Chapter IX DRAINS AND DRAINAGE WORKS

1. Short title and extent.— This Act may be cited as

4[the

5[Mumbai Municipal Corporation]

Act.]

6[It] extends only to

7[Brihan Mumbai].

2. Repeal of enactments.— The enactments mentioned in Schedule A are repealed to the extent

specified in the third column of the said Schedule: Provided that—

1. (a) all rules and by-laws made, all notifications published, all orders issued and all licences and permissions granted under any of the said enactments and still in force shall, so far as they are consistent with this Act, be deemed to have been respectively made, published, issued and granted hereunder; and
2. (b) all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done, by, with or for the municipal corporation before this Act come into force shall be deemed to have been incurred, entered into or engaged to be done by, with or for the municipal corporation constituted under this Act; and
3. (c) all rates, taxes and sums of money due to the corporation when this Act comes into force shall be deemed to be due to the corporation under this Act; and
4. (d) all suits or other legal proceedings, civil, criminal, institute or which might but for passing of the Act have been instituted by or against the corporation or the Commissioner may be continued or instituted subject to the provisions of section 13 of Schedule R as if this Act has not been passed; and
5. (e) all references made in any Act of the Governor of Bombay in Council to any of the said enactments shall be read as if made to this Act or to the corresponding portion thereof. For Statement of Objects and Reasons, see Bombay Government Gazette, 1887, Pt. V., p. 188, for Report of the Select Committee, see, ibid., 1888., p. l, and for Proceedings in Council, see, ibid., 1887, p. 222 and ibid., 1888, pp.177, 203, 228, 259, 286, 311 and 321. Bom. 3 of 1888 has, so far as regards the jurisdiction, decisions, orders and other proceedings of Appellate Benches of Municipal Authorities, Presidency and other Magistrates, Courts of Small Causes and judges of such Courts, been declared to be as valid as if it had been passed by the Governor General of India in Council—see Act 12 of 1888, s. 1. The Bombay Municipal Servants Act is to be read with Bom. 3 of 1888—see Bom. 5 of 1890, s. 2 (2). The City of Bombay Police Charges Act, 1907 (Bom. 3 of 1907), is to be read with Bom. 3 of 1888. Only those amendments which it makes in the latter and which have been declared to come into force on 1 st April 1907, have been here incorporated; for the other amendments which have been declared (see ss. 39, 40 and 62) to come into force when notified by the Governor in Council, see Bom. 3 of 1907. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words and figures “the City of Bombay Municipal Act, 1888” by Bom. 7 of l950, s. 4(a). These words were substituted for the words “Bombay Municipal Corporation” by Mah. 25 of 1996, s. 2, Schedule. This word was substituted for the words “Except as is herein otherwise expressly provided, it” by Mah. 41 of 1994, s. 2. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “Governor of Bombay” shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

56 The Mumbai Municipal Corporation Act [1888 : III

3. Definitions of terms.— In this Act, unless there be something repugnant in the subject or context,—

1[(a) “the city” means the area specified in Part I of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945);

2[(aa) “extended suburbs” means the area specified in Part IV of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945)]; (a1) “[Brihan Mumbai]” means the area specified in Parts I, II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945)

4[and on and from the date of commencement of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. XVII of 1956), includes the extended suburbs i.e., the area specified in Part IV of this Schedule]; (a2) “the suburbs” means the area specified in Part II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 (Bom. XVII of 1945);]

5[(a3) “Backward Class of citizens” means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;]

1. (b) “the corporation” means the Municipal Corporation of 6[ 7[Brihan Mumbai] constituted or deemed to have been constituted under this Act]; 8[(c) “Councillor” means a person duly elected as a member of the Corporation ; and includes a nominated Councillor who shall not have the right,—
   • (i) to vote at any meeting of the Corporation and Committee of the Corporation; and
   • (ii) to get elected as a Mayor of the Corporation or a Chairperson of any of the Committees of the corporation;] 9[(cc) “Commission” means the Public Service Commission constituted for the State of Bombay under the Constitution of India;]
2. (d) “the Commissioner” means the Municipal Commissioner for 10[Brihan Mumbai] appointed under section 54, and includes 11[an Additional Municipal Commissioner appointed under sub-section (3) of section 54 and] an acting Commissioner appointed under sub-section (3) of section 59;
3. (e) “Deputy Commissioner” means a Deputy Municipal Commissioner appointed under section 55 12[and the Deputy Municipal Commissioner (Improvements) appointed under section 56A] and includes an acting Deputy Commissioner appointed under sub-section (3) of section 59, 13[an Additional Deputy Municipal Commissioner appointed under sub-section (1A) of section 55];

14[(ea) “Director” means the Director (Engineering Services and Projects) appointed under

section 54A;]

These clauses were substituted for clause (a) by Bom. 7 of 1950, s. 5(i). This clause was inserted by Bom. 58 of 1956, s. 3(1). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. This portion was inserted by Bom. 58 of 1956, s. 3(3). This clause was inserted by Mah. 41 of 1994, s. 3(b). These words were substituted for the words “Greater Bombay” by Mah. 41 of 1994, s. 3(c). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. This clause was substituted by Mah. 41 of 1994, s. 3(d). Clause (cc) was inserted by Bom. 48 of 1950, s. 2(2). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. These words, brackets and figures were inserted by Mah. 43 of 1983, s. 2. These words, figures, brackets and letter were inserted by Bom. 13 of 1933, s. 3(a). These words, figures, letter and brackets were added by Bom. 7 of 1950, s. 5(iii). Clause (ea) was inserted by Mah. 53 of 1981, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 57

1[(eb) “Designated Officer” means an officer designated under sub-section (1) of section 351;]

1. (f) “the Police Commissioner” means the Commissioner of Police 2[for 3[Brihan Mumbai] ]; 4[(g) “Education Officer” means the Municipal Education Officer appointed under section 76A and includes an acting Municipal Education Officer appointed under section 85]; 5[(h) “election” means an election to fill a seat or seats of a councillor or councillors under this Act]; 6[(i) “Assembly constituency” means a constituency provided by law for the purpose of elections to the Maharashtra Legislative Assembly, or any part thereof, which is for the time being comprised in 7[Brihan Mumbai];
2. (j) “Assembly roll” means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the Peoples Act, 1950 (Mah. 43 of 1950)];
3. (k) “licensed plumber” and “licensed surveyor” means respectively, a person licensed by the Commissioner for the purposes of this Act as a plumber or surveyor under section 355; 8[(ka) “Scheduled Castes” means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India;
4. (kb) “Scheduled Tribes” means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India;]
5. (l) “Small Cause Court” means the Court of Small Causes of Bombay; 9[(la) “State Election Commission” means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (1) of article 243-K of the Constitution of India;]
6. (m) “owner” when used in reference to any premises, means the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let, and includes—
   • (i) an agent or trustee who receives such rent on account of the owner, and
   • (ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes; and
   • (iii) a receiver, sequestrator, or manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises;
7. (n) a person is deemed “to reside” in any dwelling which he sometimes uses, or some portion of which he sometimes uses, though, perhaps, not uninterruptedly, as a sleeping apartment; Clause (eb) was inserted by Mah. 2 of 2012, s. 2. These words were substituted for the words “of Bombay”, by Bom. 7 of 1950, s. 5(iv). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. Clause (g) was inserted by Bom. 48 of 1950, s. 2(3). Clause (h) was inserted by Bom. 54 of 1955, s. 2. Clauses (i) and (j) were inserted by Mah. 8 of 1965, s. 2. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. Clauses (ka) and (kb) were inserted by Mah. 41 of 1994, s. 3(e). Clause (la) was inserted by Mah. 41 of 1994, s. 3(f).

58 The Mumbai Municipal Corporation Act [1888 : III

and a person is deemed to cease “to reside” in any such dwelling merely because he is absent from it, or has elsewhere another dwelling in which he resides, if there is the liberty of returning to it at any time and no abandonment of the intention of returning thereto;

1. (o) the term “public securities” means securities of the 1[Central Government] and any securities guaranteed by 2[the Central or any 3[State] Government], securities of the Bombay Port Trust, securities issued under this Act and any Bombay Municipal debentures or other securities heretofore issued 4[and any debentures or other securities issued under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), and the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)];
2. (p) “tax” includes any impost leviable under this Act; 5[* * *]
3. (q) “vehicle” includes a carriage, cart, van, dray, truck, handcart and wheeled conveyance of any description capable of being used on the streets of the city;
4. (r) “land” includes land which is 6[being built upon or is built] upon or covered with water, 7[benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street];
5. (s) “building” includes a house, out-house, stable, shed, hut, 8[tank (except tank for storage of drinking water in a building or part of a building)] and every other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatever; 9[(sa) “tenement” means a building or a part of a building, other than a temporary building or a part thereof, let or intended to be let or occupied separately;
6. (sb) “temporary building” means any building which is constructed principally of mud, leaves, grass, cloth, thatch, wood, corrugated iron or asbestos cement sheets or such other material and includes a building of whatever size constructed of whatever material which the Commissioner has allowed to be built as a temporary measure;]
7. (t) “water-work” includes a lake, stream, spring, well, pump, reservoir, cistern, tank,

10[tunnel,] duct, whether covered or open, sluice, main pipe, culvert, engine and any machinery,

land, building, or thing for supplying or used for supplying water;

11[(u) “drain” includes a swear, pipe, ditch, channel,

12[tunnel,] and any other device for carrying of sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall;]

1. (v) “house-gully” means a passage or strip of land constructed, set apart or utilized for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleaning thereof or in the removal of such matter therefrom; The words “Central Government” were substituted for the words “Government of India” by the Adaptation of Indian Laws Order in Council. The words “the Central or any Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. The word “ State” was substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Bom. 13 of 1933, s. 3(b). Clause (pa) was deleted by Mah. 42 of 2017, s. 2, w.e.f. 1-7-2017. These words were substituted for the words “built” by Bom. 8 of 1918, s. 2. These words were inserted by Bom. 13 of 1933, s. 3(c). These words and brackets were inserted by Mah. 21 of 1989, s. 2. Clauses (sa) and (sb) were inserted by Bom. 28 of 1957, s. 2. This word was inserted by Mah. 37 of 1981, s. 2(a). Clause (u) was substituted for the original clause by Bom. 5 of 1905, s. 2. This word was inserted by Mah. 37 of 1981, s. 2(b).

1888 : III] The Mumbai Municipal Corporation Act 59

1. (w) “street” includes any highway and any causeway, bridge, viaduct, arch, road, lane, footway, square, court, alley or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years; and when there is a footway as well as carriageway in any street, the said term includes, both;
   • (x) “public street” means any street heretofore levelled, paved, metalled, channelled, sewered or repaired by the corporation and any street which becomes a public street under any of the provisions of this Act 1[or which vests in the corporation as a public street];
2. (y) “private street” means a street which is not a public street; 2[(yy) “trade refuse” means and includes the refuse of any trade, manufacture or business;]
3. (z) “nuisance” includes any act, omission, place, or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smelling or hearing, or which is or may be dangerous to life or injurious to health or property;
4. (aa) “dangerous disease” means cholera and any endemic, epidemic, or infectious disease by which the life of man is endangered;
5. (bb) “official year” means the year commencing on the first day of April;
6. (cc) “public holiday” means a day or other period of time on or during which by an order of 3[the 4[State] Government] published in the 5[Official Gazette], Government offices in the city are closed;
7. (dd) “sub-section” and “clause” denote, respectively, a sub-section or clause of the section in which the word occurs; 6[(ee) “bakehouse” means any place in which are baked bread, biscuits or confectionery, from the baking or selling of which a profit is derived;
8. (ff) “eating-house” means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises;
9. (gg) “premises” includes messuages, buildings and lands of any tenure; whether open or enclosed, whether built on or not and whether public or private;] 7[(hh) “a sweetmeat shop” means any premises or part of any premises used for the

manufacture, treatment or storing for sale, or for the sale, wholesale or retail, of any ice-cream,

confections or sweetmeats whatsoever, for whomsoever intended, and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises;]

9[(ll) “market” includes any place where persons assemble for the sale of or for the purpose of exposing for sale, meat, fish, fruit, vegetables, animals, intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place,

notwithstanding that there may be no common regulation of the concourse of buyers and sellers

and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person;]

These words were added by Bom. 7 of 1950, s. 5(v). This new clause (yy) was added by Bom. 1 of 1925, s. 2(b). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. Clauses (ee), (ff) and (gg) were inserted by Bom. 1 of 1916, s. 2. Clause (hh) was inserted by Bom. 5 of 1920, s. 2. Clauses (ii), (jj) and (kk) were deleted by Bom. 48 of 1950, s. 2(5). Clause (ll) was added by Bom. 5 of 1938, s. 2.

60 The Mumbai Municipal Corporation Act [1888 : III

1[(mm) “the

2[Brihan Mumbai Electric Supply and Transport Undertaking]” means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the corporation for the purpose of providing tramways, trackless trams or mechanically propelled transport facilities for the conveyance of the public or for the purpose of supplying electrical energy to the public and includes all movable and immovable property and rights vested or vesting in the corporation for the purposes of every such undertaking;

1. (nn) “the General Manager” means the General Manager of the 3[Brihan Mumbai Electric Supply and Transport Undertaking] appointed under section 60A and includes an acting General Manager appointed under section 60B;] 4[(oo) “Wards Committee” means a Wards Committee constituted under section 50TT;
2. (pp) “Finance Commission” means the Finance Commission constituted in accordance with the provisions of article 243-I of the Constitution of India;] 5[(qq) “Mayor” means the Mayor of the Corporation elected by the elected Councillors from amongst themselves under section 37IB; 6[* * * * * * *]
3. (tt) “prescribed” means prescribed by rules made under this Act.]

Municipal Authorities

7[4. Municipal Authorities.— The Municipal Authorities charged with carrying out the provisions

of this Act are—

1. (a) a Corporation;
2. (b) a Standing Committee;
3. (c) an Improvements Committee;
4. (d) a Brihan Mumbai Electric Supply and Transport Committee;
5. (e) an Education Committee;
6. (f) a Wards Committee;
7. (g) a Mayor;
8. (h) a Municipal Commissioner;
   • (i) a General Manager of the Brihan Mumbai Electric Supply and Transport Undertaking.]
9. (A) The Municipal Corporation

8[5. Composition of Corporation.— (1) The Corporation shall consist of,—

9[two hundred and twenty-seven] councillors directly elected at ward elections; and (b)

10[ten nominated councillors] having special knowledge or experience in Municipal Administration to be nominated by the Corporation in the prescribed manner:

Clauses (mm) and (nn) were added by Bom. 48 of 1948, s. 2. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” Mah. 25 of 1996, s. 2. Clauses (oo) and (pp) were inserted by Mah. 41 of 1994, s. 3(g). Clauses (qq), (rr), (ss) and (tt) were added by Mah. 10 of 1998, s. 2. Clauses (rr) and (ss) as inserted by Mah. 10 of 1998, s. 2, have been deleted by Mah. 27 of 1999, s. 2. Section 4 was substituted by Mah. 27 of 1999, s. 3. Section 5 was substituted by Mah. 41 of 1994, s. 5. These words were substituted for the words “two hundred and thirty-six” by Mah. 43 of 2022, s. 2. These words were substituted for the words “five nominated Councillors” by Mah. 14 of 2023, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 61

Provided that, nothing in this sub-section shall have effect until the expiry of the existing term of the Corporation.

1. (2) The Corporation shall by the name of “The Municipal Corporation of 1[Brihan Mumbai]” be a

body corporate and have perpetual succession and a common seal and by such name may sue and be

sued.]

2[5A. Reservation of seats.— (1) Notwithstanding anything contained in clause (a) of sub-section

1. (1) of section 5 or in section 19, for the purpose of any general election held after the commencement of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994 (Mah. XLI of 1994) such number of seats out of the total number of seats to be filled in by direct election, shall be reserved for the members belonging to the Scheduled Castes, Scheduled Tribes, women and the Backward Class of citizens, as provided in sub-sections (2) to (5) both inclusive.
2. (2) (a) The number of seats to be reserved for the members belonging to the Scheduled Castes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes in 3[Brihan Mumbai] bears to the total population of 4[Brihan Mumbai]. (b) 5[one-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes: Provided that, where only one seat is reserved for the Scheduled Castes, then no seat shall be reserved for women belonging to the Scheduled Castes 6[* * * * * * * * *].
3. (3) (a) The number of seats to be reserved for the members belonging to the Scheduled Tribes shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Tribes in 7[Brihan Mumbai]; (b) 8[One-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Tribes: Provided that, where only one seat is reserved for Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Tribes 9[* * * * * * * * *]; (4) 10[(a) The seats to be reserved for the persons belonging to the category of Backward Class of citizens shall be upto 27 per cent. of the total number of seats to be filled in by direct election in a Corporation and the total reservation shall not be more than 50 per cent. of the total seats in the Corporation;] (b) 11[one-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Backward Class of citizens. (5) 12[one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Class of citizens) of the total number of seats to be filled in by direct election shall be reserved for women. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. Section 5A was inserted by Mah. 41 of 1994, s. 6. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 2(1)(a). The words “and where only two seats are reserved for the Scheduled Castes, one of the two seats shall be reserved for women belonging to the Scheduled Castes” were deleted by Mah. 20 of 2011, s. 2(1)(b). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. These words were substituted for the words “One-third” by Mah. 20 of 2011, s. 2(2)(a).

The words “and where only two seats are reserved for the Scheduled Tribes, one of the two seats shall be reserved for

women belonging to the Scheduled Tribes” were deleted by Mah. 20 of 2011, s. 2(2)(b). This clause was substituted by Mah. 20 of 2022, s. 2. These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 2(3). These words were substituted for the words “one-third” by Mah. 20 of 2011, s. 2(4).

62 The Mumbai Municipal Corporation Act [1888 : III

1. (6) The seats reserved under sub-sections (2), (3), (4) and (5) shall be allotted by the State Election Commissioner by rotation to different wards.
2. (7) The reservation of seats under sub-sections (2) and (3) for the Scheduled Castes and the Scheduled Tribes other than the reservation for women in sub-section (5), shall cease to have effect after the period specified in Article 334 of the Constitution of India.]

1[5B. Person contesting election for reserved seat to submit Caste Certificate and Validity

Certificate.— Every person desirous of contesting election to a seat reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of Citizens, shall be required to submit, alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001):

2[Provided that, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing of the nomination papers, but who has not received the Validity Certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,-

1. (i) a true copy of the application submitted by him to the Scrutiny Committee for issuance of the Validity Certificate or any other proof of having made such application to the Scrutiny Committee ; and
2. (ii) an undertaking that he shall submit the Validity Certificate issued by the Scrutiny Committee, within a period of six months from the date on which he is declared elected : Provided further that, if such person fails to produce the Validity Certificate within a period of six months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.] 3[Duration of the Corporation : Term of Office of Councillors : Casual Vacancies, etc.]

4[6. Duration of Corporation.— The Corporation shall continue for a period of five years from

the date appointed for its first meeting and no longer.

6A. Term of office of Councillors.— The term of office of the councillors shall be co-terminus

with the duration of the Corporation. 6B. Election to constitute Corporation.— An election to constitute the Corporation shall be completed before the expiry of its duration specified in section 6.]

it to conduct the general election to the corporation, due to COVID-19 pandemic situation in the State, therefore, the State Government may, by an order, appoint any Government Officer as an Administrator for such period as may be specified therein, for exercising all the powers and performing all the functions and duties of the corporation under the Act: Provided that, the Administrator shall hold office until the first meeting of the corporation after the general election.

1. (2) The Administrator appointed under sub-section (1) shall receive such pay and allowances as may be determine, from time to time, by the State Government from the Municipal funds.] Section 5B was inserted by mah. 35 of 2006, s. 2. These provisos were substituted by Mah. 49 of 2025, s. 2. This heading was substituted by Mah. 41 of 1994, s. 7. Sections 6, 6A and 6B were substituted by Mah. 41 of 1994, s. 8. This section was inserted by Mah. 26 of 2022, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 63

7. [Day for retirement of councillors] Deleted by Mah. 41 of 1994, s. 9.

7A. [Provision for appointment of Administrator after normal term of office of Councillors expires.] Deleted by Mah. 41 of 1994, s. 10.

1[7B. Councillor to vacate all offices if he ceases to be a councillors.—

2[Notwithstanding anything contained in sections 47, 49G, 50B or 50M or any other provisions of this Act, a person] who ceases to be a Councillor shall, ipso facto, vacate any office held by him on any Committee of the Corporation by virtue of his being a Councillor.]

8. Re-eligibility of persons ceasing to be councillors.— Any person who ceases to be a councillor

shall, unless disqualified, be re-eligible.

9. Casual vacancies how to be filled up.— In the event of non-acceptance of office by a person

elected

3[* * * *] to be a councillor or of the death, resignation or disqualification of a councillor, of his becoming incapable of acting

4[during the term of his office] there shall be deemed to be a casual vacancy in the office and such vacancy shall be filled up, as soon as it conveniently may be, by the election

5[* * *] of a person thereto who shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold it if the vacancy had not occurred.

6[The casual vacancy in the office of an elected councillor shall be filled up in the manner provided in section 34]:

7[Provided that no election shall be held to fill up such vacancy

8[if it occurs within six months

preceding the date on which the term of office of the Councillor expires under section 6A.]]

10. Publication of names of councillors in the Official Gazette.— The names of all persons elected

10[* *] to be councillors shall be published by

11[the State Election Commissioner] in the

12[Official Gazette]. Qualifications and Disqualifications of Voters and Councillors 11.

13[Persons qualified to vote].— (1) A person shall not be entitled to vote at a ward election unless he is enrolled in the municipal election roll as a voter of the ward for which such election is held.

14[* * * * * * *]

Section 7B was substituted for the original by Mah. 10 of 1998, s. 4. These words were substituted for the words “A person” by Mah. 27 of 1999, s. 4. The words “or appointed” and “or appointment, as the case may be” were deleted by Bom. 13 of 1938, ss. 6 and 7. These words were substituted for the words “previous to the day of retirement” by Mah. 41 of 1994, s. 12(a). The words “or appointed” and “or appointment, as the case may be” were deleted by Bom. 13 of 1938, ss. 6 and 7. These words were added by Bom. 28 of 1935, s. 2. This proviso was added by Bom. 12 of 1936, s. 2. These words were substituted for the words “occuring within four months prior to the day for retirement” by Mah. 41 of 1994, s. 12(b). The proviso was deleted by Mah. 41 of 1994, s. 12(c). The words “or appointed” and “or appointment, as the case may be” were deleted by Bom. 13 of 1938, ss. 6 and 7. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 13. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. This marginal note was substituted by Mah. 8 of 1965, s. 5(b). Sub-sections (2), (3), (4), (5) and (6) were deleted by Mah. 8 of 1965, s. 5(a).

1[**] A person shall not be qualified to be elected at a ward election to be a councillor

2[unless he is enrolled in the municipal election roll as a voter of some ward].

6[* *] and for being councillor if such person—

7[(a-1) has been so disqualified by or under any law,—

1. (i) for the time being in force for the purpose of elections to the Legislature of the State: Provided that no person shall be disqualified on the ground that he is less than twenty- five years of age, if he has attained the age of twenty-one years;
2. (ii) made by the Legislature of the State of Maharashtra; or] 8[(a) has, at any time after the commencement of section 2 of the Maharashtra Municipal Corporations (Amendment) Act, 1970 (Mah. XIII of 1971), been convicted of an offence punishable under section 153A, or sub-section (2) or (3) of section 505 of the Indian Penal Code (XLV of 1860): Provided that, such disqualifications shall be for a period of six years from the date of such conviction; or] 9[(aa) has been removed from the office under section 18-1A and five years have not elapsed from the date of such removal; or] 10[(b) has been convicted by a Court in India of any offence involving moral turpitude, unless a period of six years has elapsed since the date of such conviction; or] 11[(ba) has more than two children: Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995 (Mah. XLIII of 2000) (hereinafter in this clause referred to as “the date of commencement”), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase: Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause; Explanation.— For the purposes of this clause,— The brackets and figure “(1)” were deleted by Mah. 6 of 1980, s. 2(a). These words were substituted for the words and figures “unless his name is included in Part-I of the final roll of some ward” by Mah. 20 of 1980, s. 2. Words repealed by Bom. 6 of 1922, s. 6, are omitted. Sub-section (2) was deleted by Bom. 13 of 1938, s. 9(1). The words “or appointed” were deleted by Bom. 13 of 1938, s. 10. The words “co-opted” which were added by Bom. 6 of 1922, s. 8 and which were deleted by Bom. 17 of 1931, s. 4, are omitted. Clause (a-1) was inserted by Mah. 41 of 1994, s. 14(a). Clause (a) was inserted by Mah. 13 of 1971, s. 2. This clause was inserted by Mah. 3 of 2008, s. 2. Clause (b) was substituted for the original by Mah. 41 of 1994, s. 14(b). Clause (ba) was inserted by Mah. 43 of 2000, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 65

1. (i) where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;
2. (ii) “child” does not include an adopted child or children,] if and while such person— 1[(c) having been adjudged or re-adjudged an insolvent, is under any disqualification imposed by section 103A of the Presidency-towns Insolvency Act, 1909 (III of 1909); or section 73 of the Provincial Insolvency Act, 1920 (V of 1920); or]

1. (d) is the Commissioner, 2[the Director]or a Deputy Commissioner or a Municipal Officer or servant, or a licensed surveyor or plumber 3[or a member of a firm of which a licensed surveyor or plumber is a member]; or
2. (e) is the Chief Judge of the Small Cause Court or is acting in that capacity; or 4[(ee) fails to pay any arrears of any kind due by him (otherwise than as a trustee) to the corporation within three months after a special notice in this behalf has been served upon him; or]
3. (f) has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of, the corporation; 5[or] 6[(fa) having been elected as Councillor, during his term of office as a Councillor, has directly

or indirectly, by himself or his partner, any share or interest in any lease including any leave or

licence (but excluding any official residence provided by the Corporation), sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or]

7[(ff) having been elected a councillor is retained or employed in any professional capacity

either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the corporation or the Commissioner is interested or concerned: Provided that this disqualification shall not apply to a councillor who renders free service for securing the enforcement of civic rights or removal of legitimate public grievances;]

8[(g) is a Member of the State Legislature or Parliament: Provided that, nothing in this clause shall effect the membership of a sitting councillor till the expiry of his current term of office as such Councillor: Provided further that, any action taken by such Councillor during the period from the 7 th

October 2001, till the 20 th October 2001, being the date of publication of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) (Amendment) Ordinance, 2001 (Mah. Ord. XXXI of 2001), shall be deemed to have been validly taken and shall not be challenged in any court of law only on the ground that during the said period he had incurred disqualification under this clause;]

9[(h) has failed to submit to the Corporation a certificate of Assistant Commissioner

10[or a self-certificate by such person], certifying that,—

1. (i) he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or
2. (ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses the community or public toilet: Clause (c) was substituted for the original clause by Bom. 1 of 1948, s. 3(a) read with Bom. 8 of 1948, s. 4. These words were inserted by Mah. 53 of 1981, s. 3. These words were inserted by Bom. 1 of 1946, s. 3(a) read with Bom. 8 of 1948, s. 3(b). Clause (ee) was inserted by Bom. 11 of 1932, s. 2. The word “or” was inserted by Bom. 1 of 1946, s. 3(e) read with Bom. 8 of 1948, s. 4. Clause (fa) was deemed to have been inserted with effect from 1 st April 1968 by Mah. 4 of 1973, s. 2(a). Clause (ff) was inserted by Bom. 1 of 1946, s. 3(d). Clause (g) was added by Mah. 8 of 2002, s. 3, w.e.f. 7 th September 2001. This clause was inserted by Mah. 19 of 2016, s. 2. These words were inserted by Mah. 52 of 2017, s. 2.

66 The Mumbai Municipal Corporation Act [1888 : III

Provided that, no Councillor on the date of commencement of the Maharashtra Municipal

Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships (Fourth Amendment) Act, 2015 (Mah. XIX of 2016), shall be disqualified under this clause, if he submits such certificate, within a period of one hundred eighty days from the date of such commencement:

Provided further that, if the Assistant Commissioner fails to take the decision in respect of

such application within a period of thirty days from the date of receipt of the application; the application shall be deemed to have been granted and the Assistant Commissioner shall issue such certificate accordingly.]

1[Explanation

2[I].— For the purpose of clause (f)—

1. (i) a municipal pensioner shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation, by reason only of his pension;
2. (ii) a person shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation by reason only of any relation of his being employed with, by or on behalf of the corporation, as an officer or servant, thereof. 3[Explanation II.— For the purpose of clause (fa)—
3. (i) a Councillor shall not be deemed to have any share or interest in any lease including any leave or licence, sale or purchase of land or any agreement for the same, by or on behalf of, the Corporation, if such share or interest is not acquired by him directly or indirectly by use of his position or office as a Councillor;
4. (ii) the expression “leave” or “licence” means a licence as defined in section 52 of the Indian Easement Act, 1882 (V of 1882)]]. 4[(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,—

1. (a) disqualify such Councillor to continue as a Councillor for the remainder of his term of office as Councillor; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification;
2. (b) disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification]. 5[(1A) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members’ Disqualification Act, 1986 (Mah. XX of 1987) for being a councillor shall cease to hold office as such councillor.]

6[(1B)(a) A person shall be disqualified for being a Councillor, or for contesting an election for

being elected as a Councillor, for a period of six years, if, an order is passed by the concerned authority, under section 18 or, as the case may be, section 33, holding that such person was elected as a Councillor to a seat which was reserved for a member belonging to a Scheduled Caste, a Scheduled Tribe or a Backward Class of Citizens (hereinafter referred to as “a reserved category”) on the basis of false claim or a false Caste Certificate declaring that such person belonged to such reserved category.

1. (b) Such period of disqualification shall be computed with effect from the date of passing of such order by the concerned authority. (1C)(a) Notwithstanding anything contained in sub-section (1B), a Councillor who has been elected to a reserved seat as mentioned in sub-section (1B), shall be disqualified for being such Councillor consequent upon the concerned Scrutiny Committee constituted under sub-section (1) of section 6 of the

Maharashtra Scheduled Casts, Scheduled Tribes, De-notified Tribes (Vimukta jatis), Nomadic Tribes,

This Explanation was substituted by Mah. 35 of 1967, s. 2. The existing Explanation was renumbered as Explanation I and Explanation II was added by Mah. 51 of 1975, s. 2. The existing Explanation was renumbered as Explanation I and Explanation II was added by Mah. 51 of 1975, s. 2. Sub-section (1-1A) was inserted by Mah. 32 of 2011, s. 2(1)(a). Sub-section (1A) was inserted by Mah. 20 of 1987, Schedule. Sub-sections (1B) and (1C) were inserted by Mah. 43 of 2015, s. 2

1888 : III] The Mumbai Municipal Corporation Act 67

Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001) or any other competent authority specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor to be invalid and cancelling the same, on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the Councillor shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by the said Scrutiny Committee or by the competent authority.

1. (b) On any person having been disqualified for being a Councillor and consequently, his seat as such Councillor having become vacant under clause (a), the State Government shall, by notification in the Official Gazette, disqualify such person for being elected or being a Councillor for a period of six years from the date of such order.] 1[(1D) A Councillor shall be disqualified for being a Councillor, if such Councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violating the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966) or the rules or bye-laws framed under the said Acts; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor in carrying out such illegal or unauthorised construction or has by written communication or physically, obstructed or tried to obstruct any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure. Such disqualification shall be for the remainder of his term as a Councillor from the date of the declaration of such structure to be illegal or unauthorised by the concerned authority under the provisions of the said Acts or, as the case may be, from the date of commission of the act of interference or obstruction by the Councillor against the Competent Authority.] 2[(1E) If the State Election Commission is satisfied that a person,—
2. (a) has failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, and
3. (b) has no good reason or justification for such failure, the State Election Commission may, by an order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for being a Councillor or for contesting an election for being a Councillor for a period of three years from the date of the order. (1F) The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1E) or reduce the period of any such disqualification.]

1. (2) But a person shall not be so disqualified or be deemed to have any share or interest in such a contract or employment by reason only of 3[his receiving fee for attendance at meetings of the 4[Brihan Mumbai Electric Supply and Transport Committee] or of] his having any share or interest in— 5[(g) subject to the provisions of clause (fa) of sub-section (1), any lease including any leave or licence, sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or]
   • (h) any agreement for the loan of money or any security for the payment of money only; or
     • (i) any newspaper in which any advertisement relating to the affairs of the corporation is inserted; or
   • (j) any joint stock company which shall contract with or be employed by the Commissioner on behalf of the corporation; or
   • (k) the occasional sale to the Commissioner on behalf of the corporation to a value not exceeding in any official year two thousand rupees, of any article in which he regularly trades. Section (1D) was inserted by Mah. 11 of 2002, s. 2. Sub-sections (1E) and (1F) were inserted by Mah. 12 of 2008, s. 2. These words were inserted by Bom. 48 of 1948, s. 4. These words were substituted for the words “Bombay Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2. Clause (g) was inserted with effect from 2 nd October 1975 by Mah. 25 of 1978, s. 2.

68 The Mumbai Municipal Corporation Act [1888 : III

17. A person becoming disqualified to cease to be a councillor.— Any councillor who,—

1. (a) becomes disqualified for being a councillor for any reason mentioned in the last preceding section, or
2. (b) absents himself during three successive months from the meetings of the corporation, except from temporary illness or other cause to be approved by the corporation, 2[* * * * * * *] 3[or
3. (d) absents himself from or is unable to attend the meetings of the corporation during twelve successive months from any cause whatever, whether approved by the corporation or not, 4[* *]] 5[* * * * * * *] shall cease to be a councillor and his office shall thereupon be vacant. 18. Questions as to disqualifications to be determined by Chief Judge of the Small Cause Court.— Whenever it is alleged that any councillor has become disqualified for office for any reason aforesaid, and such councillor does not admit the allegation, or whenever any councillor is himself in doubt whether or not he has become disqualified for office, such councillor or any other councillor may, and the Commissioner, at the request of the corporation, shall apply to the Chief Judge of the Small Cause Court; and the said Chief Judge, after making such inquiry as he deems necessary, shall determine whether or not such councillor has become disqualified for being a councillor, and his decision shall be a conclusive.

6[18-1A. Liability of Councillor to removal from office.— (1) The State Government may, on

its own motion or on the recommendation of the Corporation, remove any Councillor from office, if such Councillor has been guilty of any misconduct in discharge of his duties or of any disgraceful conduct, during his current term of office or immediately preceding term of office as a Councillor.

1. (2) No resolution recommending the removal of any Councillor for the purpose of sub-section (1) shall be passsed by the Corporation and no order of removal shall be made by the State Government, unless the Councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation or order, as the case may be, should not be made: Provided that, no order of removal of Councillor shall be made by the State Government on its own motion, unless the Corporation is given one month’s time for taking necessary action in the matter.
2. (3) In every case in which the State Government makes an order under sub-section (1), Councillor shall be disqualified for being a Councillor, or from becoming a Councillor, or a Councillor or a member of any other local authority, for a period of five years from the date of such order, unless the State Government relieves him of the disqualification by an order which it is hereby empowered to make.] Municipal Election Roll 7[18A. State Election Commission.— (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Corporation shall vest in the State Election Commission. Sub-section (3) was deleted by Bom. 48 of 1950, s. 9. Section 79 of Bom. 48 of 1950 reads as follows :— “79. Saving.— Nothing in sections 2(1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other Committee or sub-committee as constituted or appointed under the said Act immediately before the coming into operations of this Act and any casual vacancy, in the office of a councillor or a member of any of the said committees or sub-committees before the 1 st day of April 1952 shall subject to the provisions of the said Act, be filled as if this Act had not been passed.”. Clause (c) was deleted by Bom. 48 of 1950, s. 10(1). The word “or” and clause (d) were inserted by Bom. 5 of 1938, s. 4. The word “or” was deleted by Mah. 48 of 1950, s. 10(2). Clause (e) was deleted by Mah. 48 of 1950. Section 18-1A was inserted by Mah. 3 of 2008, s. 3. Section 18A was inserted by Mah. 41 of 1994, s. 15.

1888 : III] The Mumbai Municipal Corporation Act 69

1. (2) The State Election Commissioner may, by order, delegate any of his powers and functions to any officer of the State Election Commission or any officer of the State Government not below the rank of Deputy Collector or any officer of the Corporation not below the rank of the Ward Officer.
2. (3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of the Corporation under this Act or the rules shall function under the superintendence, direction and control of the State Election Commissioner.
3. (4) Notwithstanding anything contained in this Act and the rules, the State Election Commissioner may issue such special or general orders or directions which may not be inconsistent with the provisions of this Act for fair and free elections.] 1[18AA. Power of State Election Commissioner to issue directions to prevent impersonation.— The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing the electors to produce, at the time of polling, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951 (43 of 1951)]. 2[19. Division of 3[Brihan Mumbai into single member wards and 4[preparation of] municipal election roll therefor.— (1) For the purposes of elections to the Corporation,— 5[(a) The 6[ 7[State Government with the approval of the State Election Commissioner] shall, from time to time, by notification in the Official Gazette, divide the area of 8[Brihan Mumbai] into wards and specify the boundaries thereof, so that, as far as practicable, all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the wards shall elect only one councillor:] Provided that, before such notification is published, a draft thereof shall be published in the Official Gazette and in such other manner as in the opinion of the 9[State Government with the approval of the State Election Commissioner] is best calculated to bring the information to the notice, of all persons likely to be affected thereby, together with a notice specifying the date on or before which any objections or suggestions will be received, and the date after which the draft will be taken into consideration. 10[* * * * * * *] 11[(b) The Assembly roll for the time being in force on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to the different wards in 12[Brihan Mumbai];

and a printed copy of each section of the roll so divided and authenticated by the State Election

Commissioner or an officer authorised by him, shall be the ward roll for each ward.]

13[* * * * * * *]

1. (2) Only one councillor shall be elected at each ward election. 14[* * * * * * *] Section 18AA was inserted by Mah. 44 of 1994, s. 2. Section 19 was substituted by Mah. 8 of 1965, s. 6. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. These words were substituted for the words “adoption of relevant Assembly roll as” by Mah. 53 of 1973, s. 2(c). This portion was substituted for the portion beginning with the brackets, letters and words “(1) the area of Greater Bombay” and ending with the words “by the State Government in the Official Gazette” by Mah. 15 of 1991, s. 3(a). The words were substituted for the words “State Government” by Mah. 41 of 1994, s. 16(a)(1). These words were substituted substituted for the words “State Election Commissioner” by Mah. 21 of 2022, s. 2. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. These words were substituted substituted for the words “State Election Commissioner” by Mah. 21 of 2022, s. 2. The Explanation was deleted by Mah. 15 of 1991, s. 3(b). Clause (b) was substituted for the original by Mah. 11 of 1996, s. 2. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. Sub-section (1A) was deleted by Mah. 11 of 1996, s. 2(a) Sub-section (3) was deleted by Mah. 11 of 1996, s. 2(b).

70 The Mumbai Municipal Corporation Act [1888 : III

3[21. Right to vote.— Subject to the provisions of this Act, every person whose name is

4[in the municipal roll shall be deemed to be entitled to vote at a ward election] and every person whose name is not in the said roll be deemed to be not entitled so to vote.]

21A. [Procedure regarding election of delegates and councillors.] Repealed by Bom. 48 of 1950,

s. 11. 21B. [Preparation and revision of list for supplementary election rolls.] Deleted by Mah. 8 of 1965, s. 9.

Election of Councillors

6[22. Date of election.— The dates of general ward election of councillors and election to fill casual vacancies shall be fixed by the State Election Commissioner].

9[Seven days] atleast before the day fixed for a ward election

10[* * *] notice of such election shall be given by

11[the State Election

Commissioner]. Such notice shall be given by advertisement in the

12[Official Gazette] and in the local newspapers, and

13[* *] by posting placards in conspicuous places in the ward for which election is to take place.

14[(2) The notice referred to in sub-section (1) shall, in addition to the day fixed for election, specify the day on which the poll shall, if necessary, be taken, which shall be a day not earlier than the twenty- first day after the day fixed for the election.] 26. Candidates at ward elections must be nominated. Provisions regarding nomination.— (1) Candidates for election at a ward election

15[* * *] must be duly nominated in writing in accordance with the provisions hereinafter contained.

Sub-section (4) was deleted by Mah. 53 of 1973, s. 2(b). Section 20 was deleted by Mah. 11 of 1996, s. 3. Section 21 was substituted by Mah. 53 of 1973, s. 4. These words were substituted for the words and figures “in Part I or Part II of any final ward roll for any ward shall be deemed to be entitled to vote at an election in that ward” by Mah. 20 of 1980, s. 4. Section 79 of Bom. 48 of 1950 reads as follows:— “79. Saving.— Nothing in sections 2(1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other committee or sub-committee as constituted or appointed under the said Act immediately before the coming into operation of this Act and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committee, before the 1 st day of April 1952, shall, subject to the provisions of the said Act, be filled as if this Act had not been passed.”. Section 22 was substituted by Mah. 41 of 1994, s. 17. Section 23 was deleted by Mah. 10 of 1998, s. 5. This section was renumbered as sub-section (1) of section 25 by Mah. 43 of 1983, s. 4(1). These words were substituted for the words “Fifteen days” by Mah. 43 of 1983, s. 4(1). The words deleted by Bom. 6 of 1922, s. 13 are not printed. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 18. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. The words deleted by Bom. 6 of 1922, s. 13 are not printed. Sub-section (2) was inserted by Mah. 43 of 1983, s. 4(2). The words repealed by Bom. 6 of 1922, s. 14(a), are omitted.

1888 : III] The Mumbai Municipal Corporation Act 71

1. (2) With respect to such nominations, the following provisions shall have effect, namely:— (a) 1[the State Election Commissioner] shall provide printed forms of nomination-papers and any person entitled to vote at the election shall be supplied at any time within seven days previous to the day fixed for the election 2[and upto 4 p.m. on the date of election,] with as many such forms as may be required, free of charge;
   • (b) each nomination-paper must state the name, abode and description of the candidate in full, and be subscribed by two persons entitled to vote at the election as proposer and seconder 3[and must bear the signature of the person nominated in token of his willingness to be so nominated;]
   • (c) every nomination-paper subscribed 4[and signed] as aforesaid must be delivered at the 5[office of the State Election Commissioner] before five o’clock in the afternoon of the day fixed for the election; 6[(d) each candidate must be nominated by a separate nomination-paper, and a candidate may be nominated by more than one nomination-paper, but any person entitled to vote shall not subscribe, whether as proposer or seconder, more than one nomination-paper;] 7[(dd) if any person subscribes more than one nomination-paper, the nomination-paper or papers received after receipt of the first nomination-paper shall be invalid;]
   • (e) if any person nominated—
     • (i) is not enrolled in the municipal election roll as voter of a ward 8[* *
       • • * * * * *] or 9[(ii) has not made or caused to be made the deposit referred to in sub-section (1) of section 26A, or]
     • (iii) is disqualified for being a councillor for any of the reasons set forth in section 16, 10[the State Election Commissioner] shall declare such person’s nomination invalid;
   • (f) if there is no valid nomination, it shall be deemed that no councillor has been elected and proceedings for filling the vacancy or vacancies shall be taken under section 34; 11[* * * * * * *] 12[(h) if there is only one valid nomination, the person nominated be deemed to be elected;] 13[(j) if the number of valid nominations exceeds one, the election of councillor shall be made from among the persons nominated, and such election shall be termed “a contested election”: Provided that, if any candidate validly nominated dies or signifies in writing to 14[the State Election Commissioner] not later than 15[three days] after the date of election his intention not to contest the election, then, if there remains only one valid nomination, the remaining candidate validly nominated shall be deemed to be elected: Provided further that, a candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be re-nominated as a candidate for the same election;] These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(a). These words were inserted by Bom. 1 of 1925, s. 7(a). These words were inserted by Bom. 1 of 1946, s. 9(a) read with Bom. 8 of 1948, s. 4. The words “and signed” were inserted by Bom. 1 of 1946, s. 9(b). These words were substituted for the words “the Commissioner’s office” by Mah. 41 of 1994, s. 19(b). This clause was substituted by Mah. 8 of 1965, s. 12(a). Clause (dd) was substituted by Mah. 8 of 1965, s. 12(b). The portion repealed by Bom. 6 of 1922, s. 14(b), is omitted. New clause (ii) was inserted by Bom. 19 of 1930, s. 3. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(c). Clause (g) was deleted by Mah. 8 of 1965, s. 12(c). Clause (h) was substituted by Mah. 8 of 1965, s. 12(d). Clause (j) was substituted by Mah. 8 of 1965, s. 12(e). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(d). These words were substituted for the words “seven days” by Mah. 33 of 1989, s. 3.

72 The Mumbai Municipal Corporation Act [1888 : III

1. (k) if, when two or more ward elections are held simultaneously for different wards, any person is deemed, under

1[* *] clause (h), to be elected a councillor for more than one ward, he

shall within twenty-four hours after receipt of written notice thereof from

2[the State Election

Commissioner], choose, by writing signed by him and delivered to

3[the State Election

Commissioner], or, in his default,

4[the State Election Commissioner] shall, when the time for choice has expired, declare for which one of those wards he shall serve. The choice or declarations made shall be conclusive, and such persons’ nomination for the ward or wards for which he is not to serve shall be deemed to be null and void;

1. (l) if, when ward elections are held as aforesaid, any person who is deemed under 5[* *] clause (h), to be elected a councillor for any one or more wards, has also been duly nominated for any one or more wards for which the number of nominations exceeds that of the vacancies, he shall within twenty-four hours after receipt of written notice thereof from 6[the State Election Commissioner] choose, by writing signed by him and delivered to 7[the State Election Commissioner] whether he shall serve for the ward, or for any one of the wards for which he is elected, or will stand as a candidate at the contested election or elections for the other ward or wards. In his default, the Commissioner shall, when, the time for choice has expired, declare that he shall serve for the ward or for some one of the wards for which he is elected, and his nomination for any other wards shall be deemed to be null and void. If such person chooses, by writing as aforesaid, to stand as a candidate at the contested election or elections, his nomination for the ward or wards for which he is elected shall be deemed to be null and void. Any choice or declaration made under this clause shall be conclusive.

8[26A. Deposit by candidates.—

9[(1) On or before the date appointed for the nomination of candidates for a ward election, each candidate shall deposit or cause to be deposited with Returning Officer in cash a sum of five thousand rupees ; and no candidate shall be deemed to be duly nominated unless such deposit has been made: Provided that, where the candidate is a member of a Scheduled Castes, Scheduled Tribes, Backward Class of Citizens or a woman, the amount of deposit shall be two thousand and five hundred rupees: Provided further that, where the candidate has filed more than one nomination paper, it shall not be necessary to deposit a separate amount for each nomination paper.]

1. (2) The deposit shall be returned if—
   • (a) the candidate is declared or is deemed to be duly elected, or 10[(b) the candidate signifies in writing to 11[the State Election Commissioner] not later than 12[three days] after the day of election his intention not to contest the election, or]
   • (c) the nomination of the candidate is declared invalid, or
   • (d) the candidate dies,

13[* * * *] after the scrutiny of nomination-papers and before

the commencement of the poll

14[*]

15[* * * * *]; or

The words, brackets and letter “clause (g) or” were deleted by Mah. 8 of 1965, s. 12(f). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(e). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(e). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(e). The words, brackets and letter “clause (g) or” were deleted by Mah. 33 of 1989, s. 12(g). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(f). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(f). New section 26A was inserted by Bom. 19 of 1930, s. 4. Sub-section (1) was substituted by Mah. 18 of 2008, s. 2. Clause (b) was substituted by Bom. 1 of l946, s. 10, read with Bom. 8 of 1948, s. 4. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 20(a). These words were substituted for the words “seven days” by Mah. 23 of 1989, s. 4. The words “in the case of a ward election” were omitted by Bom. 32 of 1935, s. 3(b)(i). The word “and” was deleted by Bom. 24 of 1936, s. 2, Sch. The words “in the case of an election by co-option, before the day fixed for the election by co-option” were omitted by Bom. 32 of 1935, s. 3(b)(i).

1888 : III] The Mumbai Municipal Corporation Act 73

1. (e) the candidate fails to be elected but secures 1[* * * * *] valid votes in excess of the number specified in sub-section (4).

1. (3) The deposit shall be returned to the person by whom it was made. If a candidate dies 2[* * * * *] before the day fixed for the poll,

3[* * *] the deposit, if made by him, shall be

returned to his legal representatives, or, if not made by the candidate shall be returned to the persons by whom it was made.

1. (4) If a candidate is not elected and

4[* * *], if the number of valid vote polled by him does not

exceed one-eighth of the total number of valid votes polled

5[* * * * * * *], the deposit shall be forfeited to the corporation.

1. (5) The deposit shall, if it is not forfeited, be returned as soon as may be after the declaration of the result of the election under section 32:

Provided that, if a candidate is duly nominated at a general election in more than one ward, not

more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the Corporation.]

27. Poll to be taken when a ward election is contested.— (1) When a ward election

is contested,

7[a poll shall be taken on any day, being a day not earlier than the twenty-first day, after the day fixed for the election]. At such poll, the municipal election roll, which was in operation on the day fixed for the election, shall be deemed to be the roll to which reference must be made for the purposes of the election.

1. (2) Names of candidates validly nominated to be published.— At least 8[three] days before the day of the poll, 9[the State Election Commissioner] shall cause the names of all the persons validly nominated, with their respective abodes and descriptions,

10[* * *] to be published in the

11[Official Gazette] and

12[by displaying the names of persons so nominated wardwise, on the notice-board of each respective ward-office].

13[27A. Prohibition of canvassing in or near polling stations.— (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the

polling station or in any public or private place within a distance of one hundred yards of the polling

station, namely:—

1. (a) canvassing for votes; or
2. (b) soliciting the vote of any voter; or
3. (c) persuading any voter not to vote for any particular candidate; or
4. (d) persuading any voter not to vote at the election; or
5. (e) exhibiting any notice or sign (other than an official notice) relating to the election. The words “a first vote in the case of an election by co-option, and in the case of a ward election” were omitted, by Bom. 32 of 1935, s. 3(b)(ii). The words “in the case of a ward election” and “or, in the case of an election by co-option, before the day fixed for the election”, respectively, were omitted, by Bom. 32 of 1935, s. 3(e). The words “in the case of a ward election” and “or, in the case of an election by co-option, before the day fixed for the election”, respectively, were omitted, by Bom. 32 of 1935, s. 3(e). The words “if, in the case of an election by co-option, he fails to secure any first vote, or in the case of a ward election” were omitted by Bom. 32 of 1935, s. 3(d). The words “divided by the number of councillors to be elected in the ward for which the candidate is nominated” were deleted by Mah. 8 of 1965, s. 13. The words repealed by Bom. 6 of 1922, s. 15, are omitted. This portion was substituted by Mah. 43 of 1983, s. 5. The word “three” was substituted for the word “four” by Bom. 10 of 1928, s. 3(a). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 21. Words repealed by Bom. 10 of 1928, s. 3(b), are omitted. The words “Official Gazette” were substituted for words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. These words were substituted for the words “in the local news-papers” by Mah. 33 of 1989, s. 5. Sections 27A to 27C were inserted by Bom. 51 of 1955, s. 3.

74 The Mumbai Municipal Corporation Act [1888 : III

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (3) Any offence punishable under this section shall be congnizable.

1[27AA. Prohibition of public meetings on the day preceding the day of poll and on the day

of poll.— (1) No person shall convene, hold or attend any public meeting in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

1. (2) Any person who contravenes the provision of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.]

27B. Penalty for disorderly conduct in or near polling stations.— (1) No person shall, on the

date or dates on which a poll is taken at any polling station,—

1. (a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as, a megaphone or a loudspeaker, or
2. (b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

1. (2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
3. (4) Any police officer may take such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention. 27C. Penalty for misconduct at polling stations.— (1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
4. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
5. (3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall on convition, be punished with fine which may extend to two hundred and fifty rupees.
6. (4) An offence punishable under sub-section (3) shall be cognizable.] 2[28. Provisions respecting contested ward elections.— With respect to the contested ward elections, the following provisions shall have effect, namely:— (a) 3[votes shall be given by ballot in such manner as may be prescribed by the rules made under section 29] 4[or by electronic voting machine.] No votes shall be received by proxy; This section was inserted by Mah. 43 of 1983, s. 6. Section 28 was substituted for the original section by Bom. 1 of 1925, s. 8. These words and figures were substituted for words “votes shall be given by ballot and in person,” by Mah. 43 of 1983, s. 7. These words were inserted by Mah. 5 of 2005, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 75

1. (b) no votes shall be received for any candidate whose name has not been published by 1[the State Election Commissioner] under sub-section (2) of section 27 as having been validly nominated; 2[(c) no person shall vote at a general election in more than one ward and if a person votes in more than one ward his votes in all such wards shall be void;
2. (ca) no person shall at any election vote in the same ward more than once notwithstanding that his name may appear in the municipal election roll for that ward more than once 3[* * *
   • • * * * * * *], and if a person votes in the same ward more than once all his votes in that ward shall be void;] 4[(d) * * * * * *
3. (f) * * * * * * ] 5[(g) the person who has the greatest number of valid votes shall be deemed to be elected;]
4. (h) where an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by the lot to be drawn in the presence of 6[the State Election Commissioner] in such manner as he shall determine;
   • (i) if a candidate is elected councillor for more than one ward, he shall, within three days after receipt of written notice thereof from 7[the State Election Commissioner] choose, by writing signed by him and delivered to 8[the State Election Commissioner] or in his default 9[the State Election Commissioner] shall, when the time for choice has expired, declare for which of the wards he shall serve and the choice or declaration shall be conclusive;
5. (j) when any such choice or declaration has been made, the votes recorded for the candidate aforesaid in any ward for which he is not to serve shall be deemed not to have been given and the

candidate, if any, who but for the said votes would have been declared to have been elected for

such ward shall be deemed to have been elected for the same; (k)

10[the State Election Commissioner] shall, as soon as may be, declare the result of the poll specifying the total number of valid votes given for each candidate

11[* * *] and shall cause lists to be prepared for each ward, specifying the name of all candidates, and the number of valid

12[* *

• • *] votes given to each candidate. In accordance with such rules as 13[the State Election Commissioner] may frame for the purpose and on payment of such fees as may be prescribed by him, a copy of such list shall be supplied to any candidate of the ward and shall be available for inspection to any voter of the ward. 14[28A. Maintenance of secrecy of voting.— (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. These clauses were substituted for clause (c) by Bom. 54 of 1955, s. 4. The portion beginning with the words “on the ground” and ending with the words “section 11” was deleted by Mah. 8 of 1965, s. 14(a). Clauses (d) and (f) were deleted by Mah. 8 of 1965, s. 14(b). Clause (g) was substituted by Mah. 8 of 1965, s. 14(c). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. These words were substituted for the words “Commissioner” by Mah. 41 of 1994, s. 22. The words and figures “and he shall, as soon as may be, hear and decide all objections, if any, to or regarding the poll, made to him in writing not later than 5 o’clock of the afternoon of the day after the poll” were deleted by Bom. 1 of 1946, s. 12 read with Bom. 8 of 1948, s. 4. The words “and the number of rejected” were deleted by Bom. 8 of 1948, s. 4. These words were substituted for the words “Commissioner” by Mah. 41 of 1994, s. 22. Sections 28A to 28I were inserted by Bom. 54 of 1956, s. 5.

76 The Mumbai Municipal Corporation Act [1888 : III

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both. 28B. Officers, etc., at elections not to act for candidates or to influence voting.—

1[(1) No

person who is a presiding or polling officer at an election or an officer or an employee appointed, designated or empowered by the State Election Commissioner or such presiding officer to perform any duty in connection with an election shall, in the conduct or management of the election do any act, other than the giving of vote, for the further-ance of the prospects of the election of a candidate.]

1. (2) No such person as aforesaid and no member of a police force shall endeavour—
   • (a) to persuade any person to give his vote at an election; or
   • (b) to dissuade any person from giving his vote at an election; or
   • (c) to influence the voting of any person at an election in any manner.
2. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

28C. Breaches of official duty in connection with elections.— (1) If any person to whom this

section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees.

1. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
2. (3) The persons to whom this section applies are 2[* * *] presiding officers, polling officers and any other 3[person or officer appointed, designated or empowered] to perform any duty in connection with the preparation of a municipal election roll, the receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election ; and the expression “official duty” shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

28D. Removal of ballot papers from polling stations to be an offence.— (1) Any person, who

at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

1. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
2. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.
3. (4) An offence punishable under sub-section (1) shall be cognizable. 28E. Other offences and penalties therefor.— (1) A person shall be guilty of an offence if at any election he—
   • (a) fraudulently defaces or fraudulently destroys any nomination paper; or
   • (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of 4[the State Election Commissioner]; or Sub-section (1) was substituted by Mah. 41 of 1994, s. 23. The words “the Commissioner” were deleted by Mah. 41 of 1994, s. 24(a). These words were substituted for the words “persons appointed” by Mah. 41 of 1994, s. 24(b). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 25(a).

1888 : III] The Mumbai Municipal Corporation Act 77

1. (c) fraudulently defaces or fraudulently destroys any ballot paper or the officials mark on any ballot paper; or
2. (d) without due authority supplies any ballot paper to any person; or
3. (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
4. (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election; or
5. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

1. (2) Any person guilty of an offence under this section shall—
   • (a) if he is 1[* *] a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both;
   • (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.
2. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of such election including the counting of votes or to be responsible after such election for the used ballot papers and other documents in connection with such election; but the expression “official duty” shall not include any duty imposed otherwise than by or under this Act.
3. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. 28F. What is a corrupt practice.— A person shall be deemed to have committed a corrupt practice within the meaning of section 33,—
   • (i) who, with a view to including any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration, or holds out any promise of individual profit or holds out any threat of injury, to any person; or
   • (ii) who gives, procures or abets the giving of a vote in the name of a voter who is not the person giving such vote; or
   • (iii) who hires or procures, whether on payment or otherwise, any vehicle or vessel for the conveyance of any voter to, or from, any polling station: Provided that—
   • (a) the hiring of a vehicle or vessel by a candidate for himself or his family or an election agent shall not be deemed to be a corrupt practice under this section;
   • (b) the hiring of a vehicle by a voter or by several voters at their joint cost for the purpose of conveying him or them, to, or from, any such polling station shall not be deemed to be corrupt practice under this section, if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power;
   • (c) the use of any public transport vehicle or vessel or any tram-car or railway carriage by any voter at his own cost for the purpose of going to, or coming from, any such polling station shall not be deemed to be a corrupt practice under this section. And a corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent with reference to the election. Explanation.— The expression “a promise of individual profit”—
     • (i) does not include a promise to vote for or against any particular measure which may come before the corporation for consideration, but The words “the Commissioner” were deleted by Mah. 41 of 1994, s. 25(b).

78 The Mumbai Municipal Corporation Act [1888 : III

1. (ii) subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.

28G. Corrupt practices, criminal offences and procedure.— (1) (a) Whoever in any election

directly or indirectly, by himself, or by any other person on his behalf, shall, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offer or give any money or valuable consideration or hold out any promise of individual profit or hold out any threat of injury to any person, or

1. (b) whoever shall give, procure or abet the giving of a vote in the name of a voter, who is not the person giving such vote, or
2. (c) whoever hires or procures any vehicle or vessel for the conveyance of any voter to, or from, a polling station in the circumstance described in clause (iii) of section 28F, shall be liable to a fine not exceeding two hundred rupees for every such offence.

1. (2) Whoever, being qualified to vote any election claiming to be so qualified accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any money or valuable consideration or any individual profit as a motive or reward for giving or for bearing to give his vote in any such election shall be liable to a fine not exceeding one hundred rupees for every such offence.

Explanation.— In sub-sections (1) and (2) “individual profit” includes a benefit accruing to the

person himself or to anyone in whom he is interested. It does not include a promise to vote for or against any measure which may come before the corporation for consideration.

1[(2A) Whoever in connection with any election, directly or indirectly, by himself or by any other person on his behalf, promotes or attempts to promote feelings of enmity or hatred, between different classes of the citizens of India on grounds of religion, race, caste, community or language, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]

1. (3) Every person convicted under sub-section (1) or sub-section (2) 2[or sub-section (2A)] shall, for such period not exceeding seven years from the date of the conviction as the Court may direct, be disqualified from voting at any election.
2. (4) No court shall take cognizance of any offence under this section except on the complaint of the Judge who has held an enquiry under section 33 or before whom such enquiry is pending.
3. (5) No prosecution for an offence under this section shall be instituted except within six months next after the date of the declaration of the result of the election.
4. (6) An appeal shall lie to the High Court against any sentence order passed by a Magistrate under sub-section (1), sub-section (2) 3[, sub-section (2A)] or sub-section (3).

28H. Adjournment of poll in emergencies.— (1) If at an election the proceedings at any polling

station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause,

4[the State Election Commissioner, or subject to such directions as the State Election Commissioner may issue in this behalf, the presiding officer for such polling station, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by the presiding officer, he shall forthwith inform the State Election Commissioner].

1. (2) Whenever a poll is adjourned under sub-section (1), 5[the State Election Commissioner] shall, as soon as may be, appoint the day on which the poll shall recommence and fix the polling station, at which, and the hours during which, the poll will be taken and shall not count the votes cast at such election until such adjourned poll shall have been completed. Sub-section (2A) was inserted by Mah. 21 of 1989, s. 3(a). The words, brackets, figure and letter were inserted by Mah. 21 of 1989, s. 3(b). These words, brackets, figure and letter were inserted by Mah. 21 of 1989, s. 3(c). This portion was substituted for the portion beginning- with the words “the presiding officer for” and ending with the words “inform the Commissioner” by Mah. 41 of 1994, s. 26(a). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 26(b).

1888 : III] The Mumbai Municipal Corporation Act 79

1. (3) The notice of the polling station and the date and hours fixed under sub-section (2) shall be published by 1[the State Election Commissioner] in the Official Gazette and in the local newspapers atleast three days before the date of the fresh poll.

28I. Fresh ballot in the case of destruction, etc., of ballot boxes.— (1) If at any election any

ballot box or boxes is or are unlawfully taken out of the custody of

2[the State Election Commissioner] or any presiding officer or is or are in any way tampered with, or is or either accidentally or intentionally destroyed or lost, the election to which such ballot box or boxes relate shall be void, but only in respect of the polling at the polling station or stations at which such ballot box or boxes was or were used and no further.

1. (2) Whenever the polling at any polling station or stations shall become void under sub-section (1), 3[the State Election Commissioner] shall, as soon as practicable after the act or event causing such voidance has come to his knowledge, appoint a day for the taking for fresh poll in such or every such polling station and fix the hours during which the poll will be taken and shall not count the votes cast at such election until such fresh poll shall have been completed.
2. (3) The notice of the polling station and the date and hours fixed under sub-section (2) shall be published by 4[the State Election Commissioner] in the Official Gazette and in all local newspapers atleast three days before the date of the fresh poll.] 5[29. 6[State Government] may make rules for the conduct of elections.—

8[the State Government may, in consultation with the State Election Commissioner], make rules for the conduct of elections, and in particular providing—

1. (a) for the appointment of polling stations for each ward;
2. (b) for the appointment of 10[presiding officers and polling officers] and other persons to assist at the poll and for the remuneration of such 11[presiding officers and polling officers] and other persons for their services;
3. (c) for the hours during which polling stations shall be open for the recording of votes;
4. (d) for the printing and for the issue of voting papers;
5. (e) for the checking of voters by reference to the 12[municipal election] roll; 13[(ee) with a view to preventing personation, for the making with indelible ink of the left fore-finger or any other finger of every voter applying for a ballot paper including the provision for the withdrawal of the issue of a ballot paper to any voter who refuses to allow indelible ink mark to be put on his left fore-finger or any other finger or who has been found to have such indeliable ink mark on his left fore-finger or any other finger;]
6. (f) for the manner in which votes are to be given and in particular for the case of illiterate voters or of voters under physical or other disability; These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 26(c). These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 27. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 27. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 27. This new section 29 was inserted by Bom. 1 of 1925, s. 9. The original section 29 was repealed by Bom. 6 of 1922. These words were substituted for the words “The Corporation” by Mah. 41 of 1994, s. 28(c). Section 29(1) was renumbered as section 29 by Bom. 24 of 1936, s. 2, Sch. These words were substituted for the words “the Corporation shall, with the sanction of the State Government” by Mah. 41 of 1994, s. 28(a). Clause (aa) was deleted by Mah. 20 of 1980, s. 5. These words were substituted for the words “Polling Officers” by Bom. 54 of 1955, s. 6(1). These words were substituted for the words “Polling Officers” by Bom. 54 of 1955, s. 6(1). The words “municipal election” were substituted for the word “electoral” by Bom. 1 of 1946, s. 13, read with Bom. 8 of 1948, s. 4. This clause was inserted by Bom. 54 of 1955, s. 6(2).

80 The Mumbai Municipal Corporation Act [1888 : III

1. (g) for the procedure to be followed in respect of challenged votes, or tender of votes by persons representing themselves to be electors, after other persons have voted as such electors;
2. (h) for the security of votes;
   • (i) for the safe custody of ballot papers and other election papers, for the period for which such papers shall be preserved and for the inspection and production of such papers; and may make such other rules regarding the conduct of the elections as it thinks fit.] 1[Provided that, any such rules may provide for charging of fees for any of the purposes of the election.] 30. [Proceedings at Fellows’ elections.] Repealed by Bom. 48 of 1950, s. 14. 30A. [Proceedings at elections of co-opted councillors.] Repealed by Bom. 1 of 1925. 2[31. [Proceedings at elections by the Chamber or Association.] Repealed by Bom. 48 of 1950, s. 15. 31A. Repealed by Bom. 17 of 1931, s. 3. 32. Declaration of results of elections.— (1) The result of every election shall be declared 3[in such manner as the State Election Commissioner may think fit,] certifying the names of the persons, if any, elected and in the case of a contested election, the number of votes recorded for each candidate. 4[* * * * * * *] 33. Election petitions to be heard and disposed of by Chief Judge of the Small Cause Court.—

1. (1) If the qualification of any person declared to be elected for being a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection 5[by the State Election Commissioner] of a nomination or of the improper reception or refusal of a vote, or for any other cause 6[or if the validity of the election of a person is questioned on the ground that he has committed a corrupt practice within the meaning of section 28F], any person enrolled in the municipal election roll may, at any time, within 7[ten days] 8[from the date on which the list prescribed under clause (k) of section 28 was available for sale or inspection 9[* * *] apply to the Chief Judge of the Small Cause Court. 10[If the application is for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all candidates who, although not declared elected, have, according to the results declared 11[by the State Election Commissioner] under section 32, a greater

number of votes than the said candidate, and proceed against them in the same manner as against the

said candidate.]

