SCHEDULE

(1) Throughout the Act (including the marginal notes and sub-headings), except as otherwise expressly provided, for the words "Chief Executive Officer", wherever they occur, the word "Commissioner" shall be substituted. (2) Section 4 shall be deleted. (3) In section 5, in clause (9), for the words "Chief Executive Officer for the City" the words "Municipal Commissioner for the City" shall be substituted. (4) In section 45,— (a) for sub-section (1), the following shall be substituted, namely :— "(1) (a) The Commissioner shall from time to time be appointed by the State Government. (b) The Commissioner shall in the first instance hold office for such period not exceeding three years as the State Government may fix and his appointment may be renewed from time to time for a period not exceeding three years at a time." ; (b) in sub-section (2), for the words "He shall" the words, brackets, letter and figure "Notwithstanding the provisions of clause (b) of sub-section (1), the Commissioner shall" shall be substituted. (5) In section 47, for sub-section (1) the following shall be substituted, namely :— "(1) The Commissioner shall receive from the municipal fund such monthly salary and allowances as the State Government may from time to time after consultation with the Corporation determine : Provided that the salary of the Commissioner shall not be altered to his disadvantage during the period for which his appointment has been made or renewed. (1A) The Commissioner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other law for the time being in force and shall not engage in any other profession, trade or business whatsoever : Provided that he may with the sanction of the Corporation serve on any committee constituted for the purpose of any local inquiry or for the furtherance of any object of local importance or interest." (6) In section 48, in sub-section (4), for the words and figures "the minimum prescribed in section 47" the words "the salary for the time being payable to the Commissioner" shall be substituted. (7) In section 49,— (a) above that section, the following sub-heading shall be inserted, namely :— "Other Officers and servants" (b) in sub-section (1), for the words "Deputy Chief Executive Officer" the words "Deputy Municipal Commissioner" shall be substituted. (8) In section 429, in sub-section (1), the words "Chief Executive Officer" shall stand unmodified. 17. Term of office (1) Subject to the provisions of this Act, all Councillors of the Corporation constituted as aforesaid shall hold office for a term of five years commencing from the date on which they have entered on their office, but the said term may be extended by the State Government by notification in the Official Gazette, to a term not exceeding in the aggregate six years for reasons to be stated in the notification : Provided that, before such notification is published in the Official Gazette, the State Government shall invite and consider objections, if any, from persons entitled to vote at ward elections under this Act. (2) Where there is an interval between the expiry of the term or extended term of office of the outgoing Councillors and the date notified for the newly elected Councillors to enter on their office, the outgoing Councillors shall continue to hold office until their successors enter on their office, notwithstanding that their term of office or the extended term of office, as the case may be, has expired : Provided that, the State Government may, by notification published in the Official Gazette, stating the reasons, direct that the outgoing Councillors shall vacate their office on the expiry of their term or extended term of office, as the case may be. In such event, the State Government shall, by like notification, appoint an Administrator to exercise all the powers, perform all the duties and discharge all the functions of the Corporation and the Standing Committee, until the ward elections are held and the newly elected Councillors enter on their office. (3) An outgoing Councillor shall, if otherwise qualified, be eligible for further election. 24. First meeting after general election After every general election, notwithstanding anything contained in this Act, the Commissioner shall call the first meeting of the Corporation on the date specified in the notification issued under section 16, to elect the Mayor, the Deputy Mayor, the Standing Committee and the Special Consultative Committees. 50. Amendment of section 50 of C. P. and Berar II of 1950 In section 50 of the principal Act, in sub-section (1),— (a) for the words “five hundred rupees” the words “one thousand rupees” shall be substituted; (b) in the proviso,— (i) in paragraph (1), for the words “three hundred rupees,” the words “six hundred rupees,” shall be substituted; (ii) in paragraph (2), for the words “one hundred and fifty rupees” and “three hundred rupees” the words “four hundred and fifty rupees” and “six hundred rupees” shall, respectively, be substituted. 22A. Provision for appointment of Administrator after normal term of Councillors expires (1) Notwithstanding anything contained in sub-sections (1) and (2) of section 17 or any other provisions of this Act, where the term of office of five years of the Councillors of the Corporation has expired and the State Government is of opinion that in the changed circumstances the continuance of such Councillors in office is not necessary or expedient, the State Government may, at any time, even during the period the term stands extended under sub-section (1) or (2) of section 17, by order, published in the Official Gazette, direct that— (a) all Councillors of the Corporation (including the Mayor and the Deputy Mayor) shall, as from the date specified in the order, cease to hold and vacate their offices as Councillors or otherwise; and (b) the person appointed by the State Government, from time to time, shall be the Administrator to manage the affairs of the Corporation, during the period from the date specified in the order until the Corporation is reconstituted after the general election and the newly elected Councillors enter on their office. Such general election shall be held within a period of one year, from the date of publication of the order issued under this sub-section in the Official Gazette. (2) During the said period, all the powers and duties of the Corporation and the Standing Committee under this Act or any other law for the time being in force shall be exercised and performed by the Administrator. (3) The Administrator may delegate any of his powers and duties to any officer for the time being serving under the Corporation. (4) The Administrator shall receive such remuneration from the municipal fund, as the State Government may, from time to time, by general or special order, determine. 7. Repeal of Mah. Ord. I of 1981 and saving (1) The Bombay Provincial Municipal Corporations, City of Nagpur Corporation and Maharashtra Municipalities (Amendment) Ordinance, 1981 is hereby repealed. (2) Notwithstanding such repeal, anything done, or any action taken (including any order or appointment or delegation made) under the respective Acts as amended by the said Ordinance shall be deemed to have been done, taken or made as the case may be, under the corresponding provisions of the principal Acts as amended by this Act. 9. Removal of difficulty If any difficulty arises in giving effect to the provisions of any of these Acts as amended by this Act, or by reason of anything contained therein, or in giving effect to any of these Acts in respect of the matters contained in this Act, the State Government may, as occasion arises, by order, do anything which appears to it to be necessary for the purpose of removing the difficulty. 