Chapter XI REGULATION OF STREETS

Construction, Maintenance and Improvement of Public Streets

1. (1) All streets within 4[Brihan Mumbai] being or which at any time become public streets, and the payments, stones and other materials thereof shall vest in the 5[Corporation] and be under the control of the Commissioner:

6[Provided that no public street which on the day immediately preceding the date of the coming

into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950),

7[or the day immediately preceding the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. VIII of 1956)], vested in Government shall, unless the State Government so directs, vest in the

8[Corporation] by virtue of this sub-section.]

1. (2) Powers of Commissioner in respect of public streets.— The Commissioner shall from time to time, cause all such streets to be levelled, metalled or paved, channelled, altered and repaired, as occasion shall require, he may also from time to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of foot-passengers: Provided that no widening, extension or other improvement of a public street the aggregate cost of which will exceed 9[ten lakhs rupees,] shall be undertaken by the Commissioner unless or until such undertaking has been authorised by the 10[Corporation].
2. (3) With the sanction of the 11[Corporation] the Commissioner may permanently close the whole or any part of a public street: Provided that such sanction of the 12[Corporation] shall not be given unless, one month at least before the meeting at which the matter is decided, a notice signed by the Commissioner has been put in the street or part of a street which it is proposed to close, informing the residents of the said proposal, nor until the objections to the said proposal, if any, made in writing at any time before the day of the said meeting, have been received and considered by the 13[Corporation].

Whenever any public street, or part of a public street, is permanently closed under section 289, the site of such street, or of the portion thereof which has been closed, may be disposed of as land vesting in the corporation.

This sub-section was substituted for the original by Mah. 8 of 1918, s. 36(2). These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the word “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This word was substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 108. This proviso was added by Bom. 7 of 1950, s. 21. This portion was inserted by Bom. 58 of 1956, s. 14. This words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 108. These words were substituted for the words “three lakhs rupees” by Mah. 10 of 1998, s. 129(a). This words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 108. This words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 108. This words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 108. This words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 108.

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The Commissioner, when authorised by the corporation in this behalf may at any time—

1. (a) lay out and make a new public street;
2. (b) agree with any person for the making of a street for public use through the land of such person,

either entirely at the expense of such person or partly at the expense of such person and partly at the

expense of the corporation, and that such street shall become, on completion, a public street;

1[(c) declare any street made under an improvement scheme duly executed in pursuance of the provisions of the City of Bombay Improvement Act, 1898 (Bom. IV of 1898), or the City of Bombay Improvement Trust Transfer Act, 1925 (Bom.

Saving of provisions of sections 37 and 38 of Bom. Act VI of 1879.— Nothing in sub-sections (1) and (3) of section 289 or in the two last preceding sections shall be deemed to affect the provisions of sections 37 and 38 of the Bombay Port Trust Act, 1879 (Bom.

[Permission to lay tramways or railways on public streets to need the sanction of the corporation and confirmation by Provincial Governments.] Repealed by Bom. XLVIII of 1948, s. 39.

No new public street made under section 291 shall be less than forty feet in width if such street be made for carriage traffic, or twenty feet if such street be made for foot traffic only; and no steps and except with the written permission of the Commissioner under section 310, no other projection shall extend on to any such street.

The Commissioner, when authorised by the corporation in this behalf, may agree—

1. (a) with any person to adopt and maintain any existing or projected bridge, via duct or arch, and the approaches thereto, and may accordingly adopt and maintain such bridge, via duct or arch and approaches as parts of public streets, or as property vesting in the corporation; or
2. (b) for the construction of alteration of any such bridge, via duct or arch or for the purchase or acquisition of any adjoining land required for the foundation and support thereof or for the approaches thereto, either entirely at the expense of such person or partly at the expense of such person and partly at the expense of the corporation.

1. (1) The Commissioner may, subject to the provisions of section 90, 91 and 92—
   • (a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street, and the buildings, if any standing upon such land;
   • (b) acquire in addition to the said land and the buildings, if any, standing, thereupon, all such land with the buildings, if any, standing thereupon, as it shall seem expedient for the corporation to acquire outside of the regular line, or of the intended regular line, of such street;
   • (c) lease, sell or otherwise dispose of any land or building purchased under clause (b).
2. (2) Any conveyance of land or of a building under clause (c) may comprise such conditions as the Commissioner thinks fit, as to the removal of the existing building, the description of new building to be erected, the period within which such new building shall be completed and other such matters. Preservation of Regular Line in Public Streets

1. (1) The Commissioner may:—
   • (a) prescribe a line on each side of any public street: Clause (c) was inserted by Bom. 13 of 1933, s. 34. Section 297 was substituted for the original section by Bom. 5 of 1905, s. 42.

248 The Mumbai Municipal Corporation Act [1888 : III

1[Provided that in the case of any public street in the suburbs the regular line of a public street operative under any law in force in any part of the suburbs on the day immediately preceding the date of coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950),

2[land in the case of any public street in the extended suburbs the regular line of a public street operative under any law in force in any part of the extended suburbs on the day immediately preceding the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] shall be deemed to be a line prescribed by the Commissioner under this clause.]

1. (b) from time to time, but subject in each case to his receiving the authority of the corporation in that behalf, prescribe a fresh line in substitution for any line so prescribed or for any part thereof provided that such authority shall not be accorded—
   • (i) unless, at least one month before the meeting of the corporation at which the matter is decided public notice of the proposal has been given by the Commissioner by advertisement in local newspapers as well as in the 3[Official Gazette], and special notice thereof, signed by the Commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be prescribed, and
   • (ii) until the corporation have considered all objections to the said proposal made in

writing and delivered at the office of the municipal secretary not less than three clear days

before the day of such meeting.