This proviso was added by Mah. 41 of 1994, s. 28(b). Section 79 of Bom. 48 of 1950 reads as follows :— “79. Savings.— Nothing in sections 2(1), (4) and (5), and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other Committee or sub-committee as constituted or appointed under the said Act immediately before the comming into operation of this Act and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committees before the 1 st day of April 1952 shall, subject to the provisions of the said Act, be filled as if this Act had not been passed.”. These words were substituted for the words “by fixing, as soon as may be after the election, in some conspicuous place in the Chief Municipal Office, a notice signed by the Commissioner” by Mah. 41 of 1994, s. 29. Sub-section (2) was deleted by Bom. 48 of 1950, s. 16(2). These words were substituted for the words “by the Commissioner” by Mah. 41 of 1994, s. 30(a). This portion was inserted by Bom. 54 of 1955, s. 7(1). The words “ten days” were substituted for the words “fifteen days” by Mah. 10 of 1998, s. 6. These words were substituted for the original words “after the result of the election has been declared” by Bom. 1 of 1925, s. 12. The words “in the Commissioner Office” were deleted by Mah. 41 of 1994, s. 30(b). These words were added by Bom. 5 of 1905, s. 5(i)(b). These words were substituted for the words “ by the Commissioner” by Mah. 41 of 1994, s. 30(a).

1888 : III] The Mumbai Municipal Corporation Act 81

1[(1A) The applicant shall, whenever so required by the Chief Judge, deposit in the Court a sum of Rs. 500 in cash or Government securities of equivalent value at the market rate of the day as security for any costs which the applicant may be ordered to pay to other parties to the said application.]

1. (2) If the said Chief Judge, after making such inquiry as he deems necessary, finds that the election was a valid election and that the person whose election is objected to is not disqualified, he shall confirm the declared result of the election. 2[If he finds that the person whose election is objected to is disqualified for being a councillor, he shall declare such person’s election null and void. If he finds that the election

is not a valid election, he shall set it aside. In either case he shall direct that the candidate, if any, in

whose favour the next highest number of valid votes is recorded after the said person

• • * * * *], and against whose election no cause of objection is found, shall be deemed to have been elected.] 4[(2A) When an election of a person is questioned on the ground that he has committed a corrupt practice within the meaning of section 28F, the Chief Judge shall, if he is satisfied that a candidate has committed such corrupt practice, declare a candidate disqualified both for the purposes of that election and of such fresh election as may be held during the current term of office of the councillors elected at the general election and shall set aside the election of such candidate if he has been elected.]

1. (3) The said Chief Judge’s order shall be conclusive. 5[* * * * * * * *]
2. (5) Every election not called in question in accordance with the foregoing provisions shall be deemed to have been to all intents a good and valid election. 6[34. 7[Procedure if election fails or is set aside.—] 8[(1) If at any general election or an election held to fill a casual vacancy no councillor is elected, or the election of any councillor is set aside under sub-section (2) of section 33 and there is no other candidate who can be deemed to be elected in his place under the said sub-section, 9[the State Election Commissioner] shall appoint another day for holding a fresh election and a fresh election shall be held accordingly.]
3. (2) A councillor elected under this section shall be deemed to have been elected to fill a casual vacancy under section 9.] Appointment of Councillor’s by 10[State] Government 35. [Appointments by 11[State] Government of councillors when to be made.] Repealed by Bom. 13 of 1938, s. 14. Proceedings of the Corporation

36. Provisions regulating the corporation’s proceedings.—

12[(1)] The corporation shall meet for the despatch of business and shall from time to time make such regulations with respect to the summoning-notice, place, management and adjournment of such meetings, and generally with respect to the mode of transacting and managing the business of the corporation

13[including the submission, asking and answering of questions under section 66A] as they think fit, subject to the following conditions:—

Sub-section (1A) was inserted by Bom. 1 of 1946, s. 14, read with Bom. 8 of 1948, s. 4. These words were substituted for the original words by Bom. 5 of 1905, s. 5(2). The words “or after all the persons who were returned as elected at the said election” were deleted by Mah. 8 of 1965, s. 15. This sub-section was inserted by Bom. 54 of 1955, s. 7(2). Sub-section (4) was omitted by Bom. 28 of 1935, s. 3. Section 34 was substituted for the original section by Bom. 28 of 1935, s. 3. These words were substituted for the original words by Bom. 5 of 1905, s. 5(2). This sub-section was substituted by Mah. 8 of 1965, s. 16. These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 31. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Section 36 was re-numbered as sub-section (1) of that section by Mah. 32 of 2011, s. 3. These words, figures and letter were inserted by Bom. 23 of 1930, s. 2(b).

82 The Mumbai Municipal Corporation Act [1888 : III

1[(a) there shall be one ordinary meeting in each month; the ordinary meeting in the month of March shall be held not later than on the twentieth day of that month;

1. (b) the first meeting in the month of April, after general elections, shall be held as early as conveniently may be in the said month on a day and at a time and place to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner;
2. (c) the day, time and place of meeting shall in every other case be fixed by the Mayor, or in the event of the office of Mayor being vacant, or the death or resignation of the Mayor or on his ceasing to be a councillor, or of his being incapable of acting, by the Deputy Mayor or in the event of absence of both by the Chairman of the Standing Committee;
3. (d) the Mayor or in any such event as aforesaid, the Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon a written requisition signed by not less than onesixth of the whole number of Councillors call a special meeting;]
4. (e) every meeting shall be open to the public, unless a majority of the councillors present thereat decide by a resolution, which shall be put by the presiding authority, of his own motion or at the request of any councillor present without previous discussion, that any inquiry or deliberation pending before the corporation is such as should be held in private, and provided that the presiding authority may at any time cause any person to be removed who interrupts the proceedings;
5. (f) if at any time during a meeting it shall be brought to the notice of the presiding authority that the number of councillors present 2[inclusive of the presiding authority, falls short of one-fifth of the whole number of councillors], the presiding authority shall adjourn the meeting to some other day, fixing such time and place for the same as he shall think convenient, and the business which remains undisposed of at such meeting shall be disposed of at the adjourned meeting or, if the latter meeting should be again adjourned, at any subsequent adjourned meeting, 3[whether there is a quorum present] thereat or not; 4[(g) every meeting shall be presided over by the Mayor if he is present at the times appointed for holding the same, and if the office of Mayor is vacant, or if the Mayor is absent, by the Deputy Mayor or if both the Mayor and the Deputy Mayor are absent by such one of the councillors present as may be chosen by the meeting to be Chairman for the occasion;]
6. (h) at least seven clear days’ notice shall ordinarily be given of every meeting, other than an adjourned meeting, but in cases of urgency any such meeting may be called, except for the purpose of considering an annual budget-estimate, in pursuance of a written requisition signed 5[by not less than four members of the standing committee] upon a notice of not less than three 6[clear days and of adjourned meetings] such previous notice shall be given as shall be practicable having regard to the period of the adjournment;
7. (j) every notice of a meeting shall specify the time and place at which such meeting is to be held and the business to be transacted thereat 7[other than questions under section 66A] and shall be given by the Municipal Secretary by advertisement in the local newspapers 8[* * * *];
8. (k) any councillor who desires at any meeting to bring forward any business 9[other than any questions under section 66A] or to make any substantive proposition, which is not already specified in the notice of such meeting, shall give written notice of the same to the municipal secretary at least three clear days before the day fixed for the meeting; and a supplementary announcement of Clauses (a) to (d) were substituted by Mah. 27 of 1999, s. 5(a). These words were substituted for the words “fall short of twenty-five exclusive of the presiding authority” by Mah. 7 of 1950, s. 8(ii). These words were substituted for the words “whether there be a quorum of twenty-five members present” by Mah. 7 of 1950, s. 8(ii). Clause (g) was substituted by Mah. 27 of 1999, s. 5(b). These words were substituted for the words “by the Mayor” by Mah. 27 of 1999, s. 5(c)(i). These words were substituted for the words “clear days of adjourned meeting” by Mah. 27 of 1999, s. 5(c)(ii). These words, figures and letter were inserted by Bom. 23 of 1950, s. 2(ii). The words “and except in the case of adjourned meetings or of meetings called upon a requisition of urgency, in the Official Gazette” were deleted by Mah. 51 of 1975, s. 3. These words, figures and letter were inserted by Bom. 23 of 1950, s. 2(iii).

1888 : III] The Mumbai Municipal Corporation Act 83

the business or propositions, of which notice has been so given shall be given by the said secretary in not less than one local daily newspaper not later than the day previous to the meeting;

1[(l) except at a meeting called on a requisition of urgency or at the discussion at any meeting of a budget-estimate, no business shall be transacted at any meeting other than the business specified in the notice published under clause (j) and questions asked under section 66A or urgent business not specified in the said notice which the Standing Committee, the Improvements

Committee, the Brihan Mumbai Electric Supply and Transport Committee, the Education

Committee or the Commissioner deem it expedient to bring before the meeting, and no substantive proposition shall be made or discussed which is not specified in the said notice or in the supplementary announcement, if any, published under clause (k) or which is not in support of the

the case may be, with reference to any urgent business brought by any of those authorities, respectively, before the meeting: Provided that, no such urgent business as aforesaid shall be brought before any meeting unless at least three-fourths of the councillors present at such meeting, such three-fourths being not less than one-sixth of the whole number of Councillors assent to its being brought forward thereat;

1. (m) at a meeting called on a requisition of urgency and during the discussion at any meeting of a budget-estimate, no business shall be transacted and no substantive proposition shall be made or discussed which does not directly relate to the business for which the urgent meeting was called, or to the budget-estimate, as the case may be ; and no proposition involving any change in the taxes 2[which the standing committee proposes to impose] or an increase or decrease of any item of expenditure in a budget-estimate, shall be made or discussed at any meeting at which such budget- estimate is under consideration, unless such proposition is specified in the notice of the meeting published under clause (j) or in the supplementary announcement, if any, published under clause (k), or unless, in the case of an adjourned meeting, each of the condition mentioned in the proviso to clause (n) has been fulfilled; 3[(ma) notwithstanding anything contained in clauses (l) and (m), the Commissioner may, at any time, either on his own behalf or on behalf of any Committee hereinbefore mentioned, intimate, at least one day in advance, to the Mayor, or in the circumstances stated in clause (c), to the Deputy Mayor and in his absence to the Chairman of the Standing Committee, that he or the Committee concerned would bring urgent business relating to a matter specified in such intimation, which requires immediate consideration by the Corporation at a meeting to be held on a specified date. When such intimation is given, at the said meeting, the said business shall have priority over any other business in the order of priority specified by the Commissioner in his intimation, and no subsequent business shall be taken for consideration unless the said business is transacted and decision thereon is taken at that meeting;]
2. (n) any meeting may, with the consent of a majority of the councillors present be adjourned

from time to time, but no business shall be transacted and, except as is hereinafter provided, no

proposition shall be discussed at any adjourned meeting other than the business and propositions remaining undisposed of at the meeting from which the adjournment took place: Provided that, at any adjourned meeting at which a budget-estimate is under consideration a proposition involving any change such as is described in clause (m), may be made and discussed, notwithstanding that such proposition is not one remaining undisposed of at the meeting from which the adjournment took place, if each of the following conditions has been fulfilled, namely:—

1. (i) that written notice of such proposition has been given at the meeting from which the adjournment took place;
2. (ii) that the adjournment has been for not less than 4[two] clear days; and Clause (l) was inserted by Mah. 27 of 1999, s. 5(d). These words were substituted for the words “proposed to be imposed” by Mah. 10 of 1999, s. 5(e). Clause (ma) was inserted by Mah. 27 of 1999, s. 5(f). This word was substituted for the word “three” by Bom. 76 of 1948, s. 2.

84 The Mumbai Municipal Corporation Act [1888 : III

1. (iii) that a special announcement of the proposition has been given by the Municipal Secretary

(who shall be bound to give such announcement) in not less than one local daily newspaper not

later than the day previous to the adjourned meeting;

1. (o) a minute of the names of the councillors present and of the proceedings at every meeting shall, on the day following the meeting, or as soon thereafter as may be, 1[be kept] by the Municipal

Secretary in a book to be provided for this purpose and shall be signed at, and by the presiding

authority of, the next ensuing meeting;

2[or any meeting held soon thereafter, after confirmation by the Corporation of such meeting]; and the said minute book shall at all reasonable times be open at the chief municipal office to inspection by any councillor free of charge, and by any other person on payment of

3[a fee of fifty naye paise or such other amount as may be fixed by the Corporation but not exceeding two rupees];

1. (p) a councillor shall not vote or take part in the discussion of any matters before a meeting 4[or ask any question under section 66A concerning any matter] in which he has, directly or indirectly by himself or by his partner, any share or interest such as is described in clauses (g) to (l), both inclusive, of section 16, or in which he is professionally interested on behalf of a client, principal or other person; 5[(q) every question other than the question whether the Standing Committee, the

Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee, the

Education Committee or the Commissioner shall be permitted to bring urgent business before a meeting without notice, shall be decided, by a majority of votes of the councillors present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes: Provided that, the Councillors referred to in clause (b) of sub-section (1) of section 5 shall not have the right to vote in any meeting of the Corporation;]

1. (r) a declaration by the presiding authority that a proposition has been carried and an entry to that effect in the minute book shall, unless a poll be demanded at the time of such declaration by not less than four councillors, be conclusive evidence of the fact, without proof of the number of votes given for or against the proposition;
2. (s) when a poll is taken, the vote of each councillor present and voting upon the proposition shall be taken by tellers appointed by the presiding authority and the names of the councillors voting respectively for or against the propositions shall be recorded in the minute-book; 6[(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 there at 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 upon 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;] 7[(u) the Corporation may require any of its officers to attend any meeting or meetings of the Corporation at which any matter dealt with by such Officer in the course of his duties is being discussed. When any officer is thus required to attend any such meeting, he may be called upon to make a statement or explanation of facts or supply such information in his possession relating to any matter dealt with by him as the Corporation may require.] These words were substituted for the words “be drawn up and fairly entered” by Mah. 1 of 1964, s. 2(a). These words were inserted by Mah. 1 of 1964, s. 2(b). These words were substituted for the words “a fee of eight annas” by Mah. 1 of 1964, s. 2(c). These words, figures and letter were inserted by Bom. 23 of 1930, s. 2(v). Clause (q) was inserted by Mah. 27 of 1999, s. 5(j). Clauses (t) was substituted for the original by Mah. 32 of 2011, s. 3(a). Clause (u) was added by Mah. 27 of 1999, s. 5(h).

1888 : III] The Mumbai Municipal Corporation Act 85

1[(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.]

2[36A. Power to order withdrawal of member.— (1) The

3[presiding authority] shall preserve order and may direct any councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting of the corporation. Any councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day’s meeting. If any councillor is ordered to withdraw a second time within 15 days, the

4[presiding authority] may suspend the councillor from

attending the meetings of the corporation for any period not exceeding 15 days and the councillor so

directed shall absent himself accordingly: Provided that the

5[presiding authority] may remit the period of suspension on apology being made to his satisfaction by the councillor under suspension: Provided also that such suspension from the service of the corporation shall not prevent any councillor from serving on any committee.

1. (2) The 6[presiding authority] may, in the case of grave disorder arising in the meeting, suspend the meeting for a period not exceeding three days.]

7[37. Mayor and Deputy Mayor.—

8[(1) The Corporation shall, subject to the provisions of sub-section (2), at its first meeting after the general elections, elect from amongst the Councillors one of its number to be the Mayor and another to be Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years: Provided that, the term of the Mayor and the Deputy Mayor in office on the date of coming into force of the Maharashtra Municipal Corporations (Amendment) Act, 2000 (Mah. XXV of 2000) shall be extended to, and be co-terminus with, the term of the office of the elected Councillors: Provided further that, the roster relating to the reservation of the office of the Mayor shall be deemed to have been amended to provide for the extended tenure of the Mayor.]

1. (2) There shall be reservation for the office of the Mayor in the Corporation, by rotation, for the Scheduled Castes, the Scheduled Tribes, Women and the Backward Class of citizens, in the prescribed manner. 9[(2A) Every person desirous of contesting election to the office of the Mayor reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of Citizens, shall be required to submit, alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Mah. XXIII of 2001)]:

10[Provided that, a person who has applied to the Scrutiny Committee for the verification of his

Caste Certificate before the date of filing of the nomination papers, but who has not received the Validity

Sub-section (2) was added by Mah. 32 of 2011, s. 3(b). New section 36A was inserted by Bom. 10 of 1928, s. 6. The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). The words “presiding authority” were substituted for the word “President” by Bom. 21 of 1931, s. 2(ii). Section 37 was substituted by Mah. 27 of 1999, s. 6. Sub-section (1) was substituted by Mah. 25 of 2000, s. 2. Sub-section (2A) was inserted by Mah. 7 of 2009, s. 2. These provisos were substituted by Mah. 49 of 2025, s. 3.

86 The Mumbai Municipal Corporation Act [1888 : III

Certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,—

1. (i) a true copy of the application submitted by him to the Scrutiny Committee for issuance of the Validity Certificate or any other proof of having made such application to the Scrutiny Committee ; and
2. (ii) an undertaking that he shall submit the Validity Certificate issued by the Scrutiny Committee, within a period of six months from the date on which he is declared elected : Provided further that, if such person fails to produce the Validity Certificate within a period of six months from the date on which he is declared elected, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being the Mayor.]

1. (3) The Mayor and the Deputy Mayor shall hold office until a new Mayor and a new Deputy Mayor have been elected under sub-section (1) and, in a year in which general elections have been held, shall do so notwithstanding that they have not been returned as Councillors on the results of the elections.
2. (4) Notwithstanding anything contained in sub-section (1), on the date of commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999 (Mah. XXVII of 1999), the term of office of the Mayor, who is in office on the said date, shall be deemed to have come to an end and he shall have vacated his office on the said date. The Mayor in office having so vacated his office, the first meeting

for the purpose of election of the new Mayor, after the said date, shall be held by the Commissioner,

within a period of seven days from the said date and all other provisions of this Act relating to such election shall, mutatis mutandis, apply: Provided that, the Mayor in office immediately before the said date shall continue till the new Mayor enter the office.

1. (5) A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office.
2. (6) The Deputy Mayor may resign his office at any time by notice in writing to the Mayor and the Mayor may resign his office at anytime by notice in writing to the Corporation.
3. (7) If any casual vacancy occurs in the office of the Mayor or the Deputy Mayor, the Corporation shall as soon as conveninently after the occurrence of the vacancy, choose one of its number to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long only as the person in whose place he is appointed would have been entitled to hold it if the vacancy had not occurred.] 1[(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 eligble 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.]

2[37IA. Leader of Opposition.— (1) An elected Councillor who is, for the time being, the leader

of the party in opposition, having great numerical strength and recognised as such by the Mayor, shall be the Leader of the Opposition. Explanation.— Where there are two or more parties in the opposition, having the same numerical strength, the Mayor shall, having regard to the status of the party, recognise any one of the leaders of such parties as a Leader of the Opposition for the purposes of this Act and such recognition shall be final and conclusive.

1. (2) There shall be paid to the Leader of the Opposition such honoraria and allowances and other facilities as may be provided by regulations made in this behalf by the Corporation.] Sub-section (8) was added by Mah. 32 of 2011, s. 4. Section 37IA was substituted for sections 37IA to 37IE by Mah. 27 of 1999, s. 7.

1888 : III] The Mumbai Municipal Corporation Act 87

1[37IA-I. Leader of the House.— (1) An elected Councillor who is, for the time being, the Leader of the party having the greatest numerical strength and recognised as such by the Mayor shall be the Leader of the House. Explanation.— When there are two parties in ruling, having the same numerical strength, the Mayor shall, having regard to the status of the party, recognise the Leader of any one of such parties to be the Leader of the House.

1. (2) There shall be paid to the Leader of the House such honoraria and allowances and other facilities as may be provided by regulations made in this behalf by the Corporation.] 2[Honoraria, Fees and Allowances 37A. Honoraria, fees or allowances.— (1) With the previous sanction of the State Government, the Corporation may pay 3[Mayor and Deputy Mayor], each councillor such honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section: 4[Provided that the non-councillor members of the Education Committee shall be paid a fee of rupees one hundred per diem in lieu of honorarium and sitting allowance and the maximum of such fees shall not exceed rupees four hundred per month.] 5[(2) The Corporation shall place at the disposal of the Mayor 6[* * *] annually, such amount as sumptuary allowance, as the State Government may, from time to time, by an order dertermine.]
2. (3) Notwithstanding anything contained in section 16, the receipt by a councillor of any honorarium, fee or allowance as aforesaid shall not disqualify any person for being elected or being a councillor.]

7[37B. [Deleted]].

Committees

8[38. Appointment of consultative committees for special purposes.— The corporation may from time to time appoint

9[as laid down by the regulations made in this behalf] out of their own body such and so many committees consisting of such number of persons, and may refer to such committees

This section was inserted by Mah. 11 of 2002, s. 3. This heading and section 37A were inserted by Bom. 13 of 1958, s. 2. These words were substituted for the words “the Chairperson of the Corporation, the Deputy Chairperson, the Mayor, the Deputy Mayor, the members of the Mayor-in-Council” by Mah. 27 of 1999, s. 8(a)(i). This proviso was inserted by Mah. 27 of 1999, s. 8(a)(ii). Sub-section (2) was substituted by Mah. 21 of 1989, s. 4. The words “the Chairperson of the Corporation and the Deputy Chairperson” were deleted by Mah. 27 of 1999, s. 8(b). Section 37B was deleted by Mah. 27 of 1999, s. 9. Section 26 of Mah. 21 of 1992 reads as under :— “26. Reconstitution of Committees.— Where, by virtue of the amendments made to the relevant municipal law whereby the number of members on various committees of the Municipal Corporation or, as the case may be, the Municipal Council has been increased, arrangements shall, as soon as may be practicable, be made to reconstitute the committees with the increased number of its members, and notwithstanding anything contained in the relevant municipal law,—

1. (a) the term of office of the members who come to hold office as such members against the increased number of members on the committee shall expire with the expiry of term of office of the members holding-office as such member on the committee on the date of its reconstitution as aforesaid;
2. (b) no act or proceeding of any committee shall be deemed to be invalid at any time merely on the ground that no members against the increased seats were available to take office during the period from the date of commencement of this Act and ending on the date of reconstitution of the committee; and
3. (c) the validity of such act or proceeding shall not be questioned in any court or before any authority or officer merely on the ground aforesaid. Explanation.— The expression “relevant municipal law”,—
4. (a) in relation to the Municipal Corporation of Greater Bombay means, the Bombay Municipal Corporation Act (Bom. III of 1888);
5. (b) in relation to the Corporation of the City of Nagpur means, the City of Nagpur Corporation Act, 1948 (C. P. and Berar II of 1950);
6. (c) in relation to the Municipal Corporation of any other City means, the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LIX of 1949);
7. (d) in relation to a Municipal Council means, the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965).” These words were inserted by Mah. 10 of 1998, s. 13.

88 The Mumbai Municipal Corporation Act [1888 : III

for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as they shall think fit.

1[38A. Special committees of the Corporation.— (1) The Corporation may, from time to time, appoint, out of their own body, special committees including the Women and Child Welfare Committee and may by specific resolution carried by a vote of at least two-thirds of the members of the Corporation present at the meeting delegate any of their powers and duties to such committees, and may also by a like resolution define the sphere of business of each special committee so appointed, and direct that all matters and questions included in any such sphere shall, in the first instance, be placed before the appropriate committee and shall be submitted to the Corporation with such committee’s recommendation. (1A) On the Women and Child Welfare Committee not less than seventy-five per cent. of the members shall be from amongst women Councillors. Explanation.— For the purpose of computing the number of members at seventy-five per cent., fraction, if any, shall be rounded off to one.

1. (2) Every special committee shall conform to any instructions that may, from time to time, be given to them by the corporation.
2. (3) The Corporation may, at any time, dissolve or subject to any rules made by them in this behalf alter the constitution of any special committee.
3. (4) Every special committee shall appoint two of their members to be their Chairperson and Deputy Chairperperson: Provided that, no member shall, at the same time, be the Chairman of more than one special committee: Provided further that, the Chairperson and the Deputy Chairperson on the Women and Child Welfare Committee shall be from amongst the Women Councillor members thereof.
4. (5) In the absence of the Chairperson or Deputy Chairperson, the members of the special committee present, shall choose one of their members to preside over their meeting.
5. (6) All the proceedings of every special committee shall be subject to confirmation by the corporation: Provided that, any special committee may by a resolution supported by at least one-half of the whole number of members of the committee direct that action be taken in accordance with the decision of such committee without waiting for confirmation of their proceedings by the Corporation, if the committee considers that serious inconvenience would result from delay in taking such action; but if the Corporation do not confirm the proceedings of the special committee, such steps shall be taken to carry out any orders passed by the Corporation as may still be practicable: Provided further that, if, in delegating any of their powers or duties to a special committee under sub-section (1), the Corporation direct that the decision of the special committee shall be final, then so much of the proceedings of the special committee as relate to such powers or duties shall not be subject to confirmation by the Corporation if such decision is supported by at least one-half of the whole number of members of the committee.
6. (7) The Corporation may make rules for regulating the constitution of special committees and the conduct of business at meetings of such committees, and for the keeping of minutes and the submission of reports.

38B. Special committees of the Standing Committee, the improvements Committees or the

Education Committee.— The Standing Committee, the Improvements Committee or the Education Committee may, from time to time, by a resolution, carried by a vote of at least two-thirds of their members present at the meeting, delegate to any special committee appointed under section 38A any of

their powers and duties in respect of any matter with which such special committee are competent to

deal, or refer to any such committee any such matter for disposal or report, and every such special

Sections 38A to 50S were substituted for section 38A by Mah. 27 of 1999, s. 10.

1888 : III] The Mumbai Municipal Corporation Act 89

committee shall conform to any instructions that may, from time to time, be given to them by the Standing Committee, the Improvements Committee, or the Education Committee, as the case may be, in this behalf: Provided that every such resolution shall be reported by the Standing Committee, the Improvements Committee or the Education Committee, as the case may be to the Corporation as soon as possible, and the Corporation may at any time cancel such resolution. 38C. Appointment of sub-committees by the Improvements Committee.— The Improvements Committee may, from time to time, appoint out of their own body sub-committees consisting of such number of persons as the Improvements Committee may think fit and may refer to such sub-committees for inquiry and report or for opinion any matter with which the Improvements Committee is competent to deal under the provisions of this Act. 39. Appointment of primary Education Consultative Committee.— (1) The Corporation may appoint a Primary Education Consultative Committee.

1. (2) Such committee may be appointed by the Corporation either by itself or in consultation with the State Government.
2. (3) The constitution of such Committee shall be as provided by by-laws made under section 461.
3. (4) The Corporation may by any agreement with the State Government in this behalf refer to such Committee for inquiry and report or for opinion any question relating to the purposes of clause (a) of section 61. 40. A Committee may be appointed for other educational purposes.— The Corporation may, for the purpose of giving effect to measures and, arrangements in furtherance of secondary education or any branch of technical or other instructions, appoint or join in appointing a committee as may be determined by any by-law made under section 461, and such committee shall have in relation to the branch of education and the institutions for which it is appointed, the like powers and duties as are herein

assigned to the Education Committee, save as the same may be varied by any by-law made under the

said section. 41. Appointment of Hospital Committee.— The Corporation, either singly or in concurrence with the State Government, may appoint a Hospital Committee with such constitution, powers and duties with respect to hospitals and institutions for the benefit of the aged, sick and infirm, vesting wholly or partly in the corporation and supported or aided out of its funds as may be defined and provided by by-laws made under section 461 or by any agreement made with the State Government in this behalf. 42. Constitution of Standing Committee.— The Standing Committee shall consist of twenty seven councillors. 43. Members of the Standing Committee when to be appointed.— (1) The Corporation shall at their first meeting in the month of April, after general elections, appoint twenty six persons out of their own body to be members of the Standing Committee.

1. (2) The Chairman of the Education Committee shall also be a member of the Standing Committee.

44. Appointment of Chairman of Standing Committee.— (1) The Standing Committee shall at

their first meeting in each official year appoint one of their own number to be their Chairman until the first meeting of the said Committee in the next following official year.

1. (2) A member of the Standing Committee who ceases to be Chairman shall be re-eligible.
2. (3) If any casual vacancy occurs in the office of Chairman, the Standing Committee shall, as soon as they conveniently can after the occurrence of such vacancy, choose one of their number to fill such vacancy and every Chairman so chosen shall continue in office so long only as the person in whose place he is appointed would have been entitled to continue if such vacancy had not occurred.

45. Members of the Standing Committee to retire by rotation.— (a) One-half of the members

of the Standing Committee shall retire at noon on the first day of April every year.

90 The Mumbai Municipal Corporation Act [1888 : III

1. (b) The members who shall retire one year after the Standing Committee is constituted under section 43 shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.
2. (c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office: Provided that, in the case of a member who has been 1[re-appointed] the term of his office for the purposes of this clause shall be computed from the date of his 2[re-appointment].
3. (d) The term of office of the Chairman of the Education Committee as a member of the Standing Committee shall continue so long as he continues as such Chairman.

46. Appointment of members of Standing Committee to replace those who retire.— (1) The

Corporation shall at their ordinary meeting in the month of March appoint fresh members of the Standing Committee to fill the offices of those previously appointed by them who retire from time to time as aforesaid.

1. (2) Any councillor who ceases to be a member of the Standing Committee shall be re-eligible.

46A. Member of the Standing Committee absenting himself for three months from meetings

to vacate seat.— Any member of the Standing Committee who absents himself during three successive months from the meetings of the Committee, except on account of temporary illness or other cause to be approved by the Committee or absents himself from or is unable to attend the meeting of the Committee during eight successive months, from any cause whatever, whether approved by the Committee or not, shall cease to be a member of the Standing Committee and his seat shall thereupon be vacant.

47. Casual vacancies in the Standing Committee how to be filled up.— In the event of non-

acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death, resignation or disqualification of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 46A the vacancy shall be filled up as soon as it conveniently may be, by the appointment of a person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred.

48. Each Standing Committee to continue in office till a new Committee is appointed.— The

Standing Committee in existence on the day for the retirement of councillors shall continue to hold office until such time as a new Standing Committee is appointed under section 43, Notwithstanding that the members of the said Committee or some of them may no longer be Councillors. 49. Provisions regulating the proceedings of the Standing Committee.— The Standing Committee shall meet for the despatch of business in the chief municipal office and may, from time to time, make such regulations with respect to such meetings and with respect to the scrutiny of the municipal accounts as they think fit, subject to the following conditions:—

1. (a) there shall be a meeting of the Standing Committee once a week, and at such other times as shall be found necessary;
2. (b) the first meeting of each Standing Committee shall be held on a day and at a time to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner; and at every such time as the said committee, from time to time, determine;
3. (c) the Chairman of the Standing Committee shall, upon a written requisition signed by the Commissioner, call a special meeting of the said Committee within twenty-four hours of the transaction of any business which, in the opinion of the Commissioner, cannot be delayed until the next ordinary meeting of the said Committee;
4. (d) no business shall be transacted at a meeting of the Standing Committee unless at least nine members are present from the beginning to the end of such meeting; The words “re-appointed” were substituted for the words “re-elected” by Mah. 11 of 2007, s. 2(i). The words “re-appointment” were substituted for the words “re-election” by Mah. 11 of 2007, s. 2(ii).

1888 : III] The Mumbai Municipal Corporation Act 91

1. (e) every meeting of the Standing Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting, and, if the Chairman absent, by such one of the members present as may be chosen by the meeting to the Chairman for the occasion;
2. (f) every question shall be decided by a majority of votes of the members of the Standing Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;
3. (g) subject to any by-laws in this behalf made under clause (t) of section 461, the Standing

Committee may, from time to time, by a specific resolution in this behalf, delegate any of their

powers or duties to sub-committees consisting of such members of the said committee not less in number than three on each sub-committee as they think fit; and any sub-committee so formed shall conform to any instructions that may, from time to time, be given to them by the Standing Committee and the said committee may at any time discontinue or alter the constitution of any sub- committee so formed;

1. (h) a sub-committee may elect a Chairman of their meetings, and if no such Chairman is elected or if he is not present at the time appointed for holding any meeting, the members of the sub-committee, present shall choose one of their member to be chairman of such meeting;
   • (i) sub-committees may meet and adjourn as they think proper, but the chairman of the Standing Committee may, whenever he thinks fit, and shall, upon the written request of not less than two members of a sub-committee, call a special meeting of such sub-committee;
2. (j) questions at any meeting of a sub-committee shall be decided by a majority of votes of the members present and, in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote, but no business shall be transacted at any such meeting unless at least two thirds of the members of the sub-committee are present from the beginning to the end thereof;
3. (k) a minute shall be kept by the municipal secretary of the names of the members present and of the proceedings at each meeting of the Standing Committee and at each sub-committee’s meetings in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of the next ensuing meeting;
4. (l) a member of the Standing Committee shall not vote or take part in the discussion before the said committee or before any sub-committee of any matter in which he has, directly or indirectly, by himself or by his partner, any share or interest such as is described in clauses (g) to
5. (l) both inclusive, of section 16 or in which he is professionally interested on behalf of a client, principal or other person;
6. (m) the commissioner or where the Commissioner is unable to attend owing to absence or illness or for any other reasonable cause whatsoever, the Director or a Deputy Commissioner, shall have the same right of being present at a meeting of the Standing Committee and of taking part in the discussions thereat as a member of the said Committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting; but when required by the Standing Committee or the Chairman of that Committee the Commissioner shall himself attend the meeting of the Standing Committee, unless he is prevented from doing so on account of absence, illness or any other reasonable cause. 49A. Improvements Committee to be constituted for the purpose of carrying out the improvement of the city.— The Corporation shall appoint a Committee to be called the Improvements Committee for the purpose of the improvement of the city, in accordance with the provisions of this Act, and subject to such conditions and limitations as are in this Act contained. 49B. Constitution of the Improvements Committee.— The Improvements Committee shall consist of twenty-six councillors.

49C. Members of Improvements Committee when to be appointed.— The Corporation shall,

at their first meeting in the month of April after each general election, appoint twenty-six persons out of their own body to be members of the Improvements Committee. 49D. Appointment of Chairman of Improvements Committee.— (1) The Improvements Committee shall at their first meeting appoint one of their member to be their Chairman until the first

92 The Mumbai Municipal Corporation Act [1888 : III

meeting of the said Committee in the following official year, and thereafter, the said Committee shall at their first meeting in each official year appoint a member of their body to be their Chairman until the first meeting of the said Committee in the next following official year.

1. (2) A member of the Improvements Committee who ceases to be the Chairman shall be re-eligible.
2. (3) If any casual vacancy occurs in the office of Chairman, the Improvements Committee shall, as soon as they conveniently can after the occurrence of such vacancy, choose one of their member to fill such vacancy and every Chairman so chosen shall continue in office so long only, as the person in whose place he is appointed would have been entitled to continue if such vacancy had not occurred. 49E. Members of Improvements Committee to retire by rotation.— (a) One-half of the members of the Improvements Committee shall retire at noon on the first day of April every year.
   • (b) The members who shall retire one year after the Improvements Committee is constituted under section 49B shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.
   • (c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office: Provided that, in the case of a member who has been re-elected the terms of his office for the purposes of this clause shall be computed from the date of his re-election.

49F. Appointment of members of Improvements Committee to replace those who retire.—

1. (1) The Corporation shall at their ordinary meeting in the month of March appoint fresh members of the Improvements Committee to fill the offices of those previously appointed by them who retire, from time to time, as aforesaid.
2. (2) Any Councillor who ceases to be a member of the Improvements Committee shall be re-eligible.

49G. Casual vacancies in the Improvements Committee how to be filled up.— In the event of

non-acceptance of office by a Councillor appointed to be a member of the Improvements Committee or of the death, resignation or disqualification of a member of the said committee or of his becoming incapable of acting previous to the expiry of his term of office or of his office becoming vacant under clause (i) of section 491, the vacancy shall be filled-up, as soon as conveniently may be, by the appointment of a person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred. 49H. Improvements Committee to continue in office till a new Committee is appointed.— The Improvements Committee in existence on the day for the retirement of Councillors shall continue to hold office until such time as a new Improvements Committee is appointed under section 49C, notwithstanding that the members of the said committee or some of them may no longer be Councillors. 49I. Provisions to regulate the proceedings of the Improvements Committee.— The Improvements Committee shall meet for the despatch of business in the Chief Municipal Office and the Committee may, from time to time, make such regulations with respect to such meetings as they think fit, subject to the following conditions:—

1. (a) there shall be a meeting of the Improvements Committee once a month and at such other times as shall be found necessary;
2. (b) the first meeting of the Improvements Committee shall be held on a day and at a time to be fixed by the Mayor, and if not held on that day shall be held on some subsequent day to be fixed by the Mayor; and every subsequent meeting of the Improvements Committee shall be held on such day and at such time as the committee may, from time to time, determine;
3. (c) the Chairman of the Improvements Committee may, whenever he thinks fit, and shall,

upon a written requisition signed by the Commissioner or by not less than four members of the

Committee, call a special meeting of the said Committee within forty-eight hours for the transaction of any business;

1888 : III] The Mumbai Municipal Corporation Act 93

1. (d) no business shall be transacted at a meeting of the Improvements Committee unless at least nine members are present from the beginning to the end of such meeting;
2. (e) every meeting of the Improvements Committee shall be presided over by the Chairman, if the Chairman is absent, by such one of the members present as may be chosen by meeting to be Chairman for the occasion;
3. (f) every question shall be decided by a majority of votes of the members of the Improvements Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;
4. (g) a minute shall be kept by the municipal secretary of the names of the member present and of the proceedings at each meeting of the Improvements Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting;
5. (h) a member of the Improvements Committee shall not vote or take part in the discussion before the said committee or before any sub-committee of any matter in which he has, directly or indirectly, by himself or by his partner, any share on interest such as is described in clauses (g) to
6. (l) both inclusive, of section 16 or in which he is professionally interested on behalf of a client, principal or other person;
   • (i) the Commissioner or the Deputy Municipal Commissioner (Improvements) or, in the absence of the later, the Director or a Deputy Commissioner when authorised by the Commissioner in this behalf, shall have the same right of being present at a meeting of the Improvements Committee and of taking part in the discussions there-at as a member of the said Committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting;
7. (j) any member of the Improvements Committee who absents himself during three successive months from the meeting of the Committee, except on account of temporary illness or other cause to be approved by the Committee or absents himself from or is unable to attend the meetings of the Committee during eight successive months from any cause whatever, whether approved by the Committee or not shall cease to be a member and his office shall thereupon be vacant.

50. Constitution of Brihan Mumbai Electric Supply and Transport Committee and term of

office of its members.— (1) The Corporation shall appoint a Committee to be called the Brihan Mumbai Electric Supply and Transport Committee for the purpose of conducting the Brihan Mumbai Electric Supply and Transport Undertaking in accordance with the provisions of this Act, and subject to such conditions and limitations as are in this Act contained.

1. (2) The Committee shall consist of seventeen members.
2. (3) The Chairman of the Standing Committee shall be an ex-officio member of the committee and the other members shall be appointed by the Corporation from among persons, who, in the opinion of the Corporation, have had experience of, and have shown capacity in, administration, transport, or electric supply, or in engineering, industrial, commercial, financial or labour matters and of whom one atleast shall be a councillor and remaining may or may not be Councillors.
3. (4) (a) One half of the members of the Brihan Mumbai Electric Supply and Transport Committee shall retire at noon on the first day of April every year.
   • (b) The members who shall retire one year after the Brihan Mumbai Electric Supply and Transport Committee is constituted under this section shall be selected by lot at such time previous to the first day of March immediately preceeding and in such manner as the Chairman may determine.
   • (c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office:

94 The Mumbai Municipal Corporation Act [1888 : III

Provided that, in the case of a member who has been

1[re-appointed] the term of his office for the purposes of this clause shall be computed from the date of his

2[re-appointment].

1. (5) A person shall be disqualified for being appointed as, and for being a member of the Committee if, under the provisions of section 16, he is disqualified for being elected as, and for being, a Councillor.

50A. Disqualification of members of Brihan Mumbai Electric Supply and Transport

Committee.— (1) Any person who, having been appointed as a Member of the Brihan Mumbai Electric Supply and Transport Committee,—

1. (a) becomes disqualified for being a member of the committee under the provisions of sub- section (5) of section 50; or
2. (b) absents himself during six successive meeting of the committee except from temporary illness or other causes to be approved by the committee; or
3. (c) absents himself from or is unable to attend the meeting of the committee during six successive months from any cause whatsoever, shall cease to be a Member of the committee and his office shall thereupon become vacant.

1. (2) If any question or dispute arises whether a vacancy has occurred under sub-section (1), the Commissioner shall, at the request of the Corporation, apply to the Chief Judge of the Small Cause Court, and the said Chief Judge, after making such inquiry as he deems necessary shall determine whether a vacancy has occurred, and his decision shall be final.

50B. Casual vacancies how to be filled up.— In the event of non-acceptance of office by any

person appointed to be a member of the Brihan Mumbai Electric Supply and Transport Committee or of the death, resignation or disqualification of a member of the committee, or of his becoming incapable of acting, or of his office becoming vacant under the provisions of section 50A, the vacancy shall be filled up, as soon as conveniently may be, by the appointment by the Corporation of a duly qualified person thereto, and such person shall hold office so long only as the person in whose place he is appointed would have held it if the vacancy had not occurred.

50C. Chairman of Brihan Mumbai Electric Supply and Transport Committee.— (1) The

Brihan Mumbai Electric Supply and Transport Committee shall, after their appointment, at their first meeting in each official year appoint one of their members, who is a councillor, to be the Chairman until the first meeting of the committee in the next official year.

1. (2) The committee shall thereafter at their first meeting in each official year appoint one of their members, being a councillor, as Chairman until the first meeting of the committee in the next following year.
2. (3) The retiring Chairman shall be eligible for reappointment as Chairman.
3. (4) Notwithstanding the provisions of sub-sections (1) and (2), the Chairman shall vacate office as soon as he ceases to be a member of the committee.
4. (5) In the event of the office of Chairman falling vacant previous to the expiry of his term the committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of their member being a councillor, to fill such vacancy and the Chairman so appointed shall hold office so long only as the person in whose place he is appointed would have held it if such vacancy had not occurred.

50D. Meetings of Brihan Mumbai Electric Supply and Transport Committee.— (1) Brihan

Mumbai Electric Supply and Transport Committee shall meet for the despatch of business at such place as the Committee may from time to time decide and until a decision has been taken to meet elsewhere, shall meet in the Chief municipal office.

1. (2) The Committee may, from time to time, make such regulations with regard to the meetings of the Committee and sub-committees as the Committee think fit subject to the following conditions:—
   • (a) there shall be a meeting of the Committee once a fortnight and at such other times as shall be found necessary; The words “re-appointed” were substituted for the words “re-elected” by Mah. 11 of 2007, s. 3(i). The words “re-appointment” were substituted for the words “re-election” by Mah. 11 of 2007, s. 3(ii).

1888 : III] The Mumbai Municipal Corporation Act 95

1. (b) the first meeting of the Committee shall be held on a day and at a time to be fixed by the Mayor and, if not held on that day, shall be held on some subsequent day to be fixed by the Mayor, and every subsequent meeting of the Committee shall be held on such day and at such time as the Committee may from time to time determine;
2. (c) the Chairman of the Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner or the General Manager, or by not less than three Members of the Committee, within forty-eight hours of the receipt by him of the requisition, call a special meeting of the Committee for the transaction of any business;
3. (d) no business shall be transacted at a meeting of the Committee unless at least seven members are present from the beginning to the end of such meeting;
4. (e) every meeting of the Committee shall be presided over by the Chairman, if the Chairman is present at the time for holding the meeting, and if the Chairman is absent, by such one of the members as may be chosen by the meeting to be Chairman for the occasion;
5. (f) every question shall be decided by a majority of votes of the members of the Committee present and voting on that question, the presiding authority having a second or casting vote when there is equality of votes;
6. (g) the Committee shall cause to be kept a minute of the names of the members present and

of the proceedings at each meeting of the Committee in a book to be provided for this purpose,

which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting;

1. (h) a member of the Committee shall not vote upon, or take part in the discussion before the Committee or before any Sub-Committee of any matter in which he has directly or indirectly, by himself or by his partner, any share or interest such as is described in clauses (g) to (l), both inclusive, of sub-section (2) of section 16, or in which he is professionally interested on behalf of a client, principal or other person.

1. (3) The Commissioner and in his absence, the Director or a Deputy Commissioner authorised by the Commissioner in this behalf and the General Manager and in his absence any officer authorised by the General Manager in this behalf, shall have the same right of being present at a meeting of the Committee and of taking part in the discussion thereat as a member of the Committee, but shall not be at liberty to vote upon or make any proposition at such meeting. 50E. Fees for attendance at meetings of Brihan Mumbai Electric Supply and Transport

Committee.— The Chairman and members of the Brihan Mumbai Electricity Supply and Transport

Committee shall be paid such fees for attending meetings of the Committee as may be prescribed by rules framed by the Corporation under this section with the sanction of the State Government.

50F. Sub-Committees of the Brihan Mumbai Electric Supply and Transport Committee.—

1. (1) The Brihan Mumbai Electric Supply and Transport Committee may, from time to time, appoint one of their own body as Sub-Committee consisting of such number of persons as the Committee may think fit.
2. (2) The Committee may by specific resolution carried by the vote of at least two-third of their number present at the meeting delegate any of their powers and duties to a Sub-Committee and may also by a like resolution define the sphere of business of such Sub-Committee.
3. (3) The Committee may refer to a Sub-Committee appointed under sub-section (1) for inquiry and report or for opinion any matter with which the Committee is competent to deal.

education in this Act or in other law for the time being in force.

1. (2) The Education committee shall consist of twenty six members of whom twenty-two shall be Councillors and four shall be persons who are not councillors.
2. (3) The non-councillors to be so appointed shall be persons,—
   • (a) whose names are enrolled on the municipal election roll as voters;

96 The Mumbai Municipal Corporation Act [1888 : III

1. (b) who are graduates of universities recognised by the Corporation in this behalf;
2. (c) who have five years teaching or administrative experience in educational instructions; and
3. (d) who possess such other qualifications as the Corporation may determine in this behalf.

50H. Members of Education Committee when to be appointed.— The Corporation shall, as

soon as may be, after the commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999 (Mah. XXVII of 1999) and thereafter at their first meeting in the month of April, after every general election, appoint sixteen duly qualified persons to be members of the Education Committee.

50I. Disqualifications of members of Education Committee.— (1) A person shall not be eligible

for appointment as a member of the Education Committee,—

1. (a) if he is directly or indirectly interested in any immovable property on or in which any municipal school or office is located or in any institution or school which receives donation or grant-in-aid from the Corporation; or
2. (b) if, not being a councillor, he would have been disqualified for being elected as a councillor under section 16. Explanation.— A person shall be deemed to be interested within the meaning of clause (a) of this sub-section, if he derives or has been promised directly or indirectly, any pecuniary gain from or in

respect of such property, institution or school whether by way of a price or rent or premium or other

thing of value whether of the like nature or not.

1. (2) If any person having been appointed a member of the Education Committee,—
   • (a) becomes subject to any of the disqualifications mentioned in sub-section (1);
   • (b) absents himself during six successive meetings of the Committee, except from temporary illness or other cause to be approved by the Committee; or
   • (c) absents himself from or is unable to attend the meetings of the Committee during eight successive months from any cause whatsoever, he shall cease to be a member of the Committee and his office shall thereupon become vacant.

50J. Appointment of Chairman of Education Committee.— (1) The Education Committee

shall, at their first meeting in each official year, appoint one of their own member, being a councillor, to be their Chairman until the first meeting of the Committee in the next official year.

1. (2) The retiring Chairman shall be eligible for re-election.
2. (3) If any casual vacancy occurs in the office of the Chairman, the Education Committee shall, as soon as they conveniently can, after the occurrence of such vacancy, appoint one of their members being a councillor to fill such vacancy and every Chairman so appointed shall continue in office only so long as the person in whose place he is appointed would have been entitled to continue if such vacancy had not occurred.

50K. Members of Education Committee to retire by rotation.— (1) One-half of the councillor

members and one half of the other members of the Education Committee shall retire at noon on the first day of April every year.

1. (2) The member who shall retire on the first day of April next after the Education Committee is

constituted under section 50G shall be selected by lot at such time previous to the first day of March

immediately preceding and in such manner as the Chairman shall determine.

1. (3) During succeeding years the members who shall retire under sub-section (1) shall be the members who have been longest in office: Provided that, in the case of a member who has been re-appointed, the term of office for the purposes of this sub-section shall be computed from the date of his re-appointment.

50L. Appointment of members of Education Committee to replace those who retire.— (1)

The Corporation shall, subject to the provisions of section 50H, at their ordinary meeting in the month of March, appoint fresh members of the Education Committee to fill the offices of those who retire from time to time as aforesaid.

1888 : III] The Mumbai Municipal Corporation Act 97

1. (2) Any retiring member of the Education Committee shall be eligible for 1[re-appointment]. 50M. Casual vacancy in Education Committee how to be filled up.— (1) In the event non- acceptance of office by a person appointed to be a member of the Education Committee or of the death, resignation or disqualification of a member of the Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under sub-section (2) of section 50I, the vacancy shall be filled up as soon as it conveniently may be by the appointment by the Corporation of a person thereto who shall hold office so long only as the person in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred.
2. (2) If any question or dispute arises whether a vacancy has occurred under this section it shall be referred to the Corporation whose decision shall be final.

office until such time as a new Education Committee is appointed under section 50H notwithstanding that the members of the said Committee or some of them may no longer be Councillors. 50O. Education Committee to act notwithstanding default etc., in appointment of members.— The members duly appointed may perform all the functions legally pertaining to the Education Committee, notwithstanding any default, delay or defect in the appointment of any member.

50P. Meetings of Education Committee.— The Education Committee shall meet for the despatch

of business in the Chief Municipal Office and may from time to time, make such regulations with respect to such meetings and to the management of schools under their control as they think fit, subject to the following conditions:—

1. (a) there shall be a meeting of the Education Committee once a month, and at such other times as shall be found necessary;
2. (b) the first meeting of the Education Committee shall be held on a day and at a time to be fixed by the Mayor, and if not held on that day shall be held on some subsequent day to be fixed

by the Mayor; and every subsequent meeting of the Education Committee shall be held on such

day and at such time as the Committee may, from time to time, determine;

1. (c) the Chairman of the Education Committee may, whenever he thinks fit, and shall, upon a written request signed by not less than four members of the Committee, call a special meeting of the said Committee for the transaction of any business;
2. (d) no business shall be transacted at a meeting of the Education Committee unless at least nine members are present;
3. (e) every meeting of the Education Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting and, if the Chairman is absent, by such one of the members present as may be chosen by the meeting to be Chairman for the occasion;
4. (f) every question shall be decided by a majority of votes of the members of the Education Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;
5. (g) a minute shall be kept by the municipal secretary of the names of the members present and of the proceedings at each meeting of the Education Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting;
6. (h) a member of the Education Committee shall not vote or take part in the discussion before the said Committee or before any sub-Committee of any matter in which he has, directly or indirectly, by himself or by his partner, any share or interest such as is described in clauses (g) to
7. (l) both inclusive, of sub-section (2) of section 16 or in which he is professionally interested on behalf of a client, principal or other person. The word “re-appointment” was substituted for the word “re-election” by Mah. 11 of 2007, s. 4.

98 The Mumbai Municipal Corporation Act [1888 : III

50Q. Right of Municipal Commissioner and Education Officer to be present.— The Commissioner and the Education Officer and, in the absence of the Commissioner, any other officer authorised by the Commissioner in this behalf shall have the same right of being present at a meeting of the Education Committee and of taking part in the discussions thereat as a member of the said Committee, but none of them shall vote upon, or move any proposition at such meeting. 50R. Appointment of sub-committees by Education Committee.— The Education Committee may, from time to time appoint, out of their own body, sub-committees, consisting of such number of persons as the Education Committee may think fit, and may refer to such sub-committees for inquiry and report or for opinion in any matter with which the Education Committee is empowered by or under this Act to deal. 50S. Elections to Committees to be by proportional representation.—

1[(1)] Notwithstanding anything contained in this Act or the bye-laws made thereunder in the case of the following Committee, except where it is provided by this Act that the appointment of a Councillor to any Committee shall be by virtue of his holding any office, the appointment of Councillors to these Committees, whether in regular or casual vacancies,

2[shall be made by the Corporation by nominating Councillors in accordance with the provisions of sub-section (2)]:—

1. (1) Any consultative Committee appointed under section 38.
2. (2) Any special Committee appointed under section 38A.
3. (3) The Standing Committee.
4. (4) Improvements Committee.
5. (5) The Brihan Mumbai Electric Supply and Transport Committee.
6. (6) The Education Committee. 3[(2) In nominating the Councillors on the Committee, the Corporation shall take into account the relative strength of the recognised parties or registered parties or groups and nominate members, as nearly as may be, in proportion to the strength of such parties or groups in the Corporation, after consulting the Leader of the House, the Leader of Opposition and the leader of each such party or group: 4[Provided that, that the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be fruther divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or group or aghadi or front by first considering the whole number of their relative strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength starting from the highest fraction number in the relative strength, till all the seats are allotted:] Provided further that, for the purpose of deciding the relative strength of the recognised parties or registered parties or groups under this Act, the recognised parties or registered parties or groups, or elected Councillors not belonging to any party or group may, notwithstanding anything contained in the Maharashtra Local Authority Members’ Disqualification Act, 1986 (Mah. XX of 1987), within a period of one month from the date of notification of election results, form aghadi or front and, on its registration, the provisions of the said Act, shall apply to the members of such aghadi or front, as if it is a registered prepoll aghadi or front.
7. (3) If any question arises as regards the number of Councillors to be nominted on behalf of such party or group, the decision of the Corporation shall be final.]] Section 50S was re-numbered as sub-section (1) thereof and the portion beginning with the words “shall be made” and ending with the words “holding such elections” was substituted by Mah. 11 of 2007, s. 5(a). Section 50S was re-numbered as sub-section (1) thereof and the portion beginning with the words “shall be made” and ending with the words “holding such elections” was substituted by Mah. 11 of 2007, s. 5(a). Sub-sections (2) and (3) were added by Mah. 11 of 2007, s. 5(b). This proviso was substituted by Mah. 17 of 2012, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 99

50T.

2[Wards Committees 50TT. Constitution of Wards Committee.— (1) The Corporation shall constitute not more than twenty-five Wards Committees each comprising such contiguous wards as may be decided by the Corporation.

1. (2) Each Wards Committee shall consist of,—
   • (a) the Councillors representing the electoral wards within the territorial area of the Wards Committee; 3[* * * * * *]
   • (b) the Ward Officer incharge of the territorial area of the Wards Committee;
   • (c) such number of other members, not exceeding three, nominated by the Councillors referred to in clause (a), from amongst the members of recognised non-Government Organisations and community based organisations engaged in social welfare activities working within area of the Wards Committee:

Provided that, such persons are registered as electors in the Wards within the jurisdiction of the

Wards Committee: Provided further that, the norms for recognition of the non-Government Organisations, the requisite qualification for nomination as members and the manner in which they are to be nominated shall be such as the State Government may, prescribe.

1. (3) The duration of the Wards Committee shall be co-terminus with the duration of the Corporation.
2. (4) The elected Councillors referred to in clause (a) of sub-section (2) shall at the first meeting of the Wards Committee in each official year, elect from among themselves the Chairperson who shall hold office until the first meeting in the next following official year.
3. (5) The Chairperson of the Wards Committee shall be deemed to have vacated the office as soon as he ceases to be a Councillor.
4. (6) In the event of the office of the Chairperson falling vacant before the expiry of its term, the Wards Committee shall elect a new Chairperson: Provided that, the Chairperson so selected shall hold office so long only as the Chairperson in whose place he is elected would have held office if such vacancy had not occurred.
5. (7) The functions of the Wards Committee shall, subject to the general supervision and control of the Corporation, be,—
   • (a) speedy redressal of common grievances of citizens, connected with local and essential municipal services like water supply, drainage, sanitation and storm water disposal;
   • (b) to consider and make recommendations on the proposals regarding estimates of

expenditure pertaining to the wards under different heads of account of the budget before being

forwarded to

4[the Commissioner];

1. (c) to grant administrative approval and financial sanction to the plans for municipal works to

be carried out within the territorial area of the Wards Committee costing upto rupees five lakhs

provided that specific provision exists therefor in the budget sanctioned by the Corporation.

Section 50T was deleted by Mah. 10 of 1998 s. 17. This sub-heading and section 50TT was inserted by Mah. 41 of 1994, s. 34. The proviso was deleted by Mah. 27 of 1999, s. 11(a). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 11(b).

100 The Mumbai Municipal Corporation Act [1888 : III

1. (8) Notwithstanding anything contained in sub-section (7), the Corporation may by a resolution, delegate to a Wards Committee such other powers, authority and functions as it may deem fit and expedient.
2. (9) The Wards Committee shall meet at least once in a month at the Ward Office.] Provisions regarding validity of proceedings 1[51. Vacancy in Corporation or in any Committees not to invalidate its proceedings.— No Act or proceedings of the corporation or of any committee appointed under this Act shall be questioned on account of any vacancy in the Corporation or in any such Committee, as the case may be.] 52. Proceedings of corporation, etc. not vitiated by disqualification, etc., of members thereof.— No disqualification of, or defect in, the election or appointment

2[* *] of any person acting

as a councillor or as the

3[Mayor] or presiding authority of the corporation or as the

4[Chairman] or

5[of the Standing Committee or of any Committee or sub-Committee appointed under this Act shall be deemed to vitiate any act or proceeding of the corporation or Standing Committee or of any such Committee or sub-Committee] as the case may be, in which such person has taken part, whenever the majority of persons, parties to such act or proceeding, were entitled to act.

53. Proceedings of meetings to be deemed to be good and valid until the contrary is proved.—

Until the contrary is proved, every meeting of the corporation or

6[* *] of a

7[Committees or sub-

Committee] in respect of the proceedings whereof a minute has been made and signed in accordance with this Act shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified ; and where the proceedings are proceedings of a

8[Committees or sub-Committee] such

9[Committees or sub-Committee] shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.

10[53A. 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 untill such committee is constituted or in a position to exercise its powers and discharge its duties. 53B. Removal of Chairman or 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 or 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 under this section shall not affect his continuance as a Councillor for the remainder term of his office.]

11[(F) The Municipal Commissioner]

Section 51 was substituted by Mah. 13 of 1998. s. 9.

The words “or co-option” which were added by Bom. 6 of 1922, s. 21-A, and which were deleted by Bom. 17 of 1931, s.

7, are omitted. The word “Mayor” was substituted for the original word by Bom. 21 of 1931, s. 2(i). This word was substituted for the words “Chairperson of the Corporation” by Mah. 27 of 1999, s. 12(a). This portion was substituted for the portion begining with the words “as a Member of any Committees” and ending with the words “any such Committee” by Mah. 27 of 1999, s. 12(b). The words “or Standing Committee” were deleted by Mah. 10 of 1998, s. 18. These words were substituted for the word “Committee” by Mah. 27 of 1999, s. 13. These words were substituted for the word “Committee” by Mah. 27 of 1999, s. 13. These words were substituted for the word “Committee” by Mah. 27 of 1999, s. 13. Sections 53A and 53B were inserted by Mah. 32 of 2011, s. 5. This heading was substituted for the heading “(C) The Municipal Commissioner” by Bom. 48 of 1950, s. 26.

1888 : III] The Mumbai Municipal Corporation Act 101

54. Appointment of the Commissioner.— (1) The Municipal Commissioner for

1[Brihan Mumbai] shall be from time to time appointed by the

3[State] Government].

4[He may hold office for such period not exceeding three years as the State Government may fix and his appointment may be renewed by the State Government for a further period not exceeding three years: Provided that, when the Commissioner holds a lien on the service of the State Government, he may be recalled to such service at any time by the State Government.]

6[Notwithstanding the provisions of sub-section (1), the Commissioner shall] be forthwith removed by

7[the

9[State] Government] ] from the office if at a meeting of the corporation not less than

10[five-eighth of the whole number of councillors] shall vote in favour of a proposition in this behalf; and he may be removed by the

11[

12[State] Government] at any time if it shall appear to the

13[

14[State] Government] that he is incapable of performing the duties of his office or has been guilty of any misconduct or neglect which renders his removal expedient:

15[Provided that when the Commissioner holds a lien on the service of

16[the

17[

18[State] Government]], he shall not during the period of his appointment as Commissioner be removed from office without the approval of the corporation.]

19[(3) The State Government may appoint one or more persons to be called Additional Municipal Commissioners 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.

1. (4) The terms and conditions of service of a person appointed as Additional Municipal Commissioner shall be such as may from time to time be determined by the State Government by general or special order.
2. (5) Subject to the provisions of sub-section (4), every person so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.] 20[The Director These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This portion was substituted for the words “for a renewable period of three years.” by Mah. 22 of 1968, s. 2(a). The words “after consultation with the corporation” shall be deemed to have been deleted with effect from 1 st November 1991 by Mah. 8 of 1992, s. 3. These words were substituted for the words “But he shall” by Mah. 8 of 1992, s. 2(b). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “sixty-four councillors” by Bom. 7 of 1950, s. 9. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This proviso was added by Bom. 1 of 1925, s. 14. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Sub-sections (3), (4) and (5) were added by Mah. 43 of 1983, s. 8. This heading and section 54A were inserted by Mah. 53 of 1981, s. 8.

corporation may at any time, and from time to time, appoint a person to be the Director (Engineering Services and Projects), if it shall appear to it expedient to do so.

1. (2) Every person so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.] Deputy Municipal Commissioner 55. Appointment of a Deputy Municipal Commissioner.— (1) Subject to confirmation by the 1[ 2[State] Government], the corporation may at any time, and from time to time, appoint a person to be a Deputy Municipal Commissioner, if it shall appear to it expedient so to do. 3[(1A) With the previous approval of the State Government, the corporation may at any time, and from time to time, create one or more posts of additional Deputy Municipal Commissioners which it considers necessary and may, subject to confirmation by the State Government, appoint a fit person or persons to hold such post or posts.]
2. (2) Every person so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.

56. Functions of

4[the Director and Deputy Commissioner].— (1)

5[The Director or a Deputy Commissioner]

6[or an Additional Deputy Commissioner] so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him:

1. (2) Provided that,— 7[* * * * * * * *]
   • (b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to 8[the Director or a Deputy Commissioner.] 9[(2A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners, and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commissioner, for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1)].
2. (3) All acts and things performed and done by 10[the Director or a Deputy Commissioner] 11[and an Additional Deputy Commissioner], during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner. 12[56A. Appointment of Deputy Municipal Commissioner (Improvements).— (1) Subject to the previous approval of 13[the 14[State] Government] the Corporation shall, as soon as conveniently may be after the commencement of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), appoint a Deputy Municipal Commissioner to be styled the Deputy Municipal Commissioner The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Sub-section (1A) was inserted by Bom. 7 of 1950, s. 10. These words were substituted for the words “a Deputy Commissioner” by Mah. 53 of 1981, s. 9(d). These words were substituted for the words “a Deputy Commissioner” by Mah. 53 of 1981, s. 9(a). These words were inserted by Bom. 7 of 1950, s. 11(a). Clause (a) was deleted by Bom. 1 of 1897. These words were substituted for the words “a Deputy Commissioner” by Mah. 53 of 1981, s. 9(b). Sub-section (2A) was inserted by Bom. 7 of 1950, s. 11(b). These words were substituted for the words “a Deputy Commissioner” by Mah. 53 of 1981, s. 9(c). These words were inserted by Bom. 7 of 1950, s. 11(c). This section was inserted by Bom. 13 of 1933, s. 7. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 103

(Improvements). Such appointment shall be in addition to any appointment of a Deputy Municipal Commissioner made under sub-section (1) of section 55.

1. (2) Every person so appointed shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is subjected to under this Act.
2. (3) A person appointed as a Deputy Municipal Commissioner (Improvements) shall be appointed in the first instance for a period of five years, which may be renewed thereafter from time to time for a like or lesser period: 1[Provided that if such person is a Municipal Officer and due to retire under regulations made and applicable to him under section 81 on a date earlier than the expiry of the period of five years from the date of appointment or reappointment, he may be appointed or reappointed for a period of five years or a lesser period.]
3. (4) The person appointed to be the Chief Officer, under section 26 of the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), and holding that office at the commencement of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XVI of 1933), shall be the Deputy Municipal Commissioner (Improvements) under this Act until the Corporation shall have appointed a Deputy Municipal Commissioner (Improvements) under the provisions of sub-section (1) and until such Deputy Municipal Commissioner shall have entered on the discharge of the duties of his office.]

2[56B. Functions of the Deputy Commissioner (Improvements).— (1) The Deputy Municipal

Commissioner (Improvements) shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner in connection with the improvement of the city and such other duties of a Deputy Municipal Commissioner as the Commissioner may from time to time direct: Provided that the Commissioner shall inform the Corporation of the powers and duties which he from time to time deputes to the Deputy Municipal Commissioner (Improvements).

1. (2) All acts and things performed and done by the Deputy Municipal Commissioner (Improvements), during his tennure of the said office and in virtue thereof shall for all purposes be deemed to have been performed and done by the Commissioner.] Remuneration of Commissioner 3[, Director] and Deputy Commissioner

57. Salary of the Commissioner.— (1) The Commissioner shall receive

4[such monthly salary

5[as the State Government may, from time to time, determine]] in return wherever he shall, except as

hereinafter provided, devote his whole time and attention to the duties of his office as prescribed in this Act or in any other enactment for the time being in force.