10. Repeal of Mah. Ord. I of 1985 and Savings (1) The Bombay Municipal Corporation, Bombay Provincial Municipal Corporations, City of Nagpur Corporation and Maharashtra Municipalities (Amendment) Ordinance, 1985 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the principal Acts, as amended by the said Ordinance, shall be deemed to have been done, taken or issued as, the case may be, under the Principal Acts amended by this Act. 11. Repeal of Mah. Ord. V of 1990 and savings (1) The Maharashtra Municipal Municipal Corporations (Amendment) Ordinance, 1990, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the respective Acts, as amended by the said Ordinance, or any order issued under the said Ordinance, shall be deemed to have been done or taken, as the case may be, under the corresponding provisions of the relevant Municipal Corporations Acts as amended by this Act or issued under the corresponding provisions of this Act. 14. Amendment of section 14 of C.P. and Berar II of 1950 In section 14 of the City of Nagpur Corporation Act, 1948 (hereinafter referred as "the Nagpur Corporation Act"), in sub-section (1), after the words "a person of who" the following shall be inserted, namely:— "is not less than twenty-one years of age on the last date fixed for making the nominations for any general election or bye-election and". 18. Amendment of section 18 of C.P. and Berar II of 1950 In section 18 of the Nagpur Corporation Act, in sub-section (1), in the proviso, for the word " member " the words " person duly qualified to be Councillor " shall be substituted. 13. Sitting councillors to continue to hold office For the removal of doubt, it is hereby declared that every person elected as a councillor of the Municipal Corporation of Greater Bombay or any of the Municipal Corporations constituted under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 or of the Corporation of the City of Nagpur or of any of the Municipal Councils established under the Maharashtra Municipalities Act, 1965 and holding office as such councillor and has not attained the age of twenty-one years on or before the date of commencement of the Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 1990 shall, unless he resigns, or is disqualified to hold, such office of councillor before the expiry of his term, continue to be such councillor till the expiry of his term, as if the amendments made to the relevant municipal law by the Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 1990 had never been made. 8. Amendment of section 9 of C. P. and Berar II of 1950 In section 9 of the City of Nagpur Corporation Act, 1948 (hereinafter referred to as "the Nagpur Corporation Act"), in sub-section (1), for the brackets and words "(not exceeding one hundred)" the brackets and words "(not exceeding one hundred and forty)" shall be substituted. 72D. Non-application of provisions of section 72C in certain circumstances Nothing in section 72C shall apply to,— (i) sub-judice matters; (ii) cases referred to Lokayukta or Upa-Lokayukta and other Constitutional institutions, Commissions, etc.; (iii) quasi-judicial matters ; (iv) cases related to the Central or other State Governments; (v) cases related to Legislation ; and (vi) cases involving major policy decisions. 53A. Sanction for prosecution of officers and servants of Corporation Notwithstanding anything contained in section 49, 50 or any other provisions of this Act, the Commissioner shall be competent to sanction prosecution of any officer or servant of the Corporation which has been sought by the Police or any other Government agency. The Commissioner shall inform about grant of any such sanction to the Municipal Corporation in the next ensuing meeting of the Corporation. 59-IA. Citizens' Charter (1) The Commissioner shall prepare and publish Citizens' Charter, a list of facilities or services rendered by the office or Department of the Corporation, together with the time limit for providing such facilities or services to the general public, within a period of six months from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010. (2) If no final decision is taken within the period specified in the Citizens' Charter by the concerned authorities, the responsibility for inaction shall be fixed on them and an action mentioned in the relevant Act, rules or regulations shall be taken against them. 59-IB. Delegation of powers (1) The Commissioner shall publish the list of powers delegated to the subordinate officers working under him, for taking final decision. (2) The Commissioner shall determine, as far as possible, four or less number of levels of submission for any matter to reach the concerned Statutory Committee or the Authority competent to take final decision in the matter, in any office or Department in the Corporation. (3) Lists of powers delegated to the subordinate officers and the levels of submission shall be prepared and published within one year from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010, and shall be updated on the 1st April of every succeeding year. 59-IC. Disciplinary action (1) Every Municipal Officer and servant shall be bound to discharge his official duties and the official work assigned or pertaining to him most diligently and as expeditiously as feasible : Provided that, normally no file shall remain pending with any Municipal Officer or servant in any Department or office under the Corporation for more than seven working days : Provided further that, immediate and urgent files shall be disposed of by any Municipal Officer or servant as per the urgency of the matter, as expeditiously as possible, and preferably the immediate file in one day or the next day morning and the urgent file in four days : Provided also that, in respect of the files not required to be referred to any other Department within the Corporation and not required to be submitted to any Statutory Committee, the concerned Department of the Corporation shall take the decision and necessary action in the matter within forty-five days and in respect of the files required to be referred to any other Department but not to any Statutory Committee, decision and necessary action shall be taken within three months. (2) Any willful or intentional delay or negligence in discharge of the official duties or in carrying out the official work assigned or pertaining to such Municipal Officer and servant shall amount to dereliction of official duties and shall make such Municipal Officer or servant liable for appropriate disciplinary action under the relevant disciplinary rules applicable to such employees. (3) The concerned competent authority, on noticing or on being brought to its notice any such dereliction of duties on the part of any Municipal Officer or servant, after satisfying itself about such dereliction on part of such Municipal Officer or servant, shall take appropriate disciplinary action against such defaulting Municipal Officer or servant under the relevant disciplinary rules including taking entry relating to such dereliction of duty in the Annual Confidential Report of such Municipal Officer or servant. 