Mira Bhaindar Municipal Corporation

Mira Bhaindar Municipal Corporation

National Emblem of India

शेवटचा बदल December 30th, 2022 at 09:57 am

Law Department

Department headContact no.E-Mail
 ( Law Officer, Law Department )

 28042224 

law@mbmc.gov.in

INTRODUCTION

Law Department of the Corporation handles the civil matters filed against the Corporation before the Hon’ble Civil Court of Thane, Hon’ble Labour Court, Thane, Hon’ble Consumer Redressal Forum, Hon’ble High Court, Mumbai and Hon’ble Supreme Court, Delhi. Law Department was independently constituted in the year 2005.

FUNCTION AND DUTIES

  • To register the court matters in the Dava Register
  •  To engage Panel Advocate rotation wise
  • To inform concerned department about filing of matters and to obtain instructions in respective matters
  • To finalise the draft Say or Written Statement, Affidavit-in-Reply as per instructions provided by concerned department and to get it file in the concerned matters.
  • To update the record of the Law Department
  • To intimate the passing of any order to the concerned department for further action
  • To follow the court matters filed against/by Corporation
  • To complete the procedure for payment of professional fees of Panel Advocate
  •  To file Caveat as per instructions of concerned department
  •  To file Vakalatnama, Appeals, Civil Applications, Writ Petitions etc.
  •  To update the website of law department
  •  To give opinion as per Commissioner’s directions
  •  Legal Advisor on PCPNDT Committee
  •  To complete the procedure of framing Rules, Regulations, Bye–Laws and Standing Orders in accordance Maharashtra Municipal Corporation Act, 1949.
Budgetary Provision
  • • In the year 2022-23 the sanctioned amount is Rs. 60,00,000/-
  • • The amount used in the year 2022-23 is Rs. 32,16,182/-
HIERARCHY OF LAW DEPARTMENT

Hon’ble Commissioner

   ↓

 Dy. Commissioner

   ↓

Law Officer

   ↓

Law Officer

   ↓

Clerk / Computer Operator cum Clerk

   ↓

Peon

अनु No.

Designation

Legal Provision Provision

Responsibilities and Duties

1)

Deputy Commissioner (M)

 

 

 

Maharashtra Municipal Corporation Act Section 1949

  1. To supervise the working of the Legal Department
  2. Acting as Appellate Authority
  1. To supervise the working of the Legal Department
  2. Acting as Appellate Authority

2)

Law Officer

 

  1. Defending legal disputes filed against the Municipal Corporation/ Commissioner/ Officers
  2. To supervise the day-to-day functioning of the Legal Department
  3. If the legal department receives the summons of the claims filed against the municipal corporation from the court, informing the concerned department and asking for information regarding the issue in the claim
  4. Forwarding the information received to Municipal Panel Advocate.
  5. After checking the written statement/affidavit prepared by the municipal panel advocate, in accordance with the information provided by the concerned department, as per the changes suggested by the concerned department, make necessary corrections and modifications in it and send it to the concerned department for finalization and signature
  6. Filing of written statements and follow up of court cases in coordination with municipal panel advocate regarding claims.
  7. To communicate the orders passed by the court in suits to the concerned department during the proceedings
  8. To give opinion if requested by various departments of the Municipal Corporation and to draft orders in special cases by various departments with the approval of the Commissioner.
  9. Preparation of contracts for development works in various departments.
  10. In important court cases attending Courts and Briefing Municipal Panel Advocate/Senior Counsel.
  11. P. C. P. N. D. T. - To look after the affairs and attend the meetings as an advisory member of Municipal Committee established under the Act.
  12. To look after the work of the Women Sexual Grievance Redressal Committee established under the Municipal Corporation.
  13. To act as a member under the Corruption Grievance Redressal Committee
  14. Acting as a member of the Employee’s Suspension Review Committee
  15. Drafting of Rules, bye-laws and correspondence with the concerned departments as well as the Government
  16. Appointment of advocates to Municipal Panels under section 481 (1) (c) of the Maharashtra Municipal Corporation Act to defend in judicial cases filed against the Municipal Corporation or Commissioners/ Officers/ Officers/Employees and to fix payment of advocates appointed under section 481 (1) (h) with the approval of the Deputy Commissioner and Municipal Commissioner and paying their dues accordingly.
  17. To update the information of claims filed against/through the Municipal Corporation in the computerized command system developed for the Legal Department
  18. Filing of appeal against orders passed against Municipal Corporation
  19. Finalization of specimens/formats of notices and orders subject to the approval of the Deputy Commissioner
  20. If the case goes to court, follow up on behalf of the Municipal Corporation to vacate the order, and if the order is vacated, inform the Head of Department, Encroachment Department/Division Officer for further action.
  21. If the concerned department informs the legal department about the issue of notice, filing a caveat so as not to go to court and obtain a stay order
  22. Filing of private complaint under the Maharashtra Municipal Corporation Act if informed by concerned dept
  23. Regular follow-up of court cases and disposal of cases at the earliest
  24. Acting as an Information Officer under the Right to Information Act 2005

 

Remarkable performance
  • Legal Case Management software has been developed in the law department for the smooth functioning of the law department and from the year 2000 till now, the record of claims/suit filed against the Municipal Corporation in the Civil Court, Thane is being updated. Also, the said information has been published on the website www.mbmcrti.com
  • Regarding the use of the registered logo of the Municipal Corporation, the policy framed by the department has been approved by the General Body of the Corporation
  • Also, the legal cases filed in the court regarding some important works in the sanctioned development plan of the municipal Corporation have been settled in favor of the municipal Corporation
  • In most of the suits filed regarding the unauthorized constructions, orders have been passed in favour of the Municipal Corporation and accordingly action has been taken against the said unauthorised construction.
  • In most of the claims/suits filed against the Municipal Corporation, written statements were followed up and filed by the Advocate by seeking proper information from the concerned department
  • Record of bills issued to panel advocate of Mira Bhayander Municipal Corporation is being updated on the website of Law Department
  • Most of the claims/suits related to the construction affected by the road widening were settled by filing an Undertaking on behalf of the municipal corporation
  • To settle most of the claims/suits by filing an Undertaking that the construction will be demolished by taking legal action through the Municipal Corporation regarding the unauthorized construction
  • Favourable order passed on 29/05/2020 by the CESTAT reducing the Service tax payable for the period 2015-16 and 2016-17 from Rs. 7,53,93,500/- to Rs. 19,23,991/-.
  • In the year 2020-21, 20 claims/suits have been settled in favour of the Municipal Corporation in civil court Thane.
  • In the year 2020-21, 23 petitions/appeals filed before the High Court of Bombay have been disposed of in favour of the Municipal Corporation in cases.
Law Department Related Cases
Hon’ble District Court Thane

Index.No.

Advocate Name

 

1.

Veena Dhonde

2.

Ashish Gogate

3.

Savita Pethe

4.

Prashant Korgaonkar

5.

Rajashri Bansod

6.

Anita Naik

7.

Megha Banger

8.

Kunda Sawant

Hon’ble High Court Mumbai

Index.No.

Advocate Name

 

1.

Narayan Bubana

2.

Mayuresh Lagu

3.

Sani Punamiya

Hon’ble Supreme Court Delhi

Index.No.

Advocate Name

 

1.

Vinay Naware

2.

Suhas Kadam

Hon’ble Labour Court Thane

Index.No.

Advocate Name

 

1.

Satish Hegade