1. (2) Duties which may be undertaken by the Commissioner outside of this Act.— Provided that he may at any time—
   • (a) hold the office of a trustee of the port of Bombay;
   • (b) with the sanction of the corporation, serve on any committee constituted for the purposes of any local inquiry or for the furtherance of any object of local importance or interest. 6[* * * * * * * *] This proviso was added by Bom. 76 of 1948, s. 3. This section was inserted by Bom. 13 of 1933, s. 7. The word “Director” was inserted by Mah. 53 of 1981, s. 10. These words were substituted for the original words by Bom. 13 of 1938, s. 26(1). These words were substituted for the words “not exceeding three thousand rupees and not less than two thousand rupees as the State Government may determine” by Mah. 8 of 1992, s. 4. Sub-section (3) was deleted by Bom. 13 of 1938, s. 26(2).

104 The Mumbai Municipal Corporation Act [1888 : III

58. Remuneration of

1[the Director and Deputy Commissioner.].—

2[The Director and a Deputy Commissioner] shall receive such monthly salary

3[as the Corporation shall, from time to time, with the approval of the State Government, determine: Provided that, the salary of

4[the Director or a Deputy Commissioner] shall not be altered to his disadvantage during his period of office.]

5[58A. Remuneration of the Deputy Municipal Commissioner (Improvements).— The Deputy Municipal Commissioner (Improvements) shall receive such monthly salary

6[as the Corporation shall, from time to time, with the approval of the State Government, determine]: Provided that the person holding office of the Chief Officer under section 26 of the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925) at the commencement of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), shall, so long as he, continues to be the Deputy Municipal Commissioner (Improvements) under the provisions of sub-section (4) of section 56A, receive a monthly salary of rupees two thousand and five hundred: Provided further that if the said person be appointed as Deputy Municipal Commissioner (Improvements) under sub-section (1) of section 56A, he shall receive from the commencement of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933) such monthly salary

7[* * *] as the Corporation shall from time to time determine:

8[Provided also that, the salary of the Deputy Municipal Commissioner (Improvements) shall not be altered to his disadvantage during his period of office.] Provisions for absence of Commissioner,

9[Director] or Deputy Commissioner on leave

59. Grant of leave of absence to the Commissioner,

10[Director] or Deputy Commissioner.—

1. (1) Leave of absence may be granted, from time to time—
   • (a) to the Commissioner, by the 11[ 12[State] Government], with the assent of 13[Standing Committee].
   • (b) to 14[the Director or a Deputy Commissioner] by 15[the Commissioner].
2. (2) Allowance whilst absent on leave.— The allowance to be paid to the Commissioner or 16[to the Director or a Deputy Commissioner] whilst so absent on leave shall be of such amount not exceeding These words were substituted for the words “a Deputy Municipal Commissioner” by Mah. 53 of 1981, s. 11(c). These words were substituted for the words “a Deputy Municipal Commissioner” by Mah. 53 of 1981, s. 11(a). This portion was substituted for the portion beginning with the words “not exceeding” and ending with the words “time to time, determine” by Mah. 5 of 1970, s. 2, with effect from 1 st April 1966. These words were substituted for the words “a Deputy Municipal Commissioner” by Mah. 53 of 1981, s. 11(b). New section 58A was inserted by Bom. 13 of 1933, s. 8. This was substituted for the portion beginning with the words “not exceeding” and ending with the words “time to time, determine” by Mah. 5 of 1970, s. 3(a), with effect from 1 st April 1966. The words “not exceeding rupees two thousand” were deleted by Mah. 10 of 1998, s. 19. This proviso was added by Mah. 5 of 1970, s. 3(b), with effect from 1 st April 1966. The word “Director” was inserted by Mah. 53 of 1981, s. 12(a). These words were substituted for the words “to a Deputy Commissioner” by Mah. 53 of 1981, s. 12(c)(i). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 14. These words were substituted for the words “a Deputy Commissioner” by Mah. 53 of 1981, s. 12(b)(i). These words were substituted for the words “the Corporation” by Mah. 10 of 1998, s. 20. These words were substituted for the words “Deputy Commissioner” by Mah. 53 of 1981, s. 12(c)(i).

1888 : III] The Mumbai Municipal Corporation Act 105

respectively the amount of the salary of the Commissioner

1[or the Director or Deputy Commissioner] as shall be fixed by the

3[State] Government] or the corporation, respectively: Provided that if the Commissioner

4[or the Director or Deputy Commissioner] is a

5[Government Officer], the amount of such allowance shall be regulated by the rules at the time in force relating to the leave allowances of officers of his class.

1. (3) Appointment and remuneration of acting Commissioner or acting 6[Director or a Deputy Commissioner].— During any absence of the Commissioner or of 7[the Director or a Deputy Commissioner] the 8[ 9[State] Government] or the corporation may appoint a person to act as Commissioner or

10[as the Director or a Deputy Commissioner,] as the case may be. Every person so

appointed shall exercise the powers and perform the duties conferred and imposed by this Act or by any other enactment at time in force on the person for whom he is appointed to act, and shall be subject to the same liabilities, restrictions and conditions to which the said person is liable, and shall receive such monthly salary, within the limits prescribed in sections 57,

11[58 and 58A], for

12[the Commissioner,

Director and a Deputy Commissioner] as

13[the

14[State] Government] or the corporation, respectively, shall determine. Disqualifications of the Commissioner,

15[Director] and Deputy Commissioner 60.

16[Commissioner, Director and Deputy Commissioner] not to be interested in any

17[contract] with the corporation.— (1) No person shall be qualified to be appointed or to be Commissioner

18[or Director] or a Deputy Commissioner who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of the corporation

19[* * * *].

1. (2) Any Commissioner 20[, Director] or Deputy Commissioner who shall acquire directly or indirectly, by himself or his partner, any share or interest in any such contract 21[* * *] as aforesaid shall

cease to be Commissioner,

22[Director or a Deputy Commissioner] as the case may be, and his office

shall become vacant.

These words were inserted by Mah. 53 of 1981, s. 12(c)(ii). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Mah. 53 of 1981, s. 12(c)(ii). The words “Government Officer” were substituted for the words “Servant of the Crown” by the Adaptation of Laws Order, 1950. These words were substituted for the words “acting Deputy Commissioner” by Mah. 53 of 1981, s. 12(e). These words were substituted for the words “a Deputy Commissioner” by Mah. 53 of 1981, s. 12(d)(i). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “as Deputy Commissioner” by Mah. 53 of 1981, s. 12(d)(ii). The words, figures and letter “58 and 58A” were inserted by Bom. 13 of 1933, s. 9. These words were substituted for the words “a Commissioner and a Deputy Commissioner” by Mah. 53 of 1981, s. 12(d)(iii). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted the word “Provincial” by the Adaptation of Laws Order, 1950. This word was inserted by Mah. 53 of 1981, s. 13(a). These words were substituted for the words “Commissioner and Deputy Commissioner” by Mah. 53 of 1981, s. 13(d). This word was substituted for the words “contract, etc.,” by Mah. 42 of 1977, s. 2(b). These words were inserted by Mah. 53 of 1981, s. 13(b). The words “or in any employment with, by or on behalf of the corporation other than as Commissioner or Deputy Commissioner, as the case may be” were deleted by Mah. 42 of 1977, s. 2(a). This word was inserted by Mah. 53 of 1981, s. 13(c)(i). The words “or employment” were deleted by Mah. 42 of 1977, s. 2(b). These words were substituted for the words “Commissioner, or a Deputy Commissioner” by Mah. 53 of 1981, s. 13(c)(ii).

106 The Mumbai Municipal Corporation Act [1888 : III

1. (3) Nothing in this section shall apply to any such share or interest in any contract 1[* * *] with, by or on behalf of the corporation as, under clauses (h) and (k) of section 16, it is permissible for a councillor to have without his being thereby disqualified for being a councillor. 2[(G) The General Manager]

4[State] Government, appoint a fit person to be the General Manager of the

5[Brihan Mumbai

Electric Supply and Transport Undertaking] who shall—

1. (a) devote his whole time and attention to the duties of his office: Provided that the General Manager may be permitted by the corporation to accept any

appointment, whether honorary or otherwise, which in the opinion of the corporation would not

interfere with his duties as General Manager;

1. (b) receive such monthly salary as the corporation shall from time to time, with the approval of the 6[State] Government determine 7[but the salary of the General Manager shall not be altered to his disadvantage during his period of office];
2. (c) be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of his office on the votes of not less than one-half of the total number of councillors.

1. (2) The General Manager shall be appointed for a period not exceeding five years in the first instance and his appointment may be renewed from time to time with the approval of the 8[State] Government for a period not exceeding five years at a time. 9[* * * * * * *]

60B. Leave of absence to General Manager.— (1) Leave of absence may be granted from time

to time to the General Manager

10[by the Brihan Mumbai Electric Supply and Transport Committee with the assent of the Corporation].

1. (2) The allowance to be paid to the General Manager whilst so absent on leave shall be of such amount, not exceeding the amount of his salary as shall be fixed by the corporation.
2. (3) During the absence of the General Manager on leave the 11[Committee with the assent of the Corporation] may appoint a person to act as General Manager. Every person so appointed shall exercise the powers and perform the duties conferred and imposed on the General Manager and shall be subject to the same liabilities, restrictions and conditions to which the General Manager is liable and shall receive such monthly salary, not exceeding the salary of the General Manager, as the corporation shall determine. 60C. Disqualifications of General Manager.— (1) No person shall be qualified to be appointed or to be General Manager who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of, the corporation 12[* * * * * * *]. The words “or employment” were deleted by Mah. 42 of 1977, s. 2(a). This heading was substituted for the original heading “(D) The General Manager” by Bom. 48 of 1950, s. 29. Sections 60A to 60C were inserted by Bom. 48 of 1948, s. 7. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Mah. 5 of 1970, s. 4. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Sub-section (3) was deleted by Mah. 32 of 2011, s. 6. These words were substituted for the words “by the Member in-charge of the Brihan Mumbai Electric Supply Transport Undertaking with the assent of the Mayor” by Mah. 27 of 1999, s. 15(a). These words were substituted for the word “Mayor” by Mah. 27 of 1999, s. 15(b). The words “or in employment with by or on behalf of the corporation other than the General Manager” were deleted by Mah. 42 of 1977, s. 3(a).

1888 : III] The Mumbai Municipal Corporation Act 107

1. (2) Any General Manager who shall acquire, directly or indirectly, by himself or by his partner, any share or interest in any such contract 1[* * * * *] as aforesaid shall cease to be General Manager.
2. (3) Nothing in this section shall apply to any such share or interest in any contract 2[* * *] with by, or on behalf of, the corporation as under clauses (h) and (k) of sub-section (2) of section 16, it is permissible for a councillor to have without his being thereby disqualified for being a councillor, or to any share or other interest in the Bombay Electric Supply and Tramways Company, Limited.]

3[60D. Appointment of Chief Accounts Officer.— (1)

4[The Brihan Mumbai Electric Supply and Transport Committee] shall appoint a fit person to be the Chief Accounts Officer of the

5[Brihan Mumbai Electric Supply and Transport Undertaking]. He shall—

1. (a) keep the accounts of the 6[Brihan Mumbai Electric Supply and Transport Undertaking] and perform such duties with regard to the Undertaking's accounts as shall be required of him by the 7[Brihan Mumbai Electric Supply and Transport Committee] or by the General Manager;
2. (b) devote his whole time and attention to the duties of his office;
3. (c) receive such monthly salary as

8[the Brihan Mumbai Electric Supply and Transport

Committee] shall, from time to time, with the approval of the Corporation, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;

1. (d) be removable at any time from office for misconduct, or for neglect of or incapacity for the duties of his office, by the 9[Brihan Mumbai Electric Supply and Transport Committee].] 10[* * * * * *]

Obligatory and Discretionary Duties of the Corporation

61. Matters to be provided for by the corporation.— It shall be incumbent on the corporation

to make adequate provision, by any means or measures which it is lawfully competent to them to use or to take, for each of the following matters, namely:—

1. (a) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, urinals and similar conveniences; 11[(aa) planning for economic and social development;
2. (ab) urban forestry, protection of environment and promotion of ecological aspects;]
3. (b) the construction and maintenance of work and means for providing a supply of water for public and private purposes;
4. (c) scavenging and the removal and disposal of excrementitious and other filthy matters, and of all ashes, refuse and rubbish; The words “or employment” were deleted by Mah. 42 of 1977, s. 3(b). The words “or employment” were deleted by Mah. 42 of 1977, s. 3(c). This section was inserted by Mah. 42 of 1976, s. 4. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 16(a). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “by the Member in-charge of the Brihan Mumbai Electric Supply Transport Undertaking” by Mah. 27 of 1999, s. 16(b). These words were substituted for the words “by the Member in-charge of the Brihan Mumbai Electric Supply Transport Undertaking” by Mah. 27 of 1999, s. 16(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 16(d). Sub-section (2) was deleted by Mah. 32 of 2011, s. 7. These clauses were inserted by Mah. 41 of 1994, s. 35.

108 The Mumbai Municipal Corporation Act [1888 : III

1. (d) the reclamation of unhealth localities, the removal of noxious vegetation and generally the abatement of all nuisances;
2. (e) the regulation of places for the disposal of the dead and the provision of new places for the said purposes;
3. (f) the registration of births and deaths; 1[(ff) public vaccination in accordance with the provisions of the Bombay Vaccination Act, 1877 (l of 1877);]
4. (g) measures for preventing and checking the spread of dangerous diseases; 2[(gg) establishing and maintaining public hospitals and dispensaries and carrying out other measures necessary for public medical relief;]
5. (h) the construction and maintenance of public markets and slaughter-houses and the regulation of all markets and slaughter-houses;
6. (j) the regulation of offensive and dangerous trades;
7. (k) the entertainment of a fire-brigade and the protection of life and property in the case of fire;
8. (l) the securing or removal of dangerous buildings and places;
9. (m) the construction, maintenance, alteration and improvement of public streets, bridges, culverts, causeways and the like 3[and also other measures for ensuing the safe and orderly passage of vehicular and pedestries traffic on streets];
10. (n) the lighting, watering and cleansing of public streets;
11. (o) the removal of obstructions and projections in or upon streets, bridges and other public places;
12. (p) the naming of streets and the numbering of premises;
13. (q) maintaining, aiding and suitably accommodating schools for primary education 4[subject always to the grant of building grants by 5[the 6[State] Government] in accordance with the Government Grant-in-aid Code for the time being in force];
14. (r) the maintenance of a municipal office and of all public monuments and other property vesting in the corporation; 7[(s) the obligations imposed by the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), upon the corporation arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925);
15. (t) the improvement of 8[Brihan Mumbai]].

9[62. Corporation to provide a monthly sum to

10[State] Government for maintaining certain medical institutions in

11[Mumbai].— (1) The corporation shall also provide and pay to

12[the

13[State]

Clause (ff) was inserted by Bom. 3 of 1907, s. 9(1). Clause (gg) was inserted by Bom. 3 of 1907, s. 9(1). This portion was added by Mah. 11 of 2002, s. 4. These words were added by Bom. 3 of 1907, s. 9(2). The words “the Provincial Government” were substituted for the word “Govern-ment” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. New clauses (s) and (t) were inserted by Bom. 13 of 1933, s. 10. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch. Sections 62 to 62D were substituted for s. 62 by Bom. 3 of 1907, s. 10. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Bombay” by Mah. 25 of 1996, s. 4(2). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 109

Government] on the first day of every month a sum of thirty-four thousand five hundred and forty-one rupees ten annas and eight pies, and in consideration of such monthly payments

1[the

2[State] Government] shall continue to control and maintain the institutions specified in Schedule U.

1. (2) Notwithstanding anything contained in clause (gg) of section 61, the corporation shall by such monthly payments be deemed to have made adequate provision for the maintenance of the said institutions and shall not be liable for any further expenditure in connection therewith. 3[62A. Fees to be charged by the corporation in public hospitals and dispensaries.— In public hospitals and dispensaries established and maintained, and in connection with other measures carried out, under clause (gg) of section 61 such fees, if any may be charged as may be prescribed by the corporation. 4[62B. Extent of benefit to corporation by change in policy of 5[State] Government in regard

to their liability, in respect of primary education.— If there should be at any time a change in the

general policy of

6[the

7[State] Government] in regard to their liability in respect of primary education, the corporation shall be entitled to benefit by such change in policy to the same extent as a city municipality.]

8[62BB. Directions by State Government regarding subjects etc., in schools.— The State Government shall have power to give to the corporation all such directions as it considers necessary in respect of subjects, curricula, text books and standards of teaching in primary schools vesting wholly or partly in the corporation and in schools wholly or partly maintained by grants payable, from municipal fund and the corporation shall comply with such directions.]

9[62C. Primary schools and schools maintained by grants to be open to officers appointed by

10[State] Government for inspection.— (1) All primary schools vesting wholly or partly in the corporation and all schools wholly or partly maintained by grants payable from the municipal fund shall at all times be open to all officers appointed by

11[the

12[State] Government] for the inspection of schools, and all resonable facilities shall be given to any such officer for visiting any such school for the purpose of inspection or examination.

1. (2) Every recommendation made regarding any such school by any such officer shall be duly considered by the 13[corporation] and the 14[corporation] may there upon take such action as may in their

opinion be required and shall, if so requested by the

15[Director of Education], in any particular case, inform him of their decision and the action, if any taken.

1. (3) In all matters connected with grants for the aid of primary schools other than municipal schools the 16[corporation] shall administer aid to schools complying with the necessary conditions in accordance with the provisions of the Government Grant-in-aid Code, subject to such modifications, if any, as may, The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Sections 62A and 62C came into force on the 1 st March 1909, see B.G.G., 1909, pt. I, p. 229. This section was substitued for the original section 62B by Bom. 15 of 1920, s. 20. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “ Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Section 62BB was inserted by Bom. 48 of 1950, s. 30. Sections 62A and 62C came into force on the 1 st March 1909, see B.G.G., 1909, pt. I, p. 229. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “ Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the words “school-committee” by Bom. 48 of 1950, s. 31. This word was substituted for the words “school-committee” by Bom. 48 of 1950, s. 31. These words were substituted for the words “Director of Public Instruction for the Presidency of Bombay” by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. This word was substituted for the words “school committee” by Bom. 48 of 1950. s. 31.

110 The Mumbai Municipal Corporation Act [1888 : III

from time to time be made in the said Code by the Corporation with the previous sanction of

1[the

2[State] Government].

3[62D. Corporation to provide annual sum for the Prince of Wales Museum of Western India.— The Corporation shall provide and pay the Trustees of the Prince of Wales Museum of Western India at the commencement of each official year a sum of fifty thousand rupees, for the purposes of the said Museum.]]

4[62E. Corporation to provide for maintenance of lunatics.—

5[(1) The corporation shall make payments at such rates per head as

6[the

7[State] Government] from time to time by general or special order, prescribed, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city which

8[the

9[State] Government] declares by notification to be suitable for such purpose, of pauper lunatics not being persons for whose confinement an order under Chapter XXXIV of the Code of Criminal Procedure, 1898 (V of 1898), is in force, resident within or under any enactment for the time being in force removed from, the city: Provided that the corporation shall not be liable under this section for the maintenance and treatment of any lunatic in any such asylum, hospital or house as aforesaid, unless such lunatic, previous to his admission thereto, has been resident in the city for at least one year:

11[Provided also that where an application is made to the High Court under the provisions of section 88 of the Indian Lunacy Act, 1912 (IV of 1912), no order for the payment of the cost of maintenance of

the lunatic by the corporation shall be made without an opportunity being given to the corporation to

show that the lunatic is not pauper and has an estate applicable to his maintenance or that there is a person legally bound, and having the means to maintain him]: Provided further that the rates prescribed by

12[the

13[State] Government] under this section shall not exceed half the total cost of maintenance and treatment incurred per head on account of the lunatics for whose maintenace and treatment the corporation shall be liable under this section.

14[(2) The officer-in-charge of an asylum, hospital or house to which lunatics for whose maintenance and treatment the corporation are liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of such persons detained in asylum, hospital or, house and shall furnish a copy thereof to the corporation.] 63. Matters which may be provided for by the corporation at their discretion.— The corporation may, in their descretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely:—

15[(a) slum improvement and upgradation;

1. (aa) urban poverty alleviation;] 16[(b) the furtherance of educational objects other than those mentioned in clause (q) of section 61; The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This section was substituted for the original by Bom. 48 of 1950, s. 32. The new section 62E was inserted by Bom. 1 of 1905, s. 16. This section was renumbered as sub-section (1) of that section by Bom. 76 of 1948, s. 4(1). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. See now the Code of Criminal Procedure, 1973 (2 of 1974). This proviso was inserted by Bom. 76 of 1948, s. 4(1). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This sub-section was inserted by Bom. 76 of 1948, s. 4(2). Clauses (a) and (aa) were inserted by Mah. 41 of 1994, s. 36. Clauses (b) to (e) were substituted for the original clauses by Bom. 12 of 1947, s. 2(i).

1888 : III] The Mumbai Municipal Corporation Act 111

1. (c) the establishment, aiding or maintaining libraries, museums, art-galleries, botanical or zoological collections;
2. (d) the laying out or the maintenance of public parks, gardens or recreation grounds;
3. (e) the planting and care of trees on roadsides and elsewhere];
4. (f) surveys of building or lands;
5. (g) registration of marriages; 1[(h) the taking of a census of the population];
6. (j) preparation and presentation of addresses to persons of distinction; 2[(jj) providing music in public places or places of public resort;
7. (jja) the construction, purchase, organisation, maintenance, extension and management of tramways, trackless trams, or mechanically propelled transport facilities for the conveyance of the public;
8. (jjb) the purchase, maintenance, management and conduct of any undertaking for the supply of electric energy or gas to the public or the subsiding of any such undertaking;
9. (jjc) the acquistion of immovable or movable property for any of the purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto, or the construction or adaptation of buildings necessary for such purposes]; 3[(jjd) with the previous sanction of the State Government and subject to such terms and conditions as the State Government may impose, subscribing to the share capital of any company or co-operative society, with a limited liability, established or to be established for providing any services in Greater Bombay which are directly or indirectly, useful to the Corporation in carrying out any of the duties imposed upon it by or under this Act or any other law for the time being in force;] 4[(jje) welfare measures for the Scheduled Castes, Scheduled Tribes, Vimukata Jatis and Nomadic Tribes and Nav-Budhas who are residing within the limits of the Corporation area, and in particular taking such measures for the amelioration of the conditions of these classes at the State Government may, from time to time, direct;]
10. (k) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction; 5[(l) making any contribution towards any public reception, ceremony or entertainment: Provided that, the total expenditure on account of such contributions during any official year shall not exceed one lakh of rupees or such higher amount as the State Government may, from time to time, by notification published in the Official Gazette, specify in this behalf;] 6[(m) subject to such terms and conditions, including provisions with regard to the control and supervision as the Corporation may deem fit to impose or make, making any contribution to a public trust registered under the Bombay Public Trusts Act, 1950 (Bom. XXIX of 1950) for establishing or running a hospital to provide medical facilities to the employees of the 8[Brihan Mumbai Electric Supply and Transport Undertaking] and the members of the families.] Clause (h) was substituted for the original clause by Bom. 12 of 1947, s. 2(ii). Clauses (jj), (jja), (jjb) and (jjc) were substituted for clause (jj) by Bom. 12 of 1947, s. 2(iii). Clause (jjd) was inserted by Mah. 42 of 1976, s. 5. Clause (jje) was inserted by Mah. 21 of 1989, s. 11(a). This portion was substituted for the portion beginning with the words “And with the previous sanction” and ending with the words “Greater Bombay” by Mah. 42 of 1977, s. 4. Clause (m) was added by Mah. 21 of 1979, s. 11(b). Now the Maharashtra Public Trusts Act. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2.

112 The Mumbai Municipal Corporation Act [1888 : III

1[63A. Performance of functions by agencies.— Where any duty has been imposed on, or any

function has been assigned to the Corporation under this Act or any other law for the time being in force, or the Corporation has been entrusted with the implementation of a scheme, the Corporation may—

1. (a) either discharge such duties or perform such functions or implement such scheme by itself; or
2. (b) subject to such directions as may be issued and the terms and conditions as may be determined by the State Government, cause them to be discharged, performed or implemented by any agency: Provided that the Corporation may also specify terms and conditions, not inconsistent with the terms and conditions determined by the State Government, for such agency arrangements.

63B. Environment Status Report.— The

2[Commissioner] shall, before the 31 st day of July every year, place before the Corporation a report on the status of environment within Greater Bombay in respect of the last preceding financial year, covering such matters and in such manner as may be specified by the State Government, from time to time.] Respective Functions of the Several Municipal Authorities

3[64. Functions of the several municipal authorities.— (1) The respective functions of the several municipal authorities and of any Committee appointed under sections 39, 40, 41, 49A or 50 shall be such as are specifically prescribed in or under this Act.

1. (2) Except as in this Act otherwise expressly provided, the municipal Government of Brihan Mumbai vests in the Corporation. (2A) On the occurrence of any accident or unforseen event, or on the threatened occurrence of any disaster, involving or likely to involve extensive damage to any property of the Corporation or danger to human or animal life, the Mayor and the Commissioner with the approval of the Mayor shall take such immediate action, as the emergency shall appear to them to justify and require, reporting forthwith to the Standing Committee or the Corporation, when they have done so, the action they have taken and their reasons for taking the same and the cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by a current budget grant: Provided that, in the absence of either the Mayor or the Commissioner, any one who is present shall take such immediate decision and action.
2. (3) Subject, whenever it is in this Act expressly so directed, to the approval or sanction of the Corporation or the Standing Committee or the Improvements Committee, or the Education Committee and subject also to all other restrictions, limitations and conditions imposed by this Act, the entire executive power for the purpose of carrying out the provisions of this Act vests in the Commissioner, who shall also—
   • (a) perform all the duties and exercise all the powers specifically imposed are conferred upon him by this Act;
   • (b) prescribe the duties of, and exercise supervision and control over, the acts and proceedings of all municipal officers and servants, other than the municipal secretary and the municipal officers and servants immediately subordinate to him and subject to regulations at the time being in force under section 81 dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;
   • (c) perform the duties and exercise the powers imposed or conferred upon the General Manager by this Act in his absence or on failure by him to perform or exercise the same;
   • (d) give such directives to the General Manager, in the performance of his duties and exercise of his powers, as the Commissioner may, from time to time, consider necessary. Where any such directives are given, the General Manager shall be bound to carry them out within the period specified on such directives or within such extended period as the Commissioner may, suo motu at the request of the General Manager, permit, so, however, that, the extended period shall not exceed three months in the aggregate. Where the General Manager fails to carry out the directives even Sections 63A and 63B were inserted by Mah. 41 of 1994, s. 37. This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 17. Section 64 was substituted by Mah. 27 of 1999, s. 18.

1888 : III] The Mumbai Municipal Corporation Act 113

within the extended period, the Commissioner shall be entitled to act under clause (c) above, as if there has been a failure by the General Manager to perform his duties or exercise his powers: Provided that, the Brihan Mumbai Electric Supply and Transport Committee may, by a resolution passed by a majority of not less than three-fourths of the total number of its members restrain the General Manager from carrying out any such directive or directives received by him from the Commissioner; and in case of such a restraint, the General Manager shall not be deemed to have failed in carrying out any such directive;

1. (e) be responsible for implementing the decision of the Corporation, the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee and the Education Committee: Provided that, the Corporation, the Standing Committee or any other Committee, as the case may be, shall obtain and take into consideration the remarks of the Commissioner, before making any resolution: Provided further that, if the Commissioner is of the opinion that the resolution passed or decision taken by the Corporation or any of the Committee is against the provisions of any law, for the time being in force or may lead to wastage of municipal fund or seeks to divert the funds allocated for any of the obligatory duties of the Corporation to some other purpose or is against the policy of the State Government, he may, before implementing the decision, seek the direction from the State Government shall, within forty-five days from the date of receipt of such reference made by the Commissioner, issue

direction to the Commissioner whether such decision should be implemented or not and the direction

issued by the State Government shall be binding on the Corporation, or the concerned Committee, as the case may be.

1[(3A) Where, any proposal of the Commissioner requires sanction or approval of any committee 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 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.]

1. (4) Subject whenever expressly so directed in this Act to the approval of the Corporation or the Brihan Mumbai Electric Supply and Transport Committee and subject also to all other restrictions, limitations and conditions imposed by this Act, the entire executive power for the purpose of carrying out the provisions of Chapter XVIA of this Act, vests in the General Manager who shall also,—
   • (a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act and perform such other duties in connection with the Brihan Mumbai Electric Supply and Transport Undertaking as may be required of him by the Brihan Mumbai Electric Supply and Transport Committee;
   • (b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and servants appointed under Chapter XVIA and subject to the regulations for the time being in force under section 460V, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;
   • (c) on the occurrence or threatened occurrence of any sudden accident for unforeseen event involving or likely to involve extensive damage to any property of the corporation pertaining to the Brihan Mumbai Electric Supply and Transport Undertaking or danger to human life arising from or in connection with any part of that undertaking, take such immediate action as the emergency shall appear to him to justify or require, reporting forthwith to the Brihan Mumbai Electric Supply and Transport Committee, when he has done so, the action he has taken and his reason for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant within the meaning of that expression as defined in section 130.] Sub-section (3A) was inserted by Mah. 32 of 2011, s. 8.

114 The Mumbai Municipal Corporation Act [1888 : III

1[Prevention of delay in discharge of official duties

64A. 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 (Mah. XXIX of 2011).

1. (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.

64B. Delegation of powers.— (1) The Commissioner shall publish the list of powers delegated to

the subordinate officers working under him, for taking final decision.

1. (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.

1. (3) Lists or powers delegated to the subordinate officers and the levels of submission shall be prepared and published within one year from the date of commencemet of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010 (Mah. XXIX of 2011) and shall be updated on the 1 st April of every succeeding year.

64C. 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 file required to be referred to any other Department but not to any Statutory Committee, decision and necessary action shall be taken within three months.

1. (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 approriate disciplinary action under the relevant disciplinary rules applicable to such employees.
2. (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. 64D. Non-application of provisions of section 64C in certain circumstances.— Nothing in section 64C shall apply to,—

1. (i) sub-judice matters;
2. (ii) cases referred to Lokayukta or Upa-Lokayukta and other Constitutional institutions, Commissions, etc.;
3. (iii) quasi-judicial matters;
4. (iv) cases related to the Central or other State Governments; This heading and sections 64A, 64B, 64C and 64D were inserted by Mah. 29 of 2011, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 115

1. (v) cases related to Legislation; and
2. (vi) cases involving major policy decisions.] 1[65. Corporation may call for extracts from proceedings etc., from committees.— The Corporation may at any time call for extracts from any proceedings of any Committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such Committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the Committee without unreasonable delay.] 66. Corporation may require the 2[Commissioner] to produce documents and furnish returns, reports, etc.— (1) The corporation may at any time require the 3[Commissioner]—

1. (a) to produce any record, correspondence, plan or other document which is in his possession or under his control as 4[Commissioner], or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him;
2. (b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal government of 5[Brihan Mumbai] 6[except in regard to 7[the Brihan Mumbai Electric Supply and Transport Undertaking];]
3. (c) to furnish a report by himself or to obtain from any head of a department subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the Municipal Government of 8[Brihan Mumbai] 9[except in regard to the 10[Brihan Mumbai Electric Supply and Transport Undertaking]]. (2) 11[Except as is hereinafter provided, every] such requisition shall be complied with by the 12[Commissioner] without unreasonable delay; and it shall be incumbent on every municipal officer and servant to obey any order made by the Commissioner in pursuance of any such requisition.

1. (3) Provided that if, on such requisition as aforesaid being made, the 13[Commissioner] shall declare that immediate compliance therewith would be prejudicial to the interests of the corporation or of the public, it shall be lawful for him to defer such compliance until a time not later than the second ordinary meeting of the corporation after he shall have declared as aforesaid. If at such meeting or any meeting subsequent thereto, the corporation shall repeat the requisition, and it shall then still appear to the 14[Commissioner] inexpedient to comply therewith, he shall make a declaration to that effect, whereon it shall be lawful for the corporation 15[to elect one councillor, who with the Mayor and the Chairman of the Standing Committee (or, if the Mayor is also Chairman of the Standing Committee, with the Mayor and one member of their own body elected by the Standing Committee) shall form a Committee] who shall engage to keep secret save as thereinafter provided, the existence and purport of such documents and matter as may be disclosed to them; and to the said committee the 16[Commissioner] shall be bound to make known and to disclose all writings and matters within his knowledge, under his control, or Section 65 was substituted for the original by Mah. 10 of 1998, s. 25. This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). This word was substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were added by Bom. 48 of 1948, s. 9. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. This word was substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were added by Bom. 48 of 1948, s. 9. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the word “Every” by Mah. 27 of 1999, s. 19(b). This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a) This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). This portion was substituted for the portion begining with the words “to form a Committee” and ending with the words “one Councillor chosen by the Corporation” by Mah. 27 of 1999, s. 19(c). This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a).

116 The Mumbai Municipal Corporation Act [1888 : III

available to him, and embraced within the requisition ; and the said committee having taken cognizance

of the information, writings and matters so laid before them shall determine, by a majority in case of

difference, whether or not the whole or any part, and which part, if any of such matters ought to be disclosed to the Corporation or kept secret for a defined time, which decision shall be conclusive and shall be reported to the Corporation at the next ordinary meeting thereof, where also the

1[Commissioner] shall be prepared to produce documents and to make any report or statement requisite to give effect to the decision of the Committee when called on to do so by the Corporation.

2[(4) The heads of departments subordinate to the

3[Commissioner] are the City Engineer, the Hydraulic Engineer, the Executive Health Officer, the Assessor and Collector, the Chief Accountant and the Education Officer.]

4[(5) In their application to matters relating to the

5[Brihan Mumbai Electric Supply and Transport Undertaking] the provisions of sub-sections (1), (2) and (3) shall have effect as if for the word

6[Commissioner] the words “General Manager” and for the words “Standing Committee” the words

7[Brihan Mumbai Electric Supply and Transport Committee]” had been substituted.]

8[66A. Right to ask questions.— (1) Subject to any regulations made in this behalf under section

36, a councillor may question the

9[Commissioner] who shall answer any question concerning or connected with the administration of this Act or the Municipal Government of

10[Brihan Mumbai]: Provided that—

1. (a) not less than seven clear days’ notice in writing specifying the question has been given to the Municipal Secretary;
2. (b) no question shall be asked—
   • (i) which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical propositions; or
   • (ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of 11[the territory of India]; or
   • (iii) which relates to the character or conduct of any Municipal Officer or servant except in his official or public capacity; or
   • (iv) which is or by implication may be, defamatory of or which makes or implies a charge of a personal character against any person or section of any community; or
   • (v) which contravenes any regulation made by the Corporation in this behalf under section 36.

1. (2) The 12[Mayor] shall disallow any question which is, in his opinion, in contravention to the provisions of sub-section (1).
2. (3) If any doubt arises whether any question is or is not within the restrictions imposed by sub-section (1), the 13[Mayor] shall decide the point and his decision shall be final. This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). This sub-section was substituted for the original by Bom. 48 of 1950, s. 34. This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). This sub-section was added by Bom. 48 of 1948, s. 9. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). These words were substituted for the words “Bombay Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2, Schedule. Section 66A was inserted by Bom. 23 of 1930, s. 3. This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 19(a). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “His Majesty’s possession” by the Adaptation of Laws Order, 1950. This word was substituted for the words “Mayor or any member of the Mayor-in-Council” by Mah. 27 of 1999, s. 20(a). This word was substituted for the words “Chairperson of the Corporation” by Mah. 27 of 1999, s. 20(c).

1888 : III] The Mumbai Municipal Corporation Act 117

1. (4) The 1[Mayor] shall not be bound to answer a question if in his opinion it cannot be answered without detriment to the interests of the Corporation or if, it asks for information which has been communicated to him in confidence.] 2[(5) The General Manager shall without unreasonable delay furnish the 3[Commissioner] with such information relating to the 4[Brihan Mumbai Electric Supply and Transport Undertaking] as he may require for the purpose of answering any question under this section.]

5[66B. Discussion on urgent public matters.— (1) Any Councillor may give notice of raising

discussion on a matter of urgent public importance to the Municipal Secretary specifying the matter to be raised.

1. (2) Such notice supported by the signatures of at least two other elected Councillors shall reach the Secretary at least seventy-two hours before the date on which such discussion is sought and the Secretary shall place before the 6[Mayor in his absence, the Deputy Mayor] authorised by him and circulate the same among the Councillors in such manner, as he may think fit.
2. (3) There shall be no formal resolution or voting. 66C. Asking for statement from 7[Commissioner].— (1) Any Councillor may ask for statement to be made by the 8[Commissioner] on an urgent matter relating to the administration of the Corporation by giving a notice to 9[the Commissioner] at least one hour before the commencement of the sitting on any day.
3. (2) The Mayor 10[* *] may either make a brief statement on the same day or fix a date for the same.
4. (3) Not more than two such matters shall be raised at the same sitting and in the event of more than two matters being raised, priority shall be given to the matters which are, in the opinion of the 11[Mayor] more urgent and important.
5. (4) There shall be no debate on such statement at the time it is made.] 67. Exercise of power to be subject to sanction by Corporation of the necessary expenditure.— The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act, which will involve expenditure shall, except in any case specified in sub-section (2) of section 115 12[or of section 460DD] be subject to the following provisos, namely:—
   • (a) that such expenditure, so far as it is to be incurred in the official year in which such power is exercised or duty performed shall be provided for under a current budget grant, within the meaning of that expression as defined in section 130;

13[* *]

1. (b) that, if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year, liability for such expenditure shall not be incurred without the sanction of the corporation; 14[(c) that, where the sanction to the Corporation is sought by the General Manager for any contract for the purposes of Chapter XVIA, the Corporation shall consider and dispose of such This word was substituted for the word “Mayor or any member of the Mayor-in-Council” by Mah. 27 of 1999, s. 20(d). Sub-section (5) was added by Bom. 48 of 1948, s. 10. This word was substituted for the words “Member of the Mayor-in-Council” by Mah. 27 of 1999, s. 20(e). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Sections 66B and 66C were inserted by Mah. 10 of 1998, s. 28. These words were substituted for the words “Chairperson of the Corporation, or in his absence, the Deputy Chairperson” by Mah. 27 of 1999, s. 21. This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 22(a). This word was substituted for the word “Mayor” by Mah. 27 of 1999, s. 22(a). This words was substituted for the words “Chairperson of the Corporation or, in his absence, the Deputy Chairperson” by Mah. 27 of 1999, s. 22(b). The words “or the Member-in-charge” were deleted by Mah. 27 of 1999, s. 22(c). This word was substituted for the words “Chairperson of the Corporation or, the Deputy Chairperson” by Mah. 27 of 1999, s. 22(d). These words were inserted by Bom. 48 of 1948, s. 10. The word “and” was deleted by Mah. 42 of 1976, s. 6(a). Clause (c) was added by Mah. 42 of 1976, s. 6(b).

118 The Mumbai Municipal Corporation Act [1888 : III

proposal within thirty days from the date on which the item is first included in the agenda of any meeting of the Corporation, failing which the sanction shall be deemed to have been given by the Corporation for such contract on the last day of the period of thirty days aforesaid. A report to that effect shall be made by the General Manager to the Corporation.]

2[Mayor,] Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any municipal officer to whom such power, duties or functions

are delegated by the concerned authority by general or special order made, from time to time, in this

behalf.] 68A.

4[68AA. Government officers may be empowered to exercise certain powers, etc., of the Commissioner.— (1) Notwithstanding anything contained in section 68 or any other provisions of this Act, the State Government may, after consultation with the Commissioner, by order published in the Official Gazette, empower any Government officer, who is holding or has held an office, which in its opinion is not lower in rank than that of Additional Collector, either by name or by virtue of office, also to exercise, perform and discharge the powers, duties and functions conferred or imposed upon and vested in the Commissioner by sections 314, 351 and 352A.

1. (2) The Government officer empowered under sub-section (1) may by order in writing direct that the powers, duties and functions conferred or imposed upon and vested in him by the State Government may also be exercised, performed and discharged, by such officer or officers subordinate to him, who are holding or have held an office which is not lower in rank than that of Deputy Collector, as may be authorised by him either by name or by virtue of office.
2. (3) When any Government officer is empowered under sub-section (1) or is authorised under sub- section (2), in each of sections 314, 351 and 352A, the word “Commissioner” shall be deemed to include any such officer.] 68B. 5[* * * * * * * *] Contracts 69. Power to the Commissioner to execute contracts on behalf of the corporation.— With respect to the making of contracts under or for any purpose of this Act, the following provisions shall have effect, namely:—
   • (a) every such contract shall be made on behalf of the Corporation by the Commissioner;
   • (b) no such contract, for any purpose which in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first of all been duly given; 6[(c) no contract, other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, which involves an expenditure exceeding rupees 7[fifty lakhs but not exceeding rupees seventy-five lakhs], shall be made by the Commissioner, unless the same is previously approved by the Mayor. For contracts involving expenditure in 8[excess of seventy-five lakh rupees], approval of the Standing Committee shall be necessary: Section 68 was substituted by Mah. 10 of 1998, s. 29. This word was substituted for the words “Mayor-in-Council, the Mayor, Member-in-charge” by Mah. 27 of 1999, s. 23. Section 68A was deleted by Mah. 10 of 1998, s. 30. Section 68AA was inserted by Mah. 71 of 1981, s. 2. Section 68B was deleted by Mah. 10 of 1998, s. 31. Clause (c) was substituted by Mah. 11 of 2002, s. 5.

These words were substituted for the words “ten lakhs but not exceeding rupees fifteen lakhs” by Mah. 32 of 2011,

s. 9(a). These words were substituted for the words “excess of fifteen lakh rupees” by Mah. 32 of 2011, s. 9(b).

1888 : III] The Mumbai Municipal Corporation Act 119

1[Provided that, every contract made by the Commissioner involving an expenditure exceeding five lakh rupees and not exceeding seventy-five lakh rupees shall be reported by him within fifteen days after the same has been made to the Standing Committee:]

2[Provided further that], the total amount of all sanctions granted by the Mayor shall not exceed

3[seven crore fifty lakh rupees] during a year:

4[Provided also that, notwithstanding anything contained in section 64,] the Standing Committee shall consider and dispose of the proposals made by the Commissioner within thirty days from the receipt thereof failing which the previous approval to such contract shall be deemed to have been given by the Standing Committee and a report thereof shall be made by the Commissioner to the Corporation.]]

5[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 or not.]

1. (e) the foregoing provisions of this section 7[shall, as far as may be,] apply to every contract which the Commissioner shall have occassion to make in the execution of this Act; and the same provisions of this section which apply to an original contact shall be deemed to apply also to any variation or discharge of such contract. 70. Mode of excecuting contracts.— (1) Every contract entered into by the Commissioner on behalf of the corporation shall be entered into in such manner and in form as would bind the Commissioner if such contracts were on his own behalf, and may in the like manner and form be varied or discharged: Provided that—
2. (a) where any such contract, if entered into by the Commissioner, would require to be under seal, the same shall be sealed with the common seal of the corporation; and
3. (b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding 8[fifty thousand rupees] shall be in writing and shall be sealed with the common seal of the corporation 9[in the manner prescribed in sub-section (2)] and shall specify the work to be done or the materials or goods to be supplied, as the case may be, the price to be paid for such work, materials or goods, and in the case of a contract for work, the time or times within which the same or specified portions thereof shall be completed. 10[(1A) Notwithstanding anything contained in the proviso (b) to sub-section (1) it shall be lawful

for the Commissioner in case of contracts relating to the execution of any work or the supply of any

materials or goods to dispense, by an order in writing, with the execution of a written instrument if such work has already been performed or the materials or goods have already been supplied to his satisfaction.]

11[(2) The common seal of the corporation which shall remain in the custody of the Municipal Secretary, shall be affixed in the presence of

12[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] to every contract or other instrument

13[other than contract relating to the acquisition of immovable property or interest therein or a right thereto,

This proviso was inserted by Mah. 32 of 2011, s. 9(c). These words were substituted for the words “provided that” by Mah. 32 of 2011, s. 9(d)(i). These words were substituted for the words “one crore rupees” by Mah. 32 of 2011, s. 9(d)(ii). These words and figures were substituted for the words “Provided further that” by Mah. 32 of 2011, s. 9(e)(i). This Explanation was added by Mah. 32 of 2011, s. 9(e)(ii). Clause (d) was deleted by Mah. 37 of 1981, s. 4(b). These words were substituted by Bom. 13 of 1933, s. 12(b). These words were substituted for the words “ten thousand rupees” by Mah. 10 of 1998, s. 33(a). These words, figure and brackets were inserted by Bom. 10 of 1935, s. 2(1). Sub-section (1A) was inserted by Bom. 12 of`1936, s. 4. Sub-section (2) was substituted for the original sub-section by Bom. 13 of 1933, s. 13. These words were substituted for the words “two members of the standing committee” by Mah. 32 of 2011, s. 10(a). These words were substituted for the words “other than a contract relating to the acquisition of immovable property or interest therein or right thereto” by Bom. 10 of 1935, s. 2(2).

120 The Mumbai Municipal Corporation Act [1888 : III

require to be under seal] and such contract or instrument shall be signed by

1[the said two persons] in token that the same was sealed in

2[their] presence.

3[The signature of

4[the said two persons]] shall be distinct from the signatures of any witnesses to the execution of any such contract or insturment:]

5[Provided that, in the case of any contract entered into for the purposes of clause (q) of section 61, the seal shall be so affixed in the presence of, and the contract shall be signed by, two members of the Education Committee

71. Contract not binding on the corporation unless executed as prescribed in section 70.—

No contract

7[of the nature specified in sub-section (2), of the last preceding section] not executed as in the

8[said] section provided shall be binding on the corporation. 72. Tenders to be invited for contracts involving expenditure exceeding

9[three lakhs

rupees].— (1) Except as is hereinafter otherwise provided, the Commissioner shall, at least seven days before entering into any contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding

10[three lakhs rupees] give notice by advertisement in the local newspapers, inviting tenders for such contract.

11[Provided that, the notice of any tender for contract not exceeding the amount of three lakh rupees shall be uploaded on the official website of the corporation.]

1. (2) The Commissioner shall not be bound to accept any tender which may be made in pursuance of such notice, but may accept, subject to the provisions of clause (c) of section 69, any of the tenders so made which appears to him, upon a view of all the circumstances, to be the most advantageous. 12[(3) Provided that the standing committee or in the case of a contract to be entered into for the purposes of clause (q) of section 61, the Education Committee may authorize the Commissioner, for reasons which shall be recorded in their proceeding, to enter into a contract without inviting tenders as herein provided or without accepting any tender which he may receive after having invited them.]

13[72A. Power to execute contracts with unemployed Engineers.— Notwithstanding anything

contained in this Act but subject to the terms and conditions, as may be determined by the State Government, by general or special orders, the Commissioner may enter into any contract for the execution of work, which involves expenditure not exceeding rupees five lakhs, with unemployed Engineers: Provided that, the terms and conditions so determined by the State Government shall also include the conditions as to the qualification, experience and the provisions for registration of the unemployed Engineers: Provided further that, the Corporation may also specify the terms and conditions, not inconsistent with the terms and conditions determined by the State Government for the execution of such contract.]

73. Security when to be taken for performance of contract.— The Commissioner shall require

sufficient security for the due performance of every contract in which he enters under the last preceding section, and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act.

These words were substituted for the words “the said two members” by Mah. 32 of 2011, s. 10(b). This word was substituted for the word “his” by Mah. 27 of 1999, s. 25(b). These words were substituted for the words “Members-in-charge” by Mah. 27 of 1999, s. 25(c). These words were substituted for the words “the said two members” by Mah. 32 of 2011, s. 10(c). This proviso was inserted by Mah. 27 of 1999, s. 25(d). The words “in lieu of two members of the standing committee” were deleted by Mah. 32 of 2011, s. 10(d). These words were inserted by Bom. 13 of 1933, s. 14(i). The word “said” was substituted for the words “last preceding” by Bom. 13 of 1933, s. 14(ii). These words were substituted for the letters and figures “Rs. 50,000” by Mah. 32 of 2011, s. 11(2). These words were substituted for the words “fifty thousand rupees” by Mah. 32 of 2011, s. 11(1)(a). This proviso was added by Bom. 13 of 1933, s. 11(1)(b). This sub-section was substituted by Mah. 27 of 1999, s. 26. Section 72A was inserted by Mah. 11 of 2002, s. 6.

1888 : III] The Mumbai Municipal Corporation Act 121

1[73-1A. Saving of contracts under Chapter XVI-A.— Nothing in sections 69 to 73, both inclusive, shall apply to contract made under Chapter XVI-A of this Act.]

2[Special Engineer, City Engineer, Hydraulic Engineer, Executive Health Officer, Education Officer, Municipal Secretary, Municipal Chief Auditor and other Officers]

3[73A. Appointment of Special Engineer.— (1) The Corporation may as soon as conveniently

may be after the coming into operation of the City of Bombay Municipal (Amendment) Act, 1947 (Bom. IV of 1947) appoint a Special Engineer to execute powers and perform duties in connection with all schemes for postwar reconstruction and general development of the City including schemes for water supply and slum clearance. A person appointed as Special Engineer shall hold the post for

4[such period not exceeding seven years as the Corporation may determine]. The Special Engineer shall also exercise and perform such powers, duties and functions under this Act as the Commissioner may from time to time direct.

1. (2) The Special Engineer shall receive such monthly salary and allowances as the corporation shall from time to time determine.
2. (3) The Special Engineer shall devote his whole time and attention to the duties of his office.
3. (4) The provisions of section 80B shall not apply to the appointment of the Special Engineer.
4. (5) The appointment of the Special Engineer shall be subject to confirmation by the 5[State] Government.
5. (6) During the continuance of the appointment of the Special Engineer—
   • (i) the operation of provisions of sections 74 and 75 in so far as they relate to the appointment of the City Engineer shall remain suspended ; and
   • (ii) any reference in this Act (other than this section and sections 74 and 75) to the “City Engineer” shall be deemed to be a reference to the “Special Engineer”.]

74. Appointment of

6[city engineer,] executive health officer and hydraulic engineer.— (1)

The corporation shall appoint fit persons to be municipal

7[city engineer], *municipal executive health officer,

9[and municipal hydraulic engineer].

1. (2) Each of the said officers shall—
   • (a) be appointed for a renewable term of five years : 10[Provided that if any of such officers is a municipal officer and due to retire under the

regulations made and applicable to him under section 81 on a date earlier than the expiry of the

period of five years from the date of his appointment or re-appointment, he may be appointed or re-appointed for a period of five years or a lesser period;

1. (b) devote his whole time and attention to the duties of his office; This section was inserted by Bom. 48 of 1948, s. 13. This heading was substituted for the heading “Special Engineer, City Engineer, Executive Health Officer and Hydraulic Engineer” by Bom. 48 of 1950, s. 39. Section 73A was inserted by Bom. 4 of 1947, s. 3. These words were substituted for the words “a period of five years” by Bom. 20 of 1952, s. 3. The amendment shall be deemed to have been made on and to have effect from the 21 st day of March 1952 [vide s. 21(1) of Bom. 20 of 1952]. This word was substituted for the word “Provincial” by the Adaption of Laws Order, 1950. The words “city engineer” were substituted for the original words “Executive Engineer” by Bom. 19 of 1930, s. 6. The words “city engineer” were substituted for the original words “Executive Engineer” by Bom. 19 of 1930, s. 6. The word “and” was omitted by Bom. 2 of 1911, s. 2(a). These words were added by Bom. 2 of 1911, s. 2(b). This proviso was added by Bom. 76 of 1948, s. 6.

122 The Mumbai Municipal Corporation Act [1888 : III

1[(c) receive such monthly salary as the corporation

2[shall, from time to time, with the approval of the State Government, determine ; but the salary of any such officer shall not be altered to his disadvantage during his period of office ;]

1. (d) be removable at any time from office for misconduct or for neglect of, or incapacity for the duties of the office, on the votes of not less than two-thirds of the members present at a meeting of the corporation :

1. (3) Provided that—
   • (e) no person shall be appointed to be executive health officer who is not a legally qualified medical practitioner;

4[(ee) the executive health officer may accept for such period as may be sanctioned by the

corporation any appointment, whether honorary or otherwise, which has for its object the promotion of public health, whether by means of education or otherwise, and which in the opinion of the corporation would not interfere with his duties as executive health officer;]

1. (f) the corporation may, in their discretion, appoint a person probationary, for a limited period only, to 5[any] of the said offices, previous to appointing him for the full term of five years;
2. (g) every appointment made under this section shall be subject to confirmation by 6[the 7[State] Government]. 8[(4) Any person appointed as City Engineer and Hydraulic Engineer shall be subordinate to the Director and shall perform their duties and exercise their powers, subject to the control and supervision of the Director.] 75. Time within which vacancy in office of 9[city engineer] or executive health officer or hydraulic engineer must be filled up.— (1) On the occurance of a vacancy in the office of 10[city engineer] or of executive health officer 11[or of hydraulic engineer] an appointment shall be made thereto by the corporation within four months from the date on which the vacancy occurred, or in the event of any appointment so made by them not being confirmed by 12[the 13[State] Government] within thirty days from the date of the receipt by the corporation of the order of 14[the 15[State] Government].

1. (2) In default of an appointment being made by the corporation as aforesaid 16[the 17[State] Government] may appoint a person to fill the vacancy, and such appointment shall for all purposes be deemed to have been made by the corporation. This clause was substituted for the original by Bom. 13 of 1938, s. 28. This was substituted for the portion beginning with the words “shall subject to the following” and ending with the words, letters and figures “less than Rs. 1,200” by Mah. 5 of 1970, s. 5, with effect from 1 st April 1966. Bom. 6 of 1943 by which the proviso was added to clause (c) of sub-section (2) of section 74 lapsed. The proviso, therefore, ceased to be in force with effect from 3 rd April 1948 and has been deleted. This clause was inserted by Bom. 6 of 1916, s. 3(3). The word “any” was substituted for the word “either” by Bom. 2 of 1911, s. 2(c). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. Sub-section (4) was added by Mah. 53 of 1981, s. 14. The words “city engineer” were substituted for the words “executive engineer” by Bom. 19 of 1930, s. 6. The words “city engineer” were substituted for the words “executive engineer” by Bom. 19 of 1930, s. 6. These words were inserted by Bom. 2 of 1911, s. 3. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the words “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the words “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 123

1. (3) Pending the settlement of an appointment under sub-section (1) or (2) the corporation may appoint a person to fill the vacancy temporarily and may direct that the person so appointed shall receive such monthly salary not exceeding 1[the maximum permissible under clause (c) of sub-section (2) of section 74, in respect of the officer in whose place such person is appointed] as it shall think fit. A person so appointed to be temporary executive health officer need not be a legally qualified medical practitioner. 76. Executive health officer to be the consulting officer of health under Bombay Act VI of 1867.— The executive health officer appointed under this Act shall be the consulting officer of health for the purposes of Bombay Act VI of 1867 (an Act for the better sanitary regulation of the City of Bombay). 2[Education Officer 76A. Appointment of Education Officer.— The corporation shall from time to time appoint a fit person to be the Municipal Education Officer, who shall—
   • (a) be subordinate to the Commissioner and subject to his orders shall exercise such of the Commissioner’s powers and perform such of the Commissioner’s duties in regard to primary 3[and secondary] education, as the Commissioner may from time to time assign to him;
   • (b) receive such monthly salary 4[as the Corporation shall, from time to time, with the approval of the State Government, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office];
   • (c) be removable at any time from office by the Corporation for misconduct or for neglect of or incapacity for duties of the office.] 5[Appointment of medical officers in connection with measures of public medical relief 76B. Corporation to appoint qualified medical practitioners to the charge of hospitals maintained by the corporation.—The corporation shall from time to time appoint such legally qualified medical practitioners as may be necessary to the charge of any hospital maintained by the corporation in connection with measures of public medical relief carried out under clause (gg) of section 61 and determine their salaries.] Municipal Secretary 77. Appointment of Municipal Secretary.— (1) The 6[corporation] shall from time to time appoint a fit person to be Municipal Secretary.
2. (2) The Municipal Secretary shall be secretary of the corporation and also of 7[the Standing Committee and the Improvements Committee] and shall—
   • (a) perform such duties as he is directed by this Act to perform and such other duties in and with regard to the corporation and 8[the Standing Committee and the Improvements Committee] as shall be required by him by those bodies respectively;
   • (b) have the custody of all papers and documents connected with the proceedings of—
     • (i) the corporation and any committee appointed by the corporation 9[under section 38 10[or 38A];] These words were substituted for the original words by Bom. 2 of 1900, s. 1. This heading and section 76A were substituted for the original by Bom. 48 of 1950, s. 41. These words were inserted by Mah. 21 of 1989, s. 14. This was substituted for the portion beginning with the words “not exceeding” and ending with the words “time to time determine” by Mah. 5 of 1970, s. 6, with effect from 1 st April 1966. This heading and section 76B were inserted by Bom. 3 of 1907, s. 13(1). The word “corporation” was substituted for the original words “standing committee” by Bom. 6 of 1922, s. 24(a). These words were substituted for the words “the Municipal Accounts Committee” by Mah. 27 of 1999, s. 27(a). These words were substituted by Mah. 27 of 1999, s. 27(b). These words and figures were added by Bom. 48 of 1948, s. 14. The word, figures and letter were inserted by Mah. 27 of 1999, s. 27(c)(i).

124 The Mumbai Municipal Corporation Act [1888 : III

1[(ii) the Standing Committee and any sub-Committee thereof;]

1. (iii) the Improvements Committee and any sub-Committee thereof;
2. (iv) the Education Committee and any sub-Committee thereof; 2[(v) the Wards Committees;]

1. (c) devote his whole time and attention to the duties of his office; 3[(d) receive such monthly salary 4[as the Corporation shall, from time to time, with the approval of the State Government, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office];]
2. (e) be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of the office by the 5[* * *] corporation.

78. Appointment of clerks and servants subordinate to the municipal secretary.— (1)

6[The Standing Committee in consultation with the Mayor and the Commissioner,] may from time to time ––

1. (a) appoint such clerks and servants to be immediately subordinate to the municipal secretary as they think fit;
2. (b) determine the nature and amount of the salaries, fees and allowances to be paid to the said servants and clerks respectively;
3. (c) prescribe or delegate to the municipal secretary the power of prescribing the duties of the said clerks and servants.

1. (2) Control, etc., of the said clerk and servant.—The municipal secretary, subject to the orders 7[of the Standing Committee] shall exercise supervision and control over the acts and proceedings of the said clerks and servants, 8[and the Standing Committee,] subject to the regulations at the time being in force under section 81, shall dispose of all questions relating to the service of the said clerks and servants and their pay, privileges and allowances. 9[Municipal Chief Auditor

78A. Appointment of Municipal Chief Auditor.— (1)

10[On and from the 10 th March 2011 being the date of commencement of section 2 of the Maharashtra Municipal Corporation (Amendment) Act, 2011 (Mah. XII of 2011), the State Government, shall appoint, on deputation a suitable officer, not below the rank of the Joint Director from the Maharashtra Finance and Account Services to be the Municipal Chief Auditor, on such terms and conditions as may be prescribed], who shall —

11[(a) perform such duties as he is directed by this Act to perform and such other duties with regard to the audit of the accounts of the municipal funds

12[the Water and Sewage Fund and the

Consolidated Water Supply and Sewage Disposal Loan Fund as shall be required of him by the

corporation or by the

13[Standing Committee] and with regard to the audit of the accounts of the

14[Brihan Mumbai Electric Supply and Transport Fund] as shall be required of him by the corporation or by the

15[Brihan Mumbai Electric Supply and Transport Committee];]

These clauses were inserted by Mah. 27 of 1999, s. 27(c)(ii). Sub-clause (v) was inserted by Mah. 41 of 1994, s. 38. Clause (d) was substituted by Bom. 48 of 1950, s. 42(i). This portion was substituted for the portion begining with the words “not exceeding” and ending with the words “time to time determine” by Mah. 5 of 1970, s. 7, with effect from the 1 st April 1966. The words were deleted by Bom. 6 of 1922, s. 24(b). This portion was substituted for the words “The Municipal Secretary in consultation with the Chairperson of the Corporation and the Mayor” by Mah. 27 of 1999, s. 28(a). These words were substituted for the words “of the Corporation” by Mah. 27 of 1999, s. 28(b)(i). These words were substituted for the words “and the Chairperson of the Corporation” by Mah. 27 of 1999, s. 28(b)(ii). This heading and these sections were inserted by Bom. 2 of 1938, s. 3. This portion was substituted for the words “The Corporation shall from time to time appoint a fit person to be Municipal Chief Auditor” by Mah. 12 of 2011, s. 2(a). Clause (a) was substituted for the original by Bom. 48 of 1948, s. 15. These words were inserted by Mah. 34 of 1973, s. 3. These words were substituted for the words “Municipal Accounts Committee” by Mah. 27 of 1999, s. 29(a). These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, s. 2, Sch. These words were substituted for the words “Municipal Accounts Committee” by Mah. 27 of 1999, s. 29(b).

1888 : III] The Mumbai Municipal Corporation Act 125

1. (b) devote his whole time and attention to the duties of his office;
2. (c) receive such monthly salary 1[as the Corporation shall, from time to time with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;]
3. (d) be removable at any time from office for misconduct or for neglect of, or incapacity for the duties of his office on the votes of not less than two-thirds of the members present at a meeting of the corporation:

2[Provided that, nothing in this section shall affect the appointment and terms and conditions of

services of the Municipal Chief Auditor holding office as such on the 10 th March 2011 being the date of commencement of section 2 of the Maharashtra Municipal Corporation (Amendment) Act, 2011 (Mah. XII of 2011).]

1. (2) The municipal chief auditor shall not be eligible for further office under the corporation after he has ceased to hold his office. 78B. Appointment, salaries, fees, allowances and duties of assistant auditors, clerks and servants subordinate to the municipal chief auditor.— (1) The 3[Standing Committee] may from time to time—
   • (a) appoint such assistant auditors, clerks and servants to be immediately subordinate to the municipal chief auditor as they think fit;
   • (b) determine the nature and amount of the salaries, fees and allowances to be paid to the said assistant auditors, clerks and servants respectively;
   • (c) prescribe or delegate to the municipal chief auditor the powers of prescribing the duties of the said assistant auditors, clerks and servants.
2. (2) Control, etc., of the said assistant, auditors, clerks and servants.— Subject to the orders of the 4[Standing Committee], the municipal chief auditor shall exercise supervision and control over the acts and proceedings of the said assistant auditors, clerks and servants, and the 5[Standing Committee], subject to the regulations at the time being in force under section 81, shall dispose of all questions relating to the service of the said assistant auditors, clerks and servants and their pay, privileges and allowances.] 6[Municipal Chief Accountant

78C. Appointment of Municipal Chief Accountant

7[(Finance)].— (1) The Corporation shall from time to time appoint a fit person to be the Municipal Chief Accountant

8[(Finance)]. He shall—

9[(a) be the Principal Municipal Finance Officer to advice the Commissioner on financial matters and perform such duties with regard to the municipal finance as shall be required of him by the Corporation,

10[Standing Committee] or the Commissioner;]

1. (b) devote his whole time and attention to the duties of his office;
2. (c) receive such monthly salary 11[as the Corporation shall, from time to time with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;]
3. (d) be removable at any time from office for misconduct, or for neglect of or incapacity for the duties of his office, by the corporation. This was substituted for the portion begining with the words “not exceeding” and ending with the words “from time to time determine” by Mah. 5 of 1970, s. 8, with effect from 1 st April 1966. This proviso was added by Mah. 12 of 2011, s. 2(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 30. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 30. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 30. This heading and section 78C were inserted by Bom. 48 of 1950, s. 44. These brackets and word were added by Mah. 11 of 2002, s. 7. These brackets and word were added by Mah. 11 of 2002, s. 7. Clause (a) was substituted for the original by Mah. 70 of 1975, s. 5(a). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 31. This was substituted for the portion beginning with the words “not exceeding” and ending with the words “from time to time determine” by Mah. 5 of 1990, s. 8, with effect from 1 st April 1966.

126 The Mumbai Municipal Corporation Act [1888 : III

2[78D. Appointment of

3[Municipal Chief Accountant (Water Supply and Sewerage)].— The Corporation shall, from time to time, appoint a fit person to be the

4[Municipal Chief Accountant (Water Supply and Sewerage).] He shall—

1. (a) keep the accounts of the Water and Sewerage Fund and the Consolidated Water Supply and Sewerage Disposal Loan Fund and perform such duties with regard to the said accounts as shall be required of him by the Corporation or 5[Standing Committee] or the Commissioner;
2. (b) devote his whole time and attention to the duties of his office;
3. (c) receive such monthly salary as the Corporation shall, from time to time, with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;
4. (d) be removable at any time from office for misconduct, or for neglect of or incapacity for, the duties of his office, by the Corporation.]

6[78E. Appointment of

7[Municipal Chief Accountant (Treasury)].—The Corporation shall, from time to time, appoint a fit person to be the

8[Municipal Chief Accountant (Treasury)]. He shall—

1. (a) be the Principal Municipal Trasury Officer and keep such municipal accounts and perform such duties with regard to the municipal accounts as shall be required of him by the Corporation, the 9[Standing Committee] or the Commissioner;
2. (b) devote his whole time and attention to the duties of his office;
3. (c) receive such monthly salary as the Corporation shall, from time to time, with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;
4. (d) be removable at any time from office for misconduct, or for neglect or incapacity for the duties of his office, by the Corporation.] Other Officers and Servants 79. Schedule of other officers and servants to be prepared by the commissioner and sanctioned by the Standing Committee 10[or the Education Committee].— (1) The Commissioner shall, 11[* *] from time to time, prepare and bring before the 12[Standing Committee] a schedule setting forth the designations and grades of the other officers and servants 13[other than the officers and servants to be appointed for the purposes of clause (q) of section 61]; who should, in his opinion, be maintained,

and the amount and nature of the salaries, fees and allowances which, he proposes, should be paid to

each.

14[(1A) The Commissioner shall, from time to time, prepare and bring before the

15[Education Committee] a schedule setting forth the designations and grade of the officers and servants to be appointed for the purposes of clause (q) of section 61, who should in his opinion be maintained, and the amount and nature of the salaries, fees and allowances which, he proposes, should be paid to each].