59-ID. Non-application of provisions of section Nothing in section 59-IC shall apply to,— (i) sub-judice matters; (ii) cases referred to Lokayukta or Upa-Lokayukta and other Constitutional institutions, Commissions, etc. ; (iii) quasi-judicial matters ; (iv) cases related to the Central or other State Governments; (v) cases related to Legislation ; and (vi) cases involving major policy decisions. 78A. Citizens' Charter (1) The Chief Officer shall prepare and publish Citizens' Charter, a list of facilities or services rendered by the office or Department of the Council, together with the time limit for providing such facilities or services to the general public, within a period of six months from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010. (2) If no final decision is taken within the period specified in the Citizens' Charter by the concerned authorities, the responsibility for inaction shall be fixed on them and an action mentioned in the relevant Act, rules or regulations shall be taken against them. 78B. Delegation of powers (1) The Chief Officer shall publish the list of powers delegated to the subordinate officers working under him, for taking final decision. (2) The Chief Officer shall determine, as far as possible, four or less number of levels of submission for any matter to reach the concerned Statutory Committee or the Authority competent to take final decision in the matter, in any office or Department in the Council. (3) Lists of powers delegated to the subordinate officers and the levels of submission shall be prepared and published within one year from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010, and shall be updated on the 1st April of every succeeding year. 78C. Disciplinary action (1) Every Municipal Officer and servant shall be bound to discharge his official duties and the official work assigned or pertaining to him most diligently and as expeditiously as feasible : Provided that, normally no file shall remain pending with any Municipal Officer or servant in any Department or office under the Corporation for more than seven working days : Provided further that, immediate and urgent files shall be disposed of by any Municipal Officer or servant as per the urgency of the matter, as expeditiously as possible, and preferably the immediate file in one day or the next day morning and the urgent file in four days : Provided also that, in respect of the files not required to be referred to any other Department within the Council and not required to be submitted to any Statutory Committee, the concerned Department of the Council shall take the decision and necessary action in the matter within forty-five days and in respect of the files required to be referred to any other Department but not to any Statutory Committee, decision and necessary action shall be taken within three months. (2) Any willful or intentional delay or negligence in discharge of the official duties or in carrying out the official work assigned or pertaining to such Municipal Officer and servant shall amount to dereliction of official duties and shall make such Municipal Officer or servant liable for appropriate disciplinary action under the relevant disciplinary rules applicable to such employees. (3) The concerned competent authority, on noticing or on being brought to its notice any such dereliction of duties on the part of any Municipal Officer or servant, after satisfying itself about such dereliction on the part of such Municipal Officer or servant, shall take appropriate disciplinary action against such defaulting Municipal Officer or servant under the relevant disciplinary rules including taking entry relating to such dereliction of duty in the Annual Confidential Report of such Municipal Officer or servant. 78D. Non-application of provisions of section 78C in certain circumstances Nothing in section 78C shall apply to,— (i) sub-judice matters ; (ii) cases referred to Lokayukta or Upa-Lokayukta and other Constitutional institutions, Commissions, etc.; (iii) quasi-judicial matters ; (iv) cases related to the Central or other State Governments; (v) cases related to Legislation ; and (vi) cases involving major policy decisions. 16. Amendment of section 16 of Bom. III of In section 16 of the Mumbai Municipal Corporation Act (hereinafter, in this Chapter, referred to as “the Mumbai Corporation Act”), after sub-section (1), the following sub-section shall be inserted, namely :— “(1-1A) If, a Councillor or a person is found to be guilty of misconduct in the discharge of his official duties, or of any disgraceful conduct while holding or while he was holding the office of the Mayor or, as the case may be, the Deputy Mayor, the State Government may, after giving such Councillor or person a reasonable opportunity of being heard,— (a) disqualify such Councillor to continue as a Councillor for the remainder of his term of office as a Councillor ; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification ; (b) disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification.” 36. Amendment of section 36 of Bom. III of of the Mumbai Corporation Act shall be re-numbered as sub-section (1) thereof; and,— (a) in sub-section (1), as so re-numbered, for clause (t), the following clause shall be substituted, namely :— “(t) the Commissioner or where the Commissioner is unable to attend owing to absence or illness or for any other reasonable cause, an officer not below the rank of the Deputy Commissioner, shall have the same right of being present at a meeting of the corporation and of taking part in the discussions thereat as a Councillor, and with the permission of the Mayor, may at any time make a statement or explanation of facts, but he shall not be at liberty to vote or to make any proposition at such meeting. Where the Commissioner, or any such officer desires to make a statement or explanation of facts at a meeting and the permission as aforesaid is not given, the Commissioner or any such officer shall be entitled to lay a copy thereof on the Table of the House. But when required by the corporation or the Mayor, the Commissioner shall himself attend the meeting of the corporation, unless he is prevented from doing so on account of absence, illness or any other reasonable cause;” ; (b) after sub-section (1), as so re-numbered, the following sub-section shall be added, namely :— “(2) Where, any proposal of the Commissioner requires sanction or approval of the corporation, the corporation shall consider and dispose of any such proposal within ninety days reckoned from the date of the meeting of the corporation held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by the corporation, and a report to that effect shall be made by the Commissioner to the Government and he shall take further action as per the directives of the Government : Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.” 