Chapter XVI-A THE

2[BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT UNDERTAKING] The operation of the undertaking and the construction and maintenance of works

1. (1) Subject to the superintendence of the 3[Brihan Mumbai Electric Supply and Transport Committee] and of the Corporation, the General Manager shall manage the 4[Brihan Mumbai Electric Supply and Transport Undertaking] and perform all acts, necessary for the economical and efficient maintenance, operation, administration and development of the undertaking.
2. (2) Without prejudice to the generality of the foregoing provision, the General Manager may, with the sanction of the 5[Brihan Mumbai Electric Supply and Transport Committee] and subject to the restrictions or conditions imposed by this Act 6[* * * * *] either within or without the city—
   • (a) construct or acquire, transport undertakings, including tramways, trackless trams and mechanically propelled transport facilities for the conveyance of the public subject to the provisions of the Motor Vehicles Act, 1939

thereunder;

1. (b) construct or acquire, subject to the provisions of the Electricity Act, 1910 (IX of 1910) or of any other enactment for the time being in force and the conditions of any licence or sanction in favour of the Corporation granted thereunder, undertakings for the generation or supply of electrical energy and for electric traction, and enter into any agreement with any person for the supply of electrical energy to or by the Corporation;
2. (c) construct buildings and works of every description necessary or desirable for the operation or development of the 8[Brihan Mumbai Electric Supply and Transport Committee];
3. (d) purchase or take on lease or hire or otherwise acquire any movable or immovable property or rights;
4. (e) exercise any of the powers of a licensee under the Indian Electricity Act, 1910 (IX of 1910) or any other enactment for the time being in force relating to the generation, or supply of electrical energy which the Corporation is for the time being authorised to exercise and any other powers exercisable by the corporation under such enactment or under any licence thereunder granted in favour of the Corporation; and
5. (f) exercise any of the powers of a licensee holding a stage carriage permit under the Motor Vehicles Act, 1939 (IV of 1939) which the Corporation is for the time being authorised to exercise and any other powers exercisable by the Corporation under the said Act in relation to the provision of mechanically propelled transport facilities for the conveyance of the public. 10[(3) Where, any proposal of the General Manager requires the sanction or approval of the Brihan

Mumbai Electric Supply and Transport Committee or the corporation, the Brihan Mumbai Electric

Supply and Transport Committee or, as the case may be, the corporation, shall consider and dispose of any such proposal within forty-five days in case of the said Committee and ninety days in case of the corporation, reckoned from the date of the meeting of the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, held immediately after the proposal is received by the Secretary of the said Committee or as the case may be, the Municipal Secretary, whether the item pertaining to such proposal is taken on agenda of such meeting or not, failing which, sanction or approval

The Chapter containing sections 460A to 460PP was inserted by Bom. 48 of 1948, s. 40. 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 substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 165(a). 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 substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 165(b)(i). These words were deleted, by Mah. 27 of 1999, s. 165(b)(ii). See now the Motor Vehicles Act, 1988 (59 of 1988). These words were substituted for the words “Departmental Standing Committee” by Mah. 27 of 1999, s. 165(b)(iii)(A). See now the Motor Vehicles Act, 1988 (59 of 1988). Sub-section (3) was added by Mah. 17 of 2012, s. 4.

1888 : III] The Mumbai Municipal Corporation Act 339

to such proposal shall be deemed to have been given by the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, and a report to that effect shall be made by the General Manager to the Government and it shall be lawful for the General Manager to 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.]

1. (1) Without prejudice to any other powers exercisable by him, the General Manager may for the purpose of inspecting or repairing or executing any work upon or in connection with the 1[Brihan Mumbai Electric Supply and Transport Undertaking]—
   • (a) enter upon and pass through any land within or without the city in whomsoever such land vests;
   • (b) convey into and through any such land all necessary materials, tools and implements.
2. (2) In the exercise of the powers conferred by sub-section (1) as little damage as the circumstance permit shall be done and compensation for any damage so done shall be paid by the General Manager.

1. (1) For the purpose of carrying out, renewing and repairing works in connection with the 2[Brihan Mumbai Electric Supply and Transport Undertaking] (other than works to which the provisions of the Indian Electricity Act, 1910 (IX of 1910) apply) the General Manager may, either within or without the City, exercise the same powers as under the provisions of this Act the Commissioner may exercise for carrying, renewing and repairing drains within the city, subject to the same restrictions as are by this Act imposed on the exercise of such powers: Provided that in the construction of tramways the General Manager shall not without the consent of the owner, lay rails over or upon land which is not vested in the Corporation, other than land forming part of a street.
2. (2) When a work undertaken by the General Manager involves the opening or breaking up of any street, such work shall be commenced and carried out in consultation with Commissioner or with such officer as the Commissioner may designate in this behalf.

Nothing in this Chapter shall affect the power of the Bombay Gas Company Ltd., under the provisions of the Gas Companies Act, 1863 (Bom. V of 1863) to take up any of the streets traversed by the tramway of the 4[Brihan Mumbai Electric Supply and Transport Undertaking] for the purposes for which they may lawfully take up the same: Provided that— (i) as little detriment or inconvenience to the undertaking shall be caused as the circumstances permit; (ii) before any work whereby traffic on the tramway will be interrupted is commenced, previous notice of not less than eighteen hours shall be given to the General Manager, except in cases of urgency, specifying the time at which the work will be commenced; and (iii) the Bombay Gas Company Ltd., shall not be liable to pay any compensation for injury done to the tramway by the execution of such work, or for loss of traffic occasioned thereby, or for the reasonable exercise of the powers vested in them as aforesaid.

4[Brihan Mumbai Electric Supply and Transport Undertaking] for the purposes for which they may lawfully take up the same: Provided that—

1. (i) as little detriment or inconvenience to the undertaking shall be caused as the circumstances permit;
2. (ii) before any work whereby traffic on the tramway will be interrupted is commenced, previous notice of not less than eighteen hours shall be given to the General Manager, except in cases of urgency, specifying the time at which the work will be commenced; and
3. (iii) the Bombay Gas Company Ltd., shall not be liable to pay any compensation for injury done to the tramway by the execution of such work, or for loss of traffic occasioned thereby, or for the reasonable exercise of the powers vested in them as aforesaid.

1. (1) No