Sub-section (2) was deleted by Mah. 70 of 1975, s. 5(b). Section 78D was inserted by Mah. 34 of 1973, s. 4. These words were substituted for the words “Additional Municipal Chief Accountant” by Mah. 11 of 2002, s. 8. These words were substituted for the words “Additional Municipal Chief Accountant” by Mah. 11 of 2002, s. 8. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 32. Section 78E was inserted by Mah. 70 of 1975, s. 6. These words were substituted for the words “Joint Municipal Chief Accountant” by Mah. 11 of 2002, s. 9. These words were substituted for the words “Joint Municipal Chief Accountant” by Mah. 11 of 2002, s. 9. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 33. These words were inserted by Bom. 48 of 1950, s. 45(4). These words were deleted by Act 16 of 1895. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 34(a). This portion was inserted by Bom. 48 of 1950, s. 45(1). Sub-section (1A) was inserted by Bom. 48 of 1950, s. 45(2). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 34(b).

1888 : III] The Mumbai Municipal Corporation Act 127

1[The Standing Committee or the Education Committee, as the case may be,] shall sanction such schedule either as it stands or subject to such modifications, as they deem expedient: Provided that no new office of which the aggregate emoluments exceed

2[rupees five hundred] per month shall be created without the sanction of the Corporation:

3[Provided further that the

4[Education Committee shall before sanctioning the schedule] obtain thereto the previous approval of the State Government and make such modifications therein as the State Government may direct:]

5[Provided also that, any sanction accorded under this sub-section shall take effect from the date of such sanction, or such other date (which may be retrospective) as may be specified therein; but no such sanction shall take effect from a retrospective date without the previous approval of the State Government, or so as to vary the conditions of service of any officer or servant to his disadvantage with retrospective effect.]

6[(3) Nothing in this section shall be construed as affecting the right of the corporation or of the Commissioner to make any temporary appointment which they or he are empowered to make under section 80A.]

80. Restriction of employment of permanent officers and servants.— No permanent officer or

servant shall be entertained in any department of the municipal administration unless he has been appointed under sections

8[60A],

9[73A], 74,

10[76A and 76B], 77,

11[78, 78A],

12[78B or 78C] or his office and emoluments are included in the schedule at the time in force prepared and sanctioned under the last preceding section:

13[* * * * * * * * *] 14,15 [80A. Power of appointment in whom to vest.— (1) The power of appointing municipal officers, whether temporary or permanent

16[to the posts which rank equivalent to or higher than, the post of Executive Engineer set forth in a schedule for the time being in force prepared and sanctioned under section 79], shall vest in the Corporation:

17[Provided that, temporary appointments to such posts for loan works may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee; or in the case of works undertaken for the purpose of clause (q) of section 61, of the Education Committee; the Commissioner shall forthwith report every such appointment when made to the

These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 34(c). These words were substituted for the words “rupees two hundred” by Mah. 39 of 1961, s. 6. This proviso was added by Bom. 48. of 1950, s. 45(3). These words were substituted for the words “Mayor-in-Council shall before sanctioning the schedule, for the purposes of clause (q) of section 61” by Mah. 27 of 1999, s. 34(c)(ii). This proviso was added by Mah. 7 of 1971, s. 2. This sub-section was added by Bom. 76 of 1948, s. 7. The figure “39” was deleted by Bom. 48 of 1950, s. 46(1). The figure and letter “60A” were inserted by Bom. 48 of 1948, s. 16. The figure and letter “73A” were inserted by Bom. 4 of 1947, s. 5. These figures, word and letters were inserted by Bom. 3 of 1907, s. 13(1). These figures, word and letters were substituted for “or 78” by Bom. 2 of 1938, s. 4. The word, figures and letters were substituted for the word, figures and letters “or 78B” by Bom. 48 of 1950, s. 46(2). The proviso was deleted by Mah. 10 of 1998, s. 43. Section 6 of Bom. 4 of 1947 reads as follows :— “6. Validation of act of Special Engineer appointed under section 80A.—All the powers, duties and functions of the City Engineer exercised and performed by the Special Engineer appointed under section 80A of the said Act during the period from 26 th September 1946 to the date on which the City of Bombay Municipal (Amendment) Act, 1947 (Bom. IV of 1947) comes into operation shall be deemed to be and always be deemed to have been validly excercised and performed; and no acts done by the said Special Engineer shall after the coming into operation of this Act be deemed to be invalid or called in question on the ground only that the said powers and duties in the purported exercise of which the said acts were done were not at the time when, the said acts were done lawfully vested in him, and the said Special Engineer is now hereby indemnified and discharged from liability in respect of such acts.”. Section 80A was added by Bom. 6 of 1922, s. 20. This portion was substituted for the words “to the posts with a minimum monthly salary, exclusive of allowances of rupees one thousand two hundred or more” by Mah. 33 of 1989, s. 6(a)(i). This proviso was inserted by Mah. 27 of 1999, s. 35(a).

128 The Mumbai Municipal Corporation Act [1888 : III

Corporation. No such appointment shall be renewed on the expiry of the said period of six months without the previous sanction of the Corporation.]

1. (2) Save as otherwise provided in this Act, the power of appointing municipal officers and servants 1[whether temporary or permanent, shall] vest in the Commissioner:] 2[Provided that such power in respect of permanent appointments shall be subject to the schedule for the time being in force prepared and sanctioned under section 79: Provided further that no temporary appointment shall be made by the Commissioner for any period exceeding six months and no such appointment 3[ 4[to a post which ranks higher than the post of a Registration Assistant set forth in a schedule for the time being in force prepared and sanctioned under section 79] shall be renewed by the Commissioner on the expiry of the said period of six months without the previous sanction of the 5[Standing Committee or of the Education Committee, as the case may be].] 6[Explanation.— For the purposes of this section, sub-section (1) of section 80B and section 460U, a post shall be deemed to rank equivalent to, or higher than, the post if the minimum of the pay-scale of the former is equivalent to, or higher than, the minimum of the pay-scale of the later.]

7[80B. Manner of making appointment.—

8[(1) No person shall be appointed to a post—

9[(a) the power of appointment to which vest in the corporation or the

10[Standing Committee] and which is equivalent to, or higher than, the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79; or]

11[(b) the power of appointment to which vest in the Brihan Mumbai Electric Supply and Transport Committee and which is equivalent to, or higher than, the post of Secretary set forth in the schedule sanctioned by the Brihan Mumbai Electric Supply and Transport Committee and the Corporation under section 460R;] except after consultation with the Commission in accordance with the rule made under this section:]]

12[Provided that, it shall not be necessary for the Commission to be consulted in the case of posts in the Water Supply and Sewerage Department falling under clause (a) and connected with the Water Supply and Sewerage Projects financed partly with assistance from the International Development Association, being posts specified by the Commissioner in this behalf

13[and which ranks lower than the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79.]

1. (2) Nothing in sub-section (1) shall apply to any acting or temporary appointment for a period not exceeding six months 14[or to appointments to such ministerial post as may, from time to time, be specified by the State Government in consultation with the Commission when such posts are to be filled by promotion]. 15[(2A) The provisions of sub-section (1) shall not apply also to appointment of any officer,— These words were substituted for the original by Bom. 76 of 1948, s. 8. These provisos were added by Bom. 76 of 1948, s. 8. This portion was substituted by Mah. 43 of 1983, s. 10(2). This portion was substituted for the words “carrying a monthly salary of more than six hundred rupees exclusive of allowance” by Mah. 33 of 1989, s. 6(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 35. This Explanation was added by Mah. 33 of 1989, s. 6 (c). This section was substituted by Bom. 48 of 1950, s. 47(2). Sub-section (1) was substituted by Mah. 11 of 1964, s. 5(a). Clause (a) was substituted by Mah. 33 of 1989, s. 7(a). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 36(a)(i). Clause (b) was inserted by Mah. 27 of 1999, s. 36(a)(ii). This proviso was added by Mah. 34 of 1973, s. 5. This portion was substituted for the portion beginning with words “and the minimum” and ending with the words “per annum” by Mah. 33 of 1989, s. 7(c). These words were inserted by Bom. 64 of 1953, s. 3. This sub-section was inserted by Bom. 62 of 1954, s. 2(1). This amendment shall be deemed to have been made on and to have effect from the 14 th May 1954 [See s. 2(2) of Bom. 62 of 1954].

1888 : III] The Mumbai Municipal Corporation Act 129

1. (b) who is a member of the Indian Administrative Service, 2[the Indian Police Service or the Indian Audit and Accounts Service, to any such post on foreign service conditions.]

1. (3) The State Government shall after consultation with the Corporation and Commission make rules for prescribing,—
   • (a) the procedure to be followed by the Commission in advertising the post, calling for applications, scrutinising the same and selecting the candidates for interview; 3[(b) the procedure to be followed by the Commission for selecting candidates and by the Corporation or the Brihan Mumbai Electric Supply and Transport Committee, as the case may be, for consultation with the Commission;]
   • (c) the procedure for enabling the Municipal 4[or the 5[Brihan Mumbai Electric Supply and Transport Undertaking]] Officer or Officers to attend the interview to advise the Commission;
   • (d) the procedure to be followed in case there is a difference of opinion between the Commission and the appointing authority;
   • (e) the fees and other costs to be paid to the Commission by the Corporation 6[or the 7[Brihan Mumbai Electric Supply and Transport Undertaking, as the case may be,]] for consultation and other incidental matters;
   • (f) any other matter which is necessary or incidental for the purpose of consultation with the Commission. 8[(4) (a) in the case of posts referred to in clause (a) of sub-section (1)—the Corporation, and
   • (b) in the case of posts referred to in clause (b) of that sub-section—the Brihan Mumbai Electric Supply and Transport Committee, shall with the previous sanction of the State Government, make rules prescribing the qualifications to be possessed by candidates eligible for appointment to such posts: Provided that, any such rule to be made by the Brihan Mumbai Electric Supply and Transport Committee, before submission to the State Government, shall be confirmed by the Corporation.]
2. (5) The rules made under this section shall be published in the Official Gazette. (6) 9[(a)] Any rules made prescribing qualifications for appointment to any such post which were in force immediately before the Bombay Municipal Corporation and City of Bombay Primary Education (Amendment) Act, 1950 (Bom. XLVIII of 1950), comes into force, shall continue in force and be deemed

to have been made under this section unless and until they are superseded or amended by rules made

under this section.

10[(b) Any rules made prescribing qualifications for appointment to posts referred to in clause (b) of sub-section (1) which were in force immediately before the Bombay Municipal Corporation (Amendment) Act, 1964 (Mah. XI of 1964), comes into force shall continue in force and be deemed to have been made under this section unless and until they are superseded or amended by rules made under this section.]

Clause (a) was deleted by Mah. 10 of 1998, s. 45(b). These words were substituted for the words “Indian Police Service” by Mah. 1 of 1964, s. 3. Clause (b) was substituted by Mah. 27 of 1999, s. 36(b). These words were inserted by Mah. 11 of 1964, s. 5(b). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Mah. 11 of 1964, s. 5(b). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Sub-section (4) was substituted by Mah. 27 of 1999, s. 36(c). Sub-section (6) was re-numbered as clause (a) and clause (b) was inserted by Mah. 11 of 1964, s. 5(d). Sub-section (6) was re-numbered as clause (a) and clause (b) was inserted by Mah. 11 of 1964, s. 5(d).

130 The Mumbai Municipal Corporation Act [1888 : III

1. (7) All fees paid to the Commission under this section shall be credited to the State Government.
2. (8) All communications made by the Commission in regard to any matter relating to the appointment to any post for which it was consulted shall be deemed to be confidential and no discussion shall be permitted thereon in the Corporation in the 1[Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee,] or any Committee of the Corporation or no disclosure relating thereto shall be made in the public.] Leave of Absence, Acting Appointments, etc. 81. 2[Standing Committee] to frame regulations for grant of leave, etc.— (1) The 3[Standing Committee] shall from time to time frame regulation in consonance with any resolution that may be passed by the corporation—
   • (a) fixing the amount and the nature of the security to be furnished by any municipal officer or servant from whom it may be deemed expedient to require security;
   • (b) regulating the grant of leave to municipal officers and servants;
   • (c) authorizing the payment of allowances to the said officers and servants, or to certain of them, whilst absent on leave;
   • (d) determining the remuneration to be paid to the persons appointed to act for any of the said officers or servants during their absence on leave; 4[(dd) authorizing the payment of travelling or conveyance allowance to the said officers and servants;]
   • (e) regulating the period of service of all the said officers and servants;
   • (f) determining the conditions under which the said officers and servants, or any of them, shall on retirement or discharge receive pensions, gratuities or compassionate allowances and under which 5[the surviving spouse or children and in the absence of the surviving spouse or children the parents, brothers and sisters, if any,] dependent on any of the said officers and servants, shall, after their death, receive compassionate allowances and the amounts of such pensions, gratuities or compassionate allowances;
   • (g) authorizing the payment of contributions, at certain prescribed rates and subject to certain prescribed conditions, to any pension of provident fund which may, with the approval of the 6[Standing Committee], be established by the said officers and servants 7[or to such provident fund, if any, as may be established by the corporation for the benefit of the said officers and servants]; 8[(h) in general, prescribing any other conditions of service of the said officers and servants.]
3. (2) Such regulations to be subject to confirmation by the corporation, and, if made under clause (f) by 9[State] Government.— No regulation made by the Standing Committee under this section shall have force or validity, unless and until it has been confirmed by the corporation, nor, if it is made under clause (f), unless and until it has been confirmed by 10[the 11[State] Government]. 82. 12[Power of appointment in whom to vest.] repealed by Bom. VI of 1922. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 36(d). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 37. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 37. Clause (dd) was inserted by Bom. 12 of 1936, s. 5(1). These words were substituted for the original by Bom. 76 of 1948, s. 9. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 37. These words were added by Bom. 6 of 1922, s. 27(1), and the addition shall be deemed to have been made and to have had effect from such date as may be fixed by the corporation. Clause (h) was inserted by Bom. 12 of 1936, s. 5(2). This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Section 82 repealed by Bom. VI of 1922, s. 28, is omitted and the repeal shall be deemed to have been made and to have effect from such date as may be fixed by the corporation.

1888 : III] The Mumbai Municipal Corporation Act 131

83.

1[Power of suspending, reducing, removing or dismissing and imposing other penalties in whom to vest].— (1) Every municipal officer and servant may be

2[reduced, removed] or dismissed for any breach of departmental rules or discipline of for carelessness, unfitness, neglect of duty or other misconduct, by the authority by whom such officer or servant is appointed:

1. (2) Provided that—
   • (a) No officer 3[appointed to a post], 4[to which the provisions of 5[sub-section (1) of section 80A] apply shall be dismissed by the Commissioner, without the 6[previous] approval of the 7[Standing Committee or in the case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee]; 8[(b) any officer appointed by the Corporation under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77,78A, 78C, 78D or 78E may be suspended by the Commissioner, and every such suspension with the reasons therefor, shall be forthwith reported to the Corporation and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension;] 9[(c) any officer appointed by the Corporation otherwise than under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77, 78A, 78C, 78D or 78E may, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct, be suspended by the Commissioner, or may, with previous approval of 10[the Standing Committee, or in the case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee,] be reduced, removed or dismissed by the Commissioner;] 11[(d) any officer or servant immediately subordinate to the municipal chief auditor and drawing a salary not exceeding rupees two hundred and fifty per month exclusive of allowances may, subject to such conditions and limitations, if any, as the 12[Standing Committee] may deem fit to prescribe, and subject to a right of appeal to the 13[Standing Committee] be fined, reduced or suspended for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct by the municipal chief auditor.] 14[(3) The Municipal Commissioner may, for good and sufficient reasons, impose following penalties on any municipal officer or servant, namely:—
     • (i) censure;
     • (ii) recovery from salary, of the whole or part of any pecuniary loss caused by him to the Corporation by negligence, misconduct, breach of orders or rules;
     • (iii) fine;
     • (iv) withholding of an increment or increments, for a specified period or with a permanent effect;
     • (v) withholding of promotion including stoppage at an efficiency bar.] This marginal note was substituted by Mah. 8 of 1992, s. 5(d). These words were substituted for the words “fined, reduced, suspended” by Mah. 8 of 1992, s. 5(a). These words were substituted for the words “whose monthly emoluments exceed rupees four hundred” by Mah. 5 of 1986, s. 2. These words, figures and letter were substituted for the words “the monthly minimum salary exclusive of allowances of which is rupees one thousand two hundred or more” by Mah. 33 of 1989, s. 8. These words, brackets, figures and letter were substituted for the words, figures and letter “section 80A” by Mah. 12 of 1990, s. 4. The word “previous” was inserted by Bom. 19 of 1930, s. 9. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 38(a). Clause (b) was substituted by Mah. 8 of 1992, s. 5(b)(ii). Clause (c) was substituted by Mah. 8 of 1992, s. 5(b)(ii). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 38(b). Clause (d) was added by Bom. 76 of 1948, s. 10. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 38(c). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 38(c). Sub-section (3) was added by Mah. 8 of 1992, s. 5(c).

Commissioner, subject to the regulations at the time being in force under section 81, to any municipal officer or servant, the power of appointing whom is vested in him; and for a period not exceeding one

month to any other municipal officer, other than an officer immediately subordinate to the municipal

secretary

1[or the municipal chief auditor].

1. (2) Leave of absence may be granted, 3[subject to the regulations made in that behalf—
   • (a) to any clerk or servant appointed under section 78; 4[or to any assistant auditor, clerk or servant appointed under section 78B] : 5[Provided that leave of absence for a period not exceeding three months, may be granted to a clerk or servant whose salary, exclusive of allowances, does not exceed rupees two hundred per month—
     • (i) by the municipal secretary where such clerk or servant has been appointed under section 78; or
     • (ii) by the municipal chief auditor where such clerk or servant has been appointed under section 78B];
   • (b) for a period exceeding one month, to any other municipal officer, the power of appointing whom is not vested in the Commissioner 6[or who is not employed for the purposes of clause (q) of section 61.] 7[(3) Leave of absence may be granted, subject as aforsaid, by the Education Committee for a period exceeding one month to any municipal officer employed for the purpose of clause (q) of section 61, the power of appointing whom is not vested in the Commissioner.]

8[84A. Saving in respect of officers and servants appointed under Chapter XVI-A.— Nothing

in sections 79, 80, 80A,

9[* *] 81, 83 and 84 shall apply to officers and servants appointed under the

provisions of Chapter XVI-A of this Act.]

85. Acting appointment.— (1) The appointment of a person to act in the place of an officer absent

on leave may be made, when necessary, and subject to the regulations aforesaid, by the same authority who grants the leave of absence.

1. (2) Provided that—
   • (a) When the 10[city engineer] or the executive health officer 11[or the hydraulic engineer] is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the corporation; These words were inserted by Bom. 2 of 1938, s. 6(1). The words “other than an officer or servant the powers of appointing whom is vested in the Schools Committee” were deleted by Bom. 48 of 1950, s. 50. These words were substituted for the words “subject as aforesaid by the Standing Committee” by Mah. 10 of 1998, s. 48(a)(i). These words, figures and letter were inserted by Bom. 2 of 1938, s. 6(2). This proviso was added by Bom. 76 of 1948, s. 11. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 39(a). Sub-section (3) was added by Mah. 27 of 1999, s. 39(b). Sub-section 84A was inserted by Bom. 48 of 1948, s. 17. The figures and letter “80-B” were deleted by Mah. 11 of 1964, s. 5. The words “city engineer” were substituted for the words “Executive Engineer” by Bom. 19 of 1930, s. 6. These words were inserted by Bom. 2 of 1911, s. 4(a).

1888 : III] The Mumbai Municipal Corporation Act 133

1. (b) any appointment of person to act 1[city engineer] or as executive health officer 2[or as hydraulic engineer] may be disallowed by the 3[ 4[State] Government], and from the time being so disallowed shall be null and void;
2. (c) no person shall be appointed to act for the executive health officer for a period exceeding three months, unless such person is a legally qualified medical practitioner, but a person appointed to act for the said officer for a period not exceeding three months need not be legally qualified medical practitioner.

1. (3) A person appointed under this section to act for any officer or servant shall, while so acting, perform the same duties and exercise the same powers and be subject to the same liabilities, restrictions and conditions which the permanent incumbent of the office or place is bound to perform or may exercise or to which said incumbent is liable. 5[85A. Temporary appointment.— Notwithstanding anything contained in the foregoing provisions, when a vacancy occurs in any of the posts referred to in sub-section (1) of section 80B the corporation 6[or 7[the Brihan Mumbai Electric supply and Transport Committee,] as the case may be] may, pending the appointment of a person in accordance with the provision 8[* *] of the said section, appoint any person to be fill such vacancy on a monthly salary not exceeding the maximum salary of the post: Provided that no appointment under this section shall extend beyond, or be made after a lapse of, six months from the date on which the vacancy occurs.] Disqualifications of Municipal Officers and Servants

86. Municipal officer or servant not to be interested in any

9[contract] with the corporation.—

1. (1) Any person who has, directly or indirectly, by himself or his partner any share or interest in any contract with, by, or on behalf of the corporation, 10[* * * * *] shall be disqualified for being a municipal officer or servant.
2. (2) Any municipal officer or servant who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract

11[* * * *] as aforesaid shall cease to be a municipal

officer or servant and his office shall become vacant.

1. (3) Nothing in this section shall apply to any such share or interest in any contract 12[* * * *] with, by or on behalf of the corporation as under clauses (h) and (k) of section 16, it is permissible for a councillor to have, without his being thereby disqualified for being a councillor.

13[86A. Sanction for prosecution of officers and servants of Corporation.— Notwithstanding

anything contained in 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.]

The words “city engineer” were substituted for the words “Executive Engineer” by Bom. 19 of 1930, s. 6. These words were inserted by Bom. 2 of 1911, s. 4(b). The words “Provincial Government” were substituted for the words “Governor-in-Council,” by Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by Adaptation of Laws Order, 1950. Section 85A was inserted by Bom. 18 of 1939, s. 3 These words were inserted by Mah. 11 of 1939, s. 7. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 40. The words, brackets and figure “of sub-section (2)” were deleted by Bom. 48 of 1950, s. 51. This word was substituted for the words “contract, etc.,” by Mah. 42 of 1977, s. 5(d). The words “or any employment with by, or on behalf of the corporation, other than as a municipal officer or servant” were deleted by Mah. 42 of 1977, s. 5(a). The words “or employment” were deleted by Mah. 42 of 1977, s. 5(b). The words “or employment” were deleted by Mah. 42 of 1977, s. 5(c). Section 86A was inserted by Mah. 29 of 2011, s. 3. This Chapter and section 86A was inserted by Mah. 33 of 2007, s. 2.

134 The Mumbai Municipal Corporation Act [1888 : III

DISCLOSURE OF SPECIFIED INFORMATION

86A. Disclosure of specified information.— (1) The Corporation shall maintain and publish all

its record duly catalogued and indexed in a manner, and form which enables the Corporation to disclose the information, specified in sub-section (3).

1. (2) The manner of disclosure of information shall include the publication of the information,—
   • (i) in News papers;
   • (ii) on Internet;
   • (iii) on Notice Boards of the Corporation at its Head Office as well as Ward Offices;
   • (iv) by such other mode, as may be prescribed: Provided that, the information shall be disclosed in the language in which it is available with the Corporation.
2. (3) The Corporation shall be required to disclose the following information, namely:—
   • (i) particulars of the Corporation;
   • (ii) a statement showing the boards, councils, committees and other bodies, by whatever name called, constituted for the purpose of exercising the functions of the Corporation or rendering advise to it, whether or not the meetings of those boards, councils, committees and other bodies are open to the public or the minutes of such meetings are accessible to the public;
   • (iii) a directory of its officers and employees;
   • (iv) the particulars of officers who are empowered to grant concessions, permits or authorisations for any activity of the Corporation;
   • (v) audited financial statements showing Balance sheet, Receipts and Expenditures, and cash flow on a quarterly basis, within two months of end of each quarter, and audited financial statements for the full financial year, within three months of the end of the financial year;
   • (vi) the statement showing each of the services provided by the Corporation;
   • (vii) particulars of all plans, proposed expenditures, actual expenditures on major services provided or activities performed and reports on disbursements made;
   • (viii) details of subsidy programmes on major services provided or activities performed by the Corporation, and manner and criteria of identification of beneficiaries for such programmes;
   • (ix) particulars of the master plan, city development plan or any other plan concerning the development of the municipal area;
   • (x) the particulars of major works, as may be specified by notification by the State Government, in the Official Gazette, together with information on the value of works, time of completion and details of contract;
   • (xi) the details of the municipal funds, i.e. income generated in the previous year by the following:—
   • (a) taxes, duties, cess and surcharge, rent from the properties, fees from licenses and permissions;
   • (b) taxes, duties, cess and surcharge, rent from the properties, fees from licenses and permission that remain uncollected and the reasons thereof;
   • (c) share of taxes levied by the State Government and transferred to the Corporation and the grants released to the Corporation;
   • (d) grants released by the State Government for implementation of the schemes, projects and plans assigned or entrusted to the Corporation, the nature and extent of utilization;
   • (e) money raised through donation or contribution from public or non-governmental agencies;
     • (xii) annual budget allocated to each ward;
     • (xiii) such other information, as may be prescribed.]

1888 : III] The Mumbai Municipal Corporation Act 135

Acquisition of Property 87. Powers of Corporation as to acquisition of property.— The corporation shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, whether within or without the limits of

1[Brihan Mumbai].

88. Transfer to the Corporation of the property of the Municipal Corporation.— All such

immovable and other property as is held by, or in trust for, or has been granted by

2[the

3[Government]] to the Corporation under, or in pursuance or for the purposes of any Act hereby repealed, shall, upon and after the date when this Act comes into force, vest in the Corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same.

89. Conditions affecting the vesting of the Vehar water works in the Corporation.— (1) On

the expiry of the term of ninety-nine years, commencing on the first day of July, 1863, for which in accordance with section 64 of the Bombay Municipal Acts of

4[1872] and

5[1878] the Vehar Lake

and the property appurtenant thereto, hereinafter referred to as “the Vehar water works,” were vested in the Corporation, the

7[State] Government] may direct that the said Vehar water-works shall vest and the same shall in such case vest, in the Corporation, on the conditions hereinafter provided and for the purposes of this Act, for such further period not exceeding ninetynine years as shall seem expedient.

1. (2) Provided that on the expiry of the said first term of ninety-nine years or of any further term for which the 8[ 9[State] Government] may have directed that the said Vehar water-works shall vest in the corporation, all rights and every power conveyed to the corporation shall forthwith cease and determine and the said Vehar water-works shall revert to and become vested in 10[the State Government]. 11[(3) Notwithstanding anything contained in sub-sections (1) and (2), the State Government may at any time, by notification in the Official Gazette, direct that the Vehar water-works shall, with effect from the date specified therein, vest in the Corporation permanently, subject to the conditions that the Corporation shall supply and continue to supply water to the Aarey Milk Colony from the Powai lake and to the National Park at Borivali from such source as the State Government may from time to time specify. In both cases, the supply of water shall be in such quantities and at such rates and subject to such other conditions as the corporation may, from time to time, with the approval of the State Government, determine. With effect from the date aforesaid, all rights and liabilities enforceable by or against the State Government in relation to the Vehar water-works, under any law for the time being in force or under any contract shall be enforceable by or against the Corporation.]

12[89A. Lands and buildings specified in Schedule V to vest in

13[Government].— On and from the commencement of the City of Bombay Police Charges Act, 1907 (Bom. III of 1907), all the estate, right, title and interest of the corporation in and to the lands and buildings specified in Schedule V free

These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch. The words “the Crown” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. Bom. 3 of 1872 and Bom. 4 of 1878 are repealed by s. 2 of this Act. Bom. 3 of 1872 and Bom. 4 of 1878 are repealed by s. 2 of this Act. The words “the Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the State Government” were substituted for the words “His Majesty for the purposes of the Provinces” by the Adaptation of Laws Order, 1950. Sub-section (3) was inserted by Mah. 51 of 1975, s. 6. Sections 89A to 89F were inserted by Bom. 3 of 1907, s. 14. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950.

136 The Mumbai Municipal Corporation Act [1888 : III

from all liabilities and charges affecting the same and created by the Corporation shall vest in

1[Government]: Provided that nothing in this section shall affect any of the lands specified in the items in the said Schedule numbered 28 to 139 (both inclusive) on which any movable wooden chowki is situated at the commencement of the said Act.

89B. [The Statue of Her Majesty Queen Victoria and the site thereof in the Explanade road to vest

in the Corporation subject to certain conditions.] Deleted by Mah. 5 of 1968, s. 2(1).

89C. The Victoria and Albert Museum

2[renamed as Dr. Bhau Daji Lad Museum] and the site thereof to vest in the Corporation.—

3[(1)] On and from the commencement of the City of Bombay Police Charges Act, 1907 (Bom. III of 1907), all the estate, right, title and interest of

4[Government] in and to the Victoria and Albert Museum and the site thereof shall vest in the Corporation free from all liabilities and charges affecting the same and

5[created by the

6[Government]] and Corporation may apply the said museum and the said site to any public purpose on and from such date as the Prince of Wales Museum of Western India may be declared open by

8[State] Government].

9[(2) On and from the commencement of the Bombay Municipal Corporation and Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1975 (Mah. LI of 1975), the Victoria and Albert Museum aforesaid shall be deemed to have been renamed as “Dr. Bhau Daji Lad Museum”, and any reference to the Victoria and Albert Museum in any law for the time being in force or in any contract, instrument or other document shall be construed as, and shall be deemed to be, a reference to Dr. Bhau Daji Lad Museum.] 89D. Central Vaccine Depot at Parel to vest in the Corporation.— On and from the commencement of the City of Bombay Police Charges Act, 1907 (Bom. III of 1907), all the estate, right, title and interest of

10[Government] in and to the Central Vaccine Depot at Parel, shall vest in the Corporation free from all liabilities and charges affecting the same and

11[created by the

12[Government]]. 89E. All buildings used for primary education and the sites thereof to vest in the Corporation.— On and from the commencement of the City of Bombay Police Charges Act, 1907 (Bom. III of 1907), all the buildings used for primary education and the sites thereof within the city thereto for vesting in

13[Government] shall vest in the Corporation free from all liabilities and charges affecting the same and

14[created by the

15[Government]].

89F. Corporation to repay to

16[State] Government the amount of grant made for purpose of primary education in respect of certain buildings or sites if used for other purposes.— Notwithstanding anything contained in section 89E, if any buildings or sites in respect of

This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. These words and letters were inserted by Mah. 51 of 1975, s. 7(2). Section 89C was re-numbered as sub-section (1) and sub-section (2) was inserted by Mah. 51 of 1975, s. 7(1). This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. The words “created by the Crown” were substituted for the words “created by Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Sub-section (2) was inserted by Mah. 51 of 1975, s. 7. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. The words “created by the Crown” were substituted for the words “created by the Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. The words “created by the Crown” were substituted for the words “created by the Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 137

which, before or after the commencement of the City of Bombay Police Charges Act, 1907 (Bom. III of 1907), any grant has been made by the

1[the

2[State] Government] for the purposes of primary education shall, without the sanction of

3[the

4[State] Government] be used for any other purpose, the Corporation shall thereupon repay to

5[the

6[State] Government] the amount of such grant.]

90. Acquisition of immovable property by agreement.— (1) Wherever it is provided by this Act

that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the corporation by agreement

7[subject to the provisions of sub-section (3)].

1. (2) And wherever, under any provision of this Act, Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at such rates or, prices or at rates or prices not exceeding such maximum as shall be approved by the 8[the Improvements Committee] as aforesaid. 9[(2A) Subject to the provisions of this Act, it shall be lawful for the Commissioner on behalf of the corporation to agree with the owner of any land or of any interest in land needed by the corporation for the purposes of any scheme under Chapter XII-A or with the owner of any right which may have been created by legislative enactment over any street forming part of the land so needed, for the purchase of such land or of any interest in such land or for compensating the owner of any such right in respect of any deprivation thereof or interference therewith.] 10[(3) No contract for the acquisition of any immovable property or of any interest therein or any right thereto or the payment of any compensation under sub-section (1) or (2) or (2A) shall be valid, if

the price of compensation to be paid for such property or right exceeds five lakhs rupees unless such

contract has been approved by the Improvements Committee and by the Corporation if the price or compensation exceeds two crores rupees.]

11[(4) Every contract or other instrument relating to the acquisition of immovable property or any interest therein or any right thereto shall be executed by the Commissioner, shall have the common seal of the corporation affixed thereto in the presence of

12[two members of the Improvements Committee and shall also have the signatures of the said members], in the manner prescribed in section 70.

1. (5) No contract for the acquisition of immovable property or any interest therein or any right thereto not executed as in sub-section (4) provided shall be binding on the corporation.
2. (6) The foregoing provisions of this section which apply to an original contract relating to the acquisition of immovable property, or any interest therein, or any right thereto, shall be deemed to apply also to any variation or discharge of such contract.]

91. Procedure when immovable property cannot be acquired by agreement.— (1) Whenever

the Commissioner is unable to acquire any immovable property under the last preceding section by agreement

13[the

14[State] Government] may, in their discretion, upon the application of the

The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words, brackets and figure were substituted for the portion beginning with the words “on such terms” and ending with the words “any particular case” by Mah. 34 of 1933, s. 6(a). These words were substituted for the words “Mayor-in Council” by Mah. 27 of 1999, s. 4(a). Sub-section (2A) was inserted by Bom. 13 of 1933, s. 17(c). Sub-section (3) was substituted by Mah. 27 of 1999, s. 41(b). New sub-sections (4), (5) and (6) were inserted by Bom. 13 of 1933, s. 17(e). These words were substituted for the words “the Member-in-charge and shall also have the signature of the said Member- incharge” by Mah. 27 of 1999, s. 41(c). The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

138 The Mumbai Municipal Corporation Act [1888 : III

Commissioner, made with the approval of

1[the Improvements Committee]

2[and subject to the other provisions of this Act] order proceedings to be taken for acquiring the same on behalf of the corporation, as if such property were a land needed for a public purpose within the meaning of the Land Acquisition Act, 1870.

1. (2) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall, subject to all other provisions of this Act, be forthwith paid by the Commissioner and thereupon the said property shall vest in the corporation. 4[91A. Transfer of property to the corporation.— (1) From the date on which the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), comes into operation there shall vest or re-vest in the corporation, as the case may be, subject to all the charges and liabilities affecting the same, to be held by the corporation for the purposes of this Act, subject to any restrictions and conditions contained in the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), all the immovable and other property and all other interests and rights of the Boards of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVl of 1925), including all the estate, right, title and interest of the said Board in and to the lands specified in Schedule W and Schedule X and in the reclaimed lands specified in Schedule Y and shown on the doposited plans.
2. (2) (a) In respect of the lands referred to as the Flats, specified in Schedule W as plots 1(b), 1(c)

and 1(d), the corporation may, subject to the power of resumption reserved by sub-section (8) at any

time, lay out the whole or any part or parts of these plots as recreation grounds or parks for the free use of the public, or appropriate the whole or any part of the said plots to building purposes.

1. (b) The lands specified in Schedule W as plot (j) shall, subject as aforesaid be permanently appropriated as an open space, but such appropriation shall not preclude the corporation from letting the said lands from time to time on lease for a term not exceeding one year or with the previous sanction of 5[the 6[State] Government] and on such conditions as may be approved by 7[the 8[State] Government] for a term not exceeding 30 years, for the purpose of a racecourse or for any purpose of public recreation or amusement.
2. (c) All the lands specified in Schedule W as plots 1(a), 1(g) to 1(i) both inclusive and 1(k) and the lands specified in Schedule Y shall, subject to the provisions of sub-section (1), vest in the corporation.

1. (3) The lands respectively referred to in Schedule ZZ as plot 1(d-l) part 1(b) Cadastral Survey No. 3/383 the Body Guard Lines Plot No.3 the Cooperage Plot and Plot No. 4(b) the Marine Lines Maidan shall vest absolutely in 9[Government] provided that Plot No.3 the Cooperage Plot and plot No. 4(b) the Marine Lines Maidan shall be maintained in perpetuity as open spaces, provided further that the aforesaid plot Nos. 3 and 4(b) or any part thereof may at any time be occupied by or with the previous permission of 10[the 11[State] Government] for any temporary purpose.
2. (4) All the estate, right, title and interest of the said Board to and in any land specified in Schedule W vested or re-vested in the corporation under this section, with the exception of the lands specified in clause (c) of sub-section (2) and in sub-section (3) shall, subject to the provisions of this section, remain so vested or re-vested until such time as the whole of the lands so specified except those appropriated, as open spaces, shall have been let on a building lease either by the said Board or by the corporation or as to any part thereof until such time as such part shall have been so let, and thereafter, as to the whole except as aforesaid, or any such part for a further period, which shall not as regards the whole or any These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 42. These words were inserted by Bom. 13 of 1933, s. 18(b). See now the Land Acquisition Act, 1894 (1 of 1894). New sections 91A to 91C were inserted by Bom. 13 of 1933, s. 19. The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 139

such part exceed ninety-nine years from the date on which the whole or any such part shall have been first let.

1. (5) All lands specified in Schedule X shall, subject to the provisions of sub-section (1), vest in the corporation.
2. (6) It shall be lawful for the corporation from time to time, in the case of land specified in Schedule W, with the sanction of 1[the 2[State] Government], to take out of said Schedule W any land or to take any land out of Schedule X in exchange for any freehold land, the property of the corporation, which they wish to bring on to the Schedules. An exchange made under this sub-section shall operate to transfer the land taken out of the Schedules to the corporation free from all conditions of resumption and re- vesting created by this Act and free from all encumbrances and to vest the land brought on to the Schedules in the corporation as if it were part of the property originally entered in Schedule W or X, as the case may be.
3. (7) Without prejudice, and in addition to the powers conferred on the corporation by section 87, it shall be lawful for the corporation to take over and hold any other lands within the city of which they may be put in possession by the 3[Central or 4[State] Government], to the intent that such lands shall vest in the corporation in the same manner and subject to same conditions as if such lands, if taken over from the 5[Central or 6[State] Government], were included in Schedule W, and such vesting shall in every such case take effect upon delivery to the corporation of possession of the land.
4. (8) Any land other than land specified in clause (c) of sub-section (2) and other than land leased or agreed to be leased by the said Board or by the corporation specified in Schedule W, which shall be required by 7[the Central or the 8[State] Government] for a public purpose may at any time, after giving six months notice to the corporation, be resumed by 9[that Government]. (9) 10[The 11[State] Government] may, by notification in the 12[Official Gazette] from time to time add to or amend the entries in Schedule W and, with the concurrence of the corporation, the entries in Schedule X so far as may be necessary in consequence of any exchange, resumption, acquisition or other transfer of land, and, with the like concurrence in the case of lands specified in Schedule X, correct mistakes in the said schedules or in the deposited plants, and upon such notification the said schedules or plans shall be read subject to such addition, amendment or correction. Such notification shall in the case of any alteration of Schedule W or Schedule X include a notification of the whole schedule or schedules as so altered.] 13[91AA. Power to grant lease of plot No. 3 the Cooperage Plot, or part thereof.— 14[(1) Notwithstanding anything contained in sub-section (3) of section 91A, it shall be lawful and shall be deemed to have been lawful for the State Government to lease Plot No. 3, the Cooperage Plot, or any part thereof for a term not exceeding sixty years commencing from the 1 st day of March nineteen hundred and forty-three for the construction of a club house for ratings of the Indian Navy or for any other similar purpose and the provisions of the first proviso in sub-section (3) of the said section 91A shall not apply The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Central or Provincial Government” were substituted for the words “Secretary of State for India in Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Central or Provincial Government” were substituted for the words “Secretary of State for India in Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Central or the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “that Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Official Gazette’’ were substituted for the word “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. Section 91AA was inserted by Bom. 20 of 1952, s. 5. Section 91AA was renumbered as sub-section (1) and sub-section (2) was added by Mah. 62 of 1977, s. 2.

140 The Mumbai Municipal Corporation Act [1888 : III

to the said plot or any part thereof, as the case may be, so long as such lease remains in force and has not determined or has not been surrendered or otherwise terminated in accordance with law.

1. (2) Notwithstanding anything contained in sub-section (3) of section 91A or sub-section (1) of this section or in the Maharashtra Regional and Town Planning Act, 1966 (Mah. XXXVII of 1966), or the provisions of any Development Plan thereunder, it shall also be lawful and shall be deemed to have been lawful for the State Government to lease a part of the Cooperage Plot, for a term ending on and inclusive of the 31 st December 2003 or such later date as the State Government may specify for the construction of a foot-ball stadium, with ancilliary structures for gymnasium, indoor games, residential quarters, club- house, dormitory, canteen, library, conference rooms, show rooms and similar purposes and the provisions of the first proviso in sub-section (3) of the said section 91A shall not apply to the part of said plot leased for the above purposes, so long as such lease remains in force and has not determined or has not been surrendered or otherwise terminated in accordance with law.]] 1[91AAA. Power to lease part of plot No. 4(b) the Marine Lines Maidan, for certain purposes.— Notwithstanding anything contained in sub-section (3) of section 91A, it shall be lawful for the State Government to lease a part of Plot No. 4(b) the Marine Lines Maidan, not exceeding 7,200 sq. meteres in area, and for a term not exceeding 99 years, for construction of a hospital or for any similar purpose, and the provisions of the first proviso in that sub-section shall not apply to the said part of the plot, so long as such lease remains in force and has not been determined or has not been surrendered or otherwise terminated in accordance with law.] 91B. Vesting of property in 2[Government] on the termination of leases granted by the corporation.— 3[(1)] Upon the determination of the further period mentioned in sub-section (4) of section 91A the property vested or revested in the corporation, under the said section in any part of the land specified in Schedule W except those appropriated as open spaces, and the plots 1(a) and 1(e) to 1(i) both inclusive and 1(k) of the Flats shall be forthwith divested and such part of such lands shall vest or revest absolutely in 4[the State Government]. 5[(2) Notwithstanding anything contained in sub-section (1) or sub-section (4) of section 91A, it shall be lawful for the State Government to lease afresh, to the Mumbai Municipal Corporation for the purposes specified in section 91C, any land specified in Schedule W, for a term not exceeding thirty years and thereupon the land shall revest in the Corporation. On such revesting of the land, the provisions of sub-section (1) shall not apply to the said land so long as such lease remains in force and is not determined or is not surrendered or otherwise terminated in accordance with law.
2. (3) On such re-vesting of the land in the Corporation, as provided in sub-section (2), the Corporation shall pay to the State Government, 6[an amount equal to seventy per cent. of the lease rent] that may be received by it.
3. (4) The Corporation may revise the rates of the lease rent 7[at any time within a period of ten years]: Provided that, while revising such rates the Corporation shall be bound by the policy of 8[the Urban Development Department or, where the policy of the Urban Development Department does not exist in respect of such land then of, the Revenue and Forests Department] of the State Government, for granting lease of the Government land.
4. (5) After the expiry of the lease period as provided in sub-section (2), the land shall again vest or revest absolutely, free from all encumbrances in the State Government.]

91C. Power to apply certain lands vested in the corporation to the purpose of any scheme

under this Act.— The corporation shall have power, subject to the provisions of section 91A, to apply any of the lands specified in Schedules W, X and Y for

9[any of the purposes for which land acquired

Section 91 AAA was inserted by Mah. 10 of 1969, s. 2. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. Section 91B was re-numbered as sub-section (1) thereof and sub-sections (2) to (5) were added by Mah. 8 of 2002, s. 4, with effect from 20 th October 2001. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. Section 91B was re-numbered as sub-section (1) thereof and sub-sections (2) to (5) were added by Mah. 8 of 2002, s. 4, with effect from 20 th October 2001. These words were substituted for the words “an amount equal to half of the lease rent” by Mah. 5 of 2017, s. 2(a). These words were substituted for the words “after every ten years” by Mah. 5 of 2017, s. 2(b)(i). These words were substituted for the words “the Revenue and Forest Department” by Mah. 5 of 2017, s. 2(b)(ii). These words were substituted for the original words by Bom. 34 of 1954, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 141

under Chapter XII-A may be applied including the purposes of any of the schemes referred to in sub-section (2) of section 354B.]

1[91D. Property of abolished municipalities and local authorities vesting in corporation.—

All immovable and other property, which on the date immediately preceding the appointed date was held by or vested in—

1. (a) any municipality or other local authority which has been abolished by or under the

Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950), in consequence of the

inclusion in

2[Brihan Mumbai] of the area for which it was constituted; or

1. (b) the State Government by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority; shall vest in the Corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same: Provided that the immovable property held by or vested in the District Local Board of the Bombay Suburban District and the District School Board of the Bombay Suburban District shall vest in the corporation to the extent it is situated in the area included in 3[Brihan Mumbai] and that any other property so held by or vested in the said Boards shall vest in the corporation to such extent as may be determined by the State Government. Explanation.— For the purposes of this section, the immovable property and other property shall include primary schools with their lands, buildings, roads and equipment belonging to or vesting in any municipality or local authority under the provisions of any law for the time being in force.]

4[91DA. Property of abolished municipalities and local authority in extended suburbs vesting

in corporation.— All immovable and other property, which on the day immediately preceding the date of the commencement of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIll of 1956), was held by or vested in—

1. (a) any municipality or other local authority which has been abolished by or under that Act in consequence of the inclusion in 5[Brihan Mumbai] of the area for which it was constituted, or
2. (b) the State Government by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority, shall vest in the Corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same: Provided that the immovable property held by or vested in any District Local Board or District School Board in that area shall vest in the Corporation to the extent it is situated in the area included in 6[Brihan Mumbai] and that any other property so held by or vested in the said Board shall vest in the Corporation to such extent as may be determined by the State Government. Explanation.— For the purposes of this section, the immovable property and other property shall include primary schools with their lands, buildings, roads and equipment belonging to or vesting in any municipality or local authority under the provisions of any law for the time being in force.]

91E. Decision of claims to property by or against the corporation in the suburbs

7[and the extended suburbs].— (1) Where any immovable property situated in the suburbs,

8[or the extended

suburbs] or any right in or over such property, is claimed by or on behalf of the corporation or by any person as against the corporation, it shall be lawful for the Collector, Bombay Suburban District, after formal enquiry, of which due notice has been given, to pass an order deciding the claim.

Sections 91D to 91E were inserted by Bom. 7 of 1950, s. 12. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch. Section 91DA was inserted by Bom. 58 of 1956, s. 5. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Sch. These words were inserted by Bom. 58 of 1956, s. 6(2). These words were inserted by Bom. 58 of 1956, s. 6(1).

142 The Mumbai Municipal Corporation Act [1888 : III

1. (2) The corporation or any person aggrieved by an order passed by the Collector under sub-section (1) may, notwithstanding anything contained in any law for the time being in force, within one year from the date on which the corporation or such person had due notice of such order, institute a suit in any competent civil court to set aside such order or to claim a relief inconsistent therewith. If any suit is instituted after the expiration of one year from the date on which the notice of such order has been given, such suit shall be dismissed although limitation has not been set up as a defence.
2. (3) The Collector may, by general or special order, delegate the powers conferred on him under this section to an Assistant or Deputy Collector or a Survey Officer as defined in the Bombay Land Revenue Code, 1879 (Bom. V of 1879) .
3. (4) The formal inquiry referred to in this section shall be conducted in accordance with the provisions of the aforesaid Code.
4. (5) A person shall be deemed to have had due notice of an inquiry under the section if notice thereof has been given in accordance with rules made in this behalf by the State Government.]

2[91F. Requisitioning of premises, vehicles, etc., for elections.—

3[(1) If in connection with any election a request is made by the State Election Commission, the State Government or an officer authorised by the State Government (hereinafter referred to as “the Requisitioning Authority”) may, by order in writing requisition—

1. (a) any premises which are required or are likely to be required for the purpose of being used as a polling station or storage of ballot boxes after the poll has been taken;
2. (b) any vehicle, vessel or animal likely to be needed for the purpose of transport of ballot boxes to, or from any polling station or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for the performance of any duties in connection with such election; and may also make such further orders as may appear to it to be necessary or expedient in connection with such requisition: Provided that, no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub- section until the completion of the poll at such station.]

1. (2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property and such order shall be served in the manner prescribed by rules made by the State Government under section 91K on the person to whom it is addressed.
2. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. Explanation.— For the purpose of this section, “premises” means any land, building or part of a building and includes a hut, shed or other structure or any part thereof.

91G. Payment of compensation.— (1) Whenever in pursuance of section 91F, the requisitioning

authority requisitions any premises the corporation shall pay to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:—

1. (i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
2. (ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change: Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made Now, see the Maharashtra Land Revenue Code, 1966. Sections 91F to 91L were inserted by Bom. 54 of 1955, s. 8. Sub-section (1) was substituted by Mah. 10 of 1998, s. 52.

1888 : III] The Mumbai Municipal Corporation Act 143

by the State Government under section 91K for referring the matter to an arbitrator the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine: Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the State Government or the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator. Explanation.— For the purpose of this sub-section, the expression “person interested” means the person who was in actual possession of the premises requisitioned under section 91F immediately before the requisition, or where no person was in actual possession the owner of such premises.

1. (2) Whenever in pursuance of section 91F, the requisitioning authority requisitions any vehicle, vessel or animal, the corporation shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application to the requsitioning authority within the time prescribed by rules made by the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine: Provided further that where immediately before the date of the requisitioning, the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of the person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement, in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide. 91H. Power to obtain information.— The requisitioning authority may, with a view to requisitioning any property under section 91F or determining the compensation payable under section 91G by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

91I. Eviction from requisitioned premises.— (1) Any person remaining in possession of any

requisitioned premises in contravention of any order made under section 91F may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.

1. (2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or volt or break open any door of any building or do any other act necessary for effecting such eviction.

91J. Release of premises from requisition.— (1) When any premises requisitioned under section

91F are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such persons, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

1. (2) Where the person to whom possession of any premises requisitioned under section 91F is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.
2. (3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning

144 The Mumbai Municipal Corporation Act [1888 : III

authority or the corporation shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

91K. Power to make rules.— The State Government shall make rules for prescribing—

1. (1) the manner in which an order of requisition shall be served under sub-section (2) of section 91F, and
2. (2) the time within which an application for determining the amount of compensation by an Arbitrator shall be made under section 91G. 91L. Penalty for contravention of any order regarding requisitioning.— If any person contravences any order made under section 91F he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.] Disposal of Property

92. Provisions governing the disposal of Municipal property.— With respect to the disposal of

property belonging to the corporation

1[other than property vesting in the corporation for the purposes of the

2[Brihan Mumbai Electric Supply and Transport Undertaking], the following provisions shall have effect, namely :—

1. (a) the Commissioner may, 3[subject to the regulations made in this behalf], dispose of, by

4[five lakh rupees], of grant a lease of any immovable property belonging to the corporation, including any right of fishing or of gathering and taking fruit and the like, for any period not exceeding twelve months at a time:

5[Provided that every lease of immovable property granted by the Commissioner (other than a contract for a monthly tenancy) the annual rent where of at a rack rent exceeds

6[fifty thousand rupees] shall be reported by him, within fifteen days after the same has been granted, to the

7[Improvements Committee];]

8[(b) the Commissioner may,—

1. (i) with the sanction of the concerned Committee, dispose off, by sale or otherwise any movable property held by the Corporation, the value of which exceeds rupees five lakhs;
2. (ii) with the sanction of the 9[Standing Committee], dispose off any moveable property held by the Corporation, the value of which exceeds rupees two crores;
3. (iii) with the sanction of the concerned Committee, grant a lease (other than a lease in perpetuity) of any immovable property belonging to the Corporation, including any such right as aforesaid; or sell, or grant a lease in perpetuity of any immovable property, the value of which does not exceed 50,000 rupees or the annual rent of which does not exceed 3,000 rupees;]

1. (c) with the sanction of the corporation, the Commissioner may lease, sell or otherwise convey 10[any immovable property] belonging to the corporation; These words were inserted by Bom. 48 of 1948, s. 18. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “in his discretion” by Mah. 10 of 1998, s. 53(a)(i). These words were substituted for the words “one lakh rupees” by Mah. 10 of 1998, s. 53(a)(ii). This proviso was substituted for the original by Bom. 13 of 1933, s. 20(a). These words were substituted for the words “fifteen thousand rupees” by Mah. 10 of 1998, s. 53(a)(ii)(A). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 43(a). Clause (b) was substituted by Mah. 13 of 1998, s. 16. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 43(b). These words were substituted for the words “any property, movable or immovable” by Mah. 21 of 1989, s. 15.

1888 : III] The Mumbai Municipal Corporation Act 145

1[(cc) the consideration for which any immovable property or any right belonging to the corporation may be sold, leased or otherwise transferred shall not be less than market value of such premium, rent or other consideration;]

2[(d) sanction of the

3[Standing Committee] under clauses (b) and (c) may be given either generally for any class of cases or specially in any particular case;]

4[(dd) notwithstanding anything contained in this section, the Commissioner may, with the

sanction of the Corporation, and with the approval of the State Government, grant a lease of immovable property belonging to the Corporation to a Co-operative Housing Society formed exclusively by the officers and servants of the Corporation, or to a public trust exclusively for medical and educational purposes registered under the Bombay Public Trust Act, 1950 (Bom. XXIX of 1950)

5[or to a society registered under the Societies Registration Act, 1860 (XXI of 1860) or the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961), a public

trust registered under the Bombay Public Trust Act, 1950 (Bom. XXIX of 1950), or a company

registered under the Companies Act, 1956 (I of 1956)

6[or any person] for the purposes of provision of public latrines, urinals and similar conveniences or construction of a plant for processing excrementitious and other filthy matters of garbages] or to a person who is dishoused as a result of the implementation of any Development Scheme of the Corporation or to a Co-operative Housing Society formed exclusively by the persons who are dishoused as a result of the implementation of any Development Scheme of the Corporation, at such rent, which may be less than the market value of the premium, rent, or other consideration, for the grant of such lease, and subject to such conditions, as may be provided by the bye-laws made under section 461;]

7[(dd-1) notwithstanding anything contained in this section, the Commissioner may, with the sanction of the Corporation and with the approval of the State Government, grant a lease of immovable property belonging to the Corporation, namely CTS/FP No. 501, 502 and 1495, Mahim Division, alongwith structures situated thereon, for the purpose of erection of a memorial of late Shri Bala Saheb Thackeray, to the society namely, the Bala Saheb Thackeray Rashtriya Smarak, a society registered under the Societies Registration Act, 1860 (21 of 1860), at a nominal rent of rupee One for the grant of such lease, and subject to the terms and conditions as may be decided by the State Government;]

8[(ddd) notwithstanding anything contained in this section, the Commissioner may, with the sanction of the Corporation, and with the approval of the State Government, grant a lease for a period

9[not exceeding 60 years], of municipal land which is declared as a slum area under the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971) to a co-operative society of slum dwellers occupying such land, at such rent, which may be less than the market value of the premium, rent, or other consideration, for grant of such lease, and subject to such conditions, as the Corporation may impose. The approval of the State Government under this clause may be given either generally for any class of cases of such lands or specifically in any particular case of such land: Provided that, the Commissioner may in like manner renew, from time to time; the lease for such period and subject to such conditions as the Corporation may determine and impose;]

10[(dddd) All leases granted by the corporation of the immovable properties belonging to the corporation for whatever term shall be subject to the following conditions in addition to the

New sub-clause (cc) was inserted by Bom. 13 of 1933, s. 20(c). Clause (d) was substituted by Mah. 10 of 1998, s. 53(c). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 43(c). Clause (dd) was inserted by Mah. 50 of 1981, s. 2. This portion was inserted by Mah. 13 of 1990, s. 3. These words were inserted by Mah. 12 of 1993, s. 2. Clause (dd-1) was inserted by Mah. 27 of 2017, s. 2. Clause (ddd) was inserted by Mah. 5 of 1986, s. 3. These words and figures were substituted for the words and figures “not exceeding 30 years” by Mah. 8 of 1992, s. 6. This clause was added by Mah. 20 of 2012, s. 2, with effect from 22 nd June 1993.

146 The Mumbai Municipal Corporation Act [1888 : III

conditions stipulated in the Lease-deed or Lease-agreement executed by the corporation, namely:—

1. (i) Leasehold rights in respect of the properties belonging to the corporation and given on lease may be further assigned or transferred only with the prior permission of the Commissioner, on payment of such premium on account of unearned income and transfer fees or charges at such rates as may be specified by the corporation, from time to time.
2. (ii) In the case of any contravention of the provisions of sub-clause (i), the lessee or transferor of such leasehold rights, shall be liable to pay penalty in addition to such premium and transfer fees or charges, at such rates as may be specified by the corporation, from time to time.]

1. (e) the aforesaid provisions of this section shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purpose of this Act ; 1[Provided that nothing in this section shall apply 2[* * * * * * * *] to 3[Dr. Bhau Daji Lad Museum] 4[or to the site thereof referred to in section 89C] except with the previous sanction of 5[the 6[State] Government].]]

7[92A. Obligation annexed to property binding on transferee.— Where—

1. (1) the Commissioner has transferred by way of sale or exchange any immovable property belonging to the Corporation and the terms of such transfer direct that the property shall be applied or enjoyed in a particular manner or the use or enjoyment thereof shall be restricted in a particular manner, or
2. (2) the owner of any immovable property has entered into an agreement with the Corporation concerning the application, enjoyment or use of the property in a particular manner, such term, condition or obligation shall be held to be annexed to the property which is the subject-matter of the transfer or agreement and shall be enforced against the transferee or owner and all persons deriving title or interest under or through him, notwithstanding—
   • (a) any law for the time being in force, and
   • (b) that the Corporation are not in possession of or interested in any immovable property for the benefit of which, the term, condition or obligation was agreed to, entered into or imposed.] Liabilities

93. Debts payable by the Corporation.— So much of the following moneys as are still repayable

on the day when this Act comes into force shall be repaid, together with the interest due thereupon, by the Corporation, namely:—

1. (a) to the 8[Government]—
   • (i) Vehar water-works debt.— the balance of the debt due on account of the Vehar water-works 9[referred to] in section 140 of the Bombay Municipal Act of 1872 (Bom. III This proviso was added to section 92 by Bom. 3 of 1907, s. 15. The words “to the Statue of Her Majesty Queen Victoria or” were deleted by Mah. 5 of 1968, s. 2(1). These words and letters were substituted for the words “the Victoria and Albert Museum” by Mah. 51 of 1975, s. 8. These words were substituted for the words “or to the sites thereof referred to in sections 89B and 89C” by Mah. 5 of 1968, s. 2(1). The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Section 92A was inserted by Bom. 34 of 1954, s. 3. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. The words “referred to” were substituted with effect from the 31 st December 1892 for the original word by Bom. 2 of 1894, s. 2. Bom. 3 of 1872, 4 of 1878 and 2 of 1880 are repealed by s. 2 of this Act.

1888 : III] The Mumbai Municipal Corporation Act 147

of 1872) and 1878

(Bom. IV of 1878) with simple interest thereon at the rate of four per centum per annum;

1. (ii) The consolidated loan.— the balance of the consolidated loan, as the same was defined in section 3, clause (3) of the Bombay Municipality’s Consolidated Loan Act, 1880 (Bom. II of 1880), due on various accounts, with interest thereon at the rate of four-and-a-half per centum per annum;

1. (b) to municipal security-holders—
   • (iii) House rate and market loans of 1867-1868.— the house rate loan and the two market loans raised in 1867 and 1868 under the provisions of the Bombay Municipal Act, (Bom. II of 1865) with interest thereon at the rate of six per centum per annum;
   • (iv) New drainage loan of 1878.— the drainage loan of 1878 raised under the provisions of the Public Works’ Loan Act, 1871 (XXVI of 1871), with interest thereon at the rate of five per centum per annum;
   • (v) Sanitary works’ loans of 1885, 1886 and 1888.— the sanitary works’ loan of 1885, 1886 and 1888 contracted under the provisions of the Local Authorities Loans Act, 1879 (XI of 1879) with interest thereon at the rate of five per centum per annum;
   • (vi) Tansa water-works’ loan.— the portion of the Tansa water-works’ loan contracted under the Act last aforesaid previous to the coming into force of this Act;
   • (vii) Drainage and water works’ loan of 1888.— the portion of the drainage and water- works’ loan of 1888 contracted under the said Act previous to the coming into force of this Act. Repayment of Moneys to the 6[Government]

94. Vehar water-works’ debt repayable in-monthly installments.— In order to secure the

repayment of the Vehar water-works’ debt, the Commissioner shall, on the first day of every month, until the whole of the said debt, together with the interest due thereon shall be liquidated, pay to

7[the

8[Government]], a sum of rupees

9[nine thousand four hundred and ninety eight].

95. Period of repayment of consolidated loan.— (1) The whole of the consolidated loan, together

with the interest due thereon, shall be repaid within thirty years from the first day of January, 1881.

1. (2) Mode of repayment.— For better securing the repayment of the said loan, the Commissioner shall pay half-yearly to 10[the 11[Government]], on every first day of January and every first day of July, until the whole of the said loan, together with the interest due thereon, shall be liquidated, a sum of one lakh seventy-eight thousand three hundred and twenty-six rupees, two annas and five paise.

96. Payments to whom to be made.— (1) Every payment to be made by the Commissioner under

either of the two last preceding sections shall be made

12[to the officer for the time being appointed to receive

13[the

14[State] Government] dues or into the Bank of Bombay].

Bom. 3 of 1872, 4 of 1878 and 2 of 1880 are repealed by s. 2 of this Act. Bom. 3 of 1872, 4 of 1878 and 2 of 1880 are repealed by s. 2 of this Act. Bom. 2 of 1865 was repealed by Bom. 3 of 1872. Act 24 of 1871 was repealed by Act 11 of 1879, which in its turn was repealed by Act 9 of 1914. See now the Local Authorities Loans Act, 1914 (9 of 1914). This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. The words “the Crown” were substituted by the words “the Government” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. These words were substituted with effect from 31st December 1892 of the original words by Bom. I of 1894, s. 3. The words “the Crown” were substituted by the words “the Government” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. These words were substituted for the original words by Bom. I of 1894, s. 4(1). The reference to the Bank of Bombay should be read as referring to the Reserve Bank of India, Bombay. The words “the Crown” were substituted by the words “the Government” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

148 The Mumbai Municipal Corporation Act [1888 : III

1. (2) Notice of payments to be published.— Notice of every such payment having been made shall be forthwith, published by the Commissioner in the 1[Official Gazette]. 97. In case of non-payment report to be made to the Chief Secretary to 2[State] Government.— If the Commissioner fails to make any of the said payments at the prescribed time the Accountant General shall, within seven days after the day on which such payment ought to have been made, report the fact to the Chief Secretary to 3[the 4[State] Government] or other officer acting in that capacity. 98. Arrears may be recovered by detention of moneys due to the corporation or by attachment of the municipal fund, etc.— (1) It shall be lawful for the said Chief Secretary, or other officer acting in that capacity, when any of the said payments is in arrear, to direct any 5[Government Officer], not being a municipal authority or officer, to detain, to the extent of any payment or payments then in arrear, any moneys due or that may become due to the corporation, which he may then or thereafter have in his custody or control.
2. (2) Such officer shall detain the moneys which he is so directed to detain and pay the same, as they become due to the corporation, 6[to the officer for the time being appointed to receive 7[the 8[State] Government] dues, or into the Bank of Bombay].
3. (3) The moneys so paid shall be applied in or towards satisfaction of the amount for the time being due in respect of the Vehar water-works’ debt or of the consolidated loan, in preference to and with priority over all other encumbrances on and claims to such moneys.

99. Attachment not to defeat prior charge legally made.— (1) If the amount in arrear cannot be

recovered in the manner provided in the last preceding section, the

10[State] Government] may attach the municipal fund, or any tax leviable by the corporation.

1. (2) After such attachment no person, except an officer appointed by the 11[ 12[State] Government], shall in any way deal with the attached fund or tax; but such officer may do all acts in respect thereof which the corporation or any municipal authority might have done, if such attachment had not taken place and may apply the proceeds in satisfaction of the amount in arrear and of all expenses involved by the attachment and subsequent proceedings:
2. (3) Provided that no such attachment shall defeat or prejudice any debt for which the fund or tax attached was previously pledged in accordance with law; but all such prior charges shall be paid out of the proceeds of the fund or tax attached before any part of the proceeds is applied to the satisfaction of a liability for the Vehar water-works’ debt or the consolidated loan.

100. Revision of Vehar water-works to the

13[Government] in case of default in payment of any installment of the debt due on their account.— If the Commissioner fails to make any monthly payment, in accordance with section 94, on account of the Vehar water-works’ debt and after notice in

The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “servant of the Crown ” by the Adaptation of Laws Order, 1950. These words were substituted for the original word by Bom. I of 1894, s. 4(1), the reference to the Bank of Bombay should be read as referring to the Reserve Bank of India, Bombay. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “ Governor-in Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 149

writing signed by one of the Secretaries to

1[the

2[State] Government] requiring payment of the same has

been served upon him and forwarded

3[to the Mayor] and published for a period of not less than two

months in the

4[Official Gazette] shall still fail to make such payment, the said Vehar water-works shall, notwithstanding anything contained in section 88 cease to vest in the corporation and shall forthwith become vested in

5[Government] in trust for the purposes for which the same were previously vested in the corporation.

101. Other rights, remedies of the

6[Government] not to be affected.— Nothing in the four last preceding sections shall affect the rights or remedies which the

7[Government] has or shall have independently of this Act for the recovery of the moneys aforesaid.

under any of the foregoing sections on account of the Vehar water-works’ debt shall be appropriated as follows, namely:— firstly to the payment of the interest accrued on account of the principal sum of rupees thirty-seven lakhs thirty thousand and fifty-three due on account of the said debt on the first day of July 1863; secondly, to the payment of interest on all sums advanced by

8[the

9[Government] in connection with the said works since the first day of July 1863; thirdly, to the payment of all sums subsequently advanced as aforesaid; and lastly, to the liquidation of the said principal sum of rupees thirty-seven lakhs thirty thousand and fifty-three.

103. Method of appropriating payments on account of the consolidated loan.— Every payment

made by the Commissioner under section 95 and all recoveries made under any of the foregoing sections on account of the consolidated loan shall be appropriated first to the payment of the interest due at the time of such payment or recovery and secondly to the reduction of the principal. Repayment of House-rate and Market Loans of 1867-68

104. Sinking fund for house-rate and market loans to be maintained.— (1) Until such times

as the corporation repay the house-rate loan and the two market loans raised in 1867 and 1868 under the provisions of sections 253 to 258 of the Bombay Municipal Act, 1865 (Bom. II of 1865), it shall be incumbent on the corporation to maintain out of the taxes, on the security of which the said loans were raised, the sinking fund prescribed by section 257 of the said Act: Provided that in the event of the corporation’s discharging any portion of the said loans at any time previous to the time at which they are repayable in full, it shall be competent to the corporation to reduce pro tanto the amount of the said sinking fund. Publication of Annual Account of Balance due on Loans

The words “the Provincial Government” were substituted for the words “the Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “to the President of the Corporation” by Mah. 10 of 1998, s. 54. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Laws Order, 1950. This word was substituted for the words “Her Majesty” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. This word was substituted for the words “the Crown” by the Adaptation of Indian Laws Order in Council. Bom. 2 of 1865 was repealed by Bom. 3 of 1872.