37. Amendment of section 37 of Bom. III of In section 37 of the Mumbai Corporation Act, after sub-section (7), the following sub-section shall be added, namely :— “(8) The Mayor or the Deputy Mayor may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the corporation as specified by or under this Act, and the Mayor or Deputy Mayor so removed shall not be eligible for re-election or re-appointment as Mayor or, as the case may be, Deputy Mayor during the remainder term of his office : Provided that, no such Mayor or Deputy Mayor shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation : Provided further that, removal of the Mayor or Deputy Mayor from the office under this sub-section shall not affect his continuance as a Councillor for the remainder term of his office.” 53B. Removal of Chairman or Deputy Chairman of committees “53B. The Chairman or the Deputy Chairman, if any, of any committee constituted under this Act may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the committee as specified by or under this Act, and the Chairman or Deputy Chairman so removed shall not be eligible for re-election or re-appointment as Chairman or, as the case may be, Deputy Chairman of such committee during the remainder term of his office : Provided that, no such Chairman or Deputy Chairman shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation : Provided further that, removal of the Chairman or Deputy Chairman from the office under this section shall not affect his continuance as a Councillor for the remainder term of his office.” 60A. Amendment of section 60A of Bom. III of In section 60A of the Mumbai Corporation Act, sub-section (3) shall be deleted. 60D. Amendment of section 60D of Bom. III of In section 60D of the Mumbai Corporation Act, sub-section (2) shall be deleted. 69. Amendment of section 69 of Bom. III of In section 69 of the Mumbai Corporation Act, in clause (c),— (a) for the words “ten lakhs but not exceeding rupees fifteen lakhs” the words “fifty lakhs but not exceeding rupees seventy-five lakhs” shall be substituted; (b) for the words “excess of fifteen lakh rupees” the words “excess of seventy-five lakhs rupees” shall be substituted; (c) before the first proviso, the following proviso shall be inserted, namely :— “ Provided that, every contract made by the Commissioner involving an expenditure exceeding five lakhs rupees and not exceeding seventy-five lakhs rupees shall be reported by him within fifteen days after the same has been made to the Standing Committee:”; (d) in the first proviso,— (i) for the words “ Provided that ” the words “ Provided further that ” shall be substituted; (ii) for the words “one crore rupees” the words “seven crore fifty lakhs rupees” shall be substituted; (e) in the second proviso,— (i) for the words “ Provided further that” the words and figures “Provided also that, notwithstanding anything contained in section 64, ” shall be substituted ; (ii) the following Explanation shall be added, namely :— “Explanation.—For the purposes of this clause, the period of “thirty days from the receipt” shall be reckoned from the date of the meeting of the standing committee held immediately after the proposal is received in the office of the Municipal Secretary whether the item pertaining to such proposal is taken on the agenda of such meeting or not.” 70. Amendment of section 70 of Bom. III of In section 70 of the Mumbai Corporation Act, in sub-section (2),— (a) for the words “two members of the standing committee” the words “any two persons from amongst any two members of the standing committee, Municipal Secretary and any officer, not below the rank of Deputy Municipal Commissioner, as may be authorised by the Commissioner” shall be substituted; (b) for the words “the said two members of the standing committee” the words “the said two persons” shall be substituted; (c) for the words “the said members” the words “the said two persons” shall be substituted; (d) in the proviso, the words “in lieu of two members of the standing committee” shall be deleted. 72. Amendment of section 72 of Bom. III of In section 72 of the Mumbai Corporation Act,— (1) in sub-section (1),— (a) for the words “fifty thousand rupees” the words “three lakhs rupees” shall be substituted ; (b) the following proviso shall be added, namely :— “ Provided that, the notice of any tender for contract not exceeding the amount of three lakhs rupees shall be uploaded on the official website of the corporation.”; (2) in the marginal note, for the letters and figures “Rs. 50,000” the words “three lakhs rupees” shall be substituted. 106A. Restrictions on utilisation of funds created by corporation “106A. Notwithstanding anything contained in section 106, except with the prior approval of the State Government, neither any internal loan shall be taken by the corporation from any of the funds created by the corporation nor shall any utilisation of such funds for any purposes other than the purposes for which the funds are created be made by the corporation .” 122. Amendment of section 122 of Bom. III of In section 122 of the Mumbai Corporation Act, in sub-section (1), after the words “public securities” the words “or in bonds or debentures of the Central Government, State Government, Government Undertakings, Government Financial Institutions or Unit Trust of India” shall be added. 129A. Estimates of expenditure and income deemed to be budget estimates “129A. Notwithstanding anything contained in this Act, if for any reason the corporation has not finally adopted the budget estimates before the commencement of the official year to which they relate, the statement of expenditure and income prepared by the Commissioner under section 125 shall be deemed to be the budget estimates for the year until the corporation duly adopts the budget estimates as per the provisions of this Act.” 520B. Amendment of section 520B of Bom. III of In section 520B of the Mumbai Corporation Act, in sub-section (1), after the words “against the interests of the public” the words “or is likely to be against the financial interests of the corporation or against the larger public interest” shall be inserted. 19. Amendment of section 19 of Bom. LIX of In section 19 of the Provincial Corporations Act, after sub-section (5), the following sub-section shall be added, namely :— “(6) The Mayor or the Deputy Mayor may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the Corporation as specified by or under this Act, and the Mayor or Deputy Mayor so removed shall not be eligible for re-election or re-appointment as Mayor or, as the case may be, Deputy Mayor during the remainder term of his office : Provided that, no such Mayor or Deputy Mayor shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation : Provided further that, removal of the Mayor or Deputy Mayor from the office under this sub-section shall not affect his continuance as a Councillor for the remainder term of his office.”. 35A. Exercise of powers and discharge of duties of any committee by corporation If, any committee or special committee under this Act is not constituted at any point of time, or for any reason not in a position to exercise its powers or discharge its duties under this Act, its powers shall be exercised and its duties shall be discharged by the Corporation until such committee is constituted or in a position to exercise its powers or discharge its duties. 