1. (2) The line for the time being prescribed shall be called ‘the regular line of the street’.
2. (3) No person shall construct any portion of any building within the regular line of the street except with the written permission of the Commissioner, who shall, in every case in which he gives such permission, at the same time report his reasons in writing to the 4[Standing Committee].

1. (1) If any part of a building abutting on a public street is within the regular line of such street, the Commissioner may, whenever it is proposed—
   • (a) to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or
   • (b) to remove, re-construct or make any addition to any portion of such building, which is within the regular line of the street, in any order which he issues, under section 345 or 346, concerning the re-building, alteration or repair of such building require such building to be set back to the regular line of the street.
2. (2) When any building, or any part thereof within the regular line of a public street, falls down, or is burnt down, or is taken down whether under the provisions of section 351 or 354 or otherwise, the Commissioner may at once take possession on behalf of the corporation of the portion of land within the regular line of the street therefor occupied by the said building, and, if necessary, clear the same.
3. (3) Land acquired under this section shall thence forward be deemed a part of the public street and shall vest, as such, in the corporation.

(1) If any land not vesting in the corporation, whether open or enclosed, lies within the regular line of a public street, and is not occupied by a building, or if a platform, verandah, step or some other structure external to a building abutting on a public street, or a portion of a platform, verandah, step or other such structure, is within the regular line of such street, the Commissioner may, after giving to the owner of the land or building not less than seven clear days written notice of his intention so to do, take possession on behalf of the corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other such structure as aforesaid, or of the portion of the

This proviso was added by Bom. 7 of 1950, s. 22. These words, brackets and figures were inserted by Bom. 58 of 1956, s. 15. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 109.

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said platform, verandah, step or other such structure aforesaid which is within the regular line of the

street, and, if necessary, clear the same and the land so acquired shall thence forward be deemed a part of the public street:

1. (2) Provided that, when the land or building is vested in 1[the 2[Government]] possession shall not be taken as aforesaid without the previous sanction of the Government concerned and, when the land or building is vested] in any corporation constituted by Royal Charter or by an Act of Parliament, 3[of the United Kingdom] or 4[by an Indian Law,] possession shall not be taken as aforesaid without the previous sanction of 5[the 6[State] Government].

1. (1) If any building which abuts on a public street is in rear of the regular line of such street the Commissioner may, whenever it is proposed—
   • (a) to rebuild such building, or
   • (b) to alter repair such building in any manner that will involve the removal or reerection of such building, or of the portion thereof which abuts on the said street, to an extent exceeding one- half of such building or portion thereof above the ground-level, such half to be measured in cubic feet, in any order which he issues, under section 345 or 346, concerning the re-building, alternation or repair of such building, permit or, with the approval of the standing committee, require such building to be set forward to the regular line of the street.
2. (2) For the purposes of this section, a wall separating any premises from a public street shall be deemed to be a building; and it shall be deemed to be a sufficient compliance with a permission or requisition to set forward a building to the regular line of a street if a wall of such materials and dimensions as are approved by the Commissioner is erected along the said line.

7[(1) Compensation

shall be paid by the Commissioner to the owner of any building or land acquired for a public street under section 298 or 299, for any loss which such owner may sustain in consequence of his building or land being so, acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner under either of the said sections; provided that any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the set-back to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation.]

1. (2) If, in consequence of any order to set forward a building made by the Commissioner under the last preceding section, the owner of such building sustains any loss or damage, compensation shall be paid to him by the Commissioner for such loss or damage.
2. (3) If the additional land which will be included in the premises of any person required or permitted under the last preceding section to set forward a building belongs to the corporation, the order or permission of the Commissioner to set forward the building shall be a sufficient conveyance to the said owner of the said land; and the 8[price to be paid to the corporation by the said owner for such additional land and the other] terms and conditions of the conveyance shall be set forth in the said order or permission.
3. (4) If when the Commissioner requires a building to be set forward, the owner of the building is dissatisfied with 9[the price fixed to be paid to the corporation or any of the other] terms and conditions These words were substituted for the words “Her Majesty or” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950. These words were inserted, ibid. The words “by an Indian Law” were substituted for the words “of the Governor General of India in Council or of the Governor in Council” by the Adaptation of Indian Laws Order in Council. The words “the Provincial Government” were substituted for the word “Government”, ibid. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This sub-section was substituted for the original by Bom. 1 of 1925, s. 19. These words were added by Bom. 7 of 1921, s. 9(a). These words were substituted for the original words by Bom. 7 of 1921, s. 9(b).

fifteen days after the said terms and conditions are communicated to him, refer the case for the determination of the Chief Judge of the Small Cause Court, whose decision thereupon shall be conclusive. Provisions concerning private streets

(1) Every person who intends—

1. (a) to sell or let on lease any land subject to a covenant or agreement on the part of a purchaser or lessee to erect buildings thereon, or
2. (b) to divide land into building plots, or
3. (c) to use any land or permit the same to be used for building purpose, or
4. (d) to make or lay out a private street, whether it is intended to allow the public a right of passage or access over such street or not, shall give written notice of his intention to the Commissioner, and shall, along with such notice submit plans and sections, showing the situation and boundaries of such building, land and the site of the private street (if any) and also the situation and boundaries of all other land of such person of which such building land or site forms, a part, and the intended development, laying out and plotting of such building, land, and also the intended level, direction, and width and means of drainage of such private street and the height and means of drainage and ventilation of the building or buildings proposed to be erected on the land and, if any building when erected will not abut on a street then already existing or then intended to be made as aforesaid, the means of access from and to such building.