150 The Mumbai Municipal Corporation Act [1888 : III

105. Account of balances due on loans to be published by the Commissioner yearly.—

1. (1) The Commissioner shall, in the month of 1[April in each year, publish in the 2[Official Gazette] an account showing the balances due by the corporation on the last preceding thirty-first day of 3[March] to the 4[Government] and to municipal security holders, 5[and holders of securities issued by the Board of Trustees for the Improvement of the City of Bombay under and in accordance with the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), and the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)] respectively, on account of each debt or loan, if any, at the time still repayable by the corporation.
2. (2) The Commissioner shall also cause the said account to be printed and a printed copy thereof to be forwarded to the usual or last known local place of abode of each councillor.

105A. Definitions.— In this Chapter—

1. (a) “Commissioner” in relation to premises of the corporation which vest in it for the purposes of the 7[Brihan Mumbai Electric Supply and Transport Undertaking,] means the General Manager;
2. (b) “corporation premises” means any premises belonging to, or vesting in, or taken on lease by, the corporation;
3. (c) “regulations” means regulations made by the Commissioner under section 105H;
4. (d) “unauthorised occupation in relation to any corporation premises” means the occupation by any person of corporation premises without authority for such occupation; and includes the continuance in occupation by any person of the premises after the authority under which he was allowed to occupy the premises has expired, or has been duly determined. 105B. Power to evict person from Corporation premises.— (1) Where the Commissioner is satisfied—
5. (a) that the person authorised to occupy any corporation premises has, whether before or after the commencement of the Bombay Municipal Corporation (Amendment) Act, 1960 (Mah. XIV of 1961)—
   • (i) not paid for a period of more than two months, 8[the rent, taxes, fees or compensation] lawfully due from him in respect of such premises; or
   • (ii) sub-let,

9[* * *] whole or any part of such premises; or

1. (iii) committed or is committing, such acts of waste as are likely to diminish materially the value, or impair substantially the utility, of the premises; or
2. (iv) otherwise acted in contravention of any of the terms, express or implied under which he is authorised to occupy such premises;

1. (b) that any person is in unauthorised occupation of any corporation premises;
2. (c) that any corporation premises in the occupation of any person are required by the corporation in the public interest, The words “April” and “March” were respectively substituted for the original words “January” and “December” by Bom. 10 of 1928. The words “Official Gazette” were substituted for the words “Bombay Government Gazette’’ by the Adaptation of Laws Order in Council. The words “April” and “March” were respectively substituted for the original words “January” and “December” by Bom. 10 of 1928. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. These words and figures were inserted by Bom. 13 of 1933, s. 21. Chapter V-A was inserted by Mah. 14 of 1961, s. 4. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “the rent or taxes” by Mah. 21 of 1989, s. 16(i). The words “contrary to the terms or conditions of his occupation” were deleted by Mah. 21 of 1989, s. 16(ii).

1888 : III] The Mumbai Municipal Corporation Act 151

the Commissioner may notwithstanding anything contained in any law for the time being in force, by notice (served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises or in such other manner as may be provided for by regulations), order that person, as well as any other person who may be in occupation of the whole or any part of the premises shall vacate them within one month of the date of the service of the notice.

1. (2) Before an order under sub-section (1) is made against any person, the Commissioner shall issue, in the manner hereinafter provided, a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made. The notice shall,—
   • (a) specify the grounds on which the order of eviction is proposed to be made, and
   • (b) require all persons concerned, that is to say, all persons who are or may be in occupation of, or claim interest in, the corporation premises, to show cause against the proposed order, on or before such date as is specified in the notice. If such person makes an application to the Commissioner for the extension of the period specified in the notice, the Commissioner may grant the same on such terms as to payment and recovery of the amount claimed in the notice, as he deems fit. Any written statement put in by any person and documents produced, in pursuance of the notice, shall be filed with the record of the case, and such person shall be entitled to appear before the Commissioner by advocate, attorney or pleader. The notice to be served under this sub-section shall be served in the manner provided for the service of a notice under sub-section (1); and thereupon, the notice shall be deemed to have been duly given to all persons concerned.
2. (3) If any person refuses or fails to comply with an order made under sub-section (1), the Commissioner may evict that person and any other person who obstructs him and take possession of the premises, and may for that purpose use such force as may be necessary.
3. (4) The Commissioner may, after giving fourteen clear days notice to the person from whom possession of the corporation premises has been taken under sub-section (3) and after publishing such notice in the Official Gazette and in at least one newspaper circulating in the locality, remove or cause to be removed, or dispose of by public auction any property remaining on such premises. Such notice shall be served in the manner provided for the service of a notice under sub-section (1).
4. (5) Where the property sold under sub-section (4), the sale-proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the Commissioner to be entitled to the same: Provided that, where the Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he shall refer such dispute to a civil court of competent jurisdiction, and the decision of the court thereon shall be final.
5. (6) If a person, who has been ordered to vacate any premises under sub-clause (i) or (iv) of clause (a) of sub-section (1), within one month of the date of service of the notice, or such longer time as the Commissioner may allow, pays to the Commissioner the rent and taxes in arrears, or as the case may be, carries out or otherwise complies with the terms contravened by him to the satisfaction of the Commissioner, the Commissioner shall on such terms, if any (including the payment of any sum by way of damages or compensation for the contravention aforesaid), in lieu of evicting such person under sub-

section (2), cancel his order made under sub-section (1); and thereupon such person shall continue to

hold the premises on the same terms on which he held them immediately before such notice was served on him.

105C. Power to recover rent or damages as arrears of property taxes.— (1) Subject to any

regulations made by the Commissioner in this behalf, but without prejudice to the provisions of section 105B, where any person is in arrears of rent payable in respect of any corporation premises, the Commissioner may, by notice served in the manner provided for service of notice under sub-section (1) of section 105B, order that person to pay the same within such time not less than ten days as may be specified in the notice.

152 The Mumbai Municipal Corporation Act [1888 : III

1. (2) Where any person is in unauthorised occupation of any corporation premises, the Commissioner may, in the manner and having regard to the principles of assessment of damages, provided for by regulations, assess such damages on account of the use and occupation of the premises as he may deem fit, and may, by notice served in the manner referred to in sub-section (1), order that person to pay the damages within such time as may be specified in the notice.
2. (3) If any person refuses or fails to pay within the time specified in the notice, the arrears of rent under sub-section (1) or damages under sub-section (2), the Commissioner may recover the amount of rent, or as the case may be, of damages in the same manner as the general or property tax due from such person.
3. (4) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling upon him to show cause, within a reasonable period to be specified in such notice, why

such order should not be made, and until his objections, if any, and any evidence he may produce in

support of the same, have been considered by the Commissioner. 105D. Rent to be recovered by deduction from salary or wages in case of corporation employees.— Without prejudice to the provisions of section 105B, in the case of any person who is an employee of the corporation and who has been allotted any corporation premises, the amount of rent due by him in respect of such premises shall, on a requisition in writing made in this behalf by the Commissioner to the Head of the Corporation Department or Officer under whom such person is employed, be liable to be deducted from the salary or wages payable to such person. On receipt of such requisition, the Head of such Department or Officer as the case may be, shall deduct from the salary or wages payable to such person the amount specified in the requisition and pay the amount so deducted to the Commissioner in satisfaction of the rent due by him.

105E. Commissioner to have powers of Civil Court.— The Commissioner shall, for the purpose

of holding any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit, in respect of the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person and examining him on oath;
2. (b) requiring the discovery and production of documents;
3. (c) any other matter which may be prescribed by regulations made under section 105H. 105F. Appeals.— (1) An appeal shall lie from every order of the Commissioner, made in respect of any corporation premises, under section 105B or section 105C, to an appellate officer who shall be the principal Judge of the City Civil Court of Bombay or, such other judicial officer in 1[Brihan Mumbai] of not less than ten years’ standing, as the principal Judge may designate in this behalf.

1. (2) An appeal under sub-section (1) shall be preferred,—
   • (a) in the case of an appeal from an order under section 105B, within thirty days from the date of the service of the notice relating to the order under sub-section (1) of that section, and
   • (b) in the case of an appeal from an order under section 105C, within thirty days from the date of the service of the notice relating to the order under sub-section (1) or (2) of that section, as the case may be: Provided that, appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (3) Where an appeal is preferred from an order of the Commissioner, the appellate officer may stay the enforcement of that order for such period, and on such conditions as he deems fit.
3. (4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

1888 : III] The Mumbai Municipal Corporation Act 153

called in question in any original suit, application or execution proceeding. 105H. Power to make regulations.—

1[The Commissioner, with the approval of the Standing Committee and the General Manager with the approval of the Brihan Mumbai Electric Supply and Transport Committee], may make regulations for all or any of the following matters, namely:—

1. (a) the forms of notices under sections 105B and 105C and for prescribing the other manner in which they may be served under those sections;
2. (b) the holding of inquiries under this Chapter;
3. (c) the procedure to be followed in taking possession of any corporation premises under section 105B;
4. (d) the manner in which the damages under section 105C may be assessed and the principle which may be taken into account in assessing such damages;
5. (e) the manner in which appeals may be preferred under section 105F and the procedure to be followed in such appeals;
6. (f) any other matter which has to be, or may be, prescribed under this Chapter by regulations.]

2[106. Power to borrow from Central or

3[State] Government or other persons.— The corporation may from time to time borrow or re-borrow and take up at interest from

4[the Central or the

5[State] Government] or with the sanction of the

7[State] Government], from any other person, any sum necessary for the purpose of—

1. (a) defraying any costs, charges or expenses incurred or to be incurred by them in the execution of this Act,
2. (b) discharging any loan contracted under this Act or any other loan or debt for the repayment of which they are liable,
3. (c) making good any deficit in budget estimate “B” framed under section 126,
4. (d) generally, carrying out the purposes of this Act including the advance of loans under section 354W. 8[* * * * *] 9[106A. Restrictions on utilisation of funds created by corporation.— 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 purposes for which the funds are created be

made by the corporation.]

These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 44. New section 106 was substituted by Bom. 13 of 1933, s. 22, for the original as amended by Act 38 of 1920, s. 2, and Sch. I, Part IV, and Bom. I of 1925, s. 17. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Central or the Provincial Government” were substituted for the words “the Secretary of State for India in Council” by the Adaptation of Indian Laws Orders in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. The proviso was omitted by the Adaptation of Indian Laws Order in Council. This section was inserted by Mah. 32 of 2011, s. 12.

154 The Mumbai Municipal Corporation Act [1888 : III

107. Provisions applicable to any new loan contracted with Central or

1[State] Government.— If any new loan shall be contracted by the corporation under this Act with

2[the Central or the

3[State] Government], the same shall be subject as regards repayment and security and in every other respect, to the same provisions as are hereinbefore contained in respect of the consolidated loan save only that the rate of interest, the period of repayment and the number and amount of the instalments shall, in the case of any such new loan, be fixed,

4[by the Central Government, or, as the case may be, the

5[State] Government] ].

6[* * * * * *] 108. Mortgage of taxes or immovable property.— (1) The corporation may borrow or re-borrow any such sum as aforesaid from any person other than

7[the Central or the

8[State] Government], on the security of any immovable property belonging to them or proposed to be acquired by them under this Act or of all the taxes or of any tax which they are authorised to levy for the purposes of this Act

9[or of the Bombay Electric Supply and Transport Undertaking] or of all or any of those securities.

1. (2) And for the purpose of securing the repayment of any sum so borrowed, with interest thereon, they may mortgage to the person by or on behalf of whom such sum is advanced any such immovable property or tax 10[or the said undertaking].

109. Provisions as to exercise of borrowing powers.— The exercise of the powers of borrowing

conferred by this Act shall be subject to the following provisions, namely:—

1. (a) money shall not be borrowed for the execution of any work other than a permanent work including under this expression any work, of which the cost ought, in the opinion of 11[the 12[State] Government], to be spread over a term of years; 13[(b) the sum borrowed for any purpose other than for discharging any of the obligations arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), 14[or other than for discharging any obligation arising out of the acquisition, extension, administration, operation or maintenance of the 15[Brihan Mumbai Electric Supply and Transport Undertaking]] 16[or other than for discharging any obligations arising out of any of the provisions contained in Chapters IX and X,] including the balances of all the outstanding loans and debts borrowed for any of the said purpose shall not exceed in the whole 17[three time] the rateable value of the premises in 18[Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and
2. (c) the sum borrowed for the purpose of discharging any of the obligations, arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Central or the Provincial Government” were substituted for the words “the Secretary of State for India in Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “by the Central Government or, as the case may be, the Provincial Government” were substituted for the words “under the orders of the Governor General in Council, by the Governor in Council” by the Adaptation of Indian Laws Orders in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The proviso was omitted by the Adaptation of Indian Laws Order in Council. The words “the Central or the Provincial Government” were substituted for the words “the Secretary of State for India in Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Bom. 48 of 1948, s. 19. These words were added, by Bom. 48 of 1948, s. 19. The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Clauses (b), (c) and (d) were substituted for the original clause (b) by Bom. 13 of 1933, s. 23(a). These words were inserted by Bom. 48 of 1948, s. 20. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words and figures were inserted by Mah. 34 of 1973, s. 7(a). These words were substituted for the words “double” by Mah. 21 of 1989, s. 17(a). These words were substituted for the words “Greater Bombay” by Mah. 25 ot 1996, s. 2, Schedule.

1888 : III] The Mumbai Municipal Corporation Act 155

the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925) including the balances of all outstanding loans and debts borrowed by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), and the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), and by the corporation for the purpose of discharging the aforesaid obligations, shall not at any time exceed in whole double the rateable value of the premises in

1[Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and

1. (d) the sum borrowed under clause (c) for the purpose of making good any deficit in budget estimate B framed under section 126 shall not in any year exceed twenty lakhs of rupees ;] 2[and
2. (dd) the sum borrowed for the purpose of discharging any obligation arising out of the acquisition, extension, adminstration, operation, or maintenance of the 3[Brihan Mumbai Electric Supply and Transport Undertaking] including the balances of the all outstanding loans and debts borrowed for the said purpose, shall not at any time exceed in the whole 4[three times] the rateable value of the premises in 5[Brihan Mumbai] assessable, as hereinafter provided, property taxes; and] 6[(ddd) the sums borrowed for the purposes of discharging any obligations arising out of any of the provisions of Chapters IX and X, including the balances of all the outstanding loans and debts borrowed for any of the said purposes, shall not at any time exceed 7[on the whole thrice] the rateable value of the premises in 8[Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and] 9[(e) the money may be borrowed for such time, not exceeding sixty years as the corporation, with the sanction of the 10[ 11[State] Government], determine in each case; 12[(f) the corporation shall either pay off the money so borrowed, within the period sanctioned, by equal annual instalments of principal or of principal and interest, or in such other manner as may be approved by 13[the 14[State] Government], or they shall in every year set a part as a sinking fund and accumulate in the way of compound interest, by investing the same in the purchase of public

securities, such sum as will, with accumulations in the way of compound interest, be sufficient,

after payment of all expenses, to pay off the moneys so borrowed within the period sanctioned or within such other period as may be approved by

15[the

16[State] Government];]

1. (g) the corporation may at any time apply the whole or any part of a sinking fund set apart under this section in or towards the discharge of the moneys for the repayment of which the fund has been established: Provided that they pay into the fund each time that interest would have been received by the corporation in respect of the sinking fund or the part of the sinking fund so applied, and accumulate, until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been so received;
2. (h) the investment every year of any sum set apart as portion of the principal of a sinking fund shall be made within fifteen days after the day on which the second half-yearly payment of interest These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This portion was inserted by Bom. 48 of 1948, s. 20. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the word “double” by Mah. 21 of 1989, s. 17(b). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Clause (ddd) was inserted by Mah. 34 of 1973, s. 7(b). These words were substituted for the words “in the whole double” by Mah. 10 of 1998, s. 50. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Original clauses (c) to (g) of section 109 were re-lettered as (e) to (i) by Bom. 13 of 1933, s. 23(b). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Indian Laws Order, 1950. New clause (f) was substituted for the original by Bom. 13 of 1933, s. 23(c). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Indian Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Indian Laws Order, 1950.

156 The Mumbai Municipal Corporation Act [1888 : III

is due by the corporation in respect of the loan for repayment of which such sinking fund is established; and the re-investment of any sum received by the corporation on account of interest on

1[(g)] as the equivalent of interest which the corporation would have received, if the sinking fund or a part thereof had not been applied in any manner authorised by the said clause, shall be made within one month from the day on which such interest is received or from the day on which such interest would have been received, as the case may be:

2[Provided that during the year in which the loan for repayment of which a sinking fund has been established is due for repayment, the sum to be set apart as portion of the principal of such sinking fund and the sum received on account of interest on moneys forming part of such sinking fund may be retained by the corporation in such form as they think fit;]

1. (i) where money is borrowed for the purpose of discharging a previous loan the time for repayment of the money so borrowed shall not, unless with the sanction, of 3[the 4[State Government], extend beyond the unexpired portion of the period for which the original loan was sanctioned and shall in no case be extended beyond the period of sixty years from the date of the original loan]: 5[Provided that, nothing contained in this clause shall apply to any sum borrowed for the purposes of any capital works in relation to Chapters IX and X]. 6[109A. Investment of sinking fund and surplus moneys in debentures issued by the

Corporation.— (1) In respect of any sinking funds which by this Act the corporation are directed or

empowered to invest in public securities and in respect of any surplus moneys which by this Act the Commissioner on behalf of the corporation is empowered to invest in like securities, it shall be lawful for the corporation to reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the

8[State] Government,

9[* * *] shall have been duly obtained under section 106 or issued by the Board of Trustees for the improvement of the City of Bombay under section 52 of the City of Bombay Improvement Act, 1898 (Bom. IV of 1898) or section 68 of the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925): provided that the intention so to reserve and set apart such debentures shall have been notified as a condition of the issue of the loan.

1. (2) The issue of any such debentures direct to and in the name of “The Municipal Commissioner for 10[Brihan Mumbai]” on behalf of the Corporation, shall not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respects as if issued to and name of any other person.
2. (3) The purchase by, or the transfer, assignment or endorsement to, the corporation or to the Municipal Commissioner on behalf of the corporation of any debenture issued by the Corporation or by the Board of Trustees for the Improvement of the City of Bombay shall not operate to extinguish or

cancel any such debenture, but the same shall be valid and negotiable in the same manner and to the

same extent as if held by, or transferred, assigned or endorsed to any other person.]

11[109AA. Annual examination of sinking funds.— (1) All sinking funds established under this

Act shall be subject to annual examination by

12[the Chief Auditor, Local Fund Accounts,] who shall

ascertain whether the cash and the value of the securities belonging thereto are actually equal to the

The brackets and letter “(g)” were substituted for the brackets and letter “(c)” by Bom. 76 of 1948, s. 12. This proviso was inserted by Bom. 13 of 1933, s. 23(d). The words “the Provincial Government” were substituted for the words “the Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This proviso was added by Mah. 34 of 1973, s. 7(c). New sections 109A, 109B and 109C were inserted by Bom. 13 of 1933, s. 24. The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “or of the Governor-General in Council” were omitted by the Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This section was inserted by Bom. 76 of 1948, s. 13. These words were substituted for the words “the Accountant General Bombay” by Mah. 42 of 1976, s. 7.

1888 : III] The Mumbai Municipal Corporation Act 157

amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.

1. (2) The amount which should be at the credit of a sinking funds shall be calculated on the basis of the present value of all future payments required to be made to such funds under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated as obtained therefrom.
2. (3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current market value, except in the case of debentures issued under this Act or under any previous Act relating to the Municipal Government of the city or under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), which shall always be valued at par provided that the corporation shall make good immediately any loss which may accrue on the actual sale of such debentures at the time of the repayment of the loan.
3. (4) The corporation shall forthwith pay into any sinking fund any amount which 1[the Chief Auditor, Local Fund Accounts,] may certify to be deficient, unless the 2[ 3[State] Government] specially sanctions a gradual readjustment.
4. (5) If the cash and the value of the securities at the credit of any sinking fund are in excess of the amount which should be at its credit, 4[the Chief Auditor, Local Fund Accounts,] shall certify the amount of such excess sum and the corporation may thereupon transfer the excess sum to the municipal fund.
5. (6) If any dispute arise as to the accuracy of any certificate made by 5[the Chief Auditor, Local Fund Accounts,] under sub-section (4) or (5), the corporation may, after making the payment or transfer, as the case may be, refer the matter to the 6[ 7[State] Government] whose decision shall be final. 8[109B. Corporation may take advance from banks and grant mortgage.—
6. (1) Notwithstanding anything contained in sections 106, 108 and 109, the corporation may, with the previous sanction of the 9[ 10[State] Government] and for the purpose of discharging any liability arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), take from any bank or banks credit on a cash account to be opened and kept with such bank or banks in the name of the Corporation, for a sum not exceeding in the aggregate fifteen lakhs of rupees on the security of all or any of the taxes which the corporation are authorised to levy for the purposes of this Act.
7. (2) The corporation may also, with the previous sanction of 11[the 12[State] Government] and subject to the provisions of this Act, mortgage any lands of, property vesting or re-vesting or belonging to the corporation in security of the payment of the amount of such credit or of the sums advanced from time to time on such cash account with interest thereon. 109C. Corporation to have power to borrow from banks against Government promissory notes or securities.— Notwithstanding anything contained in sections 106 and 109, the corporation may also borrow, for the purpose of this Act, from any bank or banks in which under section 122 the surplus moneys at the credit of the municipal fund may be deposited, against any Government promissory notes or other securities in which for the time being the cash balance of the corporation may be invested.] These words were substituted for the words “the Accountant General Bombay” by Mah. 42 of 1976, s. 7. The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “the Accountant General Bombay” by Mah. 42 of 1976, s. 7. These words were substituted for the words “the Accountant General Bombay” by Mah. 42 of 1976, s. 7. The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. New sections 109A, 109B and 109C were inserted by Bom. 13 of 1933, s. 24. The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Orders, 1950. The words “Provincial Government” were substituted for the words “Local Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Orders, 1950.

1[other than a mortgage made under section 109B] shall be by debenture in the form, contained in Schedule C or in such other form as the Corporation, with the consent of

2[the Provincial Government], shall from time to time determine.

1. (2) Every debenture issued under this Act 3[other than a debenture issued under section 110D] shall be transferable by endorsement 4[* * * * * * * * *]
2. (3) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder thereof for the time being, without any preference by reason of some of such debentures being prior in date to others. 5[110A. Issue of duplicate securities.— (1) When a debenture issued under this Act or any previous Act relating to the Municipal Government of the city 6[or under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XIV of 1925)], is alleged to have been 7[lost, stolen or destroyed either wholly or in part] and a person claims to be the person to whom but for the loss, 8[theft] or destruction it would be payable, he may, on application to the Municipal Commissioner, and on producing proof to his satisfaction of the loss, 9[theft] or destruction and of the justice of the claim, obtain from him an order for,— 10[(a) if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),—
   • (i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture, and
   • (ii) for the issue of a duplicate debenture payable to the applicant, or
   • (b) if the debenture alleged to have been lost, stolen or destroyed is payable not more than six years after the date of publication of the notification referred to in sub-section (2),—
     • (i) for the payment of interest in respect of the debenture without the issue of a duplicate debenture, and
     • (ii) for the payment to the applicant of the principal sum due in respect of the debenture on or after the date on which the payment becomes due.]
3. (2) An order shall not be passed under sub-section (1) until after the issue of such notification of the loss 11[theft] or destruction of the debenture as may be prescribed by the corporation, and after the expiration of such period as may be prescribed by the corporation, nor until the applicant has given such indemnity as may be required by the corporation against the claims of all persons deriving title under the debenture lost, 12[stolen] or destroyed. 13[(3) A list of the debentures in respect of which an order is passed under sub-section (1) shall be published in the Official Gazette.] 14[(4) If at any time before the corporation becomes discharged under the provisions of section 110AD from liability in respect of any debenture the whole of which is alleged to have been lost, stolen These words and figure were inserted by Bom. 13 of 1933, s. 25(a). The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. These words were inserted by Bom. 13 of 1933, s. 25(b). The words and letter “and such transfers may be in the form of Schedule D, or to the like effect” were deleted and have been deemed always to have been deleted by Bom. 76 of 1948, s. 14. Sections 110A to 110C were inserted by Bom. 1 of 1910, s. 2, Serial No. 16. These words and figures were inserted by Bom. 13 of 1933, s. 26. These words were substituted for the word “wholly or partly lost or destroyed” by Bom. 5 of 1938, s. 12(a)(i). This word was inserted by Bom. 5 of 1938, s. 12(a)(ii). This word was inserted by Bom. 5 of 1938, s. 12(a)(ii). These clauses were substituted for the original by Bom. 5 of 1938, s. 12(a)(iii). This word was inserted by Bom. 5 of 1938, s. 12(b)(i). This word was inserted by Bom. 5 of 1938, s. 12(b)(ii). This sub-section was substituted for the original by Bom. 5 of 1938, s. 12(c). This sub-section was added by Bom. 5 of 1938, s. 12(d).

1888 : III] The Mumbai Municipal Corporation Act 159

or destroyed, such debenture is found, any order passed in respect thereof under this section shall be cancelled.]

1[110AA. Renewal of debentures.— Subject to the provisions of section 110AB, a person claiming to be entitled to a debenture issued under this Act or any previous Act relating to the Municipal Government of the city or under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), may on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner obtain a renewed debenture payable to the person applying.

110AB. Renewal of debentures in case of dispute as to title.— (1) Where there is a dispute as

to the title to a debenture issued under this Act or any previous Act relating to the Municipal Government of the city or under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), in respect of which an application for renewal has been made, the Commissioner may—

1. (a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue, renewed debenture in favour of such party, or
2. (b) refuse to renew the debenture until such a decision has been obtained, or
3. (c) after such inquiry as is hereinafter provided and on consideration of the result thereof, declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration, issue a renewed debenture in favour of such party in accordance with the provisions of section 110AA, unless within that period he has received notice that proceedings have been instituted by any person in a court of competent jurisdiction for the purpose of establishing a title to such debenture.

Explanation.— For the purposes of this sub-section the expression “final decision” means a

decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law.

1. (2) For the purposes of the inquiry referred to in sub-section (1) the Commissioner may himself record, or may request the District Magistrate to record or to have recorded, the whole or any part of such evidence as the parties may produce. The District Magistrate to whom such request has been made may himself record the evidence or may direct any Magistrate subordinate to him to record the evidence and shall forward the record of such evidence to the Commissioner.
2. (3) The Commissioner or any Magistrate acting under this section may, if he thinks fit, record evidence on oath.

110AC. Liability in respect of debenture renewed.— (1) When a renewed debenture has been

issued under section 110AA in favour of any person, the debenture so issued shall be deemed constitute a new contract between the corporation and such person and all persons deriving title thereafter through him.

1. (2) No such renewal shall affect the rights as against the corporation of any other person to the debenture so renewed.

110AD. Discharge in certain cases.— When a duplicate debenture has been issued under section

110A, or when a renewed debenture has been issued under section 110AA or section 110AB or when the principal sum due on a debenture in respect of which an order has been made under section 110A for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued, or in respect of which such payment has been made, as the case may be—

Sections 110AA to 110AE were inserted by Bom. 5 of 1938, s. 13.

160 The Mumbai Municipal Corporation Act [1888 : III

1. (a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 110A or from the date of the last payment of interest on the original debenture, whichever date is later,
2. (b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof, and
3. (c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 110A. 110AE. Indemnity.— Notwithstanding anything in section 110AA or 110AB, the Commissioner may in any case arising under either of those sections—

1. (1) issue a renewed debenture upon receiving such indemnity in favour of the corporation and the Commissioner as he shall think fit against the claims of all persons claiming under the original debenture, or
2. (2) refuse to issue a renewed debenture unless such indemnity is given.]

110B. Right of survivors of joint payees of securities.— (1) Notwithstanding anything in section

45 of the Indian Contract Act, 1872 (IX of 1872), when any debenture issued under this Act or any previous Act relating to the municipal government of the city

1[or under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)], is payable to two or more persons jointly and either or any of them dies, the debenture shall be payable to the survivor or survivors of those persons.

1. (2) Nothing herein contained shall affect any claim which the representative of the deceased person may have against the survivor or survivors in respect of the debenture jointly payable to him or them and the deceased.
2. (3) This section shall apply whether the death of the person to whom the debenture or security was jointly payable occured or occurs before or after this section comes into force.

110C. Power of one or two or more joint holders to grant receipts.— Notwithstanding anything

in section 45 of the Indian Contract Act, 1872 (IX of 1872), when two or more persons are joint holders of any debenture issued under this Act, or any previous Act relating to the municipal government of the city,

2[or under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)] any one of those persons may be given an effectual receipt for any interest or dividend payable in respect of such debenture unless notice to the contrary has been given to the Commissioner by any other of the holders.]

3[110D. Debentures issued under Bombay Act IV of 1898, and XVI of 1925.— (1) The holder

of any debenture issued by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), may obtain in exchange therefor, upon such terms as the corporation shall from time to time determine, a debenture in any other form which the corporation may, with the previous consent of

4[the

5[State] Government], prescribe.

1. (2) Every debenture issued under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), or by the corporation under sub-section (1) shall be transferable—
   • (a) if it is in the form of Schedule AA by endorsement, and
   • (b) if it is in any other form, in such manner as is therein expressed.
2. (3) The rights to sue in respect of the moneys secured by debentures issued under this section or the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement These words and figures were inserted by Bom. 13 of 1933, s. 26. These words and figures were inserted by Bom. 13 of 1933. Sections 110D to 110H were inserted by Bom. 13 of 1933, s. 27. The words “the Provincial Government” were substituted for the words “Government” by Adaptation of Indian Laws Order in Council. These words were substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 161

Trust Transfer Act, 1925 (Bom. XVI of 1925), shall vest, in the respective holders thereof for the time being without any preference by reason of some of such debentures being prior in date to others.

110DD. Issue of stock certificates.— (1) The

1[Standing Committee] at its discretion may, at the time of issue or at any time during the currency of any debentures or securities issued under the provisions of this Act or any previous Act relating to the municipal government of the city or under the

City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement of

Trust Transfer Act, 1925 (Bom. XVI of 1925), upon the application of the subscriber for, or holder of any such debentures or securities, issue to him, in lieu of the debentures or securities deliverable to or held by him, a certificate in the name of a stock, certificate in respect of the loan to which such debentutes or securities relate, which shall be in such form as the corporation with the previous consent of

2[the Provincial Government], shall from time to time determine and all the provisions as to interest or dividend on such debentures or securities shall, so far as may be, apply to the interest on the stock certificate.

3[(1A) The repayment of the principal sum mentioned in a stock certificate issued under sub-section (1) in lieu of a debenture or any other security, not being a debenture issued under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), or a debenture issued under the Act in renewal of such a debenture, and the interest payable thereon shall be deemed to be secured by a mortgage of a proportion of all the taxes which may be levied under this Act in the same manner and to the same extent as if a debenture for the same sum has been issued in the form contained in Schedule C to this Act.]

1. (2) The 4[Standing Committee] shall upon the application of the holder of a stock certificate convert the same into debentures or securities of the loan to which it relates. 5[(3) The corporation may from time to time make, alter or rescind rules prescribing—
   • (a) the amounts for which stock certificates may be issued;
   • (b) the fees to be levied in respect of the issue of stock certificates;
   • (c) the form of keeping a register of the holders of stock;
   • (d) the mode in which payment of interest to holders of stock is to made, recorded and acknowledged;
   • (e) the form of transfer to be used, the formalities to be observed and the fees to be levied on a transfer of stock;
   • (f) the circumstances and manner in which duplicate stock certificates may be issued and the fees to be levied or the indemnity to be required on any such issue;
   • (g) generally the measures to be adopted for carrying out the objects of this section.
2. (4) No rule, or alteration or rescission of a rule, shall have effect until the same shall have been approved by the Government, and such approval shall have been published in the Official Gazette; and no rule, or alteration or rescission of a rule, shall be approved by Government until the same shall have been published for three weeks successively in the said Gazette.]

110E. Provisions for loans, etc., raised by the Board of Trustees under Bombay Act IV of

1898 and Bombay Act XVI of 1925.— In the case of all loans raised, sinking funds established, debentures or other securities issued and debts incurred by the Board of Trustees for the Improvement of the City of Bombay under and in accordance with the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), and the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), before the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), comes into operation the following provisions shall apply:—

These words were substituted for the words “Mayor-in-Council” by Bom. 27 of 1999, s. 45. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. Sub-section (1A) was inserted by Bom. 32 of 1935, s. 6. These words were substituted for the words “Mayor-in-Council” by Bom. 27 of 1999, s. 45. These sub-sections were added by Bom. 5 of 1938, s. 14.

162 The Mumbai Municipal Corporation Act [1888 : III

1. (i) if when such loans were raised the loans were made repayable from sinking funds, the corporation shall establish sinking funds for the repayment of such loans and shall pay into such funds such sums, on such dates as may have been fixed when the loans were raised;
2. (ii) if when any such loans were raised the loans were made repayable by equal payments of principal and interest or by equal payments of principal the corporation shall make such payments on such dates and in such manner as may have been fixed when the loans were raised;
3. (iii) the provisions of clause (f) of section 109 shall, so far as may be, apply to such loans and the said clause shall be construed as if (a) for the word “annual” the words “yearly or half-yearly” were substituted and (b) the words “or in such other manner as may be approved by 1[the Provincial Government]” were omitted;
4. (iv) the provisions of clause (g) of section 109 shall, so far as may be, apply to such sinking funds and the said clause shall be construed as if for the words “under this section” the words “under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925),” were substituted;
5. (v) the provisions of clause (h) of section 109 (except the proviso) shall, as far as may be, apply and the said clause shall be construed as if after the word “year” the words “or every half- year” were inserted and as if the words “second half-yearly” were omitted;
6. (vi) the provisions of section 109A shall, so far as may be, apply to such sinking funds;
7. (vii) the provisions of section 110F shall, apply to such loans;
8. (viii) the provisions of section 106 shall; so far as may be, apply, and the said section shall be construed as if for the words “contracted under this Act” the words “or debt contracted or incurred under this Act or by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)”, were substituted ;
9. (ix) all securities and cash held by the Board of Trustees for the Improvement of the City of Bombay in existence when the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933) comes into operation in sinking funds established for the repayment of such loans shall be

transferred to the corporation and shall be held by them as part of the sinking funds established

under clause (i);

1. (x) when money is borrowed for the purpose of discharging any loan contracted by the said Board of Trustees for the Improvement of the City of Bombay the time for repayment of the loan so borrowed shall not extend beyond the unexpired portion of the period for which the original loan was sanctioned; and
2. (xi) for the removal of doubts, it is hereby declared that—

1. (a) All loans contracted, sinking funds established and debts incurred by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), and the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), shall continue to be subject as regards repayment, rate of interest, period, guarantee for fulfilment of liabilities and in all other respects to the same terms and conditions as were fixed by the said Board when such loans, funds, and debts were contracted, established or incurred or as were provided by or under the aforesaid Acts;
2. (b) All loans contracted, sinking funds established and debts incurred by the corporation under the provisions of this Act or any Act relating to the municipal government of the City of Bombay prior to the date on which the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), comes into force, shall continue to be subject, as regards repayment, rate of interest, period, guarantee for fulfilment of liabilities and in all other respects to the same term and conditions as were fixed when such loans, funds, and debts, were contracted, established or incurred or as were provided by or under the provisions of the aforesaid Acts prior to the date mentioned above: The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council.

1888 : III] The Mumbai Municipal Corporation Act 163

Provided that nothing contained in clauses (a) and (b) above shall affect any express provision of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), relating to such loans, funds and debts.

110F. Procedure in event of default by corporation in payment of interest or investment of

sinking fund charges.— (1) If the corporation fail—

1. (a) to pay any interest due in respect of any loan taken by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925), for the repayment of which the corporation have become liable under section 110E;
2. (b) to pay or to set aside and invest any sum required by section 110E or which the said Board were required to pay or set aside and invest under the provisions of the said Acts, the Accountant General of Bombay shall make such payment or shall set aside and invest such sum as ought to have been set aside and invested under the said provision of Acts; and the Commissioner shall forthwith pay from the municipal fund to the said Accountant General a sum equivalent to the sum so paid or invested by him ; and if the amount is not so paid 1[the Provincial Government] may attach the rents and other income of the corporation sufficient to pay the said sum and thereupon the provisions of sub-sections (2) and (3) of section 99 shall with all necessary modifications be deemed to apply.

1. (2) The corporation may, with the previous sanction of 2[the 3[State] Government] levy any such special tax as may be sufficient to repay to the municipal fund the amount paid by the Commissioner as aforesaid. Such special tax shall be in addition to any of the taxes from time to time leviable under this Act: 4[Provided that nothing in this sub-section shall authorize the levying of any tax which could not be imposed in the 5[State] by the 6[State] Legislature under the 7[Constitution]]. 110G. Procedure in case of default by Commissioner.— If the Commissioner to make the payment as required by section 110F 8[the 9[State] Government] may attach the municipal fund or any tax leviable by the corporation or any special tax leviable under sub-section (2) of section 110F sufficient so far as can be estimated to cover such payment and thereupon the provisions of sub-sections (2) and
2. (3) of section 99 shall with all modification be deemed to apply: Provided that before 10[the 11[State] Government] attaches a special tax leviable under sub-section
3. (2) of section 110F, 12[the 13[State] Government] may require the corporation to levy the said tax. 110H. Certain sums to be a charge upon the property of the Corporation.— All money payable under sub-section (1) of section 110F and levied under section 110G shall constitute a charge upon the property of the corporation.]

The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This proviso was substituted for the original proviso by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This word was substituted for the word and figures “Government of India Act, 1935” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

164 The Mumbai Municipal Corporation Act [1888 : III

The Municipal Fund

111. Constitution of the municipal fund.—

1[Subject to the provisions of sections

2[119A, 119B], 120, 120A and 460Z] all moneys received by or on behalf of the Corporation under the provisions of this Act or any other enactment at the time in force, or under any contract:— all proceeds or the disposal of property by, or on behalf of, the corporation, all rents accuring from any property of the corporation, all moneys raised by any tax, levied for the purposes of this Act, all fees and fines payable and levied under this Act or under any rule, regulation or by-law in force thereunder

3[other than fines imposed by a court],

4[the balance, after all necessary contingent expenses have been defrayed, of all fees] for licences for public conveyances granted by the Police Commissioner under

5[the Bombay Police Conveyances Act, 1920 (Bom. VII of 1920)],

6[the balance, after all necessary contingent expenses have been defrayed, of all fees for licences for the playing of music in streets and public places granted under paragraph (ii) of clause (f) of section 22 of the City of Bombay Police Act, 1902 (Bom. IV of 1902)],

7[* * * * * *] all moneys received by or on behalf of the corporation

8[from any Government] or private individuals by way of grant or gift or deposit, and all interest and profits arising from any investment of, or from any transaction in connection with any money, belonging to the corporation,

9[including loans advanced under section 354W,

10[354WA or 354 WB] ], shall be credited to a fund, which shall be called “the municipal fund” and which shall be held by the corporation in trust for the purposes of this Act, subject to the provisions herein contained.

11[* * * * * *]

12[111A. Annual grant by State Government from proceeds of entertainments duty.— The

State Government may, under appropriation duly made in this behalf, make a grant to the Corporation every year of such amount as it may, from time to time, determine, having regard to the proceeds of the entertainments duty levied and collected by it in

13[Brihan Mumbai] under the Bombay Entertainments Duty Act, 1923 (Bom. I of 1923). The grant shall be made in such manner and shall be subject to such terms and conditions, as the State Government may, from time to time, determine. All moneys received by the Corporation by way of such grant shall be credited to the municipal fund:]

14[Provided that it shall be competent for the State Government to deduct—

1. (a) from the grants made by the State Government, or This portion was inserted by Bom. 48 of 1948, s. 21. These figures and letters were inserted by Mah. 34 of 1973, s. 8. These words were inserted by the Adaptation of Indian Laws Order in Council. These words were substituted for the words “all fees” by Bom. 3 of 1907, s. 16(a). These words and figures were substituted for the original by Bom. 76 of 1948, s. 15. This clause was inserted by Bom. 3 of 1907, s. 16(b). The words, figures, letter and brackets “the balance, after all expenses referred to in sub-section (3) of section 513A have been defrayed of all fines levied by any magistrate in respect of any offence against the provisions of this Act, or of any regulation or by-law made under this Act” were omitted by the Adaptation of Indian Laws Order in Council. The words “from any Government” were substituted for the words “from Government” by the Adaptation of Indian Laws Order in Council. These words, figures and letters were inserted by Bom. 13 of 1933, s. 28. These figures, letters and word were inserted by Bom. 34 of 1954, s. 4. The proviso was deleted by Bom. 48 of 1948, s. 21. Section 111A was inserted by Mah. 63 of 1975, s. 3. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These provisos were added by Mah. 41 of 1994, s. 39.

1888 : III] The Mumbai Municipal Corporation Act 165

1. (b) from any sum representing the grant-in-aid or the share of the Corporation in the net proceeds of the taxes, duties, tolls and fees levied by the State Government on the recommendations of the Finance Commission, any amount which is due to the State Government, or to any Government, Corporation, Government Company or any other statutory authority constituted by the Government of Maharashtra: Provided further that, before making such deductions, the Corporation’s say in the matter shall be considered by the Government]. 112. Commissioner to receive payments on accounts of the municipal fund and to lodge them in a bank.— All moneys payable to the credit of the municipal fund shall be received by the Commissioner and shall be forthwith paid 1[into the] 2[the State Bank of India, constituted under the State Bank of India Act, 1955 (XXCIII of 1955) or any corresponding new Bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970) or in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980)] to the credit of an account, which shall be styled the account of the municipal fund of 3[Brihan Mumbai]. 4[* * * * * *] 5[113. How the fund shall be drawn against.— (1) Subject to the provisions of section 520, no payment shall be made by the Bank aforesaid out of the municipal fund except on a cheque signed by two persons in the manner specified below, namely:— 6[(a) by the Commissioner, Additional Commissioner, the Director or a Deputy Commissioner 7[or, in the absence of all of them, by a municipal officer who is authorised by 8[Standing Committee], and
2. (b) by the Municipal Chief Accountant, Additional Municipal Chief Accountant, Joint Municipal Chief Accountant or Deputy Accountant:] Provided that, any cheque for an amount not exceeding 9[one lakh rupees], if signed by the Chief Accountant or Deputy Accountant shall be sufficient authority for the payment of the amount thereof out of the fund by the said Bank.

1. (2) Payment of any sum due by the Corporation in excess of one hundred rupees (or such higher amount as 10[Standing Committee] from time to time may fix generally or for any specified class of payments) shall be made by means of a cheque signed as aforesaid and not in any other way.
2. (3) Payment not covered by sub-section (2) may be made by the Commissioner in cash or cheques for a sum not exceeding five thousand rupees each (or such higher amount as 11[Standing Committee] may from time to time fix) signed as aforesaid, being drawn from time to time to cover such payments. 114. Deposit of portion of the municipal fund may be made with bank or agency out of 12[Mumbai] when convenient.— Notwithstanding anything contained in the last two preceding sections, the Commissioner may, with the 13[previous] approval of 14[Standing Committee] from time to time, remit any portion of the municipal fund to a bank or other agency at any place beyond the city at which it may be desirable for the corporation to have funds in deposit, and any money payable to the credit of the municipal fund or chargeable there against, which can, in the opinion of the Commissioner These words were substituted for the original by Bom. I of 1894, s. 4(2). This portion was substituted for the words “the Bank of Bombay” by Mah. 21 of 1989, s. 18(a). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, Schedule. The proviso was deleted by Mah. 21 of 1989, s. 18(b). Section 113 was substituted by Mah. 39 of 1961, s. 9. Clauses (a) and (b) were substituted for the original by Mah. 21 of 1989, s. 19(a). These words were inserted by Mah. 12 of 1993, s. 3(a). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 46. These words were substituted for the words “ten thousand rupees” by Mah. 12 of 1993, s. 3(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 46. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 46. These words were substituted for the word “Bombay” by Mah. 25 of 1996, Schedule. The word “previous” was inserted by Bom. 19 of 1930, s. 9. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 46.

166 The Mumbai Municipal Corporation Act [1888 : III

be most conveniently paid into or out of the account of the Corporation at any such bank or agency, may be so paid. 115. Only sums covered by budget-grant to be expended from the municipal fund.—

1. (1) Except as hereinafter provided, on payment of any sum shall be made by the Commissioner out of the municipal fund, unless the expenditure of the same is covered by a current budget-grant and sufficient balance of such budget-grant is still available, notwithstanding any reduction or transfer thereof which may have been made under section 133 or section 134:
2. (2) Exceptions.— Provided that the following items shall be excepted from this prohibition, namely:—
   • (a) sums of which the expenditure has been sanctioned by the 1[Standing Committee] under section 132;
   • (b) temporary payments under section 119 for works urgently required in the public service;
   • (c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;
   • (d) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the municipal fund by mistake;
   • (e) sums which the Commissioner is by section 222, sub-section (3), 309, sub-section (2), 315, sub-section (2), 334, sub-section (2), 395, sub-section (2), 426, sub-section (2), 427, sub-section (4), 501 and 515, clause (b) required or empowered to pay by way of compensation;
   • (f) sums payable in any of the circumstances mentioned in clause (f) of section 118;
   • (g) expenses incurred by the Commissioner in exercise of the power conferred upon him by section 434;
   • (h) costs incurred by the Commissioner under 2[clause (c) or (d) of sub-section (3)] of section 64: 3[Provided further that, in the case of an emergent necessity for funds, and upon a representation by the 4[Brihan Mumbai Electric Supply and Transport Committee] to the Corporation, the Corporation may, with the previous sanction of the State Government (which sanction may be given subject to such terms and conditions as to repayment and other matters as that Government thinks fit), authorise the Commissioner to pay from the municipal fund into the 5[Brihan Mumbai Electric Supply and Transport Fund] such sums as may be specified, as a temporary advance for meeting such emergency.]
3. (3) In sub-section (1), “budget-grant” means a budget-grant within the meaning of that term as defined in section 130 and includes any sum by which such budget-grant may at any time be increased by a transfer under 6[sub-section (1) ] of section 133. 116. Drafts on the municipal fund to be checked by 7[officer of the Corporation].— The 8[Officers of the Corporation]

9[* * * *] shall not sign any cheque under section 113 without

first satisfying themselves that the sum for which such cheque is drawn is either covered by a budget- grant as aforesaid or is an item of one of the excepted descriptions specified in sub-section (2) of the last preceding section.

117. Procedure when money not covered by a budget grant is expended under clause (e), (f),

1. (g) or (h) of section 115.— Whenever any sum is expended by the Commissioner under clause (e), (f),
2. (g) or (h) of 10[sub-section (2) of] section 115, he shall forthwith communicate the circumstances to the These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 48(c). This portion was substituted for the original by Bom. 48 of 1948, s. 22. This proviso was added by Mah. 32 of 1966, s. 2. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 48(b). These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. This was substituted for “clause (b)” by Bom. 5 of 1935, s. 15. These words were substituted for the words “Members of the Standing Committee” by Mah. 10 of 1998, s. 61. These words were substituted for the words “Members of the Standing Committee” by Mah. 10 of 1998, s. 61. The words “and the municipal secretary” were omitted by Bom. 32 of 1935, s. 8. This portion was inserted by Bom. 5 of 1938, s. 16.

1888 : III] The Mumbai Municipal Corporation Act 167

1[Standing Committee] who shall take action under

2[sub-section (2) of] section 133 or recommend the corporation to take, under section 131

3[or under sub-section (1) of] section 133 such actions as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.

118. Purpose for which the municipal fund is to be applied.— The moneys from time to time

credited to the municipal fund shall be applied in payment of all sums, charges and costs necessary for the purposes, specified in sections 61, 62,

4[62D],

5[62E] and 63, or for otherwise carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act, inclusive of—

1. (a) the expenses of every ward-election 6[* * *] held under this Act; 7[(b) sum payable to the 8[Brihan Mumbai Electric Supply and Transport Fund] in repayment of amounts disbursed therefrom for any of the purposes of this Act other than for the purpose of the 9[Brihan Mumbai Electric Supply and Transport Undertakings] and including the expenses of, or reasonable charges for, all supplies provided and services rendered for any such purpose by the General Manager at the charge of the 10[Brihan Mumbai Electric Supply and Transport Fund];
2. (c) the salaries 11[joining time allowances] and other allowances of the Commissioner, 12[of the Director] and of any Deputy Commissioner appointed under this Act 13[and of any officer whose services may, at the request of the corporation, be placed by 14[the 15[State] Government] at their disposal];
3. (d) the salaries and other allowances of all municipal officers and servants and all 16[contributions to provident funds,] pensions, gratuities and compassionate allowances payable under the provisions of this Act or of any schedule or regulations framed under this Act and at the time in force 17[and the interest on the accumulations of Municipal Officers and servants in the provident funds aforesaid, at such rate as is sanctioned by the State Government, from time to time, in the case of such accumulations of its own employees]; 18[(dd) the fees and costs payable to the Commissioner in connection with consultation relating to any appointment to any post in any department of the municipal administration;]
4. (e) all expenses and costs incurred by the Commissioner in the exercise of any power or the discharge of any duty conferred or imposed upon him by this Act, including moneys which he is required or empowered to pay by way of compensation;

19[(ee) the loans advanced in accordance with the provisions of section 354-W,

20[354WA, 354 WB or 354WBB;]

1. (f) every sum payable— These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 49. This portion was inserted by Bom. 5 of 1938, s. 16. This portion was inserted by Bom. 5 of 1938, s. 16. The figures and letter “62D” were inserted by Bom. 3 of 1907, s. 17. The figures and letter “62E” were inserted by Bom. 12 of 1925, s. 3. The words “and of every justices election” were omitted by Bom. 32 of 1935, s. 9. Clause (b) was inserted by Bom. 48 of 1948, s. 23. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 26 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 26 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 26 of 1996, Schedule. These words were inserted by Bom. 5 of 1905, s. 8(a). These words were inserted by Mah. 53 of 1981, s. 16(a). These words were added by Bom. 5 of 1905, s. 8(b). The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were added by Bom. 6 of 1922, s. 30. These words were added by Mah. 27 of 1979, s. 2. Clause (dd) was inserted by Bom. 48 of 1950, s. 53. The new clause (ee) was inserted by Bom. 13 of 1933, s. 29(i). These figures, letters and words were inserted by Bom. 34 of 1954, s. 5.

168 The Mumbai Municipal Corporation Act [1888 : III

1. (i) under 1[sub-section (1) of section 110F], 2[section 513-A, and] sub-section (1) of section 520 to 3[the 4[State] Government];
2. (ii) under a decree or order of a civil or criminal court passed against the corporation or against the Commissioner 5[the Director] or a Deputy Commissioner ex-officio;
3. (iii) under a compromise of any suit or other legal proceeding or claim effected under section 517. 6[118A. Municipal fund where to be expended.— Expenditure by the corporation out of the municipal fund shall, save as otherwise provided by this Act, be made within 7[Brihan Mumbai] only, but may by a resolution of the corporation supported by at least 8[half the total number of] councillors, be made outside the city for any of the purposes of this Act.]

119. Temporary payments from the municipal fund for works urgently required for public

service.— (1) On the written requisition of a Secretary to

9[the

10[State] Government], the Commissioner may at any time undertake the execution of any work certified by such Secretary to be urgently required in the public service, and for this purpose may temporarily make payments from the municipal fund, so far as the same can be made without unduly interfering with the regular working of the municipal administration. The cost of all work so executed and of the establishment engaged in executing the same shall be paid by the

11[the

12[State] Government] and credited to the municipal fund.

1. (2) On receipt of any requisition under sub-section (1) the Commissioner shall forthwith forward a copy thereof to the corporation, together with a report of the steps taken by him in pursuance of the same. 13[* * * * * * *] 14[* * * * * * *] Special funds 15[119A. Constitutions of the consolidated Water Supply and Sewage Disposal Loan Fund.— (1) The Corporation shall establish and set apart for the purposes of ‘G’ budget a separate fund to be called “the Consolidated Water Supply and Sewage Disposal Loan Fund” for the purposes of carrying into effect the provisions of Chapters IX and X.
2. (2) The following moneys shall be credited to the said Loan Fund, namely:—
   • (a) any sums borrowed in exercise of the powers conferred by or under this Act for the purposes of Chapters IX and X;
   • (b) such portion of the Sinking Fund referred to in clause (f) of section 106 as the Corporation may, from time to time, determine.
3. (3) The Fund so established shall be applied for,— These words, figures, letter and brackets were inserted by Bom. 13 of 1933, s. 20(ii). These words, figures and letters were inserted by Bom. 10 of 1930, s. 3. The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Mah. 53 of 1981, s. 16(b). New section 118A was inserted by Bom. 10 of 1928, s. 11. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “fifty-four” by Bom. 7 of 1950. The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the words “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The heading “School-fund and section 120” were repealed by Bom. 3 of 1907, s. 18. Portion repealed by Bom. 3 of 1907, s. 19 are omitted. Sections 119A and 119B were inserted by Mah. 34 of 1973, s. 9.

1888 : III] The Mumbai Municipal Corporation Act 169

1. (a) the expenditure on capital works for the purposes of Chapters IX and X;
2. (b) the repayment of the previous loans raised for such capital works.

1. (4) Any moneys of the said Fund, not used or not immediately to be used in accordance with the last preceding sub-section, shall be invested by the Commissioner, on behalf of the Corporation with the sanction of the 1[Standing Committee], in such manner as he deems fit and proper.

119B. Constitution of the Water and Sewage Fund.— (1) The Corporation shall establish and

set apart separate fund to be called the Water and Sewage Fund.

1. (2) All moneys received by or on behalf of the Corporation under clause (a) or (b) of section 140 or under section 169 to 172 (both inclusive) or any other moneys received for the purposes of Chapters IX and X shall be credited to the Water and Sewage Fund.
2. (3) All moneys payable to the credit of the said Fund shall be received by the Commissioner and forthwith paid by him into the Bank or Banks approved by the 2[Standing Committee] from time to time, in this behalf to the credit of account which shall be style the Account of the Water and Sewage Fund:

Provided that, the Commissioner may, subject to any general or special directions issued by the

3[Standing Committee], retain such balance in cash as may be necessary for the purposes of Chapters IX and X.

1. (4) The moneys from time to time credited to the said Fund shall be applied only in payment of all sums, charges and costs necessary for the purposes of carrying into effect the provisions of Chapters IX and X.
2. (5) Surplus money at the credit of the said Fund, which cannot immediately or at an early date be applied as provided in the last preceding sub-section may, from time to time, be deposited by the Commissioner at interest in the Bank or Banks approved by the 4[Standing Committee] or be invested in public securities.
3. (6) All such deposit and investments shall be made by the Commissioner on behalf of the Corporation with the sanction of the 5[Standing Committee], and with the like sanction, the Commissioner may at any time withdraw any deposits so made or dispose of any securities and redeposit or reinvest the moneys so withdrawn or the proceeds of the disposal of the securities ; but no order for

making any such deposits or investment or withdrawal or disposal shall have any validity, unless the

same be in writing signed by two persons in the manner specified in sub-section (1) of section 113 for signing cheques.

1. (7) The loss, if any, arising from any such deposits or investment shall be debited to ‘the Water and Sewage Fund’].

6[120. Constitution of Fine Fund.— Fines collected under

7[section 83] shall be credited to a separate fund to be called “the Fine Fund” the proceeds of which shall be expended in promoting the well-being of municipal officers and servants other than those appointed under the provisions of Chapter XVI-A of this Act, and for the payment of compassionate allowances to the widows of such officers and servants who die while in municipal service and to such other relation of the officers and servants as the corporation may from time to time determine.

120A. Constitution of Welfare Fund.— Amounts transferred to the municipal fund under the

provisions of clause (c) of sub-section (1) of section 460LL shall be credited to a special fund to be called “the Welfare Fund” and shall be expended in providing such benefits and amenities to municipal officers and servants, including those appointed under the provisions of Chapter XVI-A of this Act and to such members of their families and their dependants as the corporation may from time to time determine.]

These words were substituted for the words “Mayor-in Council” by Mah. 27 of 1999, s. 50. These words were substituted for the words “Mayor-in Council” by Mah. 27 of 1999, s. 51. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 51. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 51. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 51. Sections 120 and 120A were added by Bom. 48 of 1948, s. 24. This word and figures were substituted for the word and figures “section 82” by Mah. 10 of 1998, s. 65.

170 The Mumbai Municipal Corporation Act [1888 : III

121. Special funds may be created with the approval of the Corporation.— With the

1[previous] approval of the corporation, any

2[* * *] portion of the municipal fund may,

3[* * *] from time to time, be credited to a separate heading in the municipal accounts, provided that there shall be credited and debited to such special heading such sums only as shall expressly relate to the objects for which a special fund is so created.

Disposal of Balances

4[122. Investment of surplus money.— (1) Surplus moneys at the credit of the municipal fund

which cannot immediately or at an early date be applied to the purposes of this Act or of any loan raised thereunder may be, from time to time, deposited at interest in

5[a Nationalised Bank]

6[or deposited with the State Government or with any statutory corporation approved by the State Government] or be invested in public securities

7[or in bonds or debentures of the Central Government, State Government, Government undertakings, Government Financial Institutions or Unit Trust of India.]

1. (2) All such surplus moneys which it is necessary to keep readily available for application to such purposes and all such surplus moneys which cannot in the opinion of the Municipal Commissioner, concurred in by the

8[Standing Committee], be favourably deposited or invested as aforesaid, may be

deposited at interest at any bank or banks in the city of Bombay which the

9[Standing Committee] may, subject to the control of the corporation, from time to time, select for the purpose.

1. (3) All such deposits and investments shall be made by the Commissioner on behalf of the corporation, with the sanction of the 10[Standing Committee], and, with the like sanction, the Commissioner may at any time withdraw any deposit so made or dispose of any securities and re-deposit, or re-invest the money so withdrawn, or the proceeds of the disposal of such securities; but no order for making any deposit or investment, withdrawal or disposal under this section shall have any validity unless the same be in writing, signed 11[by two persons] in the manner specified in sub-section
2. (1) of section 113, for signing of cheques.
3. (4) The loss, if any, arising from any such deposit or investment shall be debited to the municipal fund.] Accounts

123. Accounts to be kept in forms prescribed by

12[Standing Committee].—

13[Subject to the

provisions of Chapter XVI-A of this Act] accounts of the receipts and expenditure of the corporation

shall be kept in such manner and in such forms as the

14[Standing Committee] shall from time to time prescribe:

15[Provided that, the accounts of the Water and Sewage Fund and the Consolidated Water Supply and Sewage Disposal Loan Fund shall be maintained on the accrual basis, unless otherwise prescribed by the

16[Standing Committee].

17[123A. Separate pro-forma accounts to be kept by the Commissioner.— (1) There shall be

kept by the Commissioner under a separate heading in the municipal accounts, accounts of all the

The word “previous” was inserted by Bom. 19 of 1936, s. 9. Portion repealed by Bom. 3 of 1907, s. 19. Portion repealed by Bom. 3 of 1907, s. 19. This section was substituted for the original section 122 by Bom. I of 1894, s. 5. These words were substituted for the words “the Bank of Bombay” by Mah. 10 of 1998, s. 66(a). These words were inserted by Mah. 7 of 1986, s. 2. These words were added by Mah. 32 of 2011, s. 13 These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 52. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 52. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 52. These words were substituted for the words “by three persons” by Mah. 10 of 1998, s. 66(c)(ii). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 53. This portion was inserted by Bom. 48 of 1948, s. 25. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 52. This proviso was added by Mah. 34 of 1973, s. 10. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 53. New section 123A was inserted by Bom. 13 of 1933, s. 30.

1888 : III] The Mumbai Municipal Corporation Act 171

property vested or vesting in the corporation and of all receipts and expenditure of the corporation on accounts of the transfer to them of the powers, duties, assets and liabilities of the Board of Trustees constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925),

1[and of all property acquired by, and of all receipts and expenditure of, the Corporation for any of the purposes of Chapter XII-A].

1. (2) Such accounts shall be maintained so far as may be, in such manner and in such forms as the 2[Standing Committee] shall from time to time prescribe in accordance with the rules contained in Schedule BB.
2. (3) The Commissioner shall publish such accounts in the 3[Offlcial Gazette] every 4[*] year.] 123B. [Separate pro-forma accounts in respect of the suburbs to be kept.] Deleted by Mah. 1 of 1964, s. 4. 123BB. [Provisions of section 231-B to apply mutatis mutandis in respect of extended suburbs.] Deleted by Mah. 1 of 1964, s. 4. 5[123C. Accounts in respect of primary education.— (1) There shall be kept by the Commissioner under a separate heading in the municipal accounts, accounts of all receipts and expenditure of the corporation for, or in connection with, the purposes of clause (q) of section 61.
3. (2) Such accounts shall be maintained so far as may be, in such manner and in such forms as the 6[Education Committee] shall from time to time prescribe in accordance with the rules contained in Schedule BBA].

124. Preparation of annual administration report and statement of accounts.— (1)

8[The Commissioner] shall, as soon as may be, after each first day of April but not later than

9[thirty-first day of July]] have prepared a detailed report of the municipal administration of

10[Brihan Mumbai]

11[other than the administration of the

12[Brihan Mumbai Electric Supply and Transport Undertaking]] during the previous official year, together with a statement showing the amounts of the receipts and disbursement respectively credited and debited to the municipal fund during the said year and the balance at the credit of the fund at the close of the said year.

13[(2) The Commissioner shall incorporate with his said report and statement—

1. (a) a report for the same period from each head of a department subordinate to him;
2. (b) the account of balance due on loans then last published under section 105; and shall cause the same to be printed.

1. (3) After examination and review of the said printed report and statement by the Standing Committee, there shall be added to the compilation printed copies of such of the appendices attached to the reports of the several heads of departments, if any, as the Standing Committee direct and a printed copy of the Standing Committee’s review; and a copy of the complete compilation shall be forwarded to the usual or last known local place of abode of each Councillor at least eight days previous to the ordinary meeting of the Corporation in the next following month of January and copies thereof shall be delivered to any person requiring the same, on payment of such reasonable fee for each copy as the Commissioner, with the previous approval of the Standing Committee, shall determine.] These words were added by Bom. 34 of 1954, s. 6. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 54. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. The word “half” was omitted by Bom. 5 of 1938, s. 17. Section 123C was inserted by Bom. 48 of 1950, s. 54. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 55. These words were substituted for the words “The Commissioner shall, as soon as may be, after each first day of April” by Mah. 10 of 1998, s. 70(a). These words were substituted for the words “The Member-in-charge” by Mah. 27 of 1999, s. 56(a). These words were substituted for the words “thirtieth day of November” by Mah. 14 of 2008, s. 2. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Bom. 48 of 1948, s. 26. These words were substituted for the “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, Schedule. Sub-sections (2) and (3) were substituted by Mah. 27 of 1999, s. 56(b).

172 The Mumbai Municipal Corporation Act [1888 : III

Annual Budget Estimate

1[125. Estimate of expenditure and income to be prepared annually by the

2[Commissioner].—

3[The Commissioner] shall on or before each

4[fifth day of February,] have prepared and lay before

5[the Standing Committee, in such form as the said Committee] shall from time to time approve,

1. (1) (a) an estimate of the expenditure which must or should, in his opinion be incurred by the corporation in the next ensuing Official Year, other than— 6[* * * * * *]
   • (ii) expenditure to be incurred by reason of the obligations imposed on the corporation arising

out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of

Trustees for the improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)

7[or for any of the purposes of Chapter XII-A]; and

1. (iii) expenditure to be incurred on account of the 8[Brihan Mumbai Electric Supply and Transport Undertaking]; 9[(iv) expenditure to be incurred for the purposes of clause (q) of section 61;] 10[(v) expenditure to be incurred for the purposes of Chapters IX and X;]

1. (b) an estimate of the balances, if any (other than balances) shown in the 11[accounts maintained under sections 12[123A

13[* *] and 123C] ] which will be available for re-appropriation or expenditure

at the commencement of the next ensuing official year;

1. (c) an estimate of the corporation’s receipts and income for the next ensuing official year other than from taxation 14[and from the 15[Brihan Mumbai Electric Supply and Transport Undertaking] and other than that referred to

16[* * *] in clause (c) of sub-section (2)

17[and in clause (d) of section 126C]

18[and in section 126E];

19[(cc) an estimate of the amount due to be transferred during the next ensuing official year to the municipal fund under the provisions of sections 460KK and 460LL;]

1. (d) a statement of proposals as to the taxation which it will, in his opinion, be necessary or expedient to impose under the provisions of this Act in the next ensuing official year; 20[* * * * * *]

1. (2) (a) an estimate of the expenditure which must or should, in his opinion, be incurred by the corporation in the next ensuing official year by reason of the obligations imposed upon the corporation Section 125 was substituted for the original by Bom. 13 of 1933, s. 31. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 57(c). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 57(a). These words were substituted for the words “first day of March” by Mah. 21 of 1939, s. 21. These words were substituted for the words “the Mayor-in-Council, in such form as the said Council” by Mah. 27 of 1999, s. 57(b). Paragraph (i) was deleted by Mah. 1 of 1964, s. 5(a)(i). These words were inserted by Bom. 34 of 1954, s. 7(1). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Sub-clause (iv) was inserted by Bom. 48 of 1950, s. 55(1). Sub-clause (v) was inserted by Mah. 34 of 1973, s. 11(a). This portion was substituted for the portion “account maintained under section 123A” by Bom. 7 of 1950, s. 15(1)(b). These figures, word and letters were substituted for the figures, word and letters “123A and 123B” by Bom. 48 of 1950, s. 55 (2). The figures and letters “123-B, 123-BB” were deleted by Mah. 1 of 1964, s. 5(a)(ii). These words were inserted by Bom. 48 of 1948, s. 27. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. The portion “in clause (c) of sub-section (1A) and” was deleted by Mah. 1 of 1964, s. 5(a)(iii). This portion was inserted by Bom. 48 of 1950, s. 55(5). This portion was inserted by Mah. 34 of 1973, s. 11(b). This clause was inserted by Bom. 48 of 1948, s. 27. Clause (1A) was deleted by Mah. 1 of 1964, s. 5(b).