35B. Removal of Chairman and Deputy Chairman of committees The Chairman or the Deputy Chairman, if any, of any committee constituted under this Act may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the Corporation as specified by or under this Act, and the Chiarman or Deputy Chairman so removed shall not be eligible for re-election or re-appointment as Chairman or, as the case may be, Deputy Chairman of such committee during the remainder term of his office : Provided that, no such Chairman or Deputy Chairman shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation : Provided further that, removal of the Chairman or Deputy Chairman from the office under the provisions of this section shall not affect his continuance as a Councillor for the remainder term of his office.”. 39A. Appointment of Additional Municipal Commissioners (1) The State Government may create one or more posts of Additional Municipal Commissioners in the Corporation and appoint suitable persons on such posts, who shall, subject to the control of the Commissioner, exercise all or any of the powers and perform all or any of the duties and functions of the Commissioner. (2) Every person so appointed as the Additional Municipal Commissioner shall be subject to the same liabilities, restrictions and terms and conditions of service, to which the Commissioner is subjected to as per the provisions of this Act.”. 43. Amendment of section 43 of Bom. LIX of In section 43 of the Provincial Corporations Act, for sub-section (2), the following sub-section shall be substituted, namely :— “(2) The Commissioner or an officer not below the rank of the Deputy Commissioner present on behalf of the Commissioner shall have the right to speak at, and otherwise take part in, any meeting of the Corporation or any Committee thereof and express his views in the meeting with the permission of the Mayor or the presiding authority of the Committee, but he shall not be entitled to vote or to make any proposition.”. 51. Amendment of section 51 of Bom. LIX of In section 51 of the Provincial Corporations Act,— (a) for sub-section (4), the following sub-section shall be substituted, namely :— “(4) No new posts of the officers and servants of the Corporation shall be created without the prior sanction of the State Government: Provided that, the decision of the Government on a proposal complete in all respects, received from the Corporation for creation of posts shall be communicated to the Corporation within ninety days from the date of the receipt of such proposal by the Government.”; (b) for Explanation, the following Explanation shall be substituted, namely :— “Explanation.— Any revision of pay scale or pay structure or grant of special pay, or grade, or revision of allowances (excluding dearness allowance) or change in designation shall be deemed, for the purposes of sub-section (4), to be the creation of a new post.”. 53. Amendment of section 53 of Bom. LIX of In section 53 of the Provincial Corporations Act,— (a) in sub-section (1),— (i) for the words “whose minimum monthly salary exclusive of allowances is or exceeds four hundred rupees” the words “to the posts equivalent to or higher in rank than the post of the Assistant Municipal Commissioner” shall be substituted ; (ii) in the proviso, for the words “carrying a monthly salary of rupees four hundred or more exclusive of allowances” the words “to the posts equivalent to or higher in rank than the post of the Assistant Municipal Commissioner” shall be substituted; (b) in sub-section (3), in the second proviso, for the words “carrying a monthly salary of more than one hundred rupees exclusive of allowances” the words “carrying a salary equivalent to or higher in rank than the post of Clerk” shall be substituted. 56. Amendment of section 56 of Bom. LIX of In section 56 of the Provincial Corporations Act, in sub-section (1),— (a) in the proviso,— (i) for the words “whose monthly salary, exclusive of allowances exceeds one thousand rupees” the words “holding the post equivalent to or higher in rank than the post of the Assistant Commissioner” shall be substituted; (ii) for the words “Standing Committee” the word “Corporation” shall be substituted; (b) after the proviso, the following Explanation shall be added, namely :— “Explanation.—For the purposes of this section and section 53, a post shall be deemed to be of a rank equivalent to another post if the minimum and maximum pay in the pay scale of both the posts are same. A post shall be deemed to be of a rank higher than another post, if the minimum pay in pay scale of former is at least equivalent to the later, but the maximum is higher than the later. In respect of the pay structure, a post shall be deemed to be of a rank equivalent to, or higher than another post, if the grade pay in pay structure of the former is equivalent to or higher than the later, respectively.”. 73. Amendment of section 73 of Bom. LIX of In section 73 of the Provincial Corporations Act,— (a) for clause (c), the following clause shall be substituted, namely:— “(c) no contract, other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, which will involve an expenditure exceeding rupees twenty-five lakhs but not exceeding rupees fifty lakhs shall be made by the Commissioner, unless the same is previously approved by the Mayor. However, the total amount of all contracts approved by the Mayor shall not exceed rupees two crores and fifty lakhs during a year. Subject to the above, for any contract which involves an expenditure in excess of rupees twenty-five lakhs, the previous approval of the Standing Committee shall be necessary : Provided that, notwithstanding anything contained in Schedule ‘D’, in Chapter II, in rule 3, in clause (k), where the approval of the Standing Committee is sought by the Commissioner for any contract, the Standing Committee shall consider and dispose of the proposal made by the Commissioner in that behalf within fifteen days reckoned from the date of the meeting of the Standing Committee held immediately after the proposal is received by it, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the approval to such contract shall be deemed to have been given by the Standing Committee and a report to that effect shall be made by the Commissioner to the Corporation.”; (b) in clause (d),— (i) for the words “fifty thousand” the words “five lakhs” shall be substituted; (ii) for the words “ten lakhs” the words “twenty-five lakhs” shall be substituted. 79. Amendment of section 79 of Bom. LIX of In section 79 of the Provincial Corporations Act, in clause (g), after the words “to a co-operative society of slum-dwellers”, the following shall be inserted, namely: “or to persons who are dishoused as a result of the implementation of any Development Scheme of the Corporation or to the Co-operative Housing Society formed exclusively by persons who are dishoused as a result of the implementation of any Development Scheme of the Corporation or to any Department or undertaking of the Government of Maharashtra or of the Government of India, for the public purposes or to a public trust exclusively for medical and educational purposes registered under the Bombay Public Trusts Act, 1950; or to a society registered under the Societies Registration Act, 1860 or a Maharashtra Co-operative Societies Act, 1960 or a company registered under the Companies Act, 1956 or any person for the purposes of the provision of public latrines, urinals and similar conveniences or construction of a plant for processing excrementitious or other filthy matters or garbages ”. 