1. (2) Nothing in this section or in sections 302A, 302B, 303 or 304 shall be deemed to affect or to dispense with any of the requirements of Chapter XII.]

If any notice given under section 302 does not supply all the information which the Commissioner deems necessary to enable to him to deal satisfactorily with the case, he may, at anytime within thirty days after receipt of the said notice, by written notice require the person, who gave the said notice to furnish the required information together with all or any of the following documents, namely:—

1. (a) correct plans and sections in duplicate of the proposed private street, which shall be drawn to a horizontal scale of not less than one inch to every twenty feet and a vertical scale of not less than one and a half inches to ten feet and shall show thereon the level of the present surface of the ground above some known fixed datum near the same, the level and rate of inclination of the intended new street, the level and inclinations of the street with which it is intended to be connected and the proportions of the width which are proposed to be laid out as carriage-way and foot-way respectively.
2. (b) a specification with detailed description of the materials to be employed in the construction of the said street and its footpaths;
3. (c) a plan showing the intended lines of drainage of such street and, of the buildings proposed to be erected and the intended size, depth and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains;
4. (d) a scheme accompanied by plans and section for the laying out into streets, plots and open spaces of the other land of such person or of so much of such other land as the Commissioner shall consider necessary before applying to the 3[Standing Committee] for their approval of the determination of the Commissioner.]

The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of

Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of 1920, s. 3. Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of 1920, s. 3. These words were substituted for the words “Mayor-in-council” by Mah. 27 of 1999, s. 110. Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of 1920, s. 3.

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section 302 and section 302A, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.]

1. (1) The laying out of land for building, the level, direction, width and means of drainage of every private street, and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or in either side of such street shall be fixed and determined by the Commissioner with the approval of the 2[Standing Committee] with the general object of securing sanitary conditions, amenity, and convenience in connection with the laying out and use of the land and of any neighbouring lands.
2. (2) But if, within thirty days after the receipt by the Commissioner of any notice under section 302 or of the plans, sections, description, scheme or further information, if any, called for under section 302A, the disapproval by the Commissioner with regard to any of the matters aforesaid specified in such notice shall not be communicated to the person, who gave the same, the proposals of the said person shall be deemed to have been approved by the Commissioner.]

expiration of notice nor otherwise than in accordance with Commissioner’s directions.— (1) No person shall sell, let or use or permit the use of, any land for building or divide any land into building plots, or make or lay out or commence to make or lay out any private street, unless such person has given previous written notice of his intention as provided in section 302, nor until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any), as may have been fixed and determined under sub-section (1) of section 303.

1. (2) If any act be done or permitted in contravention of this section, the Commissioner may by written notice require any person doing or permitting such act on or before such day as shall be specified in such notice by a statement in writing subscribed by him in that behalf and addressed to the Commissioner, to show-cause why the laying out, plotting, street or building contravening this section should not be altered to the satisfaction of the Commissioner, or if that be in his opinion impracticable, why such street or building should not be demolished or removed or why the land should not be restored to the condition in which it was prior to the execution of the unauthorised work, or shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show-cause as aforesaid.
2. (3) If such person shall fail to show-cause to the satisfaction of the Commissioner why such street or building should not be so altered, demolished or removed or why such land should not be so restored, the Commissioner may cause the work of alteration, demolition, removal or restoration to be carried out and the expenses thereof shall be paid by the said person.]

If any private street be not levelled, metalled or paved, sewered, drained, channelled and lighted to the satisfaction of the Commissioner, he may, with the sanction of the

4[Standing Committee], by written notice require the owner of the several premises fronting or adjoining the said street or abutting thereon to level, metal or pave, drain and light the same in such manner as he shall direct.

1. (1) When any private street has been levelled, metalled or paved, sewered, drained, channelled and made good to the satisfaction of the Commissioner, he may and, upon the request of the owner or of any of the owners of such street shall, if lamps, lamp-posts and other apparatus necessary for lighting such street have been provided to his satisfaction 5[and if all land-revenue payable to 6[the 7[State] Government] in respect of the land comprised in such street has been paid] by notice in writing put up in any part of such street, declare the same to be a public street, and thereupon the same become a public street: Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of 1920, s. 3. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 111. Sections 302, 302-A, 302-B, 303 and 304 were substituted for sections 302, 303 and 304 by Bom. 5 of l920, s. 3. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 112. These words were inserted by Bom. 19 of 1930, s. 12. 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.

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1. (2) Provided that no such street shall become a public street if, within one month after such notice, has been put up, the owner of such street or of the greater part thereof shall, by notice in writing to the Commissioner, object thereto.
2. (3) Nothing in this section shall be deemed to affect the provisions of sections 37 and 38 of the Bombay Port Trust Act, 1879 (Bom.

Applicability of sections 305 and 306 when a street is in part public and in part private.— If a portion only of any street is a public street, within the meaning of that term as defined in clause (x) of section 3, the other portion of such street may for all purposes of sections 305 and 306 be deemed to be a private street. Projections and Obstructions

1. (1) No person shall erect, set up or place against or in front of any premises any structure or fixture, which will—
   • (a) overhang, jut or project into, or any way encroach upon, or obstruct the safe or convenient passage of the public along, any street, or
   • (b) jut or project into or encroach upon any drain or open channel in any street, so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection of cleansing thereof,
2. (2) Power to require removal of the same.— The Commissioner may, by written notice, require the owner or occupier of any premises to remove any structure or fixture which has been erected, set up or placed against, or in front of, the said premises in contravention of this section 1[or of section 196 of the 2[Bombay Municipal Act, 1872 (Bom. III of 1872)] 3[or, of any provision of law in force on the day immediately preceding the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)] 4[or any provision of any law in force on the day immediately preceding the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] or to alter the same in such manner as the Commissioner thinks fit to direct.
3. (3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set up or placed by himself, to credit in account with the owner of the premises for all reasonable expenses incurred by him in complying with the said notice.