1888 : III] The Mumbai Municipal Corporation Act 173

arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925)

1[or for any of the purposes of Chapter XII-A];

1. (b) an estimate of all balances, if any in the account maintained under section 122A, which will be available for re-appropriation or expenditure at the commencement of the next ensuing official year;
2. (c) an estimate of the corporation’s receipts and income for the next ensuing official year—
   • (i) arising from sales, leases and other dispositions of immovable property vesting in the corporation by reason of the enactment of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933) 2[or acquired by the Corporation for any of the purposes of Chapter XII-A]; and
   • (ii) being payments of interest on and repayments in whole or part of the capital of loans granted by the corporation and secured on the aforesaid immovable property;
3. (d) an estimate of three times the amount of the net estimated realisations of the corporation in the then current financial year under the head of general tax (including arrears and payments in advance) divided by the rate fixed for general tax for the then current financial year; 3[* * * * * *] 4[Provided further that, with effect from the financial year 1974-75, this sub-clause shall have effect as if for the words “three-times” the word “twice” was substituted;] 5[(e) an estimate of the Corporation’s receipts and income, other than receipts and income referred to in other clauses of this sub-section arising from or relating to, transaction connected with the obligations imposed upon the Corporation by the transfer to the Corporation of the powers, duties, assets and liabilities of the said Board of Trustees or with the exercise of the powers and duties conferred or imposed upon the Corporation by Chapter XII-A including grants from the State Government.] 6[125A. Classification of budget heads.— The expenditure side of a budget estimate shall be classified under major heads, minor heads, subordinate heads and primary units—
4. (a) “Major head” means the principal head of accounts corresponding to the different services under which expenditure is classified in the budget estimate and may be divided into two or more minor heads;
5. (b) “Minor head” means the head of accounts immediately subordinate to a major head under which each major head is classified, and may be further sub-divided into two or more subordinate heads;
6. (c) “Subordinate head” means the head of accounts immediately subordinate to a minor head under which each minor head is classified and may be further sub-divided into two or more primary units;
7. (d) “Primary unit” means the ultimate group or groups into which individual items of expenditure in the budget estimates are arranged.]

7[126. Budget estimates to be prepared by the

8[Standing Committee].— (1) The

9[Standing Committee] shall, on or as soon as may be after each]

10[fifth day of February] consider the estimates and proposal of the

11[Commissioner] and after having obtained from the

12[Commissioner] such further detailed information, if any as they shall think fit to require, and having regard to all the requirements of

These words, figures and letter were inserted by Bom. 34 of 1954, s. 7(2)(a). These words, figures and letter were inserted by Bom. 34 of 1954, s. 7(2)(b). This proviso was deleted by Mah. 10 of 1998, s. 71(c). This proviso was deemed always to have been added with effect from 1 st day of April 1974 by Mah. 70 of 1975, s. 7(b). Sub-clause (e) was substituted for the original by Bom. 34 of 1953, s. 7(2)(c). This section was inserted by Bom. 5 of 1938, s. 18. Section 126 was substituted for the original section by Bom. 13 of 1933, s. 32. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 58(a). These words were substituted for the words “first day of March” by Mah. 21 of 1989, s. 22(a). This word was substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58(b). This word was substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58(b).

174 The Mumbai Municipal Corporation Act [1888 : III

this Act, shall frame therefrom subject to such modifications and additions therein or thereto as they shall think fit,

1[two budget estimates] as follows:—

2[(a) Budget Estimate “A”— of the income and expenditure other than—

1. (ii) income and expenditure to be received or incurred by reason of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 (Bom. XVI of 1925) 4[or for any of the other purposes of Chapter XX-A];

1. (iii) income and expenditure in respect of the 6[Brihan Mumbai Electric Supply and Transport Undertaking;] 7[(iv) income and expenditure for, or in connection with, the purposes of clause (q) of section 61;] 8[(v) income and expenditure for, or in connection with, the purposes of Chapters IX and X;]

1. (b) Budget Estimate “B” of the income and expenditure of the corporation for the next official

year to be received and incurred by reason of the transfer to the corporation of the said powers,

duties, assets and liabilities

9[or for any of the other purposes of Chapter XII-A];

10[* * * * * *]

1. (2) In budget estimate “A” the 11[Standing Committee] shall—
   • (a) propose with reference to the provisions of Chapter VIII, the levy of municipal taxes at such rates

12[* * *] as they shall think fit;

1. (b) provide for the payment, as they fall due, of all sums and of all instalments of principal and interest for which the corporation may be liable under this Act other than sums and instalments as aforesaid (i) for which the corporation but for the enactment of the City of Bombay Municipal (Amendment) Act, 1933 (Bom. XIII of 1933), would not have been liable and (ii) for which the corporation may be liable, in carrying out the duties imposed upon them by clause (i) of section 61 13[and (iii) for which the corporation may be liable by reason of the acquisition, extension, administration, operation and maintenance of the 14[Brihan Mumbai Electric Supply and Transport Undertaking ];] 15[* * * * * *] 16[(v) for which the corporation may be liable by reason of the construction of school buildings;] These words were substituted for the words “for budget estimates” by Mah. 1 of 1964, s. 6(a)(i). Clause (a) was substituted for the original by Bom. 7 of 1950, s. 16(1)(b). Sub-clause (i) was deleted by Mah. 1 of 1964, s. 6(a)(ii). These words were inserted by Bom. 34 of 1954, s. 8(1). The word “and” was deleted by Bom. 48 of 1950, s. 56(1). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Paragraph (iv) was inserted by Bom. 48 of 1950, s. 56(1). Paragraph (v) was inserted by Mah. 34 of 1973, s. 12. These words were inserted by Bom. 34 of 1954, s. 8(2). Clauses (b1) and (b2) were deleted by Mah. 1 of 1964, s. 6(a)(iii). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 58(a). The words “and, in the case of octroi on such articles” were deleted by Mah. 42 of 2017, s. 3, w.e.f. 1 st July 2017. This portion was added by Bom. 4 of 1948, s. 28. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Sub-clause (iv) was deleted by Mah. 1 of 1964, s. 6(b)(i). This portion was added by Bom. 48 of 1950, s. 56(2).

1888 : III] The Mumbai Municipal Corporation Act 175

1. (c) allow for an appropriation to budget estimates “B” of the sum estimated, revised as they shall think proper, under clause (d) of sub-section (2) of section 125; 1[* * * * * * *] 2[(c-2) allow for appropriation to budget estimate “E” of the sum estimated revised as they shall think proper, under clause (c) of section 126C 3[and such additional sum estimated under clause (c-1) of that section and revised, as they shall think proper ];]
2. (d) allow for a cash balance at the end of the said year of not less than one lakh of rupees.

1. (3) In budget estimate “B” the 4[Standing Committee] shall, if necessary, make proposals to meet any deficit in such budget estimate by borrowing: Provided that the 5[Standing Committee] shall not make any proposal to borrow for that purpose a sum of more than twenty lakhs of rupees. 6[* * * * * * *]
2. (4) The 7[Commissioner] shall cause the budget estimates, finally approved by the 8[Standing Committee], 9[to be printed or corrected, and shall not later than the 10[first day of March], forward a printed or corrected copy] thereof to the usual or last known local place of abode of each councillor.

11[126A. Estimates of expenditure and income of the

12[Brihan Mumbai Electric Supply and Transport Undertaking] to be prepared annually by

13[General Manager].—

14[The General

Manager shall, on or before each tenth day of October have prepared and lay before the Brihan Mumbai Electric Supply and Transport Committee, in such form as the Committee shall from time to time, approve]—

1. (a) an estimate, classified in accordance with section 125A, of the expenditure which must or should, in his opinion, be incurred by the corporation in the next ensuing official year on account of the 15[Brihan Mumbai Electric Supply and Transport Undertaking];
2. (b) an estimate of all balances, if any, which will be available for re-appropriation or expenditure at the commencement of the next ensuing official year, and an estimate of the amounts to be transferred to the municipal fund during the next ensuing financial year under sections 460KK and 460LL; and
3. (c) an estimate of the corporation’s receipts and income from the 16[Brihan Mumbai Electric Supply and Transport Undertaking] for the next ensuing official year. 126B. Budget estimate to be prepared 17[Brihan Mumbai Electric Supply and Trasport Committee].— (1) 18[The Brihan Mumbai Electric Supply and Transport Committee] shall, on or as Clause (c-1) was deleted by Mah. 1 of 1964, s. 6(b)(ii). Clause (c-2) was inserted by Bom. 48 of 1950, s. 56(2). This portion was added by Bom. 13 of 1958, s. 3. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 58(a). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 58(a). Sub-sections (3A) and (3B) were deleted by Mah. 1 of 1964, s. 6(c). This word was substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 58. These words were substituted for the words “Mayor-in-Council”, by Mah. 27 of 1999. This portion was substituted for the portion beginning with “to be printed” and ending with “a printed copy” by Mah. 70 of 1975, s. 8(b). These words were substituted for the words “fifteenth day of March” by Mah. 21 of 1989, s. 22(b). Sections 126A and 126B were inserted by Bom. 48 of 1948, s. 29. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 59(b). These words were substituted for the portion beginning with the words “The Member-in-charge shall” and ending with the words “time to time approve” by Mah. 27 of 1999, s. 59(a). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 60(a)(i). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 60(a)(i).

176 The Mumbai Municipal Corporation Act [1888 : III

soon as may be after each tenth day of October, consider the estimates of

1[the General Manager and, after having obtained from the General Manager] such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom, subject to such modifications and additions therein or thereto as it shall think fit, a budget estimate, to be called budget estimate “C”, of the income and expenditure for the next official year to be received and incurred in respect of the

2[Brihan Mumbai Electric Supply and Transport Undertaking].

1. (2) In budget estimate “C” 3[the Committee] shall— 4[(i-a) propose, subject to the provisions of the Motor Vehicles Act, 1939 (IV of 1939), the Electricity (Supply) Act, 1948 (LIV of 1948), and any other enactment for the time being in force and of any licence granted to the Corporation thereunder the levy of fares and charges for the conveyance of passengers and for the carriage of goods by any means of transport provided, and for charges for the supply of electrical energy, by the 5[Brihan Mumbai Electric Supply and Transport Undertaking] at such rates as would in the opinion of 6[the Member-in-charge] bring in adequate revenue for meeting the proposed expenditure and for complying with the provisions of the next succeeding clauses of this sub-section;]
   • (a) provide for the payment, as they fall due, of all sums and of all installments of principal and interest for which the corporation may be liable under this Act by reason of the acquisition, extension, administration, operation and maintenance of the 7[Brihan Mumbai Electric Supply and Transport Undertaking];
   • (b) allow for the amounts to be transferred during the next ensuing official year to the municipal fund as provided in sections 460KK and 460LL; and
   • (c) allow for a cash balance at the end of the said year of not less than one lakh of rupees. 8[(3) The General Manager shall lay budget estimate ‘C’ as framed by the Brihan Mumbai Electric Supply and Transport Committee before the Standing Committee on or before each first day of December and the Standing Committee shall prepare a report to the Corporation thereon, incorporating the remarks and recommendations, if any, of the Standing Committee.
2. (4) The Municipal Secretary shall cause budget estimate ‘C’ and the report of the Standing Committee thereon to be printed and shall, not later than the 31 st day of December, forward a printed copy thereof to the usual or last known local place of abode of each councillor.]

9[126C. Estimates of expenditure and receipts of primary education.—

10[The Commissioner] shall on or before each

11[fifth day of February] have prepared and lay before

12[the Education Committee in such form as the Committee] shall from time to time approve,—

1. (a) an estimate, classified in accordance with section 125A of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year for the purposes of clause (q) of section 61;
2. (b) an estimate of all balances, if any, which will be available for re-appropriation of expenditure for the purposes of clause (q) of section 61 at the commencement of the next official year; These words were substituted for the words “Member-in-charge” of the Brihan Mumbai Electric Supply and Transport Undertaking and after having obtained from the said Member-in-charge” by Mah. 27 of 1999, s. 60(a)(ii). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 60(b). Clause (i-a) was inserted by Mah. 32 of 1966, s. 3. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “the Committee” by Mah. 10 of 1998, s. 74(b). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Sub-sections (3) and (4) were inserted by Mah. 27 of 1999, s. 60(c). Sections 126C and 126D were inserted by Bom. 48 of 1950, s. 57. These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 61(a). These words were substituted for the words “first day of March” by Mah. 21 of 1989, s. 23. These words were substituted for the words “the Mayor-in-Council in such form as the Council” by Mah. 27 of 1999, s. 61(b).

1888 : III] The Mumbai Municipal Corporation Act 177

1. (c) an estimate of five time the amount of the net estimated realisations of the Corporation in the then current financial year under the head of general tax (including arrears and payments in advance) divided by the rate fixed for general tax for the current financial year ; 1[(c-1) an estimate of the amount, if any, which should, in his opinion, be utilised by the Corporation, for the purposes of clause (q) of section 61, out of its receipts and income referred to in clause (1) of section 125, in addition to the amount referred to in clause (c) ;]
2. (d) an estimate of the receipts of the Corporation for or in connection with the purposes of clause (q) of section 61 other than those referred to in 2[clauses (c) and (c-1)]. 126D. Budget estimate “E” to be prepared by

3[Educational Committee].— (1) The

4[Education Committee] shall on or as soon as may be after each

5[fifth day of February] consider the estimates of

6[the Commissioner] and after having obtained

7[from the Commissioner] such further information, if any, as they shall think fit to require and having regard to all the requirements of this Act, shall frame therefrom, subject to such modifications and additions therein or thereto as they think fit, a budget estimate to be called budget estimate “E” of the income and expenditure to be received and incurred for purposes of clause (q) of section 61.

1. (2) In budget estimate “E” 8[the Education Committee] shall—
   • (a) provide for payment as they fall due of all sums and of all instalments of principal and

interest for which the Corporation may be liable under this Act by reason of the construction of

school buildings, and

1. (b) allow for a cash balance at the end of the said year of not less than twenty thousand rupees. 9[(3) The Education Committee shall forward the budget estimate ‘E’ as framed by them to the Standing Committee on or before each first day of March and the Standing Committee shall prepare a report to the Corporation thereon incorporating the remarks and recommendations, if any, of the Standing Committee.] (4)

abode of each Councillor in time for the meeting of the Corporation mentioned in section 127].

11[126E. Estimate expenditure and receipts for the purposes of Chapters IX and X.—

12[The Commissioner] shall on or before

13[fifth day of February] have prepared and lay before

14[the Standing Committee in such form as the Committee] shall from time to time approve,—

1. (a) an estimate, classified in accordance with section 125A, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year for the purposes of Chapters IX and X;
2. (b) an estimate of all balance, if any, which will be available for re-appropriation or expenditure for the said purposes at the commencement of the next official year; This clause was inserted by Bom. 13 of 1958, s. 4(1). These words, brackets, letters and figure were substituted for the words “the preceding clause” by Bom. 13 of 1958, s. 4(2). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 62(a)(i). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 62(a)(i). These words were substituted for the words “first day of March” by Mah. 21 of 1989, 24(a). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, 62(a)(ii). These words were substituted for the words “from him” by Mah. 27 of 1999, s. 62(a)(iii). These words were substituted for the words “The Mayor-in-Council” by Mah. 27 of 1999, s. 62(b). Sub-section (3) was inserted by Mah. 27 of 1990, s. 62(c). These words were substituted for the words “The Member-in-charge shall forward in printed or corrected copy of budget estimate “E” by Mah. 27 of 1999, s. 62(d). Sections 126E and 126F were inserted by Mah. 34 of 1973, s. 13. These words were substituted for the words “The Member-in-charge” by Mah. 27 of 1999, s. 63(a). These words substituted for the words “first day of March” by Mah. 21 of 1989, s. 25.

These words were substituted for the words “the Mayor-in-Council in such form as the Council” by Mah. 27 of 1999,

s. 63(b).

178 The Mumbai Municipal Corporation Act [1888 : III

1. (c) an estimate of the Corporation’s receipts and expenditure for the next official year from the services under Chapters IX and X.

126F. Budget Estimate “G” to be prepared by

1[Standing Committee].— (1) The

2[Standing Committee] shall on or as soon as may be after the

3[fifth day of February,] consider the said estimates of

4[the Commissioner]. After having obtained from

5[the Commissioner] such further information if any as it shall think fit to seek, and having regard to all the requirements of this Act,

6[Standing Committee] shall frame therefrom, subject to such modification and additions therein or thereto as it thinks fit a budget estimate to be called budget estimate “G” of the income and expenditure for the next year to be received and incurred for the purposes of Chapters IX and X.

1. (2) In budget estimate “G” 7[the Committee] shall propose the levy of water tax, water benefit tax, sewerage tax and sewerage benefit tax (in place of former water and halalkhor taxes) at such rates, as would in the opinion of 8[the Committee] bring in a adequate revenue for meeting the expenditure and all other obligation or which the Corporation may be liable for the purposes of Chapters IX and X.
2. (3) The 9[Municipal Secretary] shall cause the budget estimate “G” as finally approved by 10[the Standing Committee] 11[to be printed or corrected and shall, not later than the 12[first day of March] forward a printed or corrected copy] thereof to the usual or last known local place of abode of each Councillor.]

13[126G. Report on services provided in a subsidised manner.— (1) Notwithstanding anything

contained in this Chapter

14[the Commissioner or as the case may be, the General Manager shall while submitting the budget estimates to the Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee] append thereto a report indicating whether the following services are being provided in a subsidised manner and, if so, the extent of subsidy, the source from which the subsidy was met and the sections or categories of the local population who were the beneficiaries of such supply, namely:—

1. (a) water supply and disposal of sewerage,
2. (b) scavenging, transporting and disposal of wastes,
3. (c) municipal transport, and
4. (d) street lighting. Explanation.— A service shall be construed as being provided in a subsidised manner if its total cost, comprising the expenditure on operations and maintenance and adequate provision for depreciation of assets and for debt servicing, exceeds the income relatable to the rendering of that service. 15[(2) The Standing Committee or, as the case may be the Brihan Mumbai Electric Supply and Transport Committee, shall examine the report and place it before the Corporation, with its recommendations, if any] ]. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 64(a)(i). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 64(a)(i). These words were substituted for the words “first day of March” by Mah. 21 of 1989, s. 26(a). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 64(a)(ii). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 64(a)(ii). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 64(a)(i). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 64(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 64(b). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 64(c)(i). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 64(c)(ii). This portion was substituted for the portion beginning with “to be printed” and ending with “printed copy” by Mah. 70 of 1975, s.12(b). These words were substituted for the words “fifteen day of March” by Mah. 21 of 1989, s. 26(b). This section was inserted by Mah. 41 of 1994, s. 40. These words were substituted for the words “the Member-in-charge shall, while submitting the budget estimate to the Mayor-in-Council” by Mah. 27 of 1999, s. 65(a). Sub-section (2) was substituted by Mah. 27 of 1999, s. 65(b).

1888 : III] The Mumbai Municipal Corporation Act 179

127. Consideration of budget estimates by Corporation.—

1[(1) At a meeting of the Corporation which shall be called for some day

2[in March],

3[not later than the tenth]

4[Budget Estimates ‘A’, ‘B’ and ‘C’ prepared by the Standing Committee as also the Budget Estimates ‘E’ prepared by the Education Committee with the report of the Standing Committee thereon] shall be laid before the Corporation and they shall proceed to consider the same.

5[(2) At meeting of the Corporation which shall be called for some day in January not later than the tenth, the budget estimate ‘C’ prepared by the

6[the Brihan Mumbai Electric Supply and Transport

Committee with the report of the Standing Committee thereon] shall be laid before the Corporation and they shall proceed to consider the same.]]

7[128. Fixing rates of municipal taxes and of fares and charges of

8[Brihan Mumbai

Electric Supply and Transport Undertaking].— (1) The Corporation shall, on or before the

9[twentieth day of March] after considering the

10[Standing Committee’s] proposals in this behalf,—

1. (a) determine, subject to the limitations and conditions prescribed in Chapter VIII, the rates at which municipal taxes shall be levied,

11[* *] in the next ensuing

12[official year:]

13[Provided that, the Corporation may determine different rates of property taxes for different categories of users of a building or land or part thereof; and]

1. (b) approve, subject to the limitations and conditions which may have been prescribed by or under any of the enactments or any licence referred to in clause (i-a) of sub-section (2) of section 126B, the rates at which the fares and charges in respect of the 14[Brihan Mumbai Electric Supply and Transport Undertaking] shall be levied.

1. (2) Except under sections 134, 196, 460H and 460I, the rates so fixed and the articles so appointed shall not be subsequently altered for the year for which they have been fixed.] 15[(3) Notwithstanding anything contained in sub-sections (1) and (2), the Corporation may, 16[at any time during the official years 2010-2011, 2011-2012 and 2012-2013] determine, separately for each of the said 17[three years], the rates of property taxes for different categories of users of a building or land or part thereof. The rates of property taxes so determined shall be effective and shall be deemed to have been effective from the 1 st of April of those

18[three years] and the taxes for the said

19[three years] shall be leviable and payable at the rates so determined.]

20[129. Final adoption of Budget estimates.— Subject to the requirements of sub-section (1) of

section 128, the Corporation may refer

21[Budget Estimate ‘A’ or Budget Estimate ‘B’ or Budget

Section 127 was renumbered as sub-section (1) and sub-section (2) was inserted by Mah. 70 of 1975, s. 13(1). These words were substituted for the words “in January, not later than the tenth” by Mah. 70 of 1975, s.13(2). These words were substituted for the words “first later than the twentieth” by Mah. 21 1989, s. 29. These words were substituted by Mah. 27 of 1999, s. 66(a). Section 127 was renumbered as sub-section (1) and sub-section (2) was inserted by Mah. 70 of 1975, s. 13(1). These words were substituted by Mah. 27 of 1999, s. 66(b). Section 128 was substituted for the original by Mah. 32 of 1966, s. 4. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “twenty fifth day of March” by Mah. 21 of 1989, s. 21. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 67. The words “and the articles on which octroi shall be levied,” were deleted by Mah. 42 of 2017, s. 4, w.e.f. 1 st July 2017. These words were substituted for the words “official year; and” by Mah. 27 of 2010, s. 2(1)(a). This proviso was added by Mah. 27 of 2010, s. 2 (1)(b). These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Sub-section (3) was substituted by Mah. 11 of 2011, s. 2. These words and figures were substituted for the words and figures “at any time during the financial years 2010-2011, 2011-2012 and 2012-2013” by Mah. 6 of 2012, s. 2(i). These words and figures were substituted for the words “two years” by Mah. 6 of 2012, s. 2(ii). These words and figures were substituted for the words “two years” by Mah. 6 of 2012, s. 2(ii). These words and figures were substituted for the words “two years” by Mah. 6 of 2012, s. 2(ii). This section was substituted for the original by Bom. 48 of 1948, s. 31. This portion was substituted by Mah. 27 of 1999, s. 68.

180 The Mumbai Municipal Corporation Act [1888 : III

Estimate ‘E’ or all or any of those estimates back to the Standing Committee and Budget Estimate ‘C’ back to the Brihan Mumbai Electric Supply and Transport Committee and Budget Estimate ‘E’ back to the Education Committee] for further consideration, or adopt the budget estimate, or any revised budget estimates submitted to them as they stand or subject to such alteration as they deem expedient: Provided that the budget estimates finally adopted by the corporation shall fully provide for each of the matters specified in clauses (b), (c) and (d) of sub-section (2)

1[of section 126] and for each of the matters specified in sub-section (3) of section 126B

2[ and clauses (a) and (b) of sub-section (2) of section 126D]

3[and sub-section (2) of section 126F], as the case may be.]

4[129A. Estimates of expenditure and income deemed to be budget estimates.— 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

5[and estimate prepared by the General Manager under section 126A] 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.]

6[130. Budget grant defined.— The total sum entered under a major head on the expenditure side,

which has been adopted by the Corporation, shall be termed as “budget grant”.]

131. Corporation may increase amount of budget grants and make additional grants.—

7[(1) On the recommendation of the

8[Standing Committee in case of expenditure from the municipal fund for purposes other than clause (q) of section 61 and the Brihan Mumbai Electric Supply and Transport Committee in case of expenditure from the

9[Brihan Mumbai Electric Supply and Transport Fund] the Corporation may] from time to time during an official year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year shall be reduced below one lakh of rupees in the case of either the municipal fund or the

10[Brihan Mumbai Electric Supply and Transport Fund:]

11[* * * * *]

12[

13[Provided that], in the case of expenditure from municipal fund for purposes of clause (q) of section 61, the estimated cash balance at the close of the year in the budget estimate ‘E’ shall not be reduced below twenty thousand rupees.]

1. (2) Such increased or additional budget grants shall be deemed to be included in the 14[budget estimates] adopted by the Corporation for the year in which they are made. 132. Rules as to unexpended budget grants.— 15[If the whole budget grant or any portion thereof] remains unexpended at the close of the year in the 16[budget estimates] for which such grant was included and if the amount thereof has not been taken into account in the opening balance of the These words and figures were substituted for the portion beginning with “and clauses (a) and (b) of sub-section (3A)” and ending with “said section 126” by Mah. 1 of 1964, s. 8 (b). This portion was inserted by Bom. 48 of 1950, s. 59(2). This portion was inserted by Mah. 34 of 1973, s. 15(b). This section was inserted by Mah. 32 of 2011, s. 14. These words, figures and letter were inserted by Mah. 6 of 2012, s. 3. This section was substituted for the original by Bom. 5 of 1938, s. 19. This sub-section was substituted for the original by Bom. 48 of 1948, s. 32. This portion was substituted by Mah. 27 of 1999, s. 69.

These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996,

s. 2, Schedule.

These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996,

s. 2, Schedule. The first proviso was deleted by Mah. 1 of 1964, s. 9(a). This proviso was added by Bom. 48 of 1950, s. 60(2). These words were substituted for the words “Provided further that” by Mah. 21 of 1964, s. 9(b). The words “budget estimates” were substituted by Bom. 13 of 1933, s. 33. These words were substituted for the original by Bom. 76 of 1948, s.17. The words “Budget estimates” were substituted for the original by Bom. 13 of 1933, s. 33.

1888 : III] The Mumbai Municipal Corporation Act 181

municipal fund

1[or the

2[Brihan Mumbai Electric Supply and Transport Fund, as the case may be], entered in the

3[budget estimates] of

4[any of the next two following years],

5[the Standing Committee or the Education Committee or the Brihan Mumbai Electric Supply and Transport Committee, as the case may be] may sanction the

6[expenditure of such budget grant or such unexpended portion thereof, as the case may be, during the next two following years], for the completion, according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.

7[133. Reduction and transfer.— Reductions in, and transfers from a budget grant shall be made as under :—

1. (a) Subject to the provisions of sub-section (1) of section 131, on the recommendations of 8[the Standing Committee] the Corporation may, from time to time, during an official year, sanction the transfer of any amount exceeding 9[twenty lakh] rupees from one budget grant to another budget grant.
2. (b) The 10[Standing Committee] may at any time during an official year,—
   • (i) reduce the amount of a budget grant;
   • (ii) sanction the transfer of any amount, not exceeding fifteen thousand rupees, from one budget grant to another budget grant; 11[* * * * *] 12[(c) The Commissioner may, at any time during an official year sanction the transfer of any amount not exceeding five thousand rupees within a budget grant if such transfer does not involve a recurring liability: Provided that, every transfer of an amount exceeding one thousand rupees made under this clause shall be reported forthwith by the Commissioner to the Standing Committee and the Committee may pass with regard thereto such order as they may think fit, and it shall be incumbent on the Commissioner to give effect to such order.]
3. (d) When making any transfer under clauses (a), (b) or (c), due regard shall be had to all the requirements of this Act.
4. (e) If any such reduction as is referred to in sub-clause (i) of clause (b) is of an amount exceeding

13[five lakh rupees], the Corporation may pass with regard thereto such order as they

think fit ; and it shall be incumbent on

14[the Standing Committee] and the Commissioner to give effect to such order.

15[(f) in case of expenditure for the purposes of clause (q) of section 61 the provisions of this section shall apply as if for the words “Standing Commiittee” the words “Education Committee” had been substituted.]

16[(g) For the purposes of expenditure from the Brihan Mumbai Electric Supply and Transport Fund, the provisions of this section shall apply as if for the words “Standing Committee” and

These words were inserted by Bom. 43 of 1948, s. 33.

These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996,

s. 2, Schedule. The words “Budget estimates” were substituted for the original by Bom. 13 of 1933, s. 33. These words were substituted for the original by Bom. 76 of 1948, s. 17. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 70. These words were inserted by Bom. 48 of 1950, s. 61. Section 133 was substituted by Mah. 39 of 1961, s. 10. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 71(a). These words were substituted for the words “fifteen thousand” by Mah. 10 of 1998, s. 85(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 71(a). This clause was deleted by Mah. 10 of 1998, s. 85(c). This clause was substituted by Mah. 27 of 1999, s. 71(b). These words were substituted for the words “five hundred rupees” by Mah. 10 of 1998, s. 85(e). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 71(a). Clause (f) was inserted by Mah. 27 of 1999, s. 71(c). Clause (g) was substituted by Mah. 27 of 1999, s. 71(d).

“General Manager” respectively, had been substituted.]

1[134. Re-adjustment of income and expenditure to be made by the corporation during course

of official year whenever necessary.— (1) If it shall at any time during any official year appear to the Corporation, upon the representation of

2[the Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee, that notwithstanding any reduction of budget grants that may have been made by the appropriate committee] under section 133, the income of the municipal fund or the

3[Brihan Mumbai Electric Supply and Transport Fund], as the case may be, during the said year will not suffice to meet the expenditure sanctioned in the budget estimates of the said year as so reduced and to leave at the close of the year a cash balance of not less than one lakh of rupees in the case of either the municipal fund or the

4[Brihan Mumbai Electric Supply and Transport Fund], it shall be incumbent on the Corporation to sanction forthwith any measure which shall be necessary for proportioning the year income to the expenditure.

1. (2) For this purpose the Corporation may diminish the sanctioned expenditure of the year, so far as it may be possible so to do with due regard to the provision of this Act or to the obligation pertaining to the 6[Brihan Mumbai Electric Supply and Transport Undertaking, or have recourse to supplementary taxation or a revision of fares and charges levied in respect of the Bombay Electric Supply and Transport Undertaking], as the case may be 7[or, with the previous sanction of the State Government and subject to such terms and conditions (if any) as the Corporation may deem fit to impose, transfer the whole or any portion of surplus cash balance from any budget-estimate to any other budget-estimate as an additional grant to make good any deficit which has arisen or is likely to arise in the latter budget- estimate, whether covered by a budget grant or not]. Scrutiny and Audit of Accounts

135. Monthly scrutiny of accounts by municipal chief auditor and scrutiny of account by the

8[Standing Committee.].—

9[(1) The Municipal Chief Auditor shall conduct the monthly examination and audit of the municipal accounts and shall report thereon to the Standing Committee who shall publish monthly an abstract of the receipts and expenditure of the month last preceding, signed by not less than two members of the said Committee and by the Municipal Chief Auditor. The Standing Committee may also from time to time and for such period as they think fit conduct independently an examination and audit of the Municipal Accounts.]

1. (2) For these purposes 10[the Standing Committee] and the municipal chief auditor shall have access to all the municipal accounts and to all records and correspondence relating thereto, and the 11[Commissioner] shall forthwith furnish to 12[the Standing Committee] or the municipal chief auditor any explanation concerning receipts and disbursements which they may call for. 13[136. Duties and powers of the municipal chief auditor.— The municipal chief auditor in addition to any other duties or powers imposed or conferred upon him under this Act shall perform the duties and may exercise the powers specified in Schedule EE]. This section was substituted for the original by Bom. 48 of 1948, s. 35. This portion was substituted by Mah. 27 of 1999, s. 72.

These words were substituted for the words “the Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996,

s. 2, Schedule. These words were substituted for the words “the Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, s. 2, Schedule. The proviso was deleted by Mah. 1 of 1994, s. 10. These words were substituted for the words “the Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were added by Mah. 32 of 1966, s. 5. These words were substituted for the words “Municipal Account Committee” by Mah. 27 of 1999, s. 73(c). Sub-section (1) was substituted by Mah. 27 of 1999, s. 73(a). These words were substituted for the words “Municipal Accounts Committee” by Mah. 27 of 1999, s. 73(b)(i). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 73(b)(ii). These words were substituted for the words “Municipal Accounts Committee” by Mah. 27 of 1999, s. 73(b)(i). Sections 136 and 137 were substituted for the original by Bom. 2 of 1938, s. 7.

1888 : III] The Mumbai Municipal Corporation Act 183

137. Report by the municipal chief auditor.— (1) The municipal chief auditor shall—

1. (a) report to 1[the Standing Committee] any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the corporation or in the municipal accounts;
2. (b) furnish to 2[the Standing Committee] such information as the said committee shall from time to time require concerning the progress of the audit.

1. (2) The 3[Standing Committee] shall cause to be laid before the corporation every report made by the municipal chief auditor to the 4[Standing Committee] and every statement of the views of the municipal chief auditor on any matter affecting the pursuance and exercise of the duties and powers assigned to him under this Act which the municipal chief auditor may require the 5[Standing Committee] to place before the corporation, together with a report stating what orders have been passed by the 6[Standing Committee] upon such report or statement, and the corporation may take such action in regard to the matters aforesaid as the corporation may deem necessary.
2. (3) As soon as may be after the commencement of each official year the municipal chief auditor shall deliver to the 7[Standing Committee] a report upon the whole of the municipal accounts for the previous official year.
3. (4) The 8[Commissioner] shall cause the said report to be printed and forward a printed copy thereof alongwith the printed copy of the Administration Report and Statement of Accounts which he is required by sub-section (3) of section 124 to forward to each councillor.]

9[137A. Application of sections 135, 136 and 137 to accounts of the

10[Brihan Mumbai Electric Supply and Transport Fund.].— Sections 135, 136 and 137 shall apply to the accounts of the

11[Brihan Mumbai Electric Supply and Transport Fund] as if—

12[(i) for the words “Standing Committee”, wherever they occur, the words “Brihan Mumbai Electric Supply and Transport Committee” and for the word “Commissioner”, wherever it occurs, the words “General Manager” had been substituted; and]

1. (ii) for the words, brackets and figures, “sub-section (3) of section 124 in sub-section (4) of section 137, the words, brackets, figures and letters “sub-section (2) of section 460NN” had been substituted.]

138. A special audit be directed by

13[State] Government.—

14[(1) The

15[State] Government may at any time appoint an auditor for the purpose of making a special audit of the municipal accounts, including the accounts of the

16[Brihan Mumbai Electric Supply and Transport Undertaking], and of reporting thereon to the

17[State] Government and the costs of any such audit as determined by the

1[State]

These words were substituted for the words “the Mayor-in-Council and the Municipal Accounts Committee” by Mah. 27 of 1999, s. 74(a)(i) and (c). These words were substituted for the words “the Mayor-in-Council and the Municipal Accounts Committee” by Mah. 27 of 1999, s. 74(a)(i) and (c). These words were substituted for the words “the Municipal Accounts Committee” by Mah. 27 of 1999, s. 74(a)(ii) and (b). These words were substituted for the words “the Municipal Accounts Committee” by Mah. 27 of 1999, s. 74(a)(ii) and (b). These words were substituted for the words “the Municipal Accounts Committee” by Mah. 27 of 1999, s. 74(a)(ii) and (b). These words were substituted for the words “the Municipal Accounts Committee” by Mah. 27 of 1999, s. 74(a)(ii) and (b). These words were substituted for the words “the Mayor-in-Council and the Municipal Accounts Committee” by Mah. 27 of 1999, s. 74(c). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 74(d). This section was inserted by Bom. 4 of 1948, s. 36. These words were substituted for the words “the Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “the Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, s. 2, Schedule. This clause was inserted by Mah. 27 of 1999, s. 75. This word was substituted for the word “Provincial” by Adaption of Laws Order, 1950. This sub-section was substituted for the original by Bom. 48 of 1948, s. 37. This word was substituted for the word “Provincial” by Adaption of Laws Order, 1950. These words were substituted for the words “the Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, s. 2, Schedule. This word was substituted for the word “Provincial” by Adaption of Laws Order, 1950.

184 The Mumbai Municipal Corporation Act [1888 : III

1[State] Government shall be chargeable to the municipal fund or to the

2[Brihan Mumbai Electric Supply and Transport Fund], as the case may be.]

1. (2) An auditor so appointed may exercise any power which 3[the municipal chief auditor] may exercise.

Municipal Taxes defined 139. Taxes to be imposed under this Act.— For the purpose of this Act, taxations shall be imposed as follows, namely :—

1. (1) property taxes;
2. (2) a tax on 4[dogs]; 5[(3) a theatre tax;]

6[* * *]; and

8[* * * * *] PROPERTY TAXES

9[Property taxes leviable on rateable value or capital value]

10[139A. Property Taxes what to consist.— (1) Property taxes leviable on buildings and lands

in Brihan Mumbai under this Act shall include water tax, water benefit tax, sewerage tax, sewerage benefit tax, general tax, education cess, street tax and betterment charges.

1. (2) For the purposes of levy of property taxes, the expression “Building” includes a flat, a gala, a unit or any portion of the Building 11[and building or land used for administrative or any such purposes, by the Maharashtra State Electricity Distribution Company Limited and its franchisees as defined in

clause (27) of section 2 of the Electricity Act, 2003 (36 of 2003) or the Maharashtra State Electricity

Transmission Company Limited but does not include buildings or lands used only for electricity distribution infrastructure such as electrical transformers, any electrical equipment, overhead and underground cables or such similar equipment created or maintained by the Maharashtra State Electricity Distribution Company Limited and such franchisees or the Maharashtra State Electricity Transmission Company Limited].

1. (3) All or any of the property taxes may be imposed on a graduated scale.
2. (4) Save as otherwise provided in this Act, it shall be lawful for the Corporation to levy all property taxes on the rateable value of buildings and lands until the Corporation adopts levy of any or all the property taxes on such buildings and lands on the capital value thereof under section 140A.] This word was substituted for the word “Provincial” by Adaption of Laws Order, 1950. These words were substituted for the words “the Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “and auditor appointed by the Corporation” by Bom. 2 of 1938, s. 8. This word was substituted for the words “Vehicles and Animals” and proviso was deleted by Mah. 11 of 2002, s. 10. This entry was inserted by Bom. 44 of 1950, s. 63. The figure and words repealed by Bom. 7 of 1921, s. 4, are omitted and the repeal shall have effect from 1 st April 1920. This entry was deleted by Mah. 42 of 2017, s. 5, w.e.f. 1 st July 2017. This word was substituted for the words “Vehicles and Animals” and proviso was deleted by Mah. 11 of 2002, s. 10. This sub-title was substituted for the sub-title “Property Taxes Leviable” by Mah. 11 of 2009, s. 2. Section 139A was inserted by Mah. 11 of 2009, s. 3. These words, brackets and figures were added by Mah. 18 of 2019, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 185

140.

1[Property taxes leviable on rateable value, or capital value, as the case may be, and at what rate.].—

3[The following property taxes shall be levied on building and lands in Brihan Mumbai, namely]:—

4[(a) (i) the water tax of so many per centum of their rateable value,

5[or their capital value, as the case may be,] as the

6[Standing Committee] may consider necessary for providing water supply;

1. (ii) an additional water tax which shall be called ‘the water benefit tax’ of so many per centum of their rateable value, 7[or their capital value, as the case may be,] as the 8[Standing Committee] may consider necessary for meeting the whole or part of the expenditure incurred or to be incurred on capital works for making and improving the facilities of water-supply and for maintaining and operating such works;

1. (b) (i) the sewerage tax of so many per centum of their rateable value, 9[or their capital value, as the case may be,] as the 10[Standing Committee] may consider necessary for collection, removal and disposal of human waste and other wastes;
   • (ii) an additional sewerage tax which shall be called the “sewerage benefit tax” of so many per centum of their rateable value, 11[or their capital value, as the case may be,] as the 12[Standing Committee] may consider necessary for meeting the whole or a part of the expenditure incurred or likely to be incurred on capital work for making and improving facilities for the collection, removal and disposal of human waste and other wastes and for maintaining and operating such works;]
2. (c) General tax.— a general tax of not less than eight and not more than 13[fifty] per centum

of their rateable value,

14[or of not less than 0.1 and not more than 1 per centum of their capital value, as the case may be,] together with not less than one-eight and

15[not more than five per centum] of their rateable value

16[or not less than 0.01 and not more than 0. 2 per centum of their capital value, as the case may be,] added thereto in order to provide for the expense necessary for fulfilling the duties of the corporation arising under clause (k) of section 61 and Chapter XIV:

17[* * *]

18[(ca) Education cess.—the education cess leviable under section 195E;]

19[(cb) the street tax leviable under section 195G;]

20[(d) betterment charges leviable under Chapter XII-A.]

21[* * * *]

This marginal note was substituted for the original by Mah. 11 of 2009, s. 4(1). Section 140 was re-numbered as sub-section (1) and clauses (a) and (b) were substituted by Mah. 34 of 1973, s. 16(1). These words were substituted for the portion beginning with the words “The following” and ending with the word “namely” by Mah. 11 of 2009, s. 4(2)(a). Section 140 was re-numbered as sub-section (1) and clauses (a) and (b) were substituted by Mah. 34 of 1973, s. 16(1). These words were inserted by Mah. 11 of 2009, s. 4(2)(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 76. These words were inserted by Mah. 11 of 2009, s. 4(2)(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 76. These words were inserted by Mah. 11 of 2009, s. 4(2)(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 76. These words were inserted by Mah. 11 of 2009, s. 4(2)(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 76. This word was substituted for the words “twenty-six” by Mah. 20 of 1995, s. 2(a). These words were inserted by Mah. 11 of 2009, s. 4(2)(c)(i). These words were inserted by Mah. 11 of 2009, s. 4(2)(c)(i). These words were inserted by Mah. 11 of 2009, s. 4(2)(c)(ii). This proviso and Explanation were deleted and shall be deemed to have been deleted with effect from the 1 st January 2022, by Mah. 25 of 2022, s. 2(a). This clause was inserted by Bom. 13 of 1958, s. 5. Clause (cb) was inserted by Mah. 33 of 1989, s. 9. This clause was added by Bom. 34 of 1954, s. 9. The Explanation was deleted by Mah. 11 of 2009, s. 4(2)(d).

186 The Mumbai Municipal Corporation Act [1888 : III

1[(1A) Notwithstanding anything contained in this section or any other provisions of the Act, from the 1 st January 2022, the Corporation shall not levy any tax component of property tax specified in sub- section (1) of section 139A, on the residential buildings or residential tenements, having carpet area of 46.45 sq. meter (500 sq. feet) or less.

2[(2) Any reference in this Act or in any instrument to a water tax or a halalkhor tax shall after the commencement of the Bombay Municipal Corporation (Amendment) Ordinance, 1973 (Mah. Ord. III of 1973), be construed as a reference to the water tax or the water benefit tax or both or the sewerage tax or the sewerage benefit tax, or both as the context may require;]

4[140A. Property taxes to be levied on capital value and the rate thereof.—

5[(1)] Notwithstanding anything contained in section 140 or any other provision of this Act, the Corporation may pass a resolution to adopt levy of property tax on buildings and lands in Brihan Mumbai on the basis of capital value of the buildings and lands on and from such date, and at such rates, as the Corporation may determine in accordance with the provisions of section 128: Provided that, for the period of five years from the date on and from which such property tax is levied on capital value, the tax shall not exceed,—

1. (i) in respect of building used for residential purposes, two times, and
2. (ii) in respect of building or land used for non-residential purposes, three times, the amount of the property tax leviable in respect thereof in the year immediately preceding such date: 6[Provided further that, where the property taxes levied in respect of any residential or non- residential building or portion thereof were on the basis of annual letting value arrived at considering the leave and licence charges, by whatever name called, then for the purposes of the first proviso it shall be lawful for the Commissioner to ascertain such tax leviable during such immediately preceding year, as if such building or portion thereof were self-occupied and had been so entered in the assessment book:] Provided 7[also] that, the property tax levied on the basis of capital value of any building or land on revision made under sub-section (1C) of section 154 shall not in any case exceed 40 per centum of the amount of the property tax payable in the year immediately preceding the year of such revision: Provided also that, for the period of five years commencing from the year of adoption of capital value as the base, for levy of property tax under section 140A, the amount of property tax leviable in respect of a residential building or residential tenement, having carpet area of 46.45 sq. meter (500 sq. feet) or less, shall not exceed the amount of property tax levied and payable in the year immediately preceding the year of such adoption of capital value as the basis: 8[Provided also that, for a period of five years commencing on the 1 st April 2015, the amount of property tax leviable in respect of a residential building or residential tenement, having carpet area of 46.45 sq. meter (500 sq. feet) or less, shall not exceed the amount of property tax which is being levied and payable in respect of such residential building or tenement as on the 31 st March 2015:] 9[Provided also that, for the Financial Year 2019-20, the provisions of the preceding proviso shall apply as if the general tax leviable under clause (c) of sub-section (1) of section 140 do not form part of the property tax leviable under that section.] Explanation.— For the purposes of this section, after the Corporation adopts the Capital Value as the basis of levy of property tax, the property tax in respect of any taxable building shall be revised after This sub-section was inserted and shall be deemed to have been inserted with effect from the 1 st January 2022, of Mah. 25 of 2022, s. 2(b). Sub-section (2) was added by Mah. 34 of 1973, s. 16(2). The proviso was deleted by Mah. 11 of 2009, s. 4(2)(e). Section 140A was inserted by Mah. 11 of 2009, s. 5. Section 140A was re-numbered as sub-section (1) thereof and sub-sections (2) and (3) were added by Mah. 27 of 2010, s. 3. This proviso was inserted by Mah. 11 of 2011, s. 3(1)(a). This word was substituted for the word “further” by Mah. 11 of 2011, s. 3(1)(b). This proviso was inserted by Mah. 34 of 2015, s. 2. This proviso was added by Mah. 24 of 2019, s. 3.

1888 : III] The Mumbai Municipal Corporation Act 187

every five years and on each such revision, such amount of property tax, shall not in any case exceed forty per cent. of the amount of the property tax levied and payable in the year immediately preceding the year of the revision.]

2[(2) Notwithstanding anything contained in sub-section (4) of section 139A or any other provisions of this Act or Resolution, if any, passed by the Corporation for adopting the levy of property

tax on the basis of capital value but subject to the provisions of section 154A, buildings and lands in

respect of which the process of fixing capital value is in progress on the 26 th August 2010, being the date of coming into force of section 3 of the Maharashtra Municipal Corporations and Municipal Councils (Third Amendment) Act, 2010 (Mah. XXVII of 2010), until it is so fixed, the tax leviable and payable in respect of such buildings and lands shall provisionally be equal to the amount of tax leviable and payable in the preceding year, that is to say, for the year commencing on the first day of April 2009 and ending on the thirty-first day of March 2010 and such provisional tax shall be leviable and payable for each of the years

3[2010-2011, 2011-2012 and 2012-2013,] according to the provisional bills which may be issued separately for each such year; so, however, that on fixation of capital value of the respective buildings and lands, final bill of assessment of property taxes on the basis of capital value may then be issued for each such year as aforesaid. After such final assessment, if it is found that the assessee has paid excess amount, such excess shall, notwithstanding anything contained in section 179, be refunded within three months from the date of issuing the final bill, alongwith interest from such date as provided in the first proviso to sub-section (5) of section 217, or after obtaining the consent of the assesse, shall be adjusted towards payment of property tax due, if any, for the subsequent years; and if the amount of taxes on final assessment is more than the amount of tax already paid by the assesse, the difference shall be recovered from the assesse.]

4[(2A) Notwithstanding anything contained in sub-section (1) or (2) or any other provisions of this Act, the tax on buildings and lands, which are liable to be assessed for the first time on or after the st April 2010, shall provisionally be equal to the amount of tax, as if such buildings and lands are liable to be assessed in the year 2009-2010; and on ascertainment of the capital value of such buildings and lands, the corporation may issue a final bill in respect of the years for which they are liable to be assessed, on the basis of capital value thereof and accordingly it shall be the duty of the owner and occupier of such buildings and lands to pay such tax within the period specified in the final bill issued as aforesaid.]

1. (3) Notwithstanding anything contained in section 163 or 217 or any other provisions of this Act and having regard to the fact that the property tax bill has been issued in accordance with the provisions of sub-section (2), not being a final bill, such bill shall not be questioned before any forum; and no complaint or appeal shall lie against such bill merely on the ground that capital value in respect of the property which is subject matter of the bill is not yet fixed, or that the amount of tax leviable and payable at the rate of property tax determined by the Corporation is not yet finally ascertained, or on any other ground whatsoever.] 141. 5[Water taxes] on what premises to be levied.— 6[(1)] Subject to the provisions of section 169, the water tax shall be levied only in respect of premises—
   • (a) to which a private water-supply is furnished from or which are connected by means of communication-pipes with, any municipal water works; or
   • (b) which are situated in a portion of 7[Brihan Mumbai] in which the Commissioner has given public notice that sufficient water is available from municipal waterworks for furnishing a reasonable supply to all the premises in the said portion. Section 140A was re-numbered as sub-section (1) thereof and sub-sections (2) and (3) were added by Mah. 27 of 2010, s. 3. Sub-section (2) was substituted by Mah. 11 of 2011, s. 3(2).

These figures and word were substituted for the figures and word “2010-2011 and 2011-2012” by Mah. 6 of 2012, s.

3(a). This sub-section was inserted by Mah. 6 of 2012, s. 3(b). These words were substituted for the words “Water tax” by Mah. 34 of 1973, s. 17(2). Section 141 was re-numbered as sub-section (1) thereof and sub-section (2) was added by Mah. 34 of 1993, s. 17(1). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

188 The Mumbai Municipal Corporation Act [1888 : III

1[(2) Subject to the provisions of section 169, the water benefit tax shall be levied in respect of all premises situated in Brihan Mumbai, except the buildings and lands or parts thereof vesting in, or in the occupation of, any consul de carriers, whether called as a consul general, consul, vice-consul, consular agent, pro-consul or by any other name of a foreign State recognised as such by the Government of India, or of any members (not being citizens of India) of staff of such officials, and such buildings and lands or parts thereof which are used or intended to be used for any purpose other than for the purpose of profit.] 142.

2[Sewerage taxes] on what premises to be levied.— (1)

3[Subject to the provisions of section 170, the sewerage tax] shall be levied only in respect of premises—

1. (a) situated in any portion of 4[Brihan Mumbai] in which public notice has been given by the Commissioner that the collection, removal and disposal of all excrementitious and polluted matter from privies, urinals and cesspools, will be undertaken by municipal agency; or
2. (b) in which wherever situate, there is a privy, water-closet, cesspool, urinal, bathing place or cooking place connected by a drain with a municipal drain.

1. (2) Provided that the said tax shall not be levied in respect of any premises situated in any portion of 5[Brihan Mumbai] specified in clause (a), in or upon which, in the opinion of the Commissioner, no such matter as aforesaid accumulates or is deposited.
2. (3) If the Commissioner directs, under sub-section (2) 6[or (3)] of section 248 that a separate water- closet, privy or urinal need not be required for any premises 7[the sewerage tax] shall nevertheless be levied in respect of the said premises, if but for such direction, the same should be leviable in respect thereof. 8[(4) Subject to the provisions of section 170, the sewerage benefit tax shall be levied in respect of all premises situated in Brihan Mumbai, except the buildings and lands or parts thereof vesting in, or in the occupation of, any consul de carriers, whether called as a consul general, consul, vice-consul, consular agent, pro-consul or by any other name of a foreign State recognised as such by the Government of India, or of any members (not being citizens of India) of staff of such officials, and such buildings and lands or parts thereof which are used or intended to be used for any purpose other than for the purpose of profit.]

143. General tax on what premies to be levied.— (1) The general tax shall be levied in respect

of all buildings and lands in

9[Brihan Mumbai] except—

10[(a) buildings and lands or portions thereof exclusively occupied for public worship or for charitable purposes;]

1. (b) buildings and lands vesting in 11[Government] 12[used solely for public purposes and not used or intended to be used for purposes of profit] or in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the 13[Government] or, the corporation respectively; 14[(c) such buildings and lands vesting in, or in the occupation of, any consul de carriers, whether called as a consul general, consul general, consul, vice-consul, consular agent, pro-consul or by any other name of a foreign State recognised as such by the Government of India, or of any members (not being citizens of India) of staff of such officials, and such buildings and Sub-section (2) was substituted w.e.f. 1 st April 1967 by Mah. 6 of 2012, s. 4. These words were substituted for the words “Halalkhor tax” by Mah. 34 of 1973, s. 18(d). These words and were substituted for the words “The halalkhor tax” by Mah. 34 of 1973, s. 18(a). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The word, brackets and figure “or (3)” were inserted by Bom. 2 of 1911, s. 5. These words were substituted for the words “the halalkhor tax” by Mah. 34 of 1973, s. 18(b). This sub-section was substituted with effect from 1 st April 1967 by Mah. 6 of 2012 s. 5. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This clause was substituted for the original by Bom. 2 of 1911, s. 6(1). The word “Government” was substituted for the original words by the Adaptation of Laws Order, 1950. These words were inserted by Bom. 10 of 1928, s. 12. The word “Government” was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. Clause (c) was substituted by Mah. 6 of 2012, s. 6.

1888 : III] The Mumbai Municipal Corporation Act 189

lands or parts thereof which are used or intended to be used for any purpose other than for the purpose of profit.]

1. (2) The following buildings 1[and lands or portions thereof] shall not be deemed to be 2[* * *] exclusively occupied for public worship or for charitable purposes within the meaning of clause (a), namely:— (c) 3[those] in which any trade or business is carried on; and (d) 4[those] in respect of which rent is derived whether such rent is or is not applied exclusively to religious or charitable purposes.

5[(3) Where any portion of any building or land is exempt from the general tax by reason of its

being exclusively occupied for public worship or for charitable purpose, such portion shall be deemed to be a separate property for the purpose of municipal taxation.] 144. Payment to be made to the corporation in lieu of the general tax by the Central Government or

6[* * *] the

7[State] Government as the case may be.— (1) The

8[Central Government

9[* * * *] or the

10[State] Government, as the case may be], shall pay to the corporation annually, in lieu of the general tax from which buildings and lands vesting in

11[Government] are exempted by clause

1. (b) of section 143, a sum ascertained in the manner provided in sub-sections (2) and (3).

1. (2) The rateable value of the buildings and lands in 12[Brihan Mumbai] vesting in 13[Government] and beneficially occupied, in respect of which but for the said exemption, general tax would be leviable from the 14[Central Government 15[* * * *] or the 16[State] Government, as the case may be], shall be

fixed by a person from time to time appointed in this behalf by the

17[State]

18[Government] with the concurrence of the corporation. The said value shall be fixed by the said person, with a general regard to the provisions hereinafter contained concerning the valuation of property assessable to property-taxes, at such amount as he shall deem to be fair reasonable. The decision of the person so appointed shall hold good for a term of five years, subject only to proportionate variation, if in the meantime the number or extent of the building and lands vesting in

19[Government] in

20[Brihan Mumbai] materially increases or decreases.

21[(2A) Where the Corporation has adopted the levy of property tax on capital value of buildings and lands, the capital value of buildings and lands in Brihan Mumbai vesting in Government and beneficially occupied, in respect of which but for said exemption, general tax would be leviable from the Central Government or the State Government, as the case may be, shall be the book value of such buildings or lands in Government records and such capital value shall hold good for a term of five years, subject only to proportionate variation, if in the meantime the number or extent of the buildings and lands vestings in Government in Brihan Mumbai materially increases or decreases.]

These words were inserted by Bom. 2 of 1911, s. 6(2)(a). This portion was repealed by Bom. 2 of 1911, s. 6(2)(b) is omitted. The word “those” was substituted for the word “buildings” by Bom. 2 of 1911, s. 6(2)(c). The word “those” was substituted for the word “buildings” by Bom. 2 of 1911, s. 6(2)(c). This sub-section was added by Bom. 2 of 1911, s. 6(3). The words “or the Crown Representative” were deleted by the India (Adaptation of Existing Indian Laws) Order, 1947. This word was substituted for the original by Adaptation of Laws Order, 1950. The words “Central Government, or the Crown Representative, or the Provincial Government, as the case may be,” were substituted for the words “Secretary of State for India in Council” by the Adaptation of Indian Laws Order in Council. The words “or the Crown Representative” were deleted by the India (Adaptation of Existing Indian Laws) Order, 1947. This word was substituted for the original by Adaptation of Laws Order, 1950. The word “Government” was substituted for the original words by the Adaptation of Laws Order, 1950. These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The word “Government” was substituted for the original words by the Adaptation of Laws Order, 1950. The words “Central Government, or the Crown Representative, or the Provincial Government, as the case may be,” were substituted for the words “ Secretary of State for India in Council” by the Adaptation of Indian Laws Order in Council. The words “or the Crown Representative” were deleted by the India (Adaptation of Existing Indian Laws) Order, 1947. This word was substituted for the original by Adaptation of Laws Order, 1950. This word was substituted for the original by Adaptation of Laws Order, 1950. The word “Government” was substituted for the original words by the Adaptation of Laws Order, 1950. The word “Government” was substituted for the original words by the Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Sub-section (2A) was inserted by Mah. 11 of 2009, s. 6(1).

190 The Mumbai Municipal Corporation Act [1888 : III

1. (3) The sum to be paid annually to the corporation by the 1[Central Government 2[* * * *] or the 3[State] Government, as the case may be], shall be eight-tenth of the amount which would be payable by an ordinary owner or buildings or lands in 4[Brihan Mumbai], on account of the general tax, on a rateable value 5[or on capital value, as the case may be,] of the same amount as that fixed under sub-section (2), 6[or sub-section (2A), as the case may be].

7[144A. Concession in payment of property tax.— Notwithstanding anything contained in this

Act, a concession in payment of property tax in respect of building and land, wherein any such socially or ecologically beneficial scheme, as may be identified for the purposes of this section by the Municipal Corporation or the State Government, is being implemented, may be given to such extent of so many per centum of the property tax payable in respect thereof as the Corporation may, determine.]

8[Explanation.— For the purposes of this section, “ecologically beneficial scheme” includes rain water harvesting system, vermi composting, use of solar energy and other non-conventional sources of energy, recycling and re-use of waste water, or any scheme for promoting environment friendly and ecologically beneficial building construction or the like as the Corporation or the State Government may identify.]

9[144B. Temporary provisions for levy of property tax at reduced rates in respect of certain

buildings.— Notwithstanding anything contained in section 140 or 140A or any other provisions of this Act, during the period of twenty years from the date of commencement of the Bombay Municipal Corporation and the Maharashtra Regional and Town Planning (Amendment) Act, 1995 (Mah. V of 1996), or from the date of first occupation of the premises in a building used for residential purposes, whichever is later, the property tax on building shall be levied at such reduced rates as the State

Government may, by notification in the Official Gazette, from time to time, fix and different reduced

rates may be fixed for different periods and for different classes of buildings constructed, whether before or after such commencement. Such buildings are as follows:—

1. (a) buildings which are constructed under the Low Cost Housing Scheme for economically weaker sections and Low Income Group 10[by the corporation, the Mumbai Metropolitan Region Developments Authority or the Maharashtra Housing and Area Development Authority] or under the Slum Rehabilitation Scheme declared under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (Mah. XXVIII of 1971); or
2. (b) buildings constructed and wherein there is the component of the tenements constructed for project affected persons on plots allocated, designated or reserved in the development plan for Public Housing (PH) or High Density Housing (HDH), Housing the Dishoused (HD), and are developed or redeveloped by the Corporation or public authority or the owner, where the owner is required under the scheme for “Housing the Dishoused” or under the scheme “Public Housing or High Density Housing” to hand over to the Corporation free of cost at least fifty per cent., or as the case may be, ten per cent., of the built-up area for allotment to project affected persons or for rehabilitating the existing tenants on the plot or to both such persons or tenants; and to persons affected by the projects undertaken by the Corporation, respectively; or
3. (c) building which is destroyed by fire or which has collapsed or which has been demolished and is reconstructed; or
4. (d) cessed buildings reconstructed under the Urban Renewal Scheme undertaken by the Maharashtra Housing and Area Development Authoriry (MHADA) or the Corporation; or The words “Central Government or the Crown Representative, or the Provincial Government, as the case may be,” were substituted for the words “Secretary of the State for India in Council” by the Adaptation of Indian Laws Order in Council. The words “or the Crown Representative” were deleted by the India (Adaptation of Existing Indian Laws) Order, 1947. This word was substituted for the original by Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were added by Mah. 11 of 2009, s. 6(2). These words, brackets, figure and letter were added by Mah. 11 of 2009, s. 6(2). Section 144A was substituted by Mah. 11 of 2009, s. 7. This Explanation was added by Mah. 27 of 2010, s. 4. Section 144B was substituted by Mah. 11 of 2009, s. 8. These words were substituted for the words “by the Maharashtra Housing and Area Development Authority ” by Mah. 6 of 2012, s. 7(i).

1888 : III] The Mumbai Municipal Corporation Act 191

1. (e) buildings constructed on lands belonging to public authority under rehabilitation project where there is a component of tenements for rehabilitating slum dwellers; 1[or] 2[(f) buildings constructed or reconstructed, for transit accommodation, that is to say transit camps, by the corporation, the Mumbai Metropolitan Region Development Authority or the Maharashtra Housing and Area Development Authority; or
2. (g) buildings constructed or reconstructed under the rental housing scheme by the corporation, the Mumbai Metropolitan Region Development Authority or the Maharashtra Housing and Area Development Authority:] Provided that, the concession of such reduced rates of tax shall not be available in respect of any building or part thereof constructed under any of the schemes mentioned herein, which is not utilised for residential purpose for rehabilitation of the concerned project affected persons or slum dwellers and which is a component available for sale or use for commercial purpose.] 3[144C. Temporary provisions for levy of property tax at reduced rates in respect of buildings or tenements constructed for economically weaker sections of society, by certain institutions.— Notwithstanding anything contained in section 140 or any other provisions of this Act, during the period of twenty years from the date of commencement of the Mumbai Municipal Corporation (Amendment) Act, 2005 (Mah. XV of 2005), or from the date of first occupation of the premises, whichever is later, the property tax in respect of the residential tenements constructed for economically weaker sections of the society with carpet area not exceeding 350 square feet, constructed before or after such commencement, by the institutions, as may be notified by the State Government, which have been allotted the land by the State Government at nominal rates for the purpose of constructing such tenements, shall be levied at such reduced rate, as the State Government may, by notification in the Official Gazette, from time to time fix, and different rates may be fixed for different period and for different classes of buildings or tenements.]

4[144D. Temporary provisions for levy of property tax at reduced rates in respect of cessed

buildings.—Notwithstanding anything contained in section 140 or any other provisions of this Act, during the period of twenty years

5[from the 23 rd November 1995] or from the date of first occupation of the tenements hereinafter specified, whichever is later, the property tax in respect of the residential tenements having carpet area not exceeding 350 square feet, situated in a building, in the Island City of Mumbai, which,—

1. (a) is entitled to FSI benefit under regulation 33(7) of the Development Control Regulations for Brihan Mumbai, 1991; and
2. (b) is a cessed building governed by the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977) and is reconstructed or redeveloped by,—
   • (i) the co-operative housing society formed by existing tenants; or
   • (ii) the co-operative society formed by the occupiers (including owner occupier) of the building classified as Category ‘A’ under section 84 of the Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977); or
3. (c) belongs to the Corporation, was first constructed prior to 1940 and is reconstructed or redeveloped, by the co-operative housing society formed by its occupiers; shall be levied at such reduced rate, as the State Government may, by notification in the Official Gazette, from time to time, fix ; and different rates may be fixed for different periods and for different tenements: Provided that, no tax at reduced rate shall be levied in respect of the residential tenement, in the building reconstructed or redeveloped by the co-operative housing society of the existing tenants or This word was added by Mah. 6 of 2012, s. 7(ii). These clauses were added by Mah. 6 of 2012, s. 7(iii). Section 144C was inserted by Mah. 15 of 2005, s. 2. Section 144D was inserted by Mah. 44 of 2005, s. 2

These words were substituted for the words, brackets and figures “from the date of commencement of the Mumbai

Municipal Corporation (Second Amendment) Act, 2005,” by Mah. 27 of 2006, s. 2.

192 The Mumbai Municipal Corporation Act [1888 : III

occupiers, if the existing tenant or occupier ceases to occupy the tenement in the reconstructed or redeveloped building as a member of such co-operative housing society.]

1[144E. Levy of property tax at reduced rates in respect of buildings and lands of Special

Development Project.— Notwithstanding anything contained in section 140 or any other provisions of this Act, the property tax in respect of buildings and lands belonging to the Special Development Project shall be levied at such reduced rate, as the State Government may, by notification in the Official Gazette,

from time to time, fix; and different rates may be fixed for different periods and for different Special

Development Projects. Explanation.— For the purposes of this section, “Special Development Project” means,—

1. (i) a development project undertaken either by the Government or by the Planning Authority,

1. (ii) “a Mega Project” within the meaning of the Package Scheme of Incentives, 2001, approved by the High Power Committee under the Chairmanship of the Chief Secretary to Government and declared by the State Government, by notification in the Official Gazette, to be the Special Development Project.]

2[144F. Additional stamp duty on certain transfers of immovable properties.— (1) Without

prejudice to the provisions of this Act, the stamp duty leviable under the Maharashtra Stamp Act

(LX of 1958), on the instruments of sale, gift and usufructuary mortgage, respectively, of immovable

property shall, in the case of any such instrument relating to immovable property situated in the area of Brihan Mumbai Municipal Corporation in which one or more Vital Important Urban Transport Projects (hereinafter in this section referred to as “City having notified projects”) and executed on or after such date as may be specified by the State Government, by notification in the Official Gazette, be increased by a surcharge at the rate of one per cent., in case of instrument of sale or gift, on the value of the property so situated and in case of an instrument of usufructuary mortgage, on the amount secured by the instrument as set forth in the instrument and shall be collected accordingly under the said Act.