92. Amendment of section 92 of Bom. LIX of In section 92 of the Provincial Corporations Act, in sub-section (1), after the words “public securities” the words “or in bonds or debentures of the Central Government, State Government, Government Undertakings, Government Financial Institutions or Unit Trust of India” shall be added. 100A. Estimates of income and expenditure deemed to be budget estimates “100A. Notwithstanding anything contained in this Act, if for any reason the Standing Committee has not laid budget estimates before Corporation, due to which or otherwise the Corporation has not finally adopted the budget estimates before the commencement of the official year to which they relate, the estimates of income and expenditure prepared by the Commissioner under section 95 shall be deemed to be the budget estimates for the year until the Corporation duly adopts the budget estimates as per the provisions of this Act.”. 109A. Restrictions on utilisation of funds created by Corporation “109A. Notwithstanding anything contained in section 109, except with the prior approval of the State Government, neither any internal loan shall be taken by the Corporation from any of the funds created by the Corporation nor shall any utilisation of such funds for any purposes other than the purposes for which the funds are created be made by the Corporation.”. 451. Amendment of section 451 of Bom. LIX of In section 451 of the Provincial Corporations Act, in sub-section (1), after the words “against the interests of the public,” the words “or is likely to be against the financial interests of the Corporation or against larger public interest,” shall be inserted. 30. Amendment of Chapter II of Schedule ‘D’ of Bom. LIX of In Schedule ‘D’ of the Provincial Corporations Act, in Chapter II,— (a) in rule 1, after clause (r), the following clause shall be added, namely :— “ where, any proposal of the Commissioner requires sanction or approval of the Corporation, the Corporation shall consider and dispose of any such proposal within ninety days reckoned from the date of the meeting of the Corporation held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by the Corporation, and a report to that effect shall be made by the Commissioner to the Government and he shall take further action as per the directives of the Government : Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.” ; (b) in rule 3, after clause (j), the following clause shall be added, namely :— “(k) where, any proposal of the Commissioner requires sanction or approval of any committee constituted under the provisions of this Act, the committee shall consider and dispose of any such proposal within forty-five days reckoned from the date of the meeting of the committee held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by such committee and the report to that effect shall be made by the Commissioner to the Corporation : Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.”. 31. Amendment of Chapter V of Schedule ‘D’ of Bom. LIX of In Schedule ‘D’ of the Provincial Corporations Act, in Chapter V,— (a) in rule 1, in sub-rule (2),— (i) for the words “two members of the Standing Committee ” the words “any two persons from amongst any two members of the Standing Committee, Municipal Secretary and any officer not below the rank of Deputy Municipal Commissioner, as may be authorised by the Commissioner” shall be substituted ; (ii) after the words “every contract or other instrument ” the words “other than contract relating to the acquisition of immovable property or interest therein or a right thereto” shall be inserted; (iii) for the words “the said two members of the Standing Committee ” the words “the said two persons” shall be substituted ; (iv) for the words “the said members ” the words “the said two persons” shall be substituted ; (b) in rule 2, in sub-rule (1),— (i) for the words “three thousand ” the words “two lakhs” shall be substituted ; (ii) the following proviso shall be added, namely :— “ Provided that, the notice of any tender for contract below the amount of two lakhs rupees shall be uploaded on the official website of the Corporation.”. 15. Amendment of section 15 of C.P. and Berar II of In section 15 of the City of Nagpur Corporation Act, 1948 (hereinafter, in this Chapter, referred to as “the Nagpur Corporation Act”), after sub-section (1), the following sub-section shall be inserted, namely : “(1A) If, a Councillor or a person is found to be guilty of misconduct in the discharge of his official duties, or any disgraceful conduct while holding or while he was holding the office of the Mayor or, as the case may be, the Deputy Mayor, the State Government may, after giving such Councillor or person a reasonable opportunity of being heard,— (a) disqualify such Councillor to continue as a Councillor for the remainder of his term of office as a Councillor ; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification ; (b) disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification.”. 20. Amendment of section 20 of C.P. and Berar II of In section 20 of the Nagpur Corporation Act, after sub-section (7), the following sub-section shall be added, namely : “(8) The Mayor or Deputy Mayor may be removed from office by the State Government, if he fails to convene two consecutive meetings of the Corporation as specified by or under this Act, and the Mayor or Deputy Mayor so removed shall not be eligible for re-election or re-appointment as Mayor or, as the case may be, Deputy Mayor during the remainder term of his office : Provided that, no such Mayor or Deputy Mayor shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation : Provided further that, removal of the Mayor or Deputy Mayor from the office under this sub-section shall not affect his continuance as a Councillor for the remainder term of his office.”. 25. Amendment of section 25 of C.P. and Berar II of In section 25 of the Nagpur Corporation Act, in sub-section (2), for the word “Commissioner” the words “the Chairman of the Standing Committee” shall be substituted. 38-1A. Deemed sanction “38-1A. (1) Where, any proposal of the Commissioner requires sanction or approval of the Corporation, the Corporation shall consider and dispose of any such proposal within ninety days reckoned from the date of the meeting of the Corporation held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by the Corporation, and a report to that effect shall be made by the Commissioner to the Government and he shall take further action as per the directives of the Government. (2) Where, any proposal of the Commissioner requires sanction or approval of any committee constituted under the provisions of this Act, the committee shall consider and dispose of any such proposal within forty-five days reckoned from the date of the meeting of the committee held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by such committee and a report to that effect shall be made by the Commissioner to the Corporation : Provided that, any such deemed sanction or approval under sub-section (1) or (2) shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.”. 