5[and extended

suburbs].—

6[(1) If any structure or fixture as is described in section 308 has been erected, set up or placed against, or in front of, any premises at any time—

1. (a) before the first day of April 1901, in the case of premises situated in an area in the suburbs which immediately before the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950) 7[or in the case of premises situated in an area in the extended suburbs which immediately before the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] constituted a municipal district or municipal borough;
2. (b) before the date of the coming into operation of the

8[said Acts] in the case of premises

situated in any area of the suburbs

9[or, as the case may be, the extended suburbs] other than the area referred to in clause (a); and

These words and figures were inserted by Bom. 4 of 1888, s. 6. Bom. 3 of 1872 was repealed by s. 2 of this Act. These words, bracket and figures were inserted by Bom. 7 of 1950, s. 23. These words, bracket and figures were inserted by Bom. 58 of 1956, s. 16. These words were added, by Bom. 58 of 1956, 17(2). Sub-section (1) was substituted for the original by Bom. 7 of 1950, s. 24. These words, bracket and figures were inserted by Bom. 58 of 1956, s. 17(1)(a). These words were substituted for the words “said Act” by Bom. 58 of 1956, s. 17(1)(b). These words were inserted by Bom. 58 of 1956.

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1. (c) before the Bombay Municipal Act, 1872 (Bom. III of 1872) came into force, in the case of premises situated in the city; the Commissioner may give notice as aforesaid to the owner or occupier of the said premises.]

1. (2) But, if in any such case the structure or fixture shall have been lawfully erected, set up or placed, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.

1. (1) The Commissioner may give a written permission, on such terms 1[as he shall in each case think fit] to the owner or occupier of any building abutting on any street—
   • (a) to erect an arcade over such street or any portion thereof, or
   • (b) to put up a verandah, balcony, sunshade, weather-frame or other such structure or thing projecting from any upper storey over any street or portion thereof:
2. (2) Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which the construction of arcades has not been previously sanction by the corporation.
3. (3) The provisions of section 308 shall not be deemed to apply to any arcade, verandah, balcony, sunshade, weather-frame or other structure or thing erected or put under and in accordance with the terms of a permission granted under this section.

The Commissioner may at

any time, by written notice require the owner of any premises on the ground-floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street, in such manner as in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street to have the said door, gate, bar or window altered so as not to open outwards.

1. (1) No person shall, except with the permission of the Commissioner under section 310 or 317, erect or setup any wall, fence, rail, post, step, booth or other structure or fixture in or upon any street or upon over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon, or a projection over, or to occupy, any portion of such street, channel, drain, well or tank.
2. (2) Nothing in this section shall be deemed to apply to any erection or thing to which clause (c) of section 322 applies.

1. (1) No person shall, except with the written permission of the Commissioner—
   • (a) place or deposit upon any street or upon any open channel, drain or well, in any street 2[or in any public place] any stall, chair, bench, box, ladder, bale or other things so as to form an obstruction thereto or encroachment thereon;
   • (b) project, at a height of less than twelve feet from the surface of the street, any board, or shelf, beyond the line of the plinth of any building, over any street or over any open channel, drain, well or tank in any street;
   • (c) attach to, or suspend from, any wall or portion of a building abutting on a street, at a less height than aforesaid anything whatever.
2. (2) Nothing in clause (a) applies to building-materials.

Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall hawk or expose for

These words were substituted for the words “may be sanctioned by the Member-in-Charge” by Mah. 27 of 1999, s. 113. These words were inserted by Bom. 19 of 1930, s. 13. Section 313A was inserted by Bom. 1 of 1925, s. 19-A.

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sale in any public place or in any public street any article whatsoever, whether it be for human] consumption or not.]

Except under and in conformity with the terms and provisions of a licence

granted by the Commissioner in this behalf, no person shall, for purposes of gain, use his skill in any handicraft or in rendering services to and for the convenience of the public in any public place or public street.] 314.

2[Power to remove without notice anything erected, deposited or hawked in contravention of section 312 or 313A].— The Commissioner may, without notice, cause to be removed—

1. (a) any wall, fence, rail, post, step, booth or other structure or fixture which shall be erected or set up in or upon any street, or upon or over any open channel drain, well or tank contrary to the provisions of sub-section (1) of section 312, after the same comes into force 3[in the city or in the suburbs, after the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950) 4[or in the extended suburbs after the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)];
2. (b) any stall, chair, bench, box, ladder, bale, board or shelf, or any other thing whatever placed, deposited, projected, attached, or suspended in, upon, from or to any place in contravention of sub- section (1) of section 313; 5[(c) any article whatsoever hawked or exposed for sale in any public place or in any public street in contravention of the provisions of section 313A and any vehicle, package, box, board, shelf or any other thing in or on which such article is placed or kept for the purpose of sale.] 6[(d) any person, unauthorisedly occupying or wrongfully in possession of any public land, from such land together with all the things and material unauthorisedly placed, projected or deposited on such land by such person: Provided that, the Commissioner shall, while executing such removal, allow such person to take away his personal belongings and household articles, such as cooking vessels, bed and beddings of the family, etc.]

contravention of section 312 or 313A.

