENSES CONTRIBUTION RULES, 1989

Dated the 29th December, 1989

1. Short title extent and application:

(l) These rules may be called the Maharashtra Local Authorities Census Expenses Contribution Rules, 1989.

(2) They shall e to the whole of the State of Maharashtra.

(3) They shall apply to the census of 1991.

2. Definition:

These rules, unless the context otherwise requires

(a) “Municipal Corporation” means a Corporation constituted under the Bombay Municipal Corporations Act (Bom. 111 of 1888), the Bombay Provincial Municipal Corporations Act, 1949 (Bow. LIX of 1949), or the City of Nag Corporation Act, 1948,(C.P. and Berar 11 of 1950);

(b) “Zilla Parishad” means a Zilla Parishad, constituted under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961

(Mah.V of1962

(c) “Municipal council” means a Municipal Council constituted under the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965).

3. Portion of expenses to be charged to Municipal Corporations and Municipal Councils:

The portion of expenses which shall be charged to the funds of a Municipal Corporation or a Municipal Council shall be one half of the total expenses incurred, whether before or after the coming into force of these rules, in connection with the taking of the census in all its stages within the limits of the Municipal Corporation or, as the case may be, the Municipal Council.

4. Portion of expenses to be charged to Zilla Parishads:—The portion of e which shall be charged to the funds of a Zilla Parishad shall be a sum calculated at the rate of Rs. 250 for each Block or part thereof comprised within the limits of the area of the Zilla Parishad In connection with the taking of census in all its stages within the limits of such Block of part thereof.

5. Repeal and saving:—The Maharashtra Local Authorities Census Expenses Contribution Rules, 1979, are hereby repealed except as regards things done or omitted to be done under those rules.