40A. Meetings of Special Consultative Committees and Special Committees and submission of reports “40A. Frequency of the meetings of the Special Consultative Committees and Special Committees, submission of reports and other matters before such committees shall be regulated in the manner as may be prescribed.”. 43A. Exercise of powers and discharge of duties of any committee by Corporation “43A. If, any committee or Special Committee under this Act is not constituted at any point of time, or for any reason not in a position to exercise its powers or discharge its duties under this Act, its powers shall be exercised and its duties shall be discharged by the Corporation until such committee is constituted or in a position to exercise its powers or discharge its duties. 43B. Removal of Chairman and Deputy Chairman of committees The Chairman or the Deputy Chairman, if any, of any committee constituted under this Act may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the committee as specified by or under this Act, and the Chairman or Deputy Chairman so removed shall not be eligible for re-election or re-appointment as Chairman or, as the case may be, Deputy Chairman of such committee during the remainder term of his office : Provided that, no such Chairman or Deputy Chairman shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation : Provided further that, removal of the Chairman or Deputy Chairman from the office under this section shall not affect his continuance as a Councillor for the remainder term of his office.”. 48A. Appointment of Additional Municipal Commissioners “48A. (1) The State Government may create one or more posts of Additional Municipal Commissioners in the Corporation and appoint suitable persons on such posts, who shall, subject to the control of the Commissioner, exercise all or any of the powers and perform all or any of the duties and functions of the Commissioner. (2) Every person so appointed as the Additional Municipal Commissioner shall be subject to the same liabilities, restrictions and terms and conditions of service, to which the Commissioner is subjected to as per the provisions of this Act.”. 49. Amendment of section 49 of C.P. and Berar II of In section 49 of the Nagpur Corporation Act, in sub-section (1), after the words “Deputy Municipal Commissioner” the words “and Assistant Municipal Commissioner” shall be inserted. 51A. Constitution of Staff Selection Committee “51A. (1) There shall be a Staff Selection Committee consisting of the Commissioner or any other officer designated by him in this behalf, the Municipal Chief Auditor, the Head of the Department concerned and one officer nominated by the Commissioner. (2) The Staff Selection Committee shall, in the manner prescribed select candidates for all appointments in the municipal service other than appointments referred to in sub-section (1) of section 53 and other than those which the Corporation may, with the previous approval of the State Government, by order specify in this behalf, unless it is proposed to fill the post from amongst persons already in the municipal service fulfilling the eligibility criteria, of age, qualification and experience, or unless the appointment is of a temporary character and is not likely to last for more than six months. (3) Every authority competent to make appointments in the municipal service shall make appointments of the candidates so selected in accordance with the directions given by the Staff Selection Committee.”. 83. Amendment of section 83 of C.P. and Berar II of In section 83 of the Nagpur Corporation Act, after the words “public securities as the State Government may prescribe in this behalf” the words “or may be invested in bonds or debentures of the Central Government, State Government, Government Undertakings, Government Financial Institutions or Unit Trust of India” shall be added. 90A. Restrictions on utilisation of funds created by Corporation “90A. Notwithstanding anything contained in section 90, except with the prior approval of the State Government, neither any internal loan shall be taken by the Corporation from any of the funds created by the Corporation nor shall any utilisation of such funds for any purposes other than the purposes for which the funds are created be made by the Corporation.”. 407. Amendment of section 407 of C.P. and Berar II of In section 407 of the Nagpur Corporation Act, in sub-section (1), after the words “damage to Municipal funds,” the words “or is likely to be against the financial interests of the Corporation or against the larger public interest,” shall be inserted. 78F. Power of State Government to notify posts to be filled in by deputation (1) Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, it shall be lawful for the State Government to notify in the Official Gazette, any post or any class of posts under the corporation, for being filled in, by deputation of a suitable officer from the cadre of the State Government, specified by the State Government, for this purpose : Provided that, every such notification shall be laid before each House of the State Legislature after it is issued. (2) Every notification issued under sub-section (1), specifying the posts or class of posts, shall contain the description of the cadre of officers (hereinafter referred to as " the feeder cadre "), of the State Government, from amongst whom the posts notified under sub-section (1) are to be filled. (3) On issuing the notification under sub-section (1), the numerical strength of the feeder cadre shall stand increased by an equivalent number of posts which shall be created in such feeder cadre. (4) The number of posts created and added to the feeder cadre under sub-section (3), shall, as far as possible, be filled in by selection, of one or more suitable officers of the corporation, in such manner as may be prescribed by the State Government by rules : Provided that, nothing in this section shall affect the appointment and terms and conditions of service of an incumbent holding such notified post in the corporation, on the date of issuing the notification under sub-section (1). 45B. Power of State Government to notify posts to be filled in by deputation 45 B. (1) Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, it shall be lawful for the State Government to notify in the Official Gazette, any post or any class of posts under any Corporation, for being filled in, by deputation of a suitable officer from the cadre of the State Government, specified by the State Government, for this purpose : Provided that, every such notification shall be laid before each House of the State Legislature, after it is issued. (2) Every notification issued under sub-section (1) specifying the posts or class of posts, shall contain the description of the cadre of officers (hereinafter referred to as " the feeder cadre "), of the State Government, from amongst whom the posts notified under sub-section (1) are to be filled. (3) On issuing the notification under sub-section (1), the numerical strength of the feeder cadre shall stand increased by an equivalent number of posts which shall be created in such feeder cadre. (4) The number of posts created and added to the feeder cadre under sub-section (3), shall, as far as possible, be filled in by selection, of one or more suitable officers of the concerned Corporation, in such manner as may be prescribed by the State Government by rules : Provided that, nothing in this section shall affect the appointment and terms and conditions of service of an incumbent holding such notified post in the Corporation, on the date of issuing the notification under sub-section (1). 