(1) The Commissioner may, by written notice, require the owner or occupier of any premises contiguous to, or in front of, or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture, which it would be unlawful to erect or set up after section 312 comes into force, has been erected or set up before the said section comes into force

7[in the city or in, the suburbs, before the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)]

8[or, as the case may be, in the extended suburbs before the date of coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] to remove the said wall, fence, rail, post, step, stall or other structure or thing.

1. (2) But, if in any such case the structure or fixture shall have been lawfully erected or set up, compensation, shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof. This section was inserted by Bom. 5 of 1938, s. 37. This marginal note was substituted for the original by Bom. 26 of 1956, s. 2(2). These words, brackets and figures were inserted by Bom. 7 of 1950, s. 25. These words, brackets and figures were inserted by Bom. 58 of 1956, s. 18. Clause (c) was inserted by Bom. 26 of 1956, s. 2(1). Clause (d) was added by Mah. 11 of 2002, s. 23. These words, brackets and figures were inserted by Bom. 7 of 1950, s. 26. These words, brackets and figures were inserted by Bom. 58 of 1956, s. 19.

1888 : III] The Mumbai Municipal Corporation Act 255

1. (1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household, in any public street.
2. (2) Any animal tethered as aforesaid may be removed by the Commissioner, or by any municipal officer or servant, and made over to a police officer, or may be removed by a police officer, who shall deal therewith as with an animal found straying. Temporary Erections on Streets during Festivals

With the concurrence of the Police Commissioner the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasion of ceremonies and festivals. Provisions concerning execution of works in or near to streets

Whenever the soil or pavement of any street is opened or broken up by or under the order of the

Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the

corporation the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth to and materials, if any, excavated and a rubbish occasioned thereby shall be removed without delay.

1. (1) The Commissioner may, whilst any such work as aforesaid or any work which may lawfully be executed in any street is in progress, direct that the said street shall be wholly or partially closed for traffic or for traffic of such description as he shall think fit; and shall set up a conspicuous position an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the street as he shall think proper for preventing or restricting traffic therein.
2. (2) No person shall, without the permission of the Commissioner or without the lawful authority, remove any bar, chain or post so fixed or infringe any order prohibiting traffic on set up.

Whilst the execution of any work on behalf of the corporation is in progress in any street, the Commissioner shall, so far as may be reasonably practicable, make adequate provisions for the passage or diversion of traffic, for securing access to all premises approached from such street, and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work and shall pay compensation to any person who sustains special damages by reason of the execution thereof.

(1) Whilst the execution on any work on behalf of the corporation is in progress in any street, the Commissioner shall—

1. (a) take proper precaution for guarding against accident by shoring up and protecting the adjoining building;
2. (b) have any place where the soil or pavement has been opened or broken up fenced and guarded;
3. (c) have a light sufficient for the warning of passengers set up and kept every night against any such place and against any bars, chains or posts set up under section 319, for so long as such place shall be continued open or broken up, or such bars, chains or posts shall remain set up.

1. (2) No person shall, without the written permission of the Commissioner or without other lawful authority, remove any shoring-timber or fence, or extinguish any light, employed or set up for any of the purpose of this section.

(1) No person other than the Commissioner or a municipal officer or servant shall, without the written permission of the Commissioner or without other lawful authority,—

256 The Mumbai Municipal Corporation Act [1888 : III

1. (a) open, break up, displace, take up or make any alteration in, or cause any injury to, the soil or pavement, or any wall, fence, post, chain or other material or thing forming part of any street; or
2. (b) deposit any building materials in any street;
3. (c) set-up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards, or other things by way of enclosure, for the purpose of making mortar or depositing bricks lime, rubbish or other materials.

1. (2) Any permission granted under clause (b) or clause (c) shall be terminable at the discretion of the Commissioner, on his giving not less than twenty-four hours written notice of the termination thereof to the person to whom such permission was granted. 1[(3) Except in cases in which permission has been applied for under clause (b) of sub-section (1) for the deposit of building materials in any street and no reply has been sent to the applicant within seven days from the date of the application the Commissioner may without notice, cause to be removed any building materials, or any scaffold, or any temporary erection, or any posts, bars, rails, boards or other things by way of enclosure, which have been deposited or set-up in any street without the permission or authority specified in sub-section (2), or which, have been deposited or set-up with such permission or authority, have not been removed within the period specified in the notice issued under sub-section (2).]

under section 322.— Every person to whom any permission is granted under section 322 shall, at his own expense, cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials or set-up any scaffold, erection or other thing, to be properly fenced and guarded, and in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night.

1. (1) Every person to whom permission is granted under section 322 to open or break up the soil or pavement of any street, or who, under other lawful authority opens or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill in the ground and reinstate and make good the street or pavement so opened or broken up without delay, to the satisfaction of the Commissioner.
2. (2) If the said person shall fail to reinstate and make good the street or pavement as aforesaid, the

Provisions to be made by persons to whom permission is granted under section 322 for traffic etc., when their works interrupt streets.— The Commissioner may, by written notice, require any person to whom permission is granted under section 322 to open or break up the soil or pavement of any street, or who, under any other lawful authority, opens or breaks up the soil or pavement of any

street, for the purpose of executing any work, to make provision to his satisfaction for the passage or

diversion of traffic, for securing access to the premises approached from such street and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work.

1. (1) No person who proposes to build, take down or re-build any building or wall, or to alter or repair any part of any building or wall, shall, in any case in which the footway in any adjacent street will be thereby obstructed or rendered less convenient, commence doing so, without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail, if there be room enough for the same

and the Commissioner shall think the same desirable, to serve as a footway for passengers outside of

such hoards or fence.