3[Provided that, the stamp duty leviable under the Maharashtra Stamp Act (LX of 1958), in instrument of sale, gift and usufructuary mortgage, respectively, of immovable property shall, in the case of any such instrument relating to immovable property situated in the City,—

1. (a) for the period commencing from the 1 st April 2020 and ending on the 31 st March 2022, not be increased by any surcharge, under this sub-section;
2. (b) with effect from the 1 st April 2022, in case the State Government reduces or remits the stamp duty under the Maharashtra Stamp Act (LX of 1958), be reduced or remitted by a surcharge at such rate as the State Government may, by an order in the Official Gazette, specify, under this sub-section.]

1. (2) For the purposes of this section, section 28 of the Maharashtra Stamp Act (LX of 1958), shall be read and enforced as if, it specifically requires the particulars therein referred to be set forth separately in respect of the property situated in the City having notified projects.
2. (3) The State Government shall, every year, after due appropriation made by law in this behalf, pay to the Corporation or the agency which has undertaken the notified project, a grant-in-aid approximately equal to the amount of additional duty realized on account of surcharge levied and collected under this section in respect of the immovable properties situated in the City having notified projects and such grant-in-aid shall be utilised on such notified projects in the manner specified by the Government.
3. (4) The sum of money required to meet the expenditure by the State Government under sub-section (3), shall be charged on the Consolidated Fund of the State.
4. (5) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this section. Section 144E was inserted by Mah. 19 of 2006, s. 2. Section 144F was inserted by Mah. 73 of 2018, s. 2. This proviso was inserted and shall be deemed to have been inserted with effect from the 1 st April 2020 by Mah. 33 of 2020, s. 2.

1888 : III] The Mumbai Municipal Corporation Act 193

1. (6) All rules made under this section shall be subject to the condition of previous publication.
2. (7) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. Explanation.— For the purposes of this section, the term “notified project” means a Vital Important Urban Transport Project related to Mass Rapid Transport System such as Metro Rail, Mono Rail, Bus Rapid Transport System and includes Freeway, Sea-link, etc., in respect of which the State Government has, by notification in the Official Gazette, declared its intention to undertake such project either by itself or through the planning authority, a New Town Development Authority, and other statutory authority, an agency owned and controlled by the Central Government or the State Government or a Government Company incorporated under the provisions of the Companies Act, 2013 (18 of 2013) or any other law relating to companies for the time being in force.

145. Amendment of section 36 of Bombay Act VI of 1879.— For section 36 of the Bombay Port

Trust Act, 1879 (Mah. VI of 1879), the following section shall be substituted, namely:— See Supra. Liability for Property-taxes

such occupier holds the said premises immediately from

1[the

2[Government]] or from the corporation or from a fazendar:

3[Provided that the property-taxes due in respect of any premises owned by or vested in the Government and occupied by a Government servant or any other person on behalf of the Government for residential purposes shall be leviable primarily from the Government and not the occupier thereof.]

1. (2) Otherwise the said taxes shall be primarily leviable as follows, namely:—
   • (a) if the premises are let, from the lessor;
   • (b) if the premises are sub-let, from the superior lessor; 4[* * *]
   • (c) if the premises are unlet, from the person in whom the right to let the same vests; 5[(d) if the premises are held or occupied by a person who is not the owner and the whereabouts of the owner of the premises cannot be ascertained, from the holder or occupier; and
   • (e) if the premises are held or developed by a developer or an attorney or any person in whatever capacity, such person may be holding the premises and in each of whom the right to sell

the same exists or is acquired, from such holder, developer, attorney or person, as the case may

be: Provided that, such holder, developer, attorney or person shall be liable until actual sale is effected.]

6[(3) But if any land has been let for any term exceeding one year to a tenant, and such tenant or any person deriving title howsoever from such tenant has built upon the land, the property taxes assessed upon the said land and upon the building erected thereon shall be leviable primarily from the said tenant or such person, whether or not the premises be in the occupation of the said tenant or such person.]

The words “the Crown” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the original by Adaptation of Laws Order, 1950. This proviso was added by Bom. 28 of 1957, s. 5(1). The word “and” was deleted by Mah. 11 of 2009, s. 9(1). Clauses (d) and (e) were added by Mah. 11 of 2009, s. 9(2). This sub-section was substituted for the original by Bom. 28 of 1957, s. 5(2).

194 The Mumbai Municipal Corporation Act [1888 : III

147. Apportionment of responsibility for property tax when the premises assessed are let or sub-let.— (1) If any premises assessed to any property-tax are let, and their rateable value

1[or the

amount of property tax levied on the basis of capital value, as the case may be,] exceeds the amount of rent payable in respect thereof to the person from whom, under the provisions of the last preceding section, the said tax is leviable, the said person shall be entitled to receive from his tenant the difference between the amount of the property-tax levied from him, and the amount which would be leviable from him if the said tax were calculated on the amount of rent payable to him.

1. (2) If the premises are sub-let and their rateable value 2[or the amount of property tax levied on the basis of capital value, as the case may be,] exceeds the amount of rent payable in respect thereof to the tenant by his sub-tenant, or the amount of rent payable in respect thereof to a sub-tenant by the person holding under him, the said tenant shall be entitled to receive from his sub-tenant or the said sub-tenant shall be entitled to receive from the person holding under him, as the case may be, the difference between any sum recovered under this section from such tenant or sub-tenant and the amount of property-tax which would be leviable in respect of the said premises if the rateable value thereof were equal to the difference between the amount of rent which such tenant or sub-tenant receives and the amount of rent which he pays.
2. (3) Any person entitled to receive any sum under this section shall have, for the recovery thereof, the same rights and remedies as if such sum were rent payable to him by the person from whom he is entitled to receive the same.

148. Person primarily liable for property-tax entitled to credit, if he is a rent payer.— If any

person who is primarily liable for the payment of any property-tax himself pays rent to another person other than

3[the

4[Government] or the corporation in respect of the premises, upon which such tax is assessed, he shall be entitled to credit in account with such other person for such sum as would be leviable

on account of the said tax if the amount of the rent payable by him where the rateable value

5[or the amount of property tax levied on the basis of capital value, as the case may be,] of the said premises. Notice of transfer, etc. of premises assessable to property-taxes

149. Notice to be given to Commissioner of all transfers of title of persons primarily liable to

payment of property-tax.— (1) Whenever the title of any person primarily liable for the payment of property-taxes on any premises to or over such premises is transferred, the person whose title is so transferred and the person to whom the same shall be transferred shall, within three months after execution of the instrument of transfers, or after its registration, if it be registered, or after the transfer is effected, if no instrument be executed, give notice of such transfer, in writing, to the Commissioner.

1. (2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred, as heir or otherwise, shall give notice of such transfer to Commissioner within one year from the death of the deceased.

150. Form of notice.— (1) The notice to be given under the last preceding section shall be in the

form either of Schedule E or Schedule F, as the case may be,

6[and shall be accompanied by such fees as the Commissioner may, from time to time, with the approval of the Standing Committee prescribe and such notice shall state clearly and correctly all the particulars required by the said form.]

1. (2) On receipt of any such notice, the Commissioner may, if he thinks it necessary require the

production of the instrument of transfer, if any, or of a copy thereof obtained under section 57 of the

Indian Registration Act, 1877 (III of 1877).

These words were inserted by Mah. 11 of 2009, s. 10(1). These words were inserted by Mah. 11 of 2009, s. 10(2). The words “the Crown” were substituted for the words “the Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the original by Adaptation of Laws Order, 1950. These words were inserted by Mah. 11 of 2009, s. 11. These words were substituted for the portion beginning with the words “and shall state” and ending with the words “the said form” by Mah. 11 of 2009, s. 12(1). See now the Indian Registration Act, 1908 (16 of 1908).

1888 : III] The Mumbai Municipal Corporation Act 195

1[(3) The transfer of title of any person primarily liable to the payment of property tax shall not be recorded by the Corporation in the assessment book unless the property taxes due in respect of the property sought to be transferred are fully paid before giving such notice.] 151. Liability for payment of property-taxes to continue in the absence of any notice of

transfer.— (1) Every person primarily liable for the payment of a property-tax on any premises who

transfers his title to or over such premises without giving notice of such transfer to the Commissioner as aforesaid, shall in addition to any other liability which he incurs through such neglect, continue liable for the payment of all property-taxes from time to time payable in respect of the said premises until he gives such notice, or until the transfer shall have been recorded in the Commissioner’s books.

1. (2) But nothing in this section shall be held to diminish the liability of the transfer for the said

property-taxes, or to affect the prior claim of the Commissioner on the premises conferred by section

212, for the recovery of the property-taxes due thereupon.

152. Notice to be given to Commissioner of erection of a new building, etc.— (1) When any

new building is erected,

2[or occupied or re-occupied or when there is change of user of part or whole of the building;] the person primarily liable for the property-taxes assessed on the building shall within fifteen days give notice thereof, in writing, to the Commissioner.

1. (2) The said period of fifteen days shall be counted from the date of the completion or of the occupation whichever first occurs, of the building which has been newly erected or rebuilt, or of the enlargement, 3[or of the re-occupation, or of the change of user of part or whole of the building, as the case may be.] 4[152A. Levy of penalty on unlawful building.— (1) Whoever unlawfully constructs or reconstructs any building or part of a building,—
   • (a) on his land without obtaining permission under this Act or any other law for the time being in force or in contravention of any condition attached to such permission;
   • (b) on a site belonging to him which is formed without approval under the relevant law relating to Regional and Town Planning;
   • (c) on his land in breach of any provision of this Act or any rule or bye-law made thereunder or any direction or requisition lawfully given or made under this Act or such rule or bye-law; or
   • (d) on any land, belonging to, or leased by, the Corporation, or the Central or State Government, or any statutory corporation or organization or company set up by any such Government, in breach of any provision of this Act or of any other law for the time being in force and the rules and bye-laws made thereunder, 5[shall be liable to pay a penalty, at such rate as may be decided by the corporation, on such building], so long as it remains unlawful construction without prejudice to any proceedings which may be instituted against him in respect of such unlawful construction: Provided that, every such levy and collection of tax and penalty shall not be construed as regularization of such unlawful construction or reconstruction for any period whatsoever of its such unlawful existance: 6[Provided further that, the rates decided by the Corporation under this sub-section shall be deemed to have came into effect from the 1 st April 2010, being the date of commencement of the Mumbai Municipal Corporation (Third Amendment) Act, 2006 (Mah. XI of 2009).] Sub-section (3) was added by Mah. 11 of 2009, s. 12(2). These words were substituted for the words “or when any building which has been vacant is re-occupied” by Mah. 11 of 2009, s. 13(1). These words were substituted for the portion beginning with the words “as the case may be” and ending with the words “reoccupation thereof” by Mah. 11 of 2009, s. 13(2). Section 152A was inserted by Mah. 11 of 2009, s. 14 These words were substitutal for the words ‘‘shall be liable to pay every year a penalty, which shall be equal to twice the property tax leviable on such building’’ by Mah. 51 of 2017, s. 2. This proviso was added by Mah. 53 of 2018, s. 2.

196 The Mumbai Municipal Corporation Act [1888 : III

1. (2) Penalty payable under sub-section (1) shall be determined and collected under the provisions of this Act, as if the amount thereof were a property tax due by any such person.]

153. Notice to be given to Commissioner of demolition or removal of building.— (1) When

any building or any portion of a building, which is liable to the payment of a property-tax, is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said tax shall give notice thereof in writing, to the Commissioner.

1. (2) Until such notice is given the person aforesaid shall continue liable to pay every such property- tax as he would have been liable to pay in respect of such building if the same, or any portion thereof, had not been demolished or removed. 1[(3) Provided that nothing in this section shall apply in respect of a building or portion of a building which has fallen down or been burnt down]. Valuation of property assessable to property-taxes 154. Rateable value 2[or capital value] how to be determined.— (1) In order to fix the rateable value of any building or land assessable to a property-tax, there shall be deducted from the amount of the annual rent for which such land or building might reasonably be expected to let from year to year a sum equal to ten per centum of the said annual rent and the said deduction shall be in lieu of all allowances for repairs or on any other account whatever. 3[(1A) In order to fix the capital value of any building or land assessable to a property tax the Commissioner shall have regard to the value of any building or land as indicated in the Stamp Duty Ready Reckoner for the time being in force as prepared under the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995, framed under the provisions of the Bombay Stamp Act, 1958, (Bom. LX of 1958) 5[as a base value] or where the Stamp Duty Ready Reckoner does not indicate value of any properties in any particular area wherein a building or land in respect of which capital value is required to be determined is situate, or in case such Stamp Duty Ready Reckoner does not exist, then the Commissioner may fix the capital value of any building or land 6[taking into consideration the market value of such building or land, as a base value. The Commissioner while fixing the capital value as aforesaid, shall have regard to the following factors, namely:—]
   • (a) the nature and type of the land and structure of the building,
   • (b) area of land or carpet area of building,
   • (c) user category, that is to say, (i) residential, (ii) commercial (shops or the like),
     • (iii) offices, (iv) hotels (upto 4 stars), (v) hotels (more than 4 stars), (vi) banks, (vii) industries and

factories, (viii) school and college building or building used for educational purposes, (ix) malls

and (x) any other building or land not covered by any of the above categories,

1. (d) age of the building, or
2. (e) such other factors as may be specified by rules made under sub-section (1B). (1B) The Commissioner shall, with the approval of the Standing Committee, frame such rules as respects the details of categories of building or land and the weightage by multiplication to be 7[assigned to various such factors and categories] for the purpose of fixing the capital value under sub-section (1A)]. (1C) The capital value of any building or land fixed under sub-section (1A) shall be revised every five years: Provided that, the Commissioner may, for reasons to be recorded in writing, revise the capital value of any building or land any time during the said period of five years and shall accordingly amend the assessment book in relation to such building or land under section 167.] This sub-section was added by Bom. 8 of 1918, s. 3. These words were inserted by Mah. 11 of 2010, s. 15(1). Sub-sections (1A), (1B) and (1C) were inserted by Mah. 11 of 2009, s. 15(2). Now read as Maharashtra Stamp Act. These words were inserted by Mah. 27 of 2010, s. 5(1)(a). These words were substituted for the words “taking into consideration the market value of such building or land, as a base value; and also have regard to the following factors, namely:—” by Mah. 27 of 2010, s. 5(1)(b). These words were substituted for the words “assigned to various such categories” by Mah. 27 of 2010, s. 5(2).

1888 : III] The Mumbai Municipal Corporation Act 197

1[(1D) (a) Notwithstanding anything contained in sub-section (1C),—

1. (i) due to the spread of COVID-19 pandemic, the capiptal value of any building or land fixed under sub-section (1A) shall not be revised in the year 2020-21 2[, the year 2021-22 and the year 2022-23];
2. (ii) for the year 2020-21, the property tax bill for any building or land shall be the same as is for the year 2019-20 3[, the year 2021-22 and the year 2022-23];
3. (iii) the capital value of any building or land fixed under sub-section (1A) shall be revised 4[in the year 2023-24], as if the clause (i) is not applicable for the year 2020-21. 5[(a-1) Notwithstanding anything contained in sub-section (1C),—
4. (i) the capital value of any building or land fixed under sub-section (1A) shall not be revised in the year 2023-24;
5. (ii) for the year 2023-24, the property tax bill for any building or land shall be the same as was for the year 2022-23;
6. (iii) the capital value of any building or land fixed under sub-section (1A) shall be revised in the year 2024-2025, as if clause (i) is not applicable for the year 2023-24.]

1. (b) Subject to the proviso to sub-section (1C), the next revision shall be in the year 2020-21 6[, the year 2021-22 and the year 2022-23], and, thereafter, the revision of capital value of any building or land shall be in accordance with the provisions of sub-section (1C).]

1. (2) The value of any machinery contained or situated in or upon any building or land shall not be included in the rateable value 7[or the capital value, as the case may be,] of such building or land.

9[154A. Provisional fixation of capital value in certain cases.— Notwithstanding anything contained in section 154, the rateable value of any building or land or part thereof, for the official year 2009-2010, shall be the provisional capital value of such building and lands in respect of the

10[official years 2010-2011, 2011-2012 and 2012-2013], and such provisional capital value shall be deemed to be

the capital value validly and legally fixed under the provisions of this Act, pending fixing the capital

value thereof; and it shall be lawful for the Commissioner to treat it as such for the purposes of assessment book kept under the provisions of this Act, and the bill for property taxes issued under sub-section (2) of section 140A shall be deemed to have been validly and legally issued under the provisions of this Act.]

11[Provided that, in respect of the buildings and lands which are liable to be assessed for the first time on or after the 1 st April 2010, the capital value of such buildings and lands shall, until the final capital value is determined under this section, be provisionally equal to the amount of rateable value worked out on the basis of the prescribed letting rates by the corporation in respect of the official year 2009-2010].

155. Commissioner may call for information or returns from owner or occupier or enter and

inspect assessable premises.— (1) To enable him to determine the rateable value

12[or the capital value, as the case may be,] of any building or land and the person primarily liable for the payment of any

This sub-section was inserted by Mah. 32 of 2020, s. 2. These words and figures were substituted for the words and figures “and the year 2021-22” by Mah. 1 of 2023, s. 2(a)(i). These words and figures were substituted for the words and figures “and the year 2021-22” by Mah. 1 of 2023, s. 2(a)(ii). These words and figures were substituted for the words and figures “in the year 2022-23” by Mah. 1 of 2023, s. 2(a)(iii). This clause was inserted by Mah. 22 of 2024, s. 2. These words and figures were substituted for the words and figures “and the year 2021-22” by Mah. 1 of 2023, s. 2(b). These words were inserted by Mah. 11 of 2009, s. 15(3). Sub-section (3) was deleted by Mah. 11 of 2010, s. 15(4). Section 154A was substituted by Mah. 11 of 2011, s. 4. These words and figures were substituted by Mah. 6 of 2012, s. 8(i). This proviso was added by Mah. 6 of 2012, s. 8(ii). These words were inserted by Mah. 11 of 2009, s. 16(a).

building or land, or of any portion thereof, to furnish him, within such reasonable period as the Commissioner prescribes in this behalf, with information or with a written signed by such owner or occupier—

1. (a) as to the name and place of abode of the owner or occupier, or of both owner and occupier of such building or land; and 1[(b) as to the details in respect of any or all the items as enumerated in clauses (a) to (e) of sub-section (1A) of section 154 in relation to such building or land or any portion thereof.]

1. (2) Every owner or occupier on whom any such requisition is made shall be bound to comply with the same and to give true information or to make a true return to the best of his knowledge or belief.
2. (3) The Commissioner may also for the purpose aforesaid make an inspection of any such building or land. Assessment-book

156. Assessment book what to contain.—

2[The Commissioner shall keep a book, in such form and in such manner as he may, with the approval of the Standing Committee,

3[determine], and such

book shall be called “the assessment book” in which shall be entered every official year].

1. (a) a list of all buildings and lands in 4[Brihan Mumbai] distinguishing each either by name or number, as he shall thinks fit;
2. (b) the rateable value 5[or the capital value, as the case may be,] of each such building and land determined in accordance with the foregoing provisions of this Act;
3. (c) the name of the person primarily liable for the payment of the property-taxes, if any, leviable on each such building or land; 6[(d) if any such building or land is not liable to be assessed to the general tax or is exempt from payment of property tax either in whole or in part, as the case may be, the reason of such non- liability or exemption, as the case be;]
4. (e) when the rates of the property-taxes to be levied for the year have been duly fixed by the corporation and the period fixed by public notice, as hereinafter provided, for the receipt of complaints against the amount of rateable value 7[or, the capital value, as the case may be] entered in any portion of the assessment-book, has expired, and in the case of any such entry which is complained against, when such complaint has been disposed of in accordance with the provisions hereinafter contained, the amount at which each building or land entered in such portion of the assessment-book is assessed to each of the property- taxes, if any, leviable thereon; 8[(f) if under section 169, a charge is made for water supplied to any building or land by measurement or the water taxes or charges for water by measurement are compounded for, or if, under section 170, the sewerage taxes or sewerage charges for any building or land are fixed at a special rate, the particulars and amount of such charges, composition or rates;]
5. (g) such other details, if any, as the Commissioner from time to time thinks fit to direct.

157. The assessment book to be made separately for each ward and in parts, if necessary.—

1. (1) The assessment-book shall be made in separate books, called “ward assessment-books” one for each Clause (b) was substituted by Mah. 11 of 2009, s. 16(b). These words were substituted for the portion beginning with the words “The Commissioner” and ending with the words “every official year” by Mah. 11 of 2009, s. 17(1). This word was substituted for the words “prescribed by rules” by Mah. 27 of 2010, s. 7. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Mah. 11 of 2009, s. 17(2). Clause (d) was substituted by Mah. 11 of 2009, s. 17(3). These words were inserted by Mah. 11 of 2009, s. 17(4). Clause (f) was substituted by Mah. 34 of 1973, s. 19.

1888 : III] The Mumbai Municipal Corporation Act 199

of the wards into which

1[Brihan Mumbai] is for the time being divided

2[for the administrative

purposes]; and each ward assessment-book may, if the Commissioner thinks fit, be divided into two or more parts for such purposes and with such several designations as the Commissioner shall determine.

1. (2) The ward assessment-books and their respective parts, if any, shall collectively constitute the assessment-book.

158. Treatment of property which is let to two or more persons in separate occupancies.—

1. (1) When any building or land is let to two or more persons holding in severaity the Commissioner may, for the purpose of assessing such building or land to the property taxes, either treat the whole thereof as one property, or, with the written consent of the owner of such building or land, treat each several holding therein or any two or more of such several holdings together, or each floor or flat, as a separate property. 3[(2) * * * * * * * * *

respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment-

book and in any notice which it may be necessary to serve upon the said person under this Act, “the

holder” of such premises, without further description.

1. (2) Occupier liable for property taxes until he gives information.— If, in any such case, any person in occupation of the premises shall refuse to give such information as may be requisite for determining who is primarily liable as aforesaid, such person shall himself be liable, until such information is obtained, for all property-taxes liviable on the premises of which he is in occupation.

160. Public notice to be given when valuation of property in any ward has been completed.—

1. (1) When the entries required by clauses (a), (b), (c) and (d) of section 156 have been completed, as far as practicable, in any ward assessment-book, the Commissioner shall give public notice thereof and of the place where the ward assessment-book, or a copy of it, may be inspected.
2. (2) Such public notice shall be given by advertisement in the 4[Official Gazette] and in the local newspapers, and also by posting placards in conspicuous places throughout the ward 5[or by any other mode including electronic media as the Commissioner may think fit].

161. Assessment book to be open to inspection.— (1) Every person who reasonably claims to be

the owner or occupier of some premises entered in the assessment-book or the agent or any such owner or occupier shall be permitted, free of charge, to inspect and to take extracts from any portion of the said book which relates to the said premises.

1. (2) Any person not entitled under sub-section (1) to inspect take extracts from any portion of the assessment-book free of charge shall be permitted to do so on payment of such fee as shall from time to time be prescribed in this behalf 6[by the Commissioner, with the approval of the Standing Committee]. 162. Time for filing complaints against valuations to be publicly announced.— (1) The Commissioner shall, at the time and in the manner prescribed in section 160, give public notice of a day, not being less than 7[twenty one days] from the publication of such notice, on or before which complaints These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words and figures “under the provisions of section 24” by Mah. 11 of 2009, s. 18. Sub-sections (2) and (3) were deleted by Mah. 10 of 1998, s. 91. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. These words were inserted by Mah. 11 of 2009, s. 19. These words were substituted for the words “Member-in-charge with the approval of the Mayor-in Council” by Mah. 27 of 1999, s. 77. These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 20(1)(a).

200 The Mumbai Municipal Corporation Act [1888 : III

against the amount of any rateable value

1[or the capital value, as case may be,] entered in the ward assessment-book will be received in his office.

1. (2) Special notice to be issued in certain cases.— In every case in which any premises have for the first time been entered in the assessment-book as liable to the payment of 2[property taxes or in which

rateable value, or capital value, as the case may be] of any premises liable to such payment has been

increased, the Commissioner shall, as soon as conveniently may be after the issue of the public notice under sub-section (1), give a special written notice to the owner or occupier of the said premises specifying the nature of such entry and informing him that any complaint against the same will be received in his office at any time within

3[twenty-one days] from the service of the special notice.

163. Time and manner of filing complaints against valuation.— (1) Every complaint against

the amount of any rateable value

4[or the capital value, as the case may be,] entered in the assessment- book must be made by written application to the Commissioner, which shall be left at his office on or before the day or the latest day fixed in this behalf in the public or special notice aforesaid.

1. (2) Every such application shall set forth briefly but fully the grounds on which the valuation is complained against. 164. Notice to complainants of day fixed for investigating their complaints.— The Commissioner shall cause all complaints so received to be registered in a book to be kept for this purpose and shall give notice in writing to each complainant, of the day, time and place when and whereat his complaint will be investigated. 165. Hearing of complaint.— (1) At the time and place so fixed the Commissioner shall investigate and dispose of the complaint in the presence of the Complainant if he shall appear, and, if not, in his absence.
2. (2) For reasonable cause, the Commissioner may from time to time adjourn the investigation.
3. (3) When the complaint is disposed of, the result thereof shall be noted in the book of complaints kept under section 164, and any necessary amendment shall be made in accordance with such result, in the assessment-book.

166. Authentication of ward assessment-book when all complaints have been disposed of.—

1. (1) When all such complaints, if any, have been disposed of and the entries required by clause (e) of section 156 have been completed in the ward assessment-book, the said book shall be authenticated by the Commissioner, who shall certify, under his signature, that except in the cases, if any, in which amendments have been made as shown therein, no valid objection has been made to the rateable values 5[or the capital values, as the case may be,] entered in the said book.
2. (2) Thereupon the said ward assessment-book subject to such alterations as may thereafter be made therein under the provisions of the next following section, shall be accepted as conclusive evidence of the amount of each property-tax leviable on each building and land in the ward in the official year to which the book relates. 167. Assessment-book may be amended by Commissioner during official year.— (1) The Commissioner may, upon the representation of any person concerned, or upon any other information, at any time during the official year to which an assessment-book relates amend the same by inserting therein the name of any person whose name ought to be so inserted or any premises previously omitted or by striking out the name of any person not liable for the payment of any property-tax, or by increasing or reducing the amount of any reteable value 6[or, the capital value, as the case may be,] and of the assessment based thereupon, or by making of cancelling an entry exempting any premises from liability to any property-tax. These words were inserted by Mah. 11 of 2009, s. 20(1)(b). These words were substituted for the words “property taxes or in which rateable value” by Mah. 11 of 2009, s. 20(2)(a). These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 20(2)(b). These words were inserted by Mah. 11 of 2009, s. 21. These words were inserted by Mah. 11 of 2009, s. 22. These words were inserted by Mah. 11 of 2009, s. 23.

1888 : III] The Mumbai Municipal Corporation Act 201

1. (2) Every such amendment shall be deemed to have been made, for the purpose of determining the liability or exemption of the person concerned in accordance with the altered entry, from the earliest day in the current official year when the circumstances justifying the amendment existed. 168. New assessment-book need not be prepared every official year.— (1) It shall not be necessary to prepare a new assessment-book every official year. Subject to the provisions of sub-section (3), the Commissioner may adopt the entries in the last preceding year’s book with such alterations as he thinks fit as the entries for each new year.
2. (2) But public notice shall be given, in accordance with sections 160 and 162 every year and the provisions of the said sections and of sections 163 to 167, both inclusive, shall be applicable each year.
3. (3) A new assessment-book shall be prepared at least once in every 1[five years]. 2[Special provisions concerning the Water and Sewerage taxes and charges]

169. Rules for water taxes and charges.— (1) Notwithstanding anything contained in section

128, the

3[Standing Committee] shall, from time to time, make such rules as shall be necessary for supply of water and for charging for the supply of water and for any fittings, fixtures or services rendered by the Corporation under Chapter X and shall by such rules determine—

1. (i) the charges for the supply of water by a water-tax and a water benefit tax levied under section 140 of a percentage of the rateable value 4[or, the capital value, as the case may be,] of any property provided with a supply of water; or
2. (ii) a water charge in lieu of a water-tax, based on a measurement or estimated measurement of the quality of water supplied; or
3. (iii) combined charges under clauses (i) and (ii); or
4. (iv) a compounded charge in lieu of charges under clauses (i) and (ii).

1. (2) A person who is charged for supply of water under clause (ii) or (iv) of sub-section (1) shall not be liable for payment of the water-tax, but any sum payable by him and not paid when it becomes due shall be recoverable by the Commissioner as if it were an arrear of property tax due. 5[(3) Notwithstanding anything contained in section 146, the water taxes and charges shall be primarily recoverable from person or persons actually occupying the premises.].

6[Standing Committee] shall from time to time make such rules as shall be necessary for removing human wastes, excrementitions, and polluted matters, liquid wastes and effluents and any other materials as shall from time to time be specified

7[by the Committee] in such rules and for charging any fittings, fixtures or services rendered by the Corporation under Chapter IX and shall by such rules determine—

1. (i) the charges for the supply of such services by a sewerage tax and a sewerage benefit tax 8[levied under section 140 of a percentage of the rateable value] 9[or the capital value, as the case may be] of any property in respect of which such services are provided; or
2. (ii) a sewerage charge in lieu of a sewerage tax, based on a measurement or estimated measurement of the quantity of water supplied for the premises or of the quantity of wastes dicharges from the premises; or These words were substituted for the words “four years” by Mah. 27 of 2010, s. 8. This heading and sections 169 to 172 were substituted by Mah. 34 of 1973, s. 20. These words were substituted for the word “Corporation” by Mah. 27 of 1999, s. 78. These words were inserted by Mah. 11 of 2009, s. 24. Sub-section (3) was added by Mah. 21 of 1989, s. 29. These words were substituted for the word “Corporation” by Mah. 27 of 1999, s. 79(a). These words were inserted by Mah. 27 of 1999, s. 79(b). These words were inserted by Mah. 11 of 2009, s. 25. These words were inserted by Mah. 11 of 2009, s. 24.

202 The Mumbai Municipal Corporation Act [1888 : III

1. (iii) combined charges under clauses (i) and (ii); or
2. (iv) a compounded charge in lieu of charges under clauses (i) and (ii).

1. (2) A person who is charged for sewerage services under clause (ii) or (iv) of sub-section (1) shall not be liable for payment of the sewerage tax, but any sum payable by him and not paid when it becomes due, shall be recoverable by the Commissioner as if it were an arrear of property tax due.

171. [Deleted].

2[172. Rules for water taxes and charges and sewerage taxes and charges and amendment

thereof.— (1) The provisions of sections 140A and 154A, as amended by the Maharashtra Municipal

Corporations and Municipal Councils (Amendment) Act, 2011 (Mah. XI of 2011), shall, mutatis

mutandis apply, for the purposes of levy of water taxes and charges and sewerage taxes and charges

3[for the years 2010-2011, 2011-2012 and 2012-2013].

1. (2) The Standing Committee may, from time to time, add to, amend or rescind any rules made or deemed to be made by it under sections 169 and 170 (both inclusive), but such revision of rules shall, subject to the provisions of sub-section (1), come into force on the date appointed by the Committee for this purpose so however that such date shall not be earlier than the 1 st April of the official year during which the decision to make such revision is taken by the Standing Committee: Provided that,

4[the rules fixing the rates for the official years 2010-2011, 2011-2012 and 2012-

2013 shall be effective from the first day of each respective official year.]

5[(3) In case of the buildings and lands which are liable to be assessed for the first time on or after the 1 st

April 2010, the water taxes and charges and sewerage taxes and charges shall provisionally be

levied on the basis of rateable value thereof, as if such buildings and lands are assessed in the year 2009- 2010; and on ascertainment of the capital value of such buildings and lands, the corporation may issue

final bill in respect of the years, for which provisional bills have been issued on the basis of rateable

value, on the basis of capital value thereof and accordingly it shall be the duty of the owner and occupier of such buildings and lands to pay such tax within the period specified in the final bill issued as aforesaid.]

173. Water-tax,

6[water charges,]

7[sewerage charges] paid by any person may be recovered by him from the occupier of premises for which it is paid.—(1) Any person who has paid to the Commissioner any

8[water-tax, or a sum on account of water charges or]

9[sewerage tax or a sum on account of sewerage charges] in respect of any premises shall if he was not himself in occupation of the said premises during the period for which he had made such payment, be entitled to receive the amount of the said payment from the person, if any, in actual occupation of the said premises for the said period.

1. (2) For the recovery of the said amount from the person aforesaid, the person who has paid the same shall have the same rights and remedies as if such amount were rent payable to him by the person from whom he is entitled to receive the same. 10[173A. Owner of premises entitled to recover water charges from occupiers of tenements.—
2. (1) If the premises to which water is supplied by measurement consists of more than one tenement and water is supplied thereto through a common meter and if water charges in respect of the water supplied are paid to the Commissioner by the owner of the said premises or any person acting on his behalf, such owner shall be entitled to recover the sum of such water charges pro-rata from the occupiers of the tenements during the period for which water is supplied to the said tenements through the common meter, in proportion to the amount of the rent for which each of such tenements is let: Section 171 was deleted by Mah. 27 of 1999, s. 95. Section 172 was substituted by Mah. 11 of 2011, s. 5. These words and figures were substituted by Mah. 6 of 2012, s. 9(a). These words and figures were substituted by Mah. 6 of 2012, s. 9(b). This sub-section was added by Mah. 6 of 2012, s. 9(c). These words were inserted by Bom. 62 of 1954, s. 4(2). These words were substituted for the words “any halalkhor tax” by Mah. 51 of 1975, s. 9(b). These words were substitued for the words “water tax or” by Bom. 62 of 1954, s. 4(1). These words were substituted for the words “any halalkhor tax” by Mah. 51 of 1975, s. 9(a). Sections 173A and 173B were inserted by Bom. 62 of 1954, s. 5.

1888 : III] The Mumbai Municipal Corporation Act 203

Provided that if—

1. (a) any of the tenements is in the occupation of the owner or any person acting on his behalf, or
2. (b) by the terms of the tenancy, the owner has agreed to pay the water charges for an occupier of a tenement, the amount payable pro-rata in respect of such tenement shall not be recovered from the occupiers of other tenements.

1. (2) If, under the terms of the tenancy, the rent charges for any such tenement is inclusive of water- tax and subsequently water is supplied thereto through a common meter and if water charges are paid by the owner or any person acting on his behalf, such owner shall be entitled to recover under this section from the occupier of such tenement only the difference between the water tax previously payable by him and the water charges payable in respect of such tenement on pro-rata basis under sub-section (1). 173B. Water charges paid by owners but not recovered from occupiers not to operate to diminish annual rent for purposes of section 154.— If the owner of any premises has paid to the Commissioner the sum of water charges in respect of water supplied to the premises and though entitled to recover from the person in actual occupation of the said premises a sum as determined under section 173A, omits or fails to recover the same wholly or in part for whatever reason the fact of the omission

or failure to recover such sum shall not operate to diminish the amount of the annual rent of the said

premises calculated for the purposes of section 154.]

1[173BA. Section 173B not to have effect.— On and from the date of adoption of capital value

as the base, for levy of property taxes under section 140A, the provisions of section 173B shall cease to have effect.]

2[173BB. Owner of premises entitled to recover sewerage charges from occupiers of tenements.— If the premises in respect of which the sewerage charges in lieu of a sewerage tax are recovered from the owner of the premises or any person acting on his behalf, such owner shall be entitled to recover the sum of such charges pro-rata from the occupiers of the tenements, in proportion to the amount of the rent for which each of such tenements is let: Provided that if—

1. (a) any of the tenements is in the occupation of the owner or any person acting on his behalf, or
2. (b) by the terms of the tenancy, the owner has agreed to pay the sewerage charges for an occupier of a tenement, the amount payable pro-rata in respect of such tenement shall not be recovered from the occupiers of other tenements.]

3[173C. Occupier of premises entitled to recover water taxes and charges from owner when

he is not bound to pay but pays them to Commissioner.— If, under the terms of the tenancy, the rent for any premises is inclusive of water taxes or water charges for supply of water by measurement and the person in actual occupation of the premises has, on behalf of the owner thereof, paid to the Commissioner any water taxes or water charges in respect of the premises, such person shall be entitled

to recover from, the owner the amount so paid and may deduct the amount from the rent which from

time to time becomes due to the owner.]

174. Refund of

4[water tax and sewerage tax] when and to what extent obtainable.— When any building or land, or any portion of any premises which the Commissioner has treated under section 158 as a separate property, has been vacant for not less than thirty consecutive days, the Commissioner

Section 173BA was inserted by Mah. 11 of 2009, s. 27. Section 173BB was inserted by Mah. 34 of 1973, s. 21. Section 173C was inserted by Mah. 51 of 1975, s. 10. These words were substituted for the words “water and halalkhore taxes” by Mah. 51 of 1975, s. 22(b).

204 The Mumbai Municipal Corporation Act [1888 : III

shall, subject to the provisions hereinafter contained, refund the amount of the water tax

1[and the

sewerage tax], if any, paid for the number of days that such vacancy lasted. 175.

176. Refund not claimable unless notice of vacancy is given to Commissioner.— (1) No refund

of any property tax shall be claimable from the Commissioner, as aforesaid, unless notice in writing of the vacancy shall have been given by the person liable for the tax, or his agent, to the Commissioner.

1. (2) No refund shall be paid by the Commissioner for any period previous to the day of the delivery of such notice.
2. (3) When a vacancy continues from one half year in respect of which property taxes are, under section 197 recoverable, into the next following half year, no refund of any property tax shall be claimable from the Commissioner as aforesaid on account of such continued vacancy unless notice thereof shall be given to the Commissioner as aforesaid within thirty days from the commencement of the said next following half year. 177. Refund of water tax inadmissible unless application for stopping water supply has been made.— No refund of water tax shall be claimable except from such time as a written application shall have been made to the Commissioner to stop the water supply to the vacant premises. 178. 3[* * * * * * * *]

179. Applications for refund when and how to be made.— It shall be in the discretion of the

Commissioner to disallow any claim for refund of any property tax unless application therefor is made to him in writing within thirty days after the expiry of the half year to which the claim relates

4[accompanied by the original receipt of any valid proof a payment of the amount of the bill presented to the applicant under section 200] for the amount of the tax from which the refund is claimed. 180-191.

6[Tax on Dogs]

7[191A. Tax on Dogs.— (1) A tax not exceeding

8[one hundred rupees] per annum shall be levied on every dog kept within

9[Brihan Mumbai]. Such tax, however, shall not be levied on any dog under the age of six months, if the owner or person in charge thereof declares in writing to the Commissioner on or before the eighth day of April that the dog owned by him or in his charge is under the age of six months.

1. (2) Every person who owns or is in charge of a dog on which the tax is leviable under sub-section
2. (1) shall be liable for such tax.
3. (3) Every person who owns or is in charge of a dog on which the tax is leviable shall forward to the Commissioner a return signed by him during the month of April in each official year in such form as the Commissioner may specify.
4. (4) Every person who owns or is in charge of such dog shall pay the tax during the month of April in each official year: Provided that, when a person becomes owner or takes charge of such dog on or after the first day of May, he shall forward a like return to the Commissioner and pay the tax due, within one week from the date on which he becomes the owner or takes charge of the dog. These words were substituted for the words “and halalkhore tax” by Mah. 34 of 1973, s. 22(a). Section 175 was deleted by Mah. 10 of 1998, s. 97. Section 178 was deleted by Mah. 10 of 1998, s. 97. These words and figures were substituted for the words and figures “accompanied by the Bill presented to the applicant under section 200” by Mah. 11 of 2009, s. 28. Sections 180 to 191 were deleted by Mah. 11 of 2002, s. 12. This heading was substituted by Mah. 11 of 2002, s. 13. Section 191A was substituted for the original by Mah. 51 of 1975, s. 11. These words were substituted for the words “seven rupees” by Mah. 12 of 1993, s. 4. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule.

1888 : III] The Mumbai Municipal Corporation Act 205

1. (5) The amount of the tax for the full year shall be payable in lump sum and shall not be in proportion to the period for which any dog is kept. But the tax shall not be payable more than once for any official year in respect of the same dog.
2. (6) The Commissioner shall maintain a register showing the names and addresses of the persons liable to pay the tax under this section.] 1[ 2[191B. Licence and number ticket for dogs.— (1) When the owner or person in charge of a dog has paid the tax leviable on such dog, the Commissioner shall—
   • (a) grant him a licence to keep the dog during the official year for which the tax has been paid, subject, however, to such conditions as may be specified in the licence by the Commissioner;
   • (b) provide him with a number ticket, the number of which shall be specified in the licence.
3. (2) The owner or person in charge of any dog so licensed, shall at all times cause the said number ticket to be kept attached to the collar or otherwise suspended from the neck of the dog.
4. (3) Any dog which has no number ticket so attached or suspended or is kept in contravention of any of the conditions specified in the licence—
   • (a) shall be presumed to be a dog in respect of which no licence has been granted; and
   • (b) may be seized by the police or by any officer duly authorised by the Commissioner, and detained until the tax due, if any, has been paid or the conditions subject to which the licence is granted are agreed to be complied with.]

3[191BA. Control and other provisions as to dogs.— (1) If any dogs are found or reported to be

a source of nuisance to the residents of any building or locality, the Commissioner or any person duly authorised by him may enter any premises for the purposes of seizing such dogs.

1. (2) Any dog so seized shall be kept in the municipal kennel and if any person, within three days from the date of such seizure, satisfies the Commissioner that he is the owner or person in charge of such dog, the Commissioner may order it to be delivered to such person on payment of the tax, if any due and the costs incurred by the Commissioner by reasons of its detention and on such person giving an undertaking that the dog will thereafter be kept in accordance with the condition of the licence and will not be a source of nuisance to the residents of the building or locality: Provided that, if within the said three days, no person satisfied the Commissioner that he is the owner or person in charge of the dog and pays the tax and the costs or gives the undertaking aforesaid, the Commissioner may cause the dog to be destroyed.
2. (3) If a stray dog has bitten any person the Commissioner may order it to be detained in the municipal kennel for its incubation period if it so desired by the person who has been bitten by that dog, and no charge shall be recovered from any person for such detention. If a licenced dog, which has bitten any person, is brought to the municipal kennel, the Commissioner may order it to be detained therein for its incubation period, if so desired by the owner or person in charge of such dog or the person who has been bitten by that dog, on payment of detention charges not exceeding Rs. 2 per day as may be determined by the Commissioner.
3. (4) If any dog detained under sub-section (2) or (3) is after examination found to be suffering from rabis, the Commissioner shall order it to be destroyed forthwith.
4. (5) No damage shall be payable in respect of any dog destroyed under this section.] Sections 191B and 191BA were inserted by Bom. 2 of 1943, read with Bom. 8 of 1948, s. 2. Section 191B was substituted for the original by Mah. 51 of 1975, s. 12. Section 191BA was inserted by Mah. 51 of 1975, s. 13.

206 The Mumbai Municipal Corporation Act [1888 : III

2[191BB. Exemption of dogs kept by certain Consular Officers.— Nothing contained in sections 191A and 191B shall apply to any dog kept by or in charge of such diplomatic and Consular Officers as the State Government may by general or special order specify in this behalf.]

3[191C. Protection of persons acting in good faith.— No suit, prosecution or other legal proceeding shall be instituted against any person in respect of any act done in good faith in pursuance of the provision of

4[section 191B or section 191BA].

5[191D. Certain sections not to apply.— Nothing contained in

6[* * * * *] the second sentence of sub-section (2) of section 200 shall apply in respect of the tax leviable under section 191A].

7[THEATRE TAX] Tax on cinemas, theatres, circuses, carnivals and other performances or shows

191E. Theatre tax.— (1) Except as hereinafter provided, there shall, from such date as the State

Government may by notification in the Official Gazette specify in this behalf, be levied and paid to the Corporation a tax referred to in this Act as theatre tax on cinemas, theatres, circuses, carnivals and other performances or shows.

1. (2) The theatre tax shall be levied in respect of theatre, cinema, circus, carnival and other place of entertainment for every performance or show held or conducted thereat or therein and to which persons are admitted on payment, at the rate prescribed by or under the provisions of this Act.
2. (3) The theatre tax shall be levied at the rates not exceeding those specified in 8[Schedule G] as the Corporation shall from year to year, in accordance with section 128, determine. 191F. Liability to pay theatre tax.— Every proprietor, manager or person in charge of the entertainment shall be liable to pay the theatre tax and shall pay the same in advance before the commencement of each show or if there are no separate shows before any person is admitted to the entertainment on any day : Provided that the Commissioner may, subject to such terms and conditions as he may impose

9[* * *] allow a lumpsum payment of the tax to be made in respect of a series of such shows or a

period of one week or one month. 191G. Register of persons liable to pay theatre tax.— The Commissioner shall maintain a register, in which shall be entered from time to time,—

1. (a) a list of the persons liable to pay the theatre tax;
2. (b) the particulars of the cinemas, theatres and other places of entertainment belonging to or in charge of such persons;
3. (c) the approximate amount of tax payable by each such person and the period in respect of which it is payable. Section 80 of Bom. 48 of 1950 read as follows :— “80. Amendment made by sections 64, 65, 67, 68 and 76 to have retrospective effect.— (1) The amendments made by sections 64, 65 and 67 shall be deemed to have been made on and to have effect from the 15 th day of August 1947.

1. (2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have effect from the th day of March 1944 and any order made or action taken under the said Act before the commencement of this Act shall be deemed to have been made or taken under the said Act as amended by this Act and no prosecution, suit or other proceeding shall lie against any person from anything in good faith done or intended to be done in pursuance of any such order or action, as the case may be.” Section 191BB was inserted by Bom. 48 of 1950, s. 65. Sections 191C and 191D were inserted by Bom. 2 of 1943, s. 3, read with Bom. 8 of 1948, s. 2. This portion was substituted for the words, brackets and letter “sub-sections (2), (3) and (5) of section 191B” by Mah. 51 of 1975, s. 14. Sections 191C and 191D were inserted by Bom. 2 of 1943, s. 3, read with Bom. 8 of 1948, s. 2. The words and figures “sections 180 to 182,185 to 188, 189,190, 191, 198 and” were deleted by Mah. 11 of 2002, s. 14. This heading and sections 191E to 191K were inserted by Bom. 48 of 1959, s. 66. This word and letter was substituted for the words, letter and figure “Schedule G-1” by Mah. 11 of 2009, s. 29. The words “with the sanction of the Member-in-charge” were deleted by Mah. 27 of 1999, s. 83.

1888 : III] The Mumbai Municipal Corporation Act 207

191H. Returns by persons liable to pay theatre tax.— It shall be the duty of every proprietor,

manager or person in charge of the entertainment to submit to the Commissioner such returns signed by him, at such intervals, in such form and containing such information for the purpose of levy of the theatre tax as shall be prescribed by rules made under section 191K. 191I. Power of Inspection.— The Commissioner may enter upon and inspect any premises or place which he has reason to believe are being used or are about to be used for any performance or show in respect of which the theatre tax is payable or would be payable.

191J. Notice of demand.— (1) If any person has failed to pay the theatre tax, the Commissioner

shall with the least practicable delay cause to be served on the defaulter a notice of demand in such form as may be prescribed by rules made in this behalf under section 191K. No fee shall be payable in respect of the service of such notice.

1. (2) If the person on whom a notice is served under sub-section (1) does not within fifteen days from

the service of the notice on him pay the amount due or show sufficient cause for non-payment of the

same to the satisfaction of the Commissioner, the Commissioner may recover the amount by distress and sale of the movable property or attachment and sale of the immovable property of the defaulter as if the amount were a Property-Tax due by him.

191K. Rules governing theatre tax.—

1[The Commissioner may, with the previous approval of the Standing Committee] make rules for securing the payment of the theatre tax and generally for carrying into effect the provisions of this Act relating to the said tax and in particular for the following matters, namely:—

1. (a) the publication of the rates of the theatre tax determined by the Corporation;
2. (b) the entertainment or classes of entertainments exempted from the payment of the tax and the extent to which they are so exempted;
3. (c) when and to what extent the amount of the tax paid may be refunded;
4. (d) the form in which and the intervals at which the return shall be submitted to the Commissioner under section 191H;
5. (e) the form of notice of demand under section 191J.]

192-195-1B.

II of 1934, s. 2.

4[195C. Accounts to be kept ; exercise by corporation of option to take over arbitration.—

5[The

6[State] Government] shall keep a separate account of all moneys

7[which have been paid to them by the corporation from the town duty levied on raw cotton under section 195A, now repealed, and allotted to the provision of tenements for the working classes in the City of Bombay as constituted on

These words were substituted for the words “The Corporation may” by Mah. 27 of 1999, s. 84. The heading “Octroi” was deleted by Mah. 42 of 2017, s. 6, w.e.f. 1 st July 2017. Sections 192, 193, 194, 194-1A, 194A, 195, 195-1A, and 195-1B were deleted by Mah. 42 of 2017, s. 7, w.e.f. 1 st July 2017. Section 195C was inserted by Bom. 20 of 1920, s. 2. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words, figures and letters were substituted for the original words, letters, figures and brackets “which have been paid to them by the Corporation from the town-duty levied on raw cotton under section 195A, now repealed, and allotted to the provision of tenements for the working classes in the City of Bombay, as constituted on the 1 st day of October 1920” by Bom. 2 of 1934, s. 3.

208 The Mumbai Municipal Corporation Act [1888 : III

the 1 st day of October 1920] of all loans raised and utilised or the provision of such tenements and of any sinking funds formed for the repayment of such loans and shall supply the corporation with a copy of the account for each year.

1. (2) The corporation shall have the right, after giving six months previous notice in writing, to acquire from 1[the 2[Government]] on the 1 st day of April 1936, or on the 1 st day of April of any subsequent year the right, title and interest of 3[the 4[Government]] in all lands and buildings acquired and all buildings constructed in the City of Bombay constituted as aforesaid, with the aid of such moneys and loans, on indemnifying 5[the 6[Government]] against all then existing and all future liabilities of 7[the 8[Government]] in respect of such lands and buildings and in respect of such loans.
2. (3) For the purpose of determining the amount of any indemnity in respect of any such loan regard shall be had to any then existing sinking fund formed for the repayment of such loan; the intention being that the corporation shall pay to 9[the 10[State] Government] from time to time sufficient moneys—
   • (a) to satisfy all interest on such loan as the same may become payable by 11[the 12[State] Government]; and
   • (b) to make up, after taking into account any sinking fund, the amount which 13[the 14[State] Government]may be liable at the maturity of such loan.
3. (4) For the purpose of enabling the corporation to determine whether such right shall be exercised 15[the 16[State] Government] shall at all reasonable times after the 1 st day of April 1935 cause inspection of such separate account to be given to the corporation.
4. (5) On the giving of such notice as is referred to in sub-section (2) the question as to the amount and form of such indemnity shall stand referred to the sole arbitration of some person to be nominated by the 17[Chief Justice of Maharashtra] who shall be assisted by two assessors one to be nominated by 18[the 19[ State] Government] and one by the corporation and his decision shall be final.
5. (6) Upon the corporation giving such indemnity the right, title and interest of 20[the 21[Government]] in such lands and buildings shall vest in the corporation. The words “the Crown” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. The words “the Crown” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. The words “the Crown” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. The words “the Crown” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Chief Justice of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Crown” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 209

• • * * * * 2[195D. Definition of Loan.— Loans raised and utilised for the purpose of repaying (whether directly or indirectly) loans raised and utilised 3[* * *] for provision of such tenements as are referred to in sub-section 4[(1) of section 195C] shall be deemed to be loans raised and utilised 5[* * *] for the provision of such tenements 6[* * * * * *]]. 7[Education Cess

195E. Levy of education cess.—

8[(1) For the purposes of clause (a) of section 61, the Corporation may,

9[* * *] levy within its area an additional tax on building and lands (hereinafter referred to as “the education cess”), of so many centum,

10[not exceeding twelve], of their rateable value,

11[or of so many per centum of their capital value, as the case may be, as the Corporation may determine:] Provided that—

1. (a) all buildings and lands vesting in the Central Government.
2. (b) all other building and lands exempted from the general tax under section 143,
3. (c) all buildings and lands of a rateable value 12[or the capital value, as the case may be,] below such sum as the Corporation may determine shall be exempted from the education cess.] (2) 13[The Corporation may require the Municipal Commissioner to recover the amount of the education cess determined under sub-section (1) by an addition to the general tax levied under this Act.]

Every addition to the general tax imposed under this sub-section shall be recovered by the Municipal

Commissioner from each person liable therefor in the same manner as the general tax due from him. The provisions of sections 147 and 148 shall apply to the education cess as if it were part of the general tax levied under this Act.

1. (3) The amount so recovered shall be credited to the municipal fund constituted under section 11. 14[195F. Payment to be made to Corporation in lieu of education cess by State Government.—
2. (1) With effect from the first day of April 1958 and in respect of the period during which the education cess is levied under section 195E, the State Government shall pay to the corporation annually, in lieu of the education cess from which buildings and lands vesting in the State Government are exempted by virtue of clause (b) of the proviso to sub-section (1) of section 195E (hereinafter in this section referred to as ‘the exempted buildings and lands’), a sum ascertained in the manner provided in sub-section (2).
3. (2) The sum to be paid annually to the Corporation by the State Government shall be eight-tenths of the amount which would be, or would have been, payable by an ordinary owner of buildings or lands in 15[Brihan Mumbai] on account of the education cess, on a rateable values 16[or the capital values, as Sub-sections (7) and (8) were repealed by Bom. 2 of 1934, s. 2. Section 195D was inserted by Bom. 20 of 1920, s. 2. The words “for such schemes of improvement or”, “for such schemes or” and “as the case may be” were omitted by Bom. 2 of 1934, s. 4(1). These words, figures, letter and brackets were substituted for the original words, figures, letters and brackets “(2) of section 195B,” by Mah. 2 of 1934, s. 4(2). The words “for such schemes of improvement or”, “for such schemes or” and “as the case may be” were omitted by Bom. 2 of 1934, s. 4(1). The words “for such schemes of improvement or”, “for such schemes or” and “as the case may be” were omitted by Bom. 2 of 1934, s. 4(1). This heading and sections 195E and 195F were inserted by Bom. 48 of 1950, s. 69. This sub-section was substituted for the original by Bom. 13 of 1958, s. 6(1). The words “with previous sanction of the State Government” were deleted by Mah. 20 of 1995, s. 3(a). These words were substituted for the words “not exceeding five” by Mah. 20 of 1995, s.3(b). These words were substituted for the portion beginning with the words “as the Corporation” and ending with the words “graduated scale” by Mah. 11 of 2009, s. 30(1). These words were inserted by Mah. 11 of 2009, s. 30(2). This portion was substituted for the original by Bom. 13 of 1958, s. 6(2). Section 195F was inserted by Bom. 6 of 1959, s. 4. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were inserted by Mah. 11 of 2009, s. 31(1).

210 The Mumbai Municipal Corporation Act [1888 : III

the case may be,] of the same amount as that fixed under sub-section (2)

1[or sub-section(2A)]of section 144 in respect of the exempted buildings and lands.]

2[Street Tax

195G. Street Tax.— (1) The Corporation may, for the purposes of clause (m) of section 61, levy

within its area, an additional tax on buildings and lands (hereinafter referred to as “the street tax”), of so many per centum, not exceeding fifteen, of their, rateable value

3[or of so many per centum of their

capital value, as the case may be,] as the

4[Standing Committee] may, from time to time determine: Provided that,—

1. (a) all buildings and lands vesting in the Central Government,
2. (b) all other buildings and lands exempted from the general tax under section 143,
3. (c) all buildings and lands of a rateable value 5[or the capital value, as the case may be,] below such sum as the corporation may determine, shall be exempted from the street tax.

1. (2) The corporation may require the Municipal Commissioner to recover the amount of the street tax determined under sub-section (1) by an addition to the general tax levied under this Act. Every addition to the general tax imposed under this sub-section shall be recovered by the Municipal Commissioner from each person liable therefor in the same manner as the general tax due from him. The provisions of sections 147 and 148 shall apply to the street tax as if it were part of the general tax levied under this Act.] Supplementary Taxation

196. Any tax imposable under this Act may be increased by way of imposing supplementary

taxation.— Wherever the corporation determine, under section 134, to have recourse to supplementary taxation in any official year, they shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied

6[* * *] but every such increase or

addition shall be made subject to the limitation and conditions on which any such tax is imposable. Collection of Taxes 197. Property taxes payable half yearly in advance.— Each of the property-taxes shall be payable in advance in half-yearly instalments on each first day of April and each first day of October

7[as specified in a bill served under section 200].

These words, brackets, figure and letter were inserted by Mah. 11 of 2009, s. 31(2). This heading and section 195G was inserted by Mah. 33 of 1989, s. 10. These words were inserted by Mah. 11 of 2009, s. 32(1). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 89. These words were inserted by Mah. 11 of 2009, s. 32(2). The words “or by adding to the number of articles on which octroi is being levied” were deleted by Mah. 42 of 2017, s. 8, w.e.f. 1 st July 2017. These words and figures were added by Mah. 11 of 2009, s. 33. Section 198 was deleted by Mah. 11 of 2002, s. 15. Section 199 was deleted by Mah. 42 of 2017, s. 9, w.e.f. 1 st July 2017.

1888 : III] The Mumbai Municipal Corporation Act 211

200.

1[Service] of bills for certain taxes.— (1) When any property tax

2[* * *] or

installment of any such tax, or shall have become due, the Commissioner shall, with the least practicable delay, cause to be

4[served] upon the person liable for the payment thereof a bill for the sum due.

1. (2) Every such bill shall specify the period for which, and the premises, 5[dog] in respect of which, the tax is charged and shall also give notice of the time within which appeal may be preferred, as hereinafter provided against such tax 6[* * *].

7[200A. Rebate in respect of advance payment of tax.— Notwithstanding anything contained in

this Act, the Corporation may, by general or special order give such rebate in the payment of property tax, as the Corporation may, from time to time decide, to any person, primarily liable for payment of the property tax, who pays such tax, before the date specified in the Bill for the purpose or, pays such tax for the entire year in advance, and different rates of rebate may be specified for different classes of user of the property.]

201. When one bill may be

8[served] for several claims.— (1) All the sums due for each half- year for all or any of the

9[* * *] property taxes by any one person on account of one and the same

property shall be charged to such person in one bill and shall be recoverable from him in the lump: Provided that, nothing herein contained shall affect the liability of such person to pay increased tax to which he may be assessed on account of the said property under section 167.

1. (2) If any one person is liable for all or any of the said taxes on account of more properties than one, it shall be competent to the Commissioner to charge to such person in one or several bills, as he shall think fit the several sums payable by him on account of such properties: Provided that, if such person, by written notice to the Commissioner, requests to be furnished with several bills, the Commissioner shall comply with such request in respect of all the said taxes for which such person becomes liable after receipt by the Commissioner of his said notice: 10[Provided however that, notwithstanding anything in the foregoing proviso no person shall be entitled to be furnished with more than one bill in respect of any building or land which has been treated as comprising more than one separate property under section 158.] 11[202. Levy of penalty on unpaid amount of bill.— The amount of first half-yearly tax as specified in the bill which has been served as aforesaid shall be paid within three months from the date of service of the bill and the second half-yearly tax as specified in the bill shall be paid before the 31 st December of each year; and if a person liable to pay tax does not pay the same as required as aforesaid,

then he shall be liable to pay by way of penalty in addition to the amount of such tax or part thereof

which has remained unpaid, a sum equal to two per cent. of such tax each month or part thereof after the last date by which he should have paid such tax and shall continue to be liable to pay such penalty until the full amount as per the bill is paid: Provided that, any property tax for which a bill is served under this Act before the date of commencement of the Mumbai Municipal Corporation (Third Amendment) Act, 2006 (Mah. XI of 2009) has remained unpaid in full or in part and no penalty thereon is levied under section 207A, a person who has not paid such tax shall be liable to pay penalty as provided under this section, on and from the date when the penalty could be levied but is not so levied.]

This word was substituted for the word “Presentation” by Bom. 20 of 1952, s. 7(2). The words “or tax on vehicles and animals other than vehicles and animals referred to in sub-sections (2) and (3) of section 198” were deleted by Mah. 11 of 2002, s. 16(a)(i). The word “any” was deleted by Mah. 11 of 2002, s. 16(a)(ii). This word was substituted for the words “presented to” by Bom. 20 of 1952, s. 7(i)(b). This word was substituted for the words “vehicle or animal” by Mah. 11 of 2002, s. 16(b)(i). The words “Every such bill for the payment of tax on vehicles and animals shall have printed on the reverse side of the bill the provisions of section 188 to 191” were deleted by Mah. 11 of 2002, s. 16(b)(ii). Section 200A was inserted by Mah. 7 of 2009, s. 3. This word was substituted for the word “presented” by Bom. 20 of 1952, s. 8. The word “three” was deleted by Mah. 11 of 2009, s. 34. The proviso was added by Bom. 2 of 1911, s. 9. Section 202 was substituted by Mah. 11 of 2009, s. 35.

212 The Mumbai Municipal Corporation Act [1888 : III

203.

1[Distress and attachment.]—

2[(1)] If the person liable for the payment of the

3[the tax for which a bill is served upon him and does not pay the tax together with penalty or interest or both as required under the provisions of this Act to pay the same], and if no appeal is preferred against the said tax, as hereinafter provided, such sum, with all costs of the recovery, may be levied under a warrant in the form of Schedule J, or to the like effect, to be issued by the Commissioner, by distress and sale of the goods and chattels of the defaulter

4[or, the attachment and sale of the immovable property of the defaulter,] or, if the defaulter be the occupier of any premises in respect of which a property-tax is due, by distress and sale of any goods and chattels found on the said premises

6[(2) Where the person liable to pay the tax according to the bill served upon him pays the tax as required under the provisions of this Act but does not pay the amount of penalty or interest or both either in whole or in part as may be due on the unpaid amount of tax, for such amount which has remained unpaid, a warrant in the form of Schedule J, mutatis mutandis, may be issued by the Commissioner in the same manner as if such sums were due on account of the tax.]

7[(3) When a warrant is issued for the attachment and sale of immovable property the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefits from such transfer or charge, and declaring that such property will be sold unless the amount of

8[tax due, penalty or interest or both, if any, due and payable together] with all costs of recovery is paid into the municipal office within

9[twenty-one days].

10[(4) Such order shall be proclaimed by fixing at some conspicuous part of the property and upon

a conspicuous part of the municipal office and also, when the property is land, paying revenue to the

State Government, in the office of the Collector.]

1. (5) Any transfer of or charge on the property attached or any interest therein made without the written permission of the Commissioner shall be void as against all claims of the Corporation enforceable under the attachment.]

11[* * * *] for levy of which a warrant has been issued as

aforesaid may be distrained wherever the same may be found.

205. Inventory and notice of distress and sale.— The officer charged with the execution of a

warrant of distress issued under section 203 shall forthwith make an inventory of the goods and chattels

12[* * * *] which he seizes under such warrant, and shall at the same time give a written notice in the

form of Schedule K

13[or in a similar form] to the person in possession thereof at the time of seizure that the said goods and chattles

14[* * * *] will be sold as therein mentioned.

15[206. Sale.— (1) Where the property seized is subject to speedy and natural decay or when the

expenses of keeping it in custody together with the amount to be levied is likely to exceed its value, the Commissioner shall at once give notice to the person in whose possession the property was, when

These words were substituted for the word “Distress” by Bom. 64 of 1953, s. 6(3). Section 203 was numbered as sub-section (1) of section 203 by Bom. 8 of 1918, s. 4. This portion was substituted for the portion beginning with the words “the said tax” and ending with the words “satisfaction of the Commissioner” by Mah. 11 of 2009, s. 36(1)(a). These words were inserted by Bom. 64 of 1953, s. 6(1). The words “or if the tax be due in respect of any vehicle or animal, by distress and sale of such vehicle or animal in whatsoever’s ownership, possession or control, as the case may be” were deleted by Mah. 11 of 2002, s. 17. Sub-section (2) was substituted by Mah. 11 of 2009, s. 36(2). Sub-sections (3) to (5) were inserted by Bom. 64 of 1953, s. 6(2). These words were substituted for the words “tax due” by Mah. 11 of 2009, s. 36(3)(b). These words were substituted for the figures and words “15 days” by Mah. 11 of 2009, s. 36(3)(b). Sub-section (4) was substituted by Mah. 11 of 2009, s. 36(4). The words “or the vehicles or animals in respect of which tax is due” were deleted by Mah. 11 of 2002, s. 18. The words “and vehicle, animal” were deleted by Mah. 11 of 2002, s. 19. These words were inserted by Bom. 8 of 1942 read with Bom. 8 of 1948, s. 3. The words “and vehicles or animals” were deleted by Mah. 11 of 2009, s. 37. This section was substituted for the original by Bom. 64 of 1953, s. 7.

1888 : III] The Mumbai Municipal Corporation Act 213

distrained, to the effect that it will be sold at once, and shall sell it accordingly unless the sum due and all costs recovery are paid forthwith.

1. (2) If not sold at once under sub-section (1), the property distrained or attached or, in the case of immovable property, sufficient portion thereof, if the same can be conveniently severed may, after the expiry of the period stated in sub-section (3) of section 203, or named in the notice served under section 205, as the case may be, be sold by public auction 1[, or by auction inviting sealed bids] by order of the Commissioner, unless the Warrant is suspended by him or the sum due and all costs of recovery are paid by the defaulter, and the Commissioner shall apply the proceeds or such part thereof as shall be requisite in discharge of the sum due and the costs of recovery.
2. (3) The surplus, if any, shall be forthwith credited to the municipal fund but if the same be claimed by a written application to the Commissioner within one year from the date of the sale, a refund thereof shall be made to the person in possession of the property at the time of seizure or attachment and any surplus not claimed within one year as aforesaid shall be the property of the Corporation.
3. (4) Where the sum due and all costs of recovery are paid by the defaulter before a sale is effected, the property seized shall be returned to him and the attachment, if any, of immovable property, shall be deemed to have been removed.
4. (5) Sales of immovable property under this section shall be held in the manner laid down in the regulations 2[made by the Commissioner in this behalf with the approval of the Standing Committee.]
5. (6) After the sale of the immovable property as aforesaid, the Commissioner shall put the person declared to be the purchaser in possession of the same and shall grant him a certificate to the effect that he has purchased the property to which the certificate refers.
6. (7) It shall be lawful for the Commissioner on behalf of the Corporation to bid in the case of any immovable property put up for sale, provided the previous approval of 3[the Improvements Committee] is obtained whether generally or for any particular property.
7. (8) Subject to sub-section (7), on officer or servant in the service of the Corporation shall directly or indirectly purchase any property at any such sale.
8. (9) The Commissioner may direct the removal from the immovable property by any police officer of any person who obstructs him in any action taken in pursuance of sub-section (6) and may also use such force as is reasonably necessary to effect entry on the said property.]