6. Repeal of Mah. Ord. XVIII of 2011 and Mah. Ord. XX of 2011 and saving (1) The City of Nagpur Corporation (Amendment) Ordinance, 2011 and the Bombay Provincial Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2011, are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken (including any notification or order issued) under the corresponding provisions of the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by the said Ordinances, shall be deemed to have been done, taken or issued, as the case may be, under the corresponding provisions of the relevant Act, as amended by this Act. 475B. Punishment for failure to take action under section 351 or Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any such work as is described in section 342, is commenced contrary to the provisions of section 342 or 347 or is otherwise unlawfully commenced or is being unlawfully carried on and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 351 or 354A, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both. 475C. Compounding of certain offences (1) The Commissioner may, by general or special order, either before or after institution of the proceedings, compound any offence made punishable under section 475A. (2) When an offence has been compounded under sub-section (1), no further proceedings shall be taken against the accused person in respect of the offence compounded and any proceedings if already taken, shall stand abated, and the accused person, if in custody, shall be discharged.” . 515A. Bar of jurisdiction Save as otherwise provided in this Act, any notice issued, order passed or direction issued by the Designated Officer, under section 351 or 354A shall not be questioned in any suit or other legal proceedings. 516B. Offences under sections 475A and 475B to be cognizable and bailable The offences under sections 475A and 475B shall be cognizable and bailable. 12. Amendment of section 261 of Bom. LIX of In section 261 of the Provincial Corporations Act,— (1) in sub-section (1); for the words "the Commissioner" the words "the Designated Officer" shall be substituted; (2) in sub-section (2), for the words "the Commissioner", the words "the Designated Officer" shall be substituted. 397A. Penalty for failure to comply with notice under section 260, 261, 264, 267 or (1) Any person to whom the notice under section 260, 261, 264, 267 or 478 has been served, shall on his failure to comply with such notice,— (a) for restoration of the foundation, plinth, floor or structural members or load bearing wall, thereby endangering the life and property of any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood thereof, be punished with imprisonment for a term which shall not be less than three months but which may extend upto three years and with a fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention; or (b) for removing, pulling down the unauthorised work, be punished with imprisonment for a term which shall not be less than one month but which may extend to one year and with a fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for each day during which such contravention continues after conviction for the first such contravention. (2) Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any such work as is described in section 254 is commenced or carried out contrary to the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 260, 264, 267 or 478, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both. 397B. Compounding of certain offences (1) The Commissioner may, by general or special order, either before or after institution of the proceedings, compound any offence made punishable under sub-section (1) of section 397A. (2) When an offence has been compounded under sub-section (1), no further proceedings shall be taken against the accused person in respect of the offence compounded and any proceedings if already taken, shall stand abated, and the accused person, if in custody, shall be discharged. 427. Amendment of section 427 in Bom. LIX of In section 427 of the Provincial Corporations Act, the existing sub-section (1) shall be re-numbered as clause (a) thereof ; and after clause (a) as so re-numbered, the following clause shall be inserted, namely :— "(b) Offences under section 397A shall be cognizable and bailable." 433A. Bar of jurisdiction Save as otherwise provided in this Act, any notice issued, order passed or direction issued by the Designated Officer, under section 260, 261, 264, 267 or 478 shall not be questioned in any suit or other legal proceedings. 478. Amendment of section 478 of Bom. LIX of In section 478 of the Provincial Corporations Act, in sub-sections (1) and (2), for the word "Commissioner", wherever it occurs, the words "Designated Officer" shall be substituted. 281. Amendment of section 281 of C.P. and Berar II of In section 281 of the Nagpur Corporation Act,— (1) the existing sub-section (1) shall be re-numbered as sub-section (1A) thereof; and before sub-section (1A) as so re-numbered, the following sub-section shall be inserted, namely :— "(1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of section 282, sub-section (2) of section 283 and sub-sections (1), (2) and (3) of section 286. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas."; (2) in sub-section (1A), as so re-numbered, for the words "the Commissioner" the words "the Designated Officer" shall be substituted ; (3) for sub-section (2), the following sub-sections shall be substituted, namely :— "(2) Any person to whom the notice under sub-section (1) of this section or sub-section (1) of section 286 has been served, shall on his failure to comply with such notice,— (a) for restoration of the foundation, plinth, floor or structural members or load bearing wall, thereby endangering the life and property of any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood thereof, be punished with imprisonment for a term which shall not be less than three months but which may extend to three years and with a fine which shall not be less than ten thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for each day during which such contravention continues after conviction for the first such contravention; (b) for removing, pulling down the unauthorised work, be punished with imprisonment for a term which shall not be less than one month but which may extend to one year and with a fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees; and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for each day during which such contravention continues after conviction for the first such contravention. (3) Where it has been brought to the notice of the Designated Officer that erection of any building or execution of any work is carried out in contravention of section 273 or is commenced or carried out contrary to the provisions of the Act, rules or bye-laws and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 281 or 286, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both." 281A. Compounding of certain offences After section 281 of the Nagpur Corporation Act, the following section shall be inserted, namely :—