1. (2) No hoard or fence shall be so put up without the previous written permission of the Commissioner, and every such hoard or fence put up with such permission, with such platform and hand- rail as aforesaid shall be continued standing and, maintained in good condition to the satisfaction of the

Commissioner, by the person who carries on the work, during such time as may be necessary for the

Sub-section (3) was inserted by Bom. 6 of 1913, s. 3.

1888 : III] The Mumbai Municipal Corporation Act 257

public safety and convenience and in all cases in which the same is necessary to prevent accidents, the said person shall cause such hoard or fence to be lighted during the night.

1. (3) The Commissioner may, by written notice, require the person aforesaid to remove any hoard or fence so put up. 1[Provision for parking or halting places or lots

1. (1) The Commissioner may, in consultation with the Commissioner of Police, Bombay, from time to time, earmark such places as he thinks fit to be the parking or halting places or lots for vehicles on any part of the public street or public place.
2. (2) The Commissioner may charge such fees or charges from any person for use of such place or lot by him for parking or halting a vehicle for each day or part thereof subject to such terms and conditions as he may think fit, with the approval of the Corporation: Provided that, the parking places and the rates of fees or charges for parking vehicles under the pay and park scheme, as fixed by the Commissioner during the period commencing on the 15 th day of October 1988 and ending on the day immediately preceding the date of commencement of the Bombay Municipal Corporation (Amendment) Act, 1990 (Mah. XXXXIV of 1990) and approved by the Corporation shall be deemed to be the parking places and the rates of fees or charges fixed under this section, and they shall continue to remain in force until altered or modified under this section.]

1. (1) The

Commissioner may, from time to time, in consultation with the Commissioner of Police, specify any

area for being notified as an area for introduction of any “traffic demand measure” including road pricing mechanisms, such as, area licensing, cordon pricing, supplementary licensing, charging for, on street and off street parking, etc., for entry of all vehicles. Explanation.— For the purposes of this sub-section,—

1. (i) “cordon pricing” means the charges payable by the vehicles crossing at all the points of entry to the designated area;
2. (ii) “supplementary licensing” means the licence fees levied in certain areas of the city for usage of vehicles during specified hours.

1. (2) The Commissioner may charge, subject to such terms and conditions as may be determined by the Corporation, such fees or charges from any person or organisation or, as the case may be, institution, for use of such areas for each day or part thereof.]

Naming streets, and numbering of

3[premises].— (1)

4[The Commissioner] may, from time to time—

1. (a) with the sanction of the corporation, determine the name by which any street shall be known;
2. (b) cause to be put up or painted on a conspicuous part of any house at or near each end corner or entrance to every street the name of such street as so determined; 5[(c) with the sanction of the corporation 6[determine the number or sub-number by which any premises or part thereof] shall be known; This heading and section 326A shall be deemed to have been inserted with effect from the 15 th October 1988 by Mah. 34 of 1990, s. 4. Section 326B was inserted by Mah. 11 of 2002, s. 24. This word was substituted for the word “house” by Bom. 22 of 1956, s. 2(1)(e). These words were substituted for the words “The Mayor-in-Council” by Mah. 27 of 1999, s. 114(a). Clauses (c) and (d) were substituted for the original clause (c) by Bom. 2 of 1911, s.10(1). These words were substituted for the words “determine the number by which any premises” by Bom. 22 of 1956, s. 2(1)(a)(i).

258 The Mumbai Municipal Corporation Act [1888 : III

1[(d) by written notice require an owner of any premises or part thereof either to put up by means of a metal plate a number or sub-number on such premises or part thereof in such position and manner as may be specified in such notice or to signify in writing

2[* *] that such work shall be executed under the orders of the Commissioner.]]

1. (2) No person shall without the written permission of the Commissioner or without other lawful authority destroy, remove, deface or 3[in any way injure or alter any such name, number or sub-number or allow or cause any metal plate bearing such number or sub-number to fall into disrepair or otherwise become illegible or put up or paint any name or put up any number or sub-number different from that put up or painted by order of the Commissioner.] 4[(3) 5[Where a number or sub-number is put up on any premises or part thereof under the orders of the Commissioner in accordance with clause (d) of sub-section (1), the expenses of such work shall be payable by the owner of the premises or part thereof, as the case may be]: Provided that the maximum rate of charge for such work shall be fixed by the Commissioner with the previous sanction of the 6[Corporation]. 7[Explanation.— In this section ‘premises’ does not include land which is not built upon.] 8[Sky-signs and Advertisements