4[207. Fees for warrants, distraints and attachments and maintenance of animals seized.—

1. (1) For every warrant issued and distraint or attachment made under this Act, a fee shall be charged at such rates, as 5[the Standing Committee] may, from time to time, specify.
2. (2) For the maintenance of any animal seized under this Act, a fee shall be charged at such rate as 6[the Standing Committee] may, from time to time, specify.
3. (3) In addition to the fees chargeable under sub-section (1) or (2), when peons are kept incharge of the distrained property, a fee of 7[rupees fifty] per day, for each peon employed shall be charged.
4. (4) All fees charged under this section shall be include in the costs of recovery.

207A. [Penalty]. Deleted by Mah. 11 of 2009, s. 39.

These words were inserted by Mah. 11 of 2009, s. 38. These words, were substituted for the words “made by the Mayor-in-Council” by Mah. 27 of 1999, s. 90(a). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 90(b). Section 207 was substituted for the original by Mah. 42 of 1976, s. 8. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 91. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 91. These words were substituted for the words “rupees ten” by Mah. 10 of 1998, s. 109(b).

1[and penalty may be remitted].— The

2[Commissioner may, in his discretion, remit the whole or any part

3[of any penalty payable under section 202 or of any fee chargeable under section 207 or of any penalty payable under section 207A as it existed before the commencement of the Mumbai Municipal Corporation (Third Amendment) Act, 2006 (Mah. XI of 2009)]. 208A.

4[Seizure of vehicles and animals if tax on vehicles and animals not paid and number plate not obtained]. Deleted by Mah. 11 of 2002, s. 20.

209. When occupiers may be held liable for payment of property taxes.— (1) If the sum due

on account of any property-tax remains unpaid after a bill for the same has been duly

5[served on] the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may

6[serve a bill for the amount on] the occupier of the said premises, or, if there are two or more occupiers thereof may

7[serve a bill on] each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.

8[(1A) Notwithstanding anything contained in sub-section (1), on and from the date of adoption of capital value as the base for levy of property taxes under section 140A, but subject to the other provision of this Act, the Commissioner may serve a bill for the amount of property tax on such occupier of the said premises, or, if there are two or more such occupiers thereof, may serve a bill on each of them for such portion of the sum due as bears to the whole amount of tax based on the capital value, due in the same ratio which the capital value, of such portion of the premises of the occupier or occupiers bears to the aggregate amount of the tax based on the capital value, in respect of the said premises.]

1. (2) If the occupier or any of the occupiers fails within 9[thirty days] from the 10[service] of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the foregoing provisions.
2. (3) No arrear of a property tax shall be recovered from any occupier under this section 11[*****] which is due on account of any period for which the occupier not in occupation of the premises on which the tax is assessed.
3. (4) If any sum is paid by or credit therefor in account with the person primarily liable for the payment of the same.

12[209A. When tenant-members may be held liable for payment of property- taxes due from

co-operative housing societies.— (1) Notwithstanding anything contained in the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961) or any other law for the time being in force, if any sum due on account of any property tax, in respect of any property owned by a co-operative housing society registered under that Act, remains unpaid, after a bill for the same has been duly served on the society primarily liable for the payment thereof, the Commissioner may serve a bill on each of the tenant- members of the society for such portion of the sum due as bears to the whole amount due the same ratio which the rent estimated

13[or the amount of tax based on capital value, as the case may be,] under section

These words were inserted by Bom. 64 of 1953, s. 10(1). These words were substituted for the words “The Commissioner may, subject to general guidelines, if any, issued by the Mayor- in-Council” by Mah. 27 of 1999, s. 92. This portion was substituted for the portion beginning with the words “of any fee” and ending with the word, figures and letter “section 207A” by Mah. 11 of 2009, s. 40. These words were inserted by Bom. 64 of 1953, s. 10(1). These words were substituted for the words “presented to” by Bom. 20 of 1952, s. 11(1). These words were substituted for the words “present a bill for the amount to” by Bom. 20 of 1952. These words were substituted for the words “present a bill to” by Bom. 20 of 1952. Sub-section (1A) was inserted by Mah. 11 of 2009, s. 41(1). These words were substituted for the words “fifteen days” by Mah. 11 of 2009. s. 41(2). This word was substituted for the word “presentation” by Bom. 20 of 1952, s.11(2). The words “which has remained due for more than one year, or” were deleted by Mah. 11 of 2009, s. 41(3). Section 209A was inserted by Mah. 63 of 1975, s. 4. These words were inserted by Mah. 11 of 2009, s. 42(1)(a).

1888 : III] The Mumbai Municipal Corporation Act 215

154 in respect of his tenement bears to the aggregate amount of estimated rent

1[or the amount of tax based on capital value, as the case may be,] for the whole property.

1. (2) If the tenant-member fails within 2[thirty days] from the service of any such bill to pay the amount therein claimed, the same amount may be recovered from him as if the amount were a property tax due by him.
2. (3) If any sum is paid by or recovered from, a tenant-member under this section he shall be entitled to credit thereof in account with the society primarily liable for the payment of the same. Explanation.—For the purposes of this section, the expression “tenant member” in the case of a tenant co-partnership co-operative housing society, means a member of such society to whom a tenement has been allotted by the society in the building owned by it.] 3[209B. When joint owners of property may be held liable severally for payment of property tax due from them.— (1) Notwithstanding anything contained in this Act or any other law for the time being in force, if any property taxes jointly due in respect of any property jointly owned by two or more persons remains unpaid, after a bill for the same has duly been served upon them jointly, the Commissioner may serve a bill on each of the joint owners for payment of his share of the taxes due in respect of such property. The amount of the tax due from each joint owner shall be worked out with reference to the rateable value 4[or the capital value, as the case may be,] of that part of the property as is owned by him.
3. (2) If any of the joint owners fails to pay the amount claimed within 5[thirty days] from the service of any such bill, the same may be recovered from him as if the amount were a property tax due by him.
4. (3) If any sum is paid by or recovered from any of the owners under this section he shall be entitled to credit thereof in account of the joint owners primarily liable for the payment of the same.] 210. Summary proceedings may be taken against persons about to leave 6[Brihan Mumbai].—
5. (1) If the Commissioner shall at any time have reason to believe that any person from whom any sum is due on account of any property tax 7[* * * * * *] 8[or theatre tax]

9[* * *] is about forthwith

to remove from

10[Brihan Mumbai] the Commissioner may direct the immediate payment by such person of the sum so due

11[* * *] by him and cause a bill for the same to be

12[served on] him.

1. (2) If, on 13[service] of such bill, the said person do not forthwith pay the sum due 14[* * * *] by him, the amount shall be leviable by distress and sale in the manner herein before prescribed 15[* * * * * * * * * *] and the Commissioner’s warrant for distress and sale may be issued and executed without any delay. 211. Defaulters may be sued for arrears, if necessary.— Instead of proceeding against a defaulter by distress and sale as herein before provide, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a property tax 16[* * * * * * *] may be recovered from him by a suit in any court of competent jurisdiction. These words were inserted, by Mah. 11 of 2009, s. 42(1)(b). These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 42(2). Section 209B was inserted by Mah. 10 of 1998, s. 111. These words were inserted by Mah. 11 of 2009, s. 43(1). These words were substituted for the words “fifteen days”, by Mah. 11 of 2009, s. 43(2). These words substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “or tax on vehicles and animals” were deleted by Mah. 11 of 2002, s. 21 and 22. These words were inserted by Bom. 30 of 1951, s. 4. Words deleted by s. 16 of Bom. 8 of 1942, read with Bom. 8 of 1948, s. 3 are omitted. These words substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Words deleted by s. 16 of Bom. 8 of 1942, read with Bom. 8 of 1948, s. 3 are omitted. These words were substituted for the words “presented to” by Bom. 20 of 1952, s. 12(1). This word was substituted for the word “presentation” by Bom. 20 of 1952, 12(2). Words deleted by s. 16 of Bom. 8 of 1942, read with Bom. 8 of 1948, s. 3 are omitted. The words “except that it shall not be necessary to serve upon the defaulter any notice of demand,” were deleted by Mah. 11 of 2009, s. 44. The words “or of the tax on vehicles and animals” were deleted by Mah. 11 of 2002, s. 21 and 22.

tax due under this Act in respect of any building or land shall, subject to the prior payment of the land- revenue, if any, due to

1[the

2[State] Government thereupon be a first charge

3[in the case of any building or land held] immediately from the

4[Government] upon the interest in such building or land of the person liable for such taxes and upon the goods and chattels, if any, found within or upon such building or land, and belonging to such person; and, in the case of any other building or land, upon the said building or land and upon the goods and chattels, if any, found within or upon such building or land and belonging to the person liable for such taxes.

s. 17. 216. Writing-off of irrecoverable taxes.— The Commissioner may, with approval of the Standing Committee, from time to time write off any sum due on account of any tax or of the costs of recovering any tax, which shall, in his opinion, be irrecoverable.

6[216A. Special provision for facility for payment of property taxes.— Any person who is liable to pay amount of taxes or any other dues under this Act may avail himself of the facility of making payment thereof in any bank or to any agency specified by the Corporation in this behalf by giving a public notice in two leading newspapers circulating within the area of jurisdiction of the Corporation; and the person availing himself of such facility shall be liable to pay such fees in respect thereof to such bank or agency, as the case may be, as may be determined by the Commissioner.]

7[216A. Power of Corporation to grant rebate for payment of arrears of tax.— Notwithstanding anything contained in section 216 or any other provisions of this Act, the Corporation may, grant such rebate, as may be approved by the State Government, to any person or class of persons, primarily liable for payment of property tax, who pays the amount of arrears of the property tax, as per the Schedule of payment fixed by the Corporation.]

8[216B. Power to assess in cases of escape from assessment.— Notwithstanding anything to the

contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Chapter has escaped assessment in any year, the Commissioner may, at anytime within six years from the date on which such person should have been assessed, serve on such person a notice assessing him to the tax or fee due and demanding payment thereon within 15 days from the date of such service; and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if assessment was made in the year to which the tax or fee relates.] Appeals against Valuations and Taxes

9[217. Appeals when and to whom to lie.— (1) Subject to the provisions hereinafter contained,

appeals against any rateable value

10[or the capital value, as the case may be,] or tax fixed or charged under this Act shall be heard and determined; by the Chief Judge of the Small Cause Court.

The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Bom. 1 of 1942, s. 2, read with Bom. 8 of 1948, s. 2. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. Section 213 was deleted by Mah. 42 of 2017, s. 10, w.e.f. 1 st July 2017. This section was inserted by Mah. 11 of 2009, s. 45. This section was inserted by Mah. 7 of 2009, s. 4. Section 216B was inserted by Mah. 11 of 2011, s. 6. As to reference by the Chief Judge of the Court of Small Causes to High Court or on the hearing of an appeal under section 217, see Act 12 of 1888, s. 2. These words were inserted by Mah. 11 of 2009, s. 46(1).

1888 : III] The Mumbai Municipal Corporation Act 217

1. (2) But no such appeal by the Chief Judge of the Small Cause Court, 1[shall be entertained] by the said Chief Judge, unless—
   • (a) it is brought within 2[twenty-one days] after the accrual of the cause of complaint;
   • (b) in the case of an appeal against a rateable value 3[or the capital value, as the case may be,] a complaint has previously been made to the Commissioner under section 163, as such complaint has been disposed of;
   • (c) in the case of an appeal against any amendment made in the assessment book under section 167 during the official year, a complaint has been made by the person aggrieved within 4[twenty- one days] after the first received notice of such amendment, and his complaint has been disposed of ;
   • (d) in the case of an appeal against a tax, or in the case of an appeal made against rateable value 5[or the capital value, as the case may be] 6[the amount of the disputed tax claimed the appellant, or the amount of the tax chargeable on the basis of the disputed rateable value 7[or the capital value, as the case may be] upto the date of filing of the appeal, has been deposited by the appellant with the Commissioner 8[and such appeal is accompanied by a receipt of the full amount of tax to which appeal relates]]. 9[(2A) Where the appeal is not filed in accordance with the provisions of clauses (a) to (d) of sub-section (2), it shall be liable to be dismissed.] 10[(3) In the case of any appeal entertained by the Chief Judge, but not heard by him, before the date of commencement of the Maharashtra Municipal Corporation (Amendment) Act, 1975 (Mah. LXIII of 1975), the Chief Judge shall not hear and decide such appeal, unless the amount of the dispute tax claimed from the appellant, or the amount of the tax chargeable on the basis of the disputed rateable value, as the case may be, up to the date of filling the appeal, has been deposited by the appellant with the Commissioner within thirty days from the date of publication of a general notice by the Commissioner in this behalf in the local newspapers. The Commissioner shall simultaneously serve on each appellant a notice under sections 484 and 485 and other relevant provisions of this Act, for intimating the amount to be deposited by the appellant with him.
2. (4) As far as possible, within fifteen days from the expiry of the period of thirty days prescribed under sub-section (3) the Commissioner shall intimate to the Chief Judge the names and other particulars of the appellants who have deposited with him the required amount within the prescribed period and the names and other particulars of the appellants who have not deposited with him such amount within such period. On receipt of such intimation, the Chief Judge shall summarily dismiss the appeal of any appellant who has not deposited the required amount with the Commissioner within the prescribed period. 11[(5) In the case of any appeal against any rateable value or property tax fixed or charged under this Act, which may have been entertained by Chief Judge before the commencement of the Act

aforesaid, or which may be entertained by him after the said date, the Chief Judge shall not hear and

decide such appeal unless the property tax, if any payable, on the basis of the original rateable value plus eighty per centum of the property tax claimed from the appellant on the increased portion of the rateable value of the property out of the property tax claimed under each of the bill, which may have been issued, from time to time, since the filling of appeal, is also deposited with the Commissioner within the period prescribed under the Act. In case of default by the appellant, on getting an intimation to that effect from

These words were subsuited for the words “shall be heard” by Mah. 63 of 1975, s. 5(a)(i). These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 46(2)(a). These words were inserted by Mah. 11 of 2009, s. 46(2)(b). These words were substituted for the words “fifteen days” by Mah. 11 of 2009, s. 46(2)(c). These words were inserted by Mah. 11 of 2009, s. 46(2)(d)(i). This portion was substituted for the portion begining with the words “after a bill” and ending with the words “with the Commissioner” by Mah. 63 of 1975, s. 5(a)(ii). These words were inserted by Mah. 11 of 2009, s. 46(2)(d)(i). These words were inserted by Mah. 11 of 2009, s. 46(2)(d)(ii). Sub-section (2A) was inserted by Mah. 11 of 2009, s. 46(3). Sub-sections (3), (4) and (5) were inserted by Mah. 63 of 1975, s. 5(b). Sub-section (5) was substituted by Mah. 10 of 1998, s. 113.

218 The Mumbai Municipal Corporation Act [1888 : III

the Commissioner, at any time before the appeal is decided, the Chief Judge shall summarily dismiss the appeal: Provided that, in case the appeal is decided in favour of the Corporation, interest at 6.25 per centum per annum shall be payable by the applicant on the balance amount of the property tax from the date on which the amount of property tax was payable: Provided further that, in case the appeal is decided in favour of the applicant and the amount of the property tax deposited with the Corporation is more than the property tax payable him, the Commissioner shall adjust the excess amount of the property tax with interest at 6.25 per centum per annum for the date on which the amount is deposited with the Corporation towards the property taxes payable thereafter.]]

218. Cause of complaint when to be deemed to have accrued.— For the purposes of the last

preceding section, cause of complaint shall be deemed to have accrued as follows, namely:—

1. (a) in the case of an appeal against a rateable value 1[or the capital value, as the case may be,] on the date when the complaint made to the Commissioner under section 163 against such value is disposited of;
2. (b) in the case of an appeal against any amendment made in assessment-book under section 167, during the official year, on the day when the complaint made to the Commissioner by the person aggrieved against such amendment is disposed of;
3. (c) in the case of an appeal against a tax, on the day when payment thereof is demanded or when a bill thereof is 2[served]. 3[218A. Arbitration.— Where in any appeal under section 217 all the parties interested agree that

order of reference on such matter and on such application being made, the provisions of

4[the Arbitration and Conciliation Act, 1996 (26 of 1996)] relating to arbitration in suits shall, so far as they can be made applicable, apply to such applicant and the proceeding to follow thereon, as if the said Chief Judge were a Court within the meaning of that Act and the application were an application made in a suit.]

5[218B. Appointment of expert valuer.— If any party to an appeal against a rateable value under section 217 make an application to the Chief Judge of the Small Cause Court either before the hearing of the appeal or at any time during the hearing of the appeal, but before evidence as to value has been adduced, to direct a valuation of any premises in relation to which the appeal is made, the Chief Judge may, in his discretion, appoint a competent person to make the valuation and any person so appointed shall have power to enter on, survey and value the premises in respect of which the direction is given: Provided that, except when the application is made by the Commissioner no such direction shall be made by the Chief Judge unless the applicant gives such security as the Chief Judge thinks proper for the payment of the costs of valuation under this sub-section.

1. (2) The costs incurred for valuation under sub-section (1) shall be costs of the appeal, but shall be payable in the first instance by the applicant.
2. (3) The Chief Judge may, and on the application of any party to the appeal shall, call as a witness the person appointed under sub-section (1) for making the valuation and, when he is so called, any party to the appeal shall be entitled to cross-examine him.]

6[218BA. Section 218B not to have effect.— On and from the date of adoption of capital value

as the base, for levy of property taxes under section 140A, the provisions of section 218B shall cease to have effect.]

These words were inserted by Mah. 11 of 2009, s. 47. This word was substituted for the word “presented” by Bom. 20 of 1952, s. 14. Sections 218A, 218B, 218C, 218D and 218E were inserted by Bom. 76 of 1948, s. 23. These words and figure were substituted for the words and figure “the Arbitration Act, 1940” by Mah. 10 of 1998, s. 114. Sections 218A, 218B, 218C, 218D and 218E were inserted by Bom. 76 of 1948, s. 23. Section 218BA was inserted by Mah. 11 of 2009, s. 48.

1888 : III] The Mumbai Municipal Corporation Act 219

1[218C. Reference to High Court.— (1) If, before or on the hearing of an appeal under section

217, any question of law or usage having the force of law, or the construction of a document arises, the Chief Judge of the Small Cause Court may, and on the application of any party to the appeal shall, draw up a statement of the facts of the case and the question so arising, and refer the statement with his own opinion on the point for the decision of the High Court.

1. (2) Where a reference is made to the High Court under sub-section (1), the provision of rules 2 to 5, both inclusive, of Order XLVI in the First Schedule to the Code of Civil Procedure, 1908 (V of 1908), shall, so far as they can be made applicable apply to the said Chief Judge and to the High Court, respectively.]

2[218D. Appeals.— (1) An appeal shall lie to the High Court—

1. (a) from any decision of the Chief Judge of the Small Cause Court in an appeal under section 217 by which a rateable value 3[or the capital value, as the case may be,] is fixed, and
2. (b) from any other decision of the said Chief Judge in an appeal under the said section, upon a question of law or usage having the force of law or the construction of a document.

1. (2) The provisions of the Code of Civil Procedure, 1908 (V of 1908), with respect to appeals from original decrees shall, so far as they can be made applicable apply to appeals under sub-section (1) and orders passed therein by the High Court may on application to the said Chief Judge be executed by him as if they were decrees made by himself: Provided that, no such appeal shall be heard by the High Court unless it is filed within one month from the date of the decision of the Chief Judge.]

4[218E. Cost of proceedings in appeal.— The costs of all proceedings in appeal under section

217 before the Chief Judge of Small Cause Court including those of arbitration under section 218A and of valuation under section 218B shall be payable by such parties in such proportion as the Chief Judge of the Small Cause Court shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of the Small Cause Court.]

219. Unappealed values and taxes and decision to appeal to be final.— (1) Every reteable value

5[or the capital value, as the case may be,] fixed under this Act against which no complaint is made as hereinbefore provided, and the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as hereinbefore provided, and the decision of the Chief Judge aforesaid upon any appeal against any such value or tax

6[if no

appeal is made therefrom under section 218D], shall be final.

1. (2) Effect shall be given by the Commissioner to every decision of the said Chief Judge on any appeal against any such value or tax. 7[219A. Assessment subject to valuation or revision by Municipal Property Tax Board.—
2. (1) Notwithstanding anything contained in sections 217, 218, 218A, 218B, 218BA, 218C, 218D, 218E and 219, every rateable value or the capital value, as the case may be, shall be subject to the valuation or revision by the Maharashtra Municipal Property Tax Board established under section 3 of the Sections 218A, 218B, 218C, 218D and 218E were inserted by Bom. 76 of 1948, s. 23. Sections 218A, 218B, 218C, 218D and 218E were inserted by Bom. 76 of 1948, s. 23. These words were substituted for the words “in excess of two thousand rupees” by Mah. 11 of 2009, s. 49. Sections 218A, 218B, 218C, 218D and 218E were inserted by Bom. 76 of 1948, s. 23. These words were inserted by Mah. 11 of 2009, s. 49. This portion was inserted by Bom. 76 of 1948, s. 24. This section was inserted by Mah. 14 of 2011, Schedule Para I.

220 The Mumbai Municipal Corporation Act [1888 : III

Maharashtra Municipal Property Tax Board Act, 2011 (Mah. XIV of 2011) (hereinafter referred to as “the Municipal Property Tax Board”).

1. (2) Notwithstanding anything contained in this Act, no appeal against rateable value or the capital value, as the case may be, or tax fixed or charged under this Act shall lie to the Chief Judge of the Small Causes Court, when the subject matter of such rateable value, or the capital value or tax fixed or charged under this Act is under consideration of the Municipal Property Tax Board and where any such appeal is already preferred or reference under section 218C is already made, the same shall, upon proceedings being initiated by the Board, stand transferred to and be dealt with by the Municipal Property Tax Board.] 1[ 2[219AB]. Certain provisions to have overriding effect.— The provisions of sections 128, 140A, 154A, 156 and 168, as amended by the Maharashtra Municipal Corporations and Municipal Councils (Third Amendment) Act, 2010 (Mah. XXVII of 2010) 3[the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2011 (Mah. XI of 2011) or the Mumbai Municipal Corporation and the Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act, 2012 (Mah. VI of 2012), as the case may be], shall have effect notwithstanding anything inconsistent contained in Chapter VIII or in any other provisions of this Act, or in any judgment, decree or order of any court.]

Municipal Drains

220. Municipal drains to be under the control of the Commissioner.— All drains

4[vesting in or] belonging to the corporation-which in this Act are referred to as “Municipal drains”–shall be under the control of the Commissioner.

5[220A. Vesting of water courses.— (1) Any natural water-course heretofore belonging to

6[Government] by which rain water or drainage of any kind is carried, may, on application to

7[the

8[State] Government] made by the Commissioner with the previous approval of the

9[Standing Committee] be vested in the corporation, Provided that—

1. (a) it shall be in the discretion of 10[the 11[State] Government] in each case to determine whether a particular water-course so applied for shall be so vested, and
2. (b) a resolution of 12[the 13[State] Government] declaring that a water-course so applied for may be made over to the corporation shall, from the date thereof, operate to vest such water-course in the corporation. 221. Drains to be constructed and kept in repair by the Commissioner.—

14[(1) The

commissioner shall maintain and keep in repair all municipal drains and, when authorised by the

This section was inserted by Mah. 27 of 2010, s. 9. This section was re-numbered by Mah. 6 of 2012, s. 10. These words, brackets and figures were substituted by Mah. 6 of 2012, s. 10. These words were inserted by Bom. 5 of 1905, s. 10. Section 220A was added by Bom. 5 of 1905, s. 11. This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Mayor-in-council” by Mah. 27 of 1999, s. 94. The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Section 221 was re-numbered as section 221, sub-section (1), by Bom. 5 of 1905, s. 12(1).

1888 : III] The Mumbai Municipal Corporation Act 221

corporation in this behalf, shall construct such new drains as shall from time to time be necessary for effectually draining

1[Brihan Mumbai.]

2[(2) The Commissioner shall also, in the case of any street in which there is a municipal drain,

construct at the charge of the municipal fund such portion of the drain of any premises to be connected with such municipal drain as it shall be necessary to lay under any part of such street and the portion of any connecting drain so laid under the street shall vest in the corporation and be maintained and kept in repair by the Commissioner as a Municipal drain.]

222. Powers for making drains.— (1) The Commissioner may carry any Municipal drain through,

across or under any street, or any place laid out as or intended for a street; or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within

3[Brihan Mumbai], or, for the purpose of out fall or distribution of sewage without

4[Brihan Mumbai].

1. (2) The Commissioner may enter upon, and construct any new drain in the place of an existing drain, in any land wherein any municipal drain has been already lawfully constructed or repair or alter any municipal drain so constructed.
2. (3) In the exercise of any power under this section, as little damage as can be, shall be done, and compensation shall be paid by the Commissioner to any person who sustains damage by the exercise of such power.

223. Buildings, etc., not to be erected without permission over drains.— (1) Without the written

permission of the Commissioner no building wall or other structure shall be newly erected, and no street or railway shall be constructed over any municipal drain.

1. (2) If any building wall or other structure be so erected or any street or railway be so constructed, the Commissioner may, with the approval of the 5[Standing Committee], remove or otherwise deal with the same as he shall think fit, and the expenses thereby incurred shall be paid by the person offending.

224. Alteration and discontinuance of drains.— (1) The Commissioner may enlarge, arch over

or otherwise improve any Municipal drain, and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary.

1. (2) Provided that the discontinuance, closing up or destruction of any drain shall be so done as to create the least practicable nuisance or inconvenience to any person and, of by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be provide for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed.

225. Cleansing drains.— (1) The Municipal drains shall be so constructed, maintained and kept

as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and emptied.

1. (2) For the purpose of flushing, cleansing and emptying the said drains, the Commissioner may, when authorised by the corporation in this behalf, construct or set up such reservoirs, sluices, engines and other works, as he shall from time to time deem necessary.

6[226. Powers of Commissioner to dig, construct and maintain tunnels below any land and to

undertake related works for carrying sewage or storm water.— (1) For the purpose of carrying sewage or storm water, the Commissioner may dig, construct and maintain a tunnel or tunnels below any land, whether such land is built upon or is vacant, and undertake related works and do such other acts as he deems necessary for digging, construction and maintaining such tunnel or tunnels and undertaking other related works.

These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Sub-section (2) was inserted by Bom. 5 of 1905, s. 12(2). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 95. Sections 226 and 226A which were repealed by Bom. 5 of 1905, were inserted by Mah. 37 of 1987, s. 7.

222 The Mumbai Municipal Corporation Act [1888 : III

1. (2) Before digging and construction of any tunnel, or any other related work is undertaken, by the Commissioner under sub-section (1), he shall cause to be published in the local newspapers in English, Marathi, Hindi, Gujrati and Urdu a notice-intimating his intention to dig, construct and maintain such tunnel and to undertake and maintain other related work. Such notice shall indicate the alignment and the depth and the length and circumference of the tunnel and the buildings under which such tunnel is proposed to be constructed and maintained and other related works such are proposed to be undertaken and maintained. Such notice shall also specify the date, which shall not be earlier than sixty days from the date of its publication in the local newspapers, on or after which the digging and construction of the tunnel is proposed to be started or such related work is proposed to be undertaken: Provided that, simultaneously with the publication of such notice in the newspapers the Commissioner shall, by a notice served in the manner provided in sections 484 and 485, call upon the owner of, or any other person, who in the opinion of the Commissioner, may be interested in the land below which such tunnel is to be dug and constructed or such related work is to be undertaken, to show cause within thirty days from the date of its publication in the local newspapers, why such tunnel should not be constructed and such related work should not be undertaken. After considering the cause, if any, shown by the owner of or such other person interested in, such land, and after giving a reasonable opportunity to the person concerned of being heard, the Commissioner may pass such orders as he deems fit.
2. (3) Any person aggrieved by any order passed by the Commissioner under sub-section (2), may within thirty days from the receipt of such order refer the matter for the decision of the Chief Judge of the Small Cause Court, whose decision shall be final and shall not be called in question in any suit or other legal proceeding in any Court: Provided that, the Chief Judge shall not entertain any such reference which is not made to him within the period specified in this sub-section and he shall summarily dismiss such reference.
3. (4) Where a reference is made to the Chief Judge under sub-section (3) within the specified period and a notice thereof is served by the party concerned on the Commissioner, the Commissioner shall not commence the digging and construction of the tunnel or undertake any related work, unless the Chief Judge has summarily dismissed such reference or has decided the reference and allowed the digging and construction of such tunnel and undertaking of such related work.

226A. Provision for payment of amount for any damage sustained by reason of powers to

construct tunnels, etc., under last preceding section.— (1) In exercise of the powers conferred by the last preceding section, as little damage as possible shall be done, and when the Commissioner has exercised those powers in respect of any property, other than the property vested in or belonging to the Government or any local authority, the Commissioner shall, after giving a reasonable opportunity to the person concerned of being heard by order determine the amount payable to them, or any damage sustained by them by reason of the exercise of those powers.

1. (2) Any person aggrieved by any order passed by the Commissioner under sub-section (1) may, within thirty days from the receipt of such order, refer the matter for the decision of the Chief Judge of the Small Cause Court, whose decision shall be final and shall not be called in question in any suit, or other legal proceeding in any Court:

Provided that, the Chief Judge shall not entertain any such reference, which is not made to him

within the period specified in this sub-section and he shall summarily dismiss such reference.

1. (3) Nothing contained in sub-sections (1) and (2) shall debar or prevent the Commissioner from continuing the digging, construction and maintenance of the tunnel or any other related work which he has undertaken in accordance with the decision of the Chief Judge under the last preceding section]. Drains of & Private Streets and Drainage of Premises

227. Power to connect drains of private streets with municipal drains.— The owner of a private

street shall be entitled to connect the drain of such street with a municipal drain, subject to the following conditions, namely:—

1. (a) before commencing to construct such drain, the owner of the street shall submit to the Commissioner a plan of the street, bearing the signature of a licenced surveyor in token of its having been made by him or under his supervision, and drawn, to such a convenient scale as the

1888 : III] The Mumbai Municipal Corporation Act 223

Commissioner shall require, and there shall be shown on such plan the position, course and dimensions of the proposed drain, with a section or sections thereof, and such other particulars in relation thereto as the Commissioner shall deem necessary and require, and no such drain shall be proceeded with, without the approval in writing or contrary to the direction of the Commissioner;

1. (b) the drain of such private street shall, at the expense of the owner of the street be constructed of such size, material and description and be branched into the municipal drain in such manner and

form of communication, in all respect as the Commissioner, with the approval of the

1[Standing Committee] shall direct;

1. (c) the Commissioner may, if he thinks fit, construct such part of such drain and such part of the work necessary for branching the same into the municipal drain as shall be in or under any public street or place vesting in the corporation and, in such case, the expenses incurred by the Commissioner shall be paid by the owner of the private street.

228. Power of owners and occupiers of premises to drain into municipal drains.— The owner

or occupier of any premises shall be entitled to cause his drain, to empty into a municipal drain

2[or other place legally set apart for the discharge of drainage,] provided that he first obtains the written permission of the Commissioner and that he complies with such conditions as the Commissioner prescribes as to the mode in which and superintendence under which

3[connections with municipal drains or other places aforesaid] are to be made.

229. Connections with municipal drains not to be made except in conformity with section 227

or 228.— No person shall, without complying with the provisions of section 227 or 228, as the case may be, make or cause to be made any connection of a drain, belonging to himself or to some other person with any municipal drain

4[or the place legally set apart for the discharge of drainage]; and the Commissioner may

5[* * *] close, demolish, alter or re-make any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person of offending.

6[229A. Buildings etc., not to be erected without permission over any drains.— (1) Without

the written permission of the Commissioner no building wall or other structure shall be newly erected over any drain.

1. (2) If any building, wall or other structure be so erected, the Commissioner, after giving the offending person ten days’ notice of his intention, may 7[* * *] remove or otherwise deal with the same as he shall think fit, and the expenses thereby incurred shall be paid by the person offending.]

230. Right of owners and occupiers of premises to carry drains through land belonging to

other persons.— (1) If it shall appear to the Commissioner that the only means or the most convenient means, by which the owner or occupier of any premises can cause his drain to empty into a municipal drain

8[or other place legally set apart for the discharge of drainage] is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of the land a reasonable opportunity of standing any objection may, with the approval of the

9[Standing Committed] if no objection is raised, or if any objection which is raised appears to him invalid or in sufficient, by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.

These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 96. These words were inserted by Bom. 5 of 1905, s. 14(1). These words were substituted for the original words by Bom. 5 of 1905, s. 15. These words were inserted by Bom. 5 of 1905, s. 14(1). The words “with the approval of the Standing Committee” were deleted by Mah. 21 of 1989, s. 30. This section was inserted by Bom. 8 of 1918, s. 5. The words “apply for the approval of the Standing Committee and may with their approval” were deleted by Mah. 21 of 1989, s. 31. These words were inserted by Bom. 5 of 1905, s. 14(1). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 97(a).

224 The Mumbai Municipal Corporation Act [1888 : III

1. (2) Every such order, bearing the signature of the Commissioner, shall be a complete authority to the person, in whose favor it is made, or to any agent or person employed by him for this purpose, after giving to the owner of the land reasonable written notice of his intention so do, to enter upon the said land with assistants and workmen, at any time between sunrise and sunset and to execute the necessary work.
2. (3) Subject to all other provisions of this Act, the owner or occupier of any premises or any agent or person employed by him for this purpose, may after giving to the owner of any land wherein a drain has been already lawfully constructed for the drainage of his said premises reasonable written notice of his intention so to do, enter upon the said land with assistants and workmen, at any time between sunrise

and sunset, and construct a new drain in the place of the existing drain or repair or alter any drain so

constructed.

1. (4) In executing any work under this section, as little damage as can be shall be done, and the owner or occupier of premises 1[for the benefit of which] the work is done shall—
   • (a) cause the work to be executed with the least practicable delay;
   • (b) fill in, reinstate and make good, at his own cost and with the least practicable delay, the ground or portion of any building or other construction, opened, broken up or removed for the purpose of executing the said work;
   • (c) pay compensation to any person who sustains damage by the execution of the said work.
2. (5) If the owner of any land, into, through or under which a drain has been carried under this section whilst such land was unbuilt upon, shall, at any time afterwards, desire to erect a building on such land, the Commissioner shall, with approval of the 2[Standing Committee] by written notice, require the owner or occupier of the premises for the benefit of which such drain was constructed to close, remove or divert the same in such manner as shall be approved by the 3[said Committee] and to fill in, reinstate and make good the land as if the drain had not been carried into, through or under the same: Provided that no such requisition shall be made, unless, in the opinion of the 4[Standing Committee], it is necessary or expedient, in order to admit of the construction of the proposed building or the safe enjoyment thereof, that the drain be closed, removed or diverted.

5[230A. Owner of land to allow others to carry drains through the land.— Every owner of

land shall be bound to allow any person, in whose favour an order has been made under section 230, sub- section (1), to carry a drain into, through or under the land of such owner on such terms as may be prescribed in such order.]

231. Commissioner may enforce drainage of undrained premises situate within a hundred

feet of a municipal drain.— Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain of some place legally set apart for the discharge of drainage is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises—

1. (a) to make a drain of such material, size and description and laid at such level 6[and according to such alignment] and with such fall and outlet as may appear to the Commissioner necessary, emptying into such municipal drain or place aforesaid: 7[Provided that where any premises have already been drained under municipal rules and have to be re-drained, no such requisition shall be made without the previous sanction of 8[the Standing Committee]; These words were substituted for the original words by Bom. 5 of 1905, s. 16. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 97(a). These words were substituted for the words “said Member-in-charge” by Mah. 27 of 1999, s. 97(b). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 97(a). This section was inserted by Bom. 8 of 1898, s. 6. These words were inserted by Bom. 5 of 1905, s. 17(b). This proviso was added by Bom. 5 of 1905, s. 17(d). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 98.

1888 : III] The Mumbai Municipal Corporation Act 225

1. (b) to provide and set up all appliances and fittings as may appear to the Commissioner necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith;
2. (c) to remove any existing drain, or other appliance or thing used or intended to be used for drainage, which is injurious to health. 232. Commissioner may enforce drainage of undrained premises not situate within a hundred feet of a municipal drain.— (1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, but no municipal drain or such place as aforesaid is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may by written notice, require the owner or occupier of the said premises— 1[(a) to construct a drain up to a point to prescribe in such notice, but into distance more than one hundred feet from some part of the said premises, or
3. (b) to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such all as the Commissioner thinks necessary, and drain or drains emptying into such cesspool.] 2[(2) Any requisition for the construction of any drain under sub-section (1) may comprise any detail specified in clause (a), (b) or (c) of section 231.] 3[232A. Power of Commissioner to drain premises in combination.— (1) Where the Commissioner is of opinion that any group or block of premises, any part of which is situate within one hundred feet of a municipal drain, or other place legally set for the discharge of drainage, already existing or about to be constructed, may be drained more economically or advantageously in combination than separately, the Commissioner may, with the approval of 4[the Standing Committee] cause such group or block of premises to be drained by such method as appears to the Commissioner to be best suited therefor, and the expense incurred by the Commissioner in so doing shall be paid by the owners of such premises in such proportions as 5[the Standing Committee] may think fit.

1. (2) Not less than fifteen days before any work under this section is commenced, the Commissioner shall give written notice to the owners of all the premises to be drained, of—
   • (a) the nature of the intended work,
   • (b) the estimated expenses thereof, and
   • (c) the proportion of such expenses payable by each owner.
2. (3) The owners for the time being of the several premises constituting a group or block drained under sub-section (1) shall be the joint owners of every drain, constructed, erected or fixed, or continued, for the special use and benefit only of such premises, and shall, in the proportion in which it is determined that the owner of such premises, are to contribute to the expenses incurred by the Commissioner under sub-section (1), be responsible for the expenses of maintaining every such drain in good repair and efficient condition, but every such drain shall from time to time be flushed, cleaned and emptied by the Commissioner at the charge of the Municipal fund.]

6[or other place legally set apart for the discharge of

drainage] is sufficient for the effectual drainage of the said premises and is otherwise unobjectionable, but is not, in the opinion of the Commissioner, adapted to the general drainage system of

7[Brihan Mumbai] or the part of

8[Brihan Mumbai] in which such drain is situated], the Commissioner, with the approval of

9[the Standing Committee], may—

These words were substituted for the original words by Bom. 5 of 1905, s. 18(a). Sub-section (2) was substituted for the orginal sub-section by Bom. 5 of 1905, 18(b). Section 232A was inserted by Bom. 5 of 1905, s. 19. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 99. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 99. These words were inserted by Bom. 5 of 1905, s. 14(1). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 100.

226 The Mumbai Municipal Corporation Act [1888 : III

1. (a) subject to the provision of sub-section (2) close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done;

1[(b) direct that such drain shall, from such date as he prescribes in this behalf be used for

sullage and sewage only, or for rain-water only or for unpolluted sub-soil water only, or for both rain-water and unpolluted sub-soil water only and by written notice require the owner or occupier of the premises to make an entirely distinct drain for rain-water or unpolluted sub-soil water, or for both rain-water and unpolluted sub-soil water, or for sullage and sewage.]

1. (2) No drain may he closed, discontinued or destroyed by the Commissioner under clause (a), except on condition of his providing another drain-as effectual 2[or the drainage of the premises and communication with any municipal drain for other place aforesaid] which the Commissioner thinks fit;

and the expenses of the construction of any drain so provided by the Commissioner and of any work

done under clause (a) shall be paid by the Commissioner.

1. (3) Any requisition made by the Commissioner under clause (b) may embrace any detail specified in clause (a) or clause (b) of section 231. 3[233A. Vesting and maintenance of drains for sole use of properties.— Subject to the provisions of sub-section (2) of section 221 every drain which has been constructed. 4[laid], erected or set up, whether at the expenses of the corporation or not, or which is continued, for the sole use and benefit of any premises 5[or group of premises] shall—
   • (a) notwithstanding anything contained in section 242, vest in the owner of such premises 6[or group of premises] on and from the thirtieth day of September 1905; and 7[(b) be provided with all such further appliances and fittings as may appear to the Commissioner necessary for the more effectual working of the same, and also be maintained in

good repair and efficient condition by the owner of such premises or group of premises, and be

from time to time flushed, cleaned and emptied by the Commissioner at the charge of the municipal fund.]

234. New building not to be erected without drains.— (1) It shall not be lawful newly to erect

any building, or to rebuild any building, or to occupy any building newly erected or rebuilt, unless and until—

1. (a) a drain be constructed of such size, materials and description, at such level and with such fall, as shall appear to the Commissioner to be necessary for the effectual drainage of such building;
2. (b) there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fitting as may appear to the Commissioner to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith.

1. (2) The drain to be constructed as aforesaid shall empty into a municipal drain or into some place legally set apart for the discharge of drainage situated at a distance not exceeding one hundred feel from 8[the premises in which such building is situated]; but if no such drain or place is within that distance, then such drain shall empty into such cesspool as the Commissioner directs.

235. Excrementitious matter not to be passed into cesspool.— No person shall, except with the

permission of the Commissioner, pass or cause or permit to be passed any excrementitious matter into

This clause was substituted for the original clause (b) by Bom. 5 of 1905, s. 20(d). These words were inserted by Bom. 5 of 1905, s. 14(2). Section 233A was inserted by Bom. 5 of 1905, s. 21. The word “laid” was inserted by Bom. 7 of 1918, s. 7(a). These words were inserted by Bom. 7 of 1918, s. 7(d). These words were inserted by Bom. 7 of 1918, s. 7(e). This clause was substituted for the original clause (b) by Bom. 8 of 1918, s. 7(d). These words were substituted for the original words by Bom. 5 of 1905, s. 22.

1888 : III] The Mumbai Municipal Corporation Act 227

any cesspool made or used under section 232 or section 234, or into any drain communicating with any such cesspool. 236. Obligation of owners of drains to allow use thereof or joint ownership therein to others.— Every owner of a drain connected with a municipal drain

1[or other place legally set apart for the discharge of drainage] shall be bound to allow the use of it to others, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 228.

the owner.— Any person desiring to drain his premises into a municipal drain, through a drain of which he is not an owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the Commissioner for authority to use such drain or to be declared joint owner thereof.

2[Where the Commissioner is of opinion, whether on receipt of such application or otherwise, that the only, or the most convenient, means by which the owner or occupier of any premises can cause the drain of such premises to empty into a municipal drain or other place legally set apart for the discharge of drainage is through a drain communicating with such municipal drain or place aforesaid, but belonging to some person other than the said owner or occupier] the Commissioner, after giving the owner of the drain a reasonable opportunity of stating any objection thereto, may with approval of

3[the Standing Committee] if no objection is raised or if any objection which is raised appears to him invalid or insufficient, by an order in writing either authorise the

4[said owner or occupier] to use the drain or declare him to be joint owner thereof, on such conditions as to the payment of rent or compensation and as to connecting the drain of the

5[said premises] with the

6[communicating drain] and as to the respective responsibilities of the parties for maintaining, repairing, flushing, cleaning and emptying the joint drain, or otherwise, as may appear to him equitable.

1. (2) Every such order bearing the signature of the Commissioner shall be complete authority to the

person in whose favour it is made, or to any agent or person employed by him for this purpose, after

giving or tendering to the owner of the drain the compensation or rent specified in the said order and otherwise fulfilling as far as possible, the conditions of the said order, and after giving to the owner of the drain reasonable written notice of his intention so to do, to enter upon the land in which the said drain is situate, with assistants and workmen, at any time between sunrise and sunset, and, subject to all provisions of this Act to do all such things as may be necessary for—

1. (a) connecting the two drain; or
2. (b) renewing, repairing or altering the connection; or
3. (c) discharging any responsibility attaching to the person in whose favour the Commissioner’s order is made for maintaining, repairing, flushing, cleaning or emptying the joint drain or any part thereof.

1. (3) In respect of the execution of any work under sub-section (2), the person in whose favour the Commissioner’s order is made shall be subject to the same restriction and liabilities which are specified in sub-section (4) of section 230.

Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Commissioner to require that shall be one-drain for sullage, excrementitious matter and polluted water and another an entirely distinct drain for rain water and unpolluted sub-soil water or for both rain-water and unpolluted sub-soil water each emptying into separate municipal drains

7[or other places legally set apart, for the drainage] or other suitable places.

These words were inserted by Bom. 5 of 1905, s. 14(1). These words were substituted for the original words by Bom. 5 of 1905, s. 23(a). These words were substituted for the words by “the Member-in-charge” by Mah. 27 of 1999, s. 101. These words were substituted for the original words by Bom. 5 of 1905, s. 23(b)(i). These words were substituted for the original words by Bom. 5 of 1905, s. 23(b)(i). These words were substituted for the original words by Bom. 5 of 1905, s. 23(b)(ii). These words were inserted, ibid., 14(1).

228 The Mumbai Municipal Corporation Act [1888 : III

Except with the written permission of the Commissioner, and in conformity with such conditions as shall be prescribed by

1[the Standing

Committee], either generally or specially in this behalf no drain shall be so constructed as to pass beneath any part of a building.

No person shall construct a cesspool—

1. (a) beneath any part of any building, or within twenty feet of any lake, tank, reservoir, stream, spring or well; or
2. (b) upon any site or in any position which has not been approved in writing by the

Right of Corporation to drains, etc., constructed, etc. at charge of municipal fund on premises not belonging to the corporation.— All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at the charge of the municipal fund upon premises not belonging to the corporation, whether before or after the passing of this Act, and

3[otherwise than for the sole use and benefit of the said premises], shall unless the corporation has otherwise determined or shall at any time otherwise determine, vest, and be deemed to have always vested, in the corporation.

1. (1) Every drain and cesspool, whether belonging to the corporation or to any other person, shall be provided with proper traps and coverings and with proper means of ventilation.
2. (2) The Commissioner may, by written notice require the owner of any drain or cesspool not belonging to the corporation to provide and apply to the said drain or cesspool such trap and covering and such means of ventilation as would be provided and applied if such drain or cesspool, belonged to the corporation.

1. (1) For the purpose of ventilating any drain or cesspool, whether belonging to the corporation or to any other person, the Commissioner may erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as shall appear to the Commissioner necessary 4[and cut through any projection from any building (including the leaves of any roof thereof) in order to carry up such shaft or pipe through any such projection; and lay in, through, or under any land, such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated]:
2. (2) Provided that any shaft or pipe so erected or affixed shall—
   • (a) be carried at least 5[fifteen] feet higher than any sky-light or window situated within a distance of 6[forty] feet therefrom;
   • (b) if the same be affixed to a wall supporting the leave of a roof, be carried atleast five feet higher than such leave;
   • (c) be erected or affixed so as to create the least practicable nuisance or inconvenience to the inhabitants of the neighbourhood;
   • (d) be removed by the Commissioner to some other place, at any time the owner of the premises, building or tree upon or to which the same has been erected or affixed is desirous of effecting any change in his property which either cannot be carried out or cannot, without unreasonable inconvenience be carried out, unless the shaft or pipe is removed.
3. (3) If the Commissioner declines to remove a shaft or pipe under clause (d), the owner of the premises, building or tree, upon or to which the same has been erected or affixed, may apply to the Chief Judge of the Small Cause Court; and the said Chief Judge may, after such inquiry as he thinks fit to make, These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 102. Section 241 was substituted for the original section by Bom. 5 of 1905, s. 2. These words were substituted for the original words by Bom. 5 of 1905, s. 25. These words were added by Bom. 5 of 1905, s. 26(a). The word “fifteen” was substituted for the word “ten” by Bom. 5 of 1905, s. 26(b). The word “forty” was substituted for the word “twenty” by Bom. 5 of 1905, s. 26(c).

1888 : III] The Mumbai Municipal Corporation Act 229

direct the Commissioner to remove the shaft or pipe and it shall be incumbent on the Commissioner to obey such order.

1[(4) Where the owner of any building or land cut through, opened or otherwise dealt with under

land, at the charge of the municipal fund.] Disposal of Sewage

The Commissioner may cause all or any municipal drains to empty into the sea or other place, whether within or without

2[Brihan Mumbai] and dispose of the sewage at any place, whether within or without

3[Brihan Mumbai], and in any manner, which he shall deem suitable for such purpose: Provided that—

1. (a) the Commissioner shall not cause any municipal drain to empty into any place into which a municipal drain has not heretofore emptied, or dispose of sewage at any place or in any manner at or in which sewage has not heretofore been disposed of, without the sanction of the corporation;
2. (b) any power conferred by this section shall be exercised in such manner as to create the least practicable nuisance;
3. (c) no municipal drain shall be made to empty into any place, and no sewage shall be disposed of at any place or in any manner which 4[the 5[State] Government] shall think fit to disallow.

1. (1) For the purpose of receiving, storing, disinfecting, distributing or otherwise disposing of sewage, the Commissioner may, when authorized by the corporation in this behalf—
   • (a) construct any work within or without 6[Brihan Mumbai];
   • (b) purchase or take on lease any land, building, engine, material or apparatus either within or without 7[Brihan Mumbai];
   • (c) enter into an arrangement with any person for any period not exceeding twenty years, for the removal or disposal of sewage 8[within or without 9[Brihan Mumbai].]
2. (2) Provided that any power conferred by this section shall be exercised in such manner as to cause the least practicable nuisance. Water-closets, Privies, Urinals, etc.

1. (1) It shall not be lawful to construct any water-closet or privy for any premises except with the written permission of the Commissioner and in

accordance with such terms not being inconsistent with any by-laws for the time being in force as he

may prescribe.

1. (2) In prescribing any such terms the Commissioner may determine in each case—
   • (a) whether the premises shall be served by the water-closet or by the privy system, or partly by one and partly by the other; and
   • (b) what shall be the site or position of each water-closet or privy. Sub-section (4) of section 244 was added by Bom. 5 to 1905, s. 26(c). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were added by Bom. 5 of 1905, s. 27. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. Sections 246A, 247, 248 were substituted for section 247 and 248 by Bom. 5 of 1905, s. 28.

230 The Mumbai Municipal Corporation Act [1888 : III

1. (3) If any water-closet or privy is constructed on any premises in contravention of sub-section (1), the Commissioner may, after giving not less than ten days notice to the owner or occupier of such premises, close such water-closet or privy, 1[* * *] alter or demolish the same, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or occupier or by the person offending.]

(1) It shall not be lawful newly to erect or to re-erect any building for or intended for human habitation, or at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation, and such urinal accommodation, and accommodation for bathing or for the washing of clothes and domestic utensils, as the Commissioner may prescribe.

1. (2) In prescribing any such accommodation the Commissioner may determine in each case—
   • (a) whether such building shall be served by the water-closet or by the privy system, or partly by one and partly by the other;
   • (b) what shall be the site or position of each water-closet, privy, urinal or bathing or washing place, and their number.]

(1) where any premises are without a water-closet, or privy, or urinal or bathing or

washing place, or if the Commissioner is of opinion that the existing water-closet, or privy, or urinal, or bathing or washing place accommodation, available for the persons occupying or employed in any premises is insufficient, inefficient, or on any sanitary grounds objectionable, the Commissioner may

4[* * *] by written notice, require the owner of such premises—

1. (a) to provide such, or such additional, water-closet, privy, urinal, or bathing or washing place accommodation as he prescribes;
2. (b) to make such structural or other alterations in the existing water-closet, privy, urinal or bathing or washing place accommodation as he prescribes; or
3. (c) to substitute water-closet accommodation for any privy accommodation.

1. (2) Provided that where the water-closet, privy, urinal or bathing or washing place accommodation of any premises—
   • (a) has been, and is being, used in common by the persons occupying or employed in such premises and any one or more other premises, or
   • (b) is in the opinion of the Commissioner likely to be so used, the Commissioner may, if he is of opinion that such accommodation is sufficient to admit of the same being used by all the persons occupying or employed in all such premises, direct in writing that separate water-closet, privy, urinal or bathing or washing place accommodation need not be provided on or for each of such other premises.
2. (3) Provided also that the Commissioner may, if he is of opinion that, there is sufficient municipal latrine accommodation available for all the persons occupying or employed in any premises direct that separate water-closet, privy or urinal accommodation need not be provided for such premises.
3. (4) Any requisition under sub-section (1) may comprise any detail specified in sub-section (2) of section 247.]

Where it

appears to the Commissioner that any premises are, or are intended to be, used as a market, railway station, dock, wharf or other place of public resort or as a place in which persons exceeding twenty in number are employed in any manufacture, trade or business or as workmen or labourers, the

The words “and with the previous approval of the Standing Committee,” were deleted by Mah. 21 of 1989, s. 32. Sections 246A, 247 and 248 were substituted for sections 247 and 248 by Bom. 5 of 1905, s. 28. Sections 246A, 247 and 248 were substituted for sections 247 and 248 by Bom. 5 of 1905, s. 28. The words “and with the previous approval of the Standing Committee,” were deleted by Mah. 21 of 1989, s. 33.

1888 : III] The Mumbai Municipal Corporation Act 231

Commissioner may by written notice, require the owner or occupier of the said premises to construct a sufficient number of water-closets or latrines or privies and urinals for the separate use of each sex.

Where the Commissioner is of opinion that any privy is likely, by reason of its not being sufficiently detached from any buildings to cause injury to the health of any person occupying such building, the Commissioner

2[* * *] may by

written notice require the owner or occupier of the premises in or on which such privy is situate either—

1. (a) to so close up such privy as to prevent any person using the same, and to provide in lieu thereof such water-closet or privy accommodation or such urinal accommodation as the Commissioner may prescribe, or
2. (b) to provide between the said privy and any portion of the said building such air-space not exceeding three feet in width, open to the sky and situate entirely within the limits of the said premises as the Commissioner may prescribe.]

1. (1) The owner or occupier of any premises on which there is a privy shall—
   • (a) have between such privy and any building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business an air space of at least three feet in width and open to the sky;
   • (b) have such privy shut off by a sufficient roof and wall, or fence, from the view of persons dwelling in the neighbourhood or passing by;
   • (c) unless and except for such period as he shall be permitted by the Commissioner, under the power next hereinafter conferred, to continue any existing door or trap-door, close up and not keep any door or trap-door in such privy opening on to a street.
2. (2) Provided that the Commissioner may permit the continuance for such period as he may think fit of any existing door or trap-door in a privy opening on to a street if a nuisance is not thereby created.
3. (3) Provided also that clause (a) shall not be deemed to apply to any privy in existence when this Act comes into force, unless—
   • (d) there is space available on the premises of the owner or occupier for the erection of a new privy conformably to the said clause; and
   • (e) the existing privy can be removed and a new one erected as aforesaid without destroying any portion of a permanent building other than the existing privy.

The owner or occupier of any premises on which there is a water-closets shall—

1. (a) have such water-closet divided off from any part of a building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, by such means as the Commissioner shall deem sufficient;
2. (b) have such water-closet in such a position that one of its sides at least shall be an external wall;
3. (c) have the seat of such water-closet placed against an external wall;
4. (d) cause such water-closet to be provided with such means of constant ventilation as the Commissioner shall deem adequate, by a window or other aperture in one of the walls of such water-closet opening directly into the external air, or by an air-shaft or by some other suitable method or appliance;
5. (e) have such water-closet supplied by a supply-cistern and flushing apparatus and filled with a soil-pan or receiver and such other appliances of such materials, size and description as the Commissioner shall deem necessary ; provided always that a cistern from which a water-closet is Section 249A was inserted by Bom. 5 of 1905, s. 29. The words “with the previous approval of the Standing Committee,” were deleted by Mah. 21 of 1989, s. 34.

232 The Mumbai Municipal Corporation Act [1888 : III

supplied shall not be used or be connected with another cistern which is used, for supplying water for any other purpose.

No person shall build a privy or water-closet in such a position or manner as—

1. (a) to be directly over or directly under any room or part of building other than another privy or water-closet or a bathing place, bathroom or terrace;
2. (b) to be within a distance of twenty feet from any well or from any spring, tank or stream of the water whereof is, or is likely to be, used (whether in natural or manufactured state) for human consumption or domestic purposes, or otherwise render the water of any well, spring, tank or stream liable to pollution.]

No person shall use or permit to be used as a bathing place, or as a place for washing clothes or domestic utensils, any

part of any premises which has not been provided with all such appliances and fitting as shall, in the

opinion of the Commissioner, be necessary for collecting the drainage thereof and conveying the same therefrom.]

The Commissioner shall provide and maintain in proper and convenient situations and on sites vesting in the corporation, water-closet, latrines, privies and urinals and other similar conveniences for public accommodation.

If, a common facility is created by the State Government or by any agency of the State Government, under instructions from the State Government, for processing or disposal of solid waste or treatment or recycling sewage and waste water or bulk supply or treatment of water for drinking purpose, it shall be mandatory for the corporation, if so directed by the State Government, to partake of that facility in accordance with such terms and conditions as may be specified by the State Government, by an order in the Official Gazette: Provided that, the State Government shall, before issuing any direction under this section, given an opportunity to the corporation to make within fifteen days a representation, if any, in this regard. If the corporation fails to represent within fifteen days or, after having represented, the State Government, on considering the representation, is of the opinion that issuing such direction is necessary, the State Government may issue the same.] Inspection

All drains, ventilation-shafts and pipes, cess-pools, house-gullies, water-closets, privies, latrines and urinals

4[and bathing and washing places] which do not belongs to the corporation, or which have been constructed, erected or set-up at the charge of the municipal fund on premises not belonging to the corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Commissioner.

For the purpose of such inspection and examination, the Commissioner may cause the ground or any portion of

any drain or other work exterior to a building or with the approval of

5[the Standing Committee] any

portion or a building which he shall think fit, to be opened, broken up or removed:

When the expenses of inspection and examination are to be paid by the Commissioner.— If upon any such inspection and examination as aforesaid, it shall be found that the drain, ventilation-

Section 251A was inserted by Bom. 5 of 1905, s. 30. Section 251B was inserted by Bom. 5 of 1905, s. 31. Section 252A was inserted by Mah. 28 of 2012, s. 2. These words were inserted by Bom. 5 of 1905, s. 32(1). These words were substituted for the words “the Member-in-charge” by Mah. 27 of 1999, s. 103.

1888 : III] The Mumbai Municipal Corporation Act 233

shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine or urinal

1[or bathing or washing place] examined is in proper order and condition, and that none of the provisions of this Chapter has been contravened in respect of the construction or maintenance thereof, and that no encroachment has been made thereupon the ground of portion of any building, drain or other work, if any, opened, broken up or removed for the purpose of such inspection and examination shall be filled it, reinstated and made good by the Commissioner.

But if it shall he found that any drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine or urinal

2[or bathing or washing place] so examined is not in good order or condition, or has been repaired, changed, altered or encroached upon, or, except when the same has been constructed by or under the order of the Commissioner if it has been constructed in contravention of any of the provisions of this Chapter or of any enactment at the time in force— the expenses of the inspection and examination shall be paid by the owner of the premises, and the

said owner shall fill in, reinstate and make good the ground or portion of any building, drain or other

work opened, broken up or removed for the purpose of such inspection and examination, at his own cost.

1. (1) when the result of such inspection and examination as aforesaid is as described in section 256, the Commissioner may—
   • (a) by written notice require the owner of the premises or the several owners, of the respective premises in which the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situate, or for the benefit of which the same has been constructed, erected or set up,
     • (i) to close or remove the same or any encroachment thereupon or 4[subject to the proviso to clause (c) of section 258, to remove any projection over the same, or]
     • (ii) to renew, repair, cover, recover, trap, ventilate, pave and pitch or take such other order with the same as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or removed for the purpose of such inspection and examination, and
   • (b) without notice, close, fill up or demolish any drain by which sullage or sewerage is carried through, from, into or upon any premises in contravention of any of the provisions of this Chapter, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners.
2. (2) Any requisition under clause (a) of sub-section (1) in respect of any drain which has been constructed, erected or set-up, or which is continued for the sole use and benefit of a property or for the exclusive use and benefit of two or more properties, may include any extension thereof beyond such property or properties, if and so far as such extension has been constructed, erected or set-up, or is continued for the sole use and benefit of such property or properties].

In the case of any drain which has been constructed, erected or fixed, or which is continued, for the exclusive use and benefit of two or more premises and which is not—

1. (a) a drain constructed under section 232A, sub-section (1) or
2. (b) a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under section 238, sub-section (1), the expenses of any inspection and examination made by the Commissioner under section 253 and of the execution of any work required under section 257, whether executed under section 260 or not, shall be paid by the owner of such premises, in such proportions, 6[as shall be determined by the Commissioner]. These words were inserted by Bom. 5 of 1905, s. 32(2). These words were inserted by Bom. 5 of 1905, s. 32(2). Section 257 was substituted for the original section by Bom. 5 of 1905, s. 33. These words were added by Bom. 8 of 1918, s. 8. Section 257A was inserted by Bom. 5 of 1905, s. 34. These words were substituted for the portion beginning with the words “as shall be determined” and ending with the words “does not exceed one hundred rupees” by Mah. 21 of 1989, s. 35.

234 The Mumbai Municipal Corporation Act [1888 : III

General Provisions

sanction.—

1[(1)] No person shall—

1. (a) in contravention of any of the provisions of this Chapter or of any notice issued or direction given under this Chapter, or without the written permission of the Commissioner, in anyway alter the fixing, disposition or position of or construct, erect, set-up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, cess-pool, water-closet, privy, latrine or urinal 2[or bathing or washing place] or any tray, covering or other fitting or appliance connected herewith;
2. (b) without the written permission of the Commissioner, renew, rebuild or unstop any drain,

ventilation-shaft or pipe, cess-pool, water-closet, privy, latrine or urinal

3[or bathing or washing

place], or any fitting or appliance, which has been, or has been ordered to be, discontinued, demolished or stopped up under any of the provisions of this Chapter;

1. (c) without the written permission of the Commissioner, make any 4[projection over or]

encroachment upon, or in any way injure or cause or permit to be injured, any drain, cess-pool,

house-gully, water-closet, privy, latrine or urinal

5[bathing or washing place;]

6[Provided that nothing in this clause shall apply to any weather-shade in width not exceeding two feet over any window which does not front a wall of window of an adjoining house;]

1. (d) drop, pass or place, or cause of permit to be dropped, passed or placed into or in any drain, any brick, stone, earth, ashes or any substance or matter by which or by reason of the amount of which such drain is likely to be obstructed;
2. (e) pass or permit or cause to be passed, into any drain provided for a particular purpose, any matter or liquid for the conveyance of which such drain has not been provided;
3. (f) cause, or suffer to be discharged into any drain from any factory, bake house distillery, workshop or workplace or from any building or place in which steam water or mechanical power is employed, any hot water, steam fumes or any liquid which would prejudicially affect the drain or the disposal by sale or otherwise of the sewage conveyed along the drain, or which would, from its temperature or otherwise, be likely to create a nuisance. 7[(2) Whoever contravenes of sub-section (1) shall, on conviction, be punished—
   • (i) for the first offence, with fine which may extend to three hundred rupees; and
   • (ii) for the second and every subsequent offence, with fine which may extend to one thousand rupees or with an imprisonment which may extend to six months or both.]

(1) On the written request of any person who is required under any of the provisions of this Chapter to supply any materials or fittings or to do any work, the Commissioner may, in such person’s behalf supply the necessary materials or fittings, or cause the necssary work to be done ; but he shall not do so in any case to which the provisions of section 493 or 495 will not apply, unless a deposit is first of all made by the said person of a sum which will, in the opinion of the Commissioner, suffice to cover the cost of said materials, fillings and work. (2)

Section 258 was re-numbered as sub-section (1) of that section by Mah. 21 of 1989, s. 36. These words were inserted by Bom. 5 of 1905, s. 32(2). These words were inserted by Bom. 5 of 1905, s. 32(2). These words were inserted by Bom. 8 of 1918, s. 9(a). These words were inserted by Bom. 5 of 1905, s. 32(2). This proviso was added by Bom. 8 of 1918, s. 9(d). Sub-section (2) was added by Mah. 21 of 1989, s. 36. Sub-section (2) was repealed by Bom. 5 of 1905, s. 35.

1888 : III] The Mumbai Municipal Corporation Act 235

1. (1) No person shall permit any work described in this Chapter to be executed except by a licensed plumber: 2[Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber.]
2. (2) Every person who employs a licensed plumber to execute any such work shall, when so required, furnish to the Commissioner the name of such plumber.
3. (3) Every such person shall, within one month after completion of any such work and before permitting the same or any portion thereof to be filled in or covered over, deliver or send or cause to be delivered or sent to the Commissioner at his office, notice in writing of the completion of such work, accompanied by a certificate in the form of Schedule signed by the licensed plumber by whom the same has been executed, who is hereby required immediately upon completion of the work and upon demand by the person employing him to sign and give such certificate to such person, and shall give to the Commissioner all necessary facilities for the inspection of such work: Provided that—
   • (a) such inspection shall be made within seven days from the date of receipt of the notice of completion, and
   • (b) the Commissioner may, within seven days after such inspection, by written intimation addressed to the person from whom the notice of completion was received and delivered at his address as stated in such notice or in the absence of such address affixed to a conspicuous part of the premises in which such work has been executed—
     • (i) give permission for the filling or covering over of such work, or
     • (ii) require that before such work is filled on or covered over, it shall be amended to the satisfaction of the Commissioner in any particular in respect of which it is not in accordance with a requisition previously made by the Commissioner or contravenes some provisions of this Act or of the by-laws under this Act.
4. (4) No person shall permit any such work to be used as a drain or part of drain until—
   • (a) the permission referred to in proviso (b) to sub-section (3) has been received or
   • (b) the Commissioner has failed for fourteen days after receipt of the notice of completion to intimate as aforesaid his refusal of permission for the filling in or covering over of such work.]

(1) The Commissioner may, if he thinks fit, cause any work described in

3[this Chapter] to be executed by municipal or other agency under his own orders,

without first of all giving the person by whom the same would otherwise have to be executed the opinion of doing the same.

1. (2) Expenses in such cases by whom to be paid.— The expenses of any work so done shall be paid by the person aforesaid, unless the corporation shall, by a general or special order or resolution sanction, as they are hereby empowered to sanction, the execution of such work at the charge of the municipal fund.