1. (1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign, whether now existing or not, 9[where a sky-sign is a poster depicting any scene from a cinematographic film, stage play or other stage performance, such permission shall not be granted, unless prior scrutiny of such poster is made by the Commissioner and he is satisfied that the erection or fixing of such poster is not likely to offend against decency or morality. No permission under this section] shall be granted, or renewed, for any period exceeding two years from the date of each such permission or renewal: 10[* * * * *] 11[Provided that] in any of the following cases a written permission or renewal by the Commissioner under this section shall become void, namely:—
   • (a) if any addition to the sky-sign be made except for the purpose of making it secure under the direction of the municipal 12[city engineer];
   • (b) if any change be made in the sky-sign, or any part thereof;
   • (c) if the sky-sign or any part thereof fall either through accident, decay or any other cause;
   • (d) if any addition or alteration be made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, if such addition or alteration involves the distribution of the sky-sign or any part thereof;
   • (e) if the building or structure upon or over which the sky-sign is erected, fixed or retained become unoccupied or be demolished or destroyed. This clause was substituted by Bom. 22 of 1956, s. 2(1)(a)(i). The words “his desire” were deleted by Mah. 10 of 1998, s. 155(a)(ii). This portion was substituted for the portion beginning with the words “in any way injure” and ending with the words “by order of the Commissioner” by Bom. 22 of 1956, s. 2(1)(b). This sub-section was added by Bom. 2 of the 1911, s.10(2). This portion was substituted for the portion beginning with the words “Where a number is put up” and ending with the words “owner of the premises” by Bom. 22 of 1956, s. 2(i)(c). This word was substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 114(b). This Explanation was added by Bom. 22 of 1956, s. 2(1)(d). This heading and new sections 328 and 328A were substituted for the original heading and section 328 by Bom. 7 of 1921, s. 10. These words were substituted for the words “no such written permission” by Mah. 42 of 1976, s. 9. The proviso was deleted by Mah. 27 of 1999, s. 115(a). These words were substituted for the words “Provided further that” by Mah. 27 of 1999, s. 115(6). The words “city engineer” were substituted for the words “executive engineer” by Bom. 19 of 1930, s. 6.

1888 : III] The Mumbai Municipal Corporation Act 259

1. (2) Where any sky-sign shall be erected, fixed or retained after the 1[coming into force of this section in the city or in the suburbs after the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)] 2[or in the extended suburbs after the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)] upon or over any land, building or structure save, and except as permitted as herein before provided, the owner or person in occupation of such land, building or structure shall be deemed to be the person who has erected, fixed or retained, such sky-sign in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control, or was committed without his connivance.
2. (3) If any sky-sign be erected, fixed or retained contrary to the provisions of this section, or after permission for the erection, fixing or retention thereof for any period shall have expired or become void, the Commissioner may, by written notice, require the owner or occupier of the land, building or structure, upon or over which the sky-sign is erected, fixed or retained, to take down and remove such sky-sign. The expression “sky-sign” shall in this section mean any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard frame-work or other support wholly or in part upon or over any land, building or structure which, or any part of which sky-sign, shall be visible against the sky from some point in any street and includes all and every part of any such post, pole, standard frame-work or other support.

The expression “sky-sign” shall also include any balloon, parachute, or other similar device

employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street, but shall not include—

1. (a) any flagstaff, pole, vane or weathercock, unless adapted or used wholly or in part for the purpose of any advertisement, announcement or direction;
2. (b) any sign, or any board, frame or other contrivance securely fixed to or on the top of the wall or parapet of any building, or on the cornice or blocking course of any wall, or to the ridge of a roof: Provided that such board, frame or other contrivance be of one continuous face and not open work, and do not extend in height more than three feet above any part of the wall, or parapet or ridge to, against, or on which it is fixed or supported;
3. (c) any word, letter, model, sign, device or representation as aforesaid, relating exclusively to

the business of a railway company, and place wholly upon or over any railway, railway station,

yard, platform or station approach belonging to a railway company and so placed that it cannot fall into any street or public place;

1. (d) any notice of land or building to be sold, or let, placed upon such land or buildings.]

1. (1) No person shall, without the written permission of the Commissioner, erect, exhibit, fix or retain any advertisement whether now Regulation existing or not, upon any land, building wall, hoarding or structure. 4[Where an advertisement depicts any scene from a cinematographic film, stage advertisements, play or other stage performance, such permission shall not be granted,] unless prior scrutiny of such advertisement is made by the

Commissioner and he is satisfied that the erection or exhibition of such advertisement is not likely to

offend against decency or morality:]

5[Provided that, the power of the Commissioner under this sub-section shall be subject to the regulations framed in this behalf:] Provided always that

6[any permission under this section] shall not be necessary in respect of any advertisement which is not an illuminated advertisement nor a sky-sign and which—

These words, brackets and figures were substituted for the words “enactment of this section” by Bom. 7 of 1950, s. 27. These words, brackets and figures were inserted by Bom. 58 of 1956, s. 20. The heading and new sections 328 and 328A were substituted for the original heading, section 328 by Bom. 7 of 1921, s. 10. These words were substituted by Mah. 42 of 1976, s. 10(a). This proviso was inserted by Mah. 10 of 1998, s. 137. These words were substituted for the words “such permission” by Mah. 42 of 1976, s. 10(a).

260 The Mumbai Municipal Corporation Act [1888 : III

1. (a) is exhibited within the window of any building;
2. (b) relates to the trade or business carried on within the land or building upon which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held upon or in the same; 1[or to the trade or business carried on by the owner of any tram-car, omnibus or other vehicle upon which such advertisement is exhibited];
3. (c) relates to the business of any railway company;
4. (d) is exhibited within any railway station or upon any wall or other property of a railway company, except any portion of the surface of such wall or property fronting any street: 2[Provided also that such permission shall not be necessary for a period of three years—
   • (i) after the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950) in respect of advertisements upon a site in the suburbs which was occupied by advertisements on the first day of January 1950;
   • (ii) after the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956) in respect of advertisements upon

a site in the extended suburbs which was occupied by advertisement on the first day of January

1956.]

1. (2) Where any advertisement shall be erected, exhibited, fixed or retained after three months from the enactment of this section 3[or, as the case may be, the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950 (Bom. VII of 1950)] 4[or the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956)], upon any land, building, wall hoarding or structure save and except as permitted or exempted from permission as herein before provided, the owner or person in occupation of such land, building, wall, hoarding or structure shall be deemed to be the person who has erected, exhibited, fixed or retained such advertisement in contravention of the provisions of this section, unless he proves that such contravention was committed by a person not in his employment or under his control or was committed without his connivance.
2. (3) If any advertisement be erected, exhibited, fixed or retained contrary to the provisions of this section after the written permission for the erection, exhibition, fixing or retention thereof for any period

shall have expired or become void, the Commissioner may by notice in writing, require the owner or

occupier of the land, building, wall, hoarding or structure upon which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement. (4)

5[(a)] The word “structure” in this section shall include

6[a tram-car, omnibus and any other

vehicle and any moveable board] used primarily as an advertisement or an advertising medium;

7[and

1. (b) the expression “illuminated advertisement” in this section shall not include an illuminated display of goods, if such display—
   • (i) is of goods merely bearing labels showing the name of the article or of it’s manufacturer or of both, and
   • (ii) is made by lighting which is not, in the opinion of the Commissioner, more than is necessary to make the goods and labels visible at night.] Dangerous Places

1. (1) If any place is, in the opinion of the Commissioner, for want of sufficient repair, protection or enclosure, or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons, other than the owner or occupier of the said place, who have legal access thereto to the neighbourhood These words were inserted by Bom. 19 of 1930, s. 15(a). This proviso was substituted by Bom. 58 of 1956, s. 21(1). These words, brackets and figures were inserted by Bom. 7 of 1950, s. 28(d). These words, brackets and figures were inserted by Bom. 58 of 1956, s. 21(9). The brackets and letter “(a)” were inserted by Bom. 12 of 1935, s. 2(1). These words were substituted for the words “any moveable board on wheels” by Bom. 19 of 1930, s. 15(d). These words, brackets, figures and letter were added by Bom. 12 of 1935, s. 2(2).

1888 : III] The Mumbai Municipal Corporation Act 261

thereof, he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Commissioner necessary, in order to prevent danger therefrom.

1. (2) The Commissioner may, before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent danger from the said place. Any expense incurred by the Commissioner in taking such temporary measures shall be paid by the owner or occupier of the place to which the said notice refers. Lighting of streets

The Commissioner shall,—

1. (a) take measures for lighting in a suitable manner the public streets and municipal markets and all buildings vesting in the corporation; and
2. (b) procure, erect and maintain such a number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose; and
3. (c) cause such lamps to be lighted by means of oil, gas, electricity, or such other light as the corporation shall from time to time determine; and may—
4. (d) place and maintain electric wires for the purpose of lighting such lamp under, over, along or across, and posts, standards, stays, struts, brackets and other contrivances for carrying, suspending or supporting lamps or electric wires in or upon, any immoveable property without being liable to any claim for compensation thereto: Provided that such wires, posts, poles, standards, stays, struts, brackets and other contrivances shall be so placed as to occasion the least practicable inconvenience or nuisance to any person.

No person shall, without lawful authority, take away or wilfully break, throw down or damage—

1. (a) any lamp, lamp-post or lamp-iron set up in any public street or any municipal market or building vesting in the corporation;
2. (b) any electric wire for lighting any such lamp;
3. (c) any post, pole, standard, stay, strut, brackets or other contrivance for carrying, suspending or supporting any such electric wire or lamp; and no person shall wilfully extinguish the light or damage any appurtenance of any such lamp.

If any person shall, through negligence or accident, break any lamp-set up in any public street or municipal market or building vesting in the corporation he shall pay the expenses of repairing the damage so done by him.

1. (1) No gas pipe shall be laid in a drain or on the surface of an open channel or house-gully.
2. (2) Gas-pipes shall be laid at the greatest practicable distance from water-pipes, having regard to the width of the street. Where the width of the street will allow of it, the said distance shall not be less than four feet.
3. (3) When it is necessary for a gas pipe to cross a water-pipe, a gas pipe shall, if practicable, be laid above the water-pipe. A gas-pipe so laid shall be atleast nine feet in length and, as nearly as the situation will admit of shall be so place, as to from with the water-pipe a right angle and so that no joint in the gas-pipe will be nearer to any water-pipe than four feet. The greatest practicable distance shall be kept between a water-pipe and gas-pipe which crosses it, and the gas-pipe shall throughout its entire length, be sufficiently bedded in with good sound clay or other fit material of a proper consistence, which shall be well worked and rammed into a trench all round the gas-pipe.
4. (4) If any gas-pipe be laid in any way contrary to the provisions of this section the Commissioner may make such alteration with respect to such pipe as he shall thinks necessary and the expenses thereof shall be paid by the person under whose order or management the pipe has been laid.

262 The Mumbai Municipal Corporation Act [1888 : III

1. (1) The Commissioner may, whenever for any of the purposes of this Act it shall appear to him necessary, by written notice, require the owner of any gas-pipe or of any other gas-work laid in any street to raise, sink or otherwise, alter the situation of such pipe or work.
2. (2) Every alteration required to be made under sub-section (1) shall be made at the charge of the municipal fund, and compensation shall be paid to the owner by the Commissioner for the damage, if any, which he sustains by reason of such alteration:
3. (3) Provided that no such alteration shall be made which will prevent gas passing through any pipe or work as freely and conveniently as, having regard to all the requirement of this Act, is practicable.

(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 gas-pipe belonging to the corporation.

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 standing committee, cause the same to be removed or otherwise dealt with as to the Commissioner shall appear fit and the expenses thereby incurred shall be paid by the person offending. Watering of streets

The Commissioner may,—

1. (a) take measures for having the public streets watered at such time and seasons and in such manner as he shall thinks fit.
2. (b) procure and maintain such water-carts, animals and apparatus as he shall thinks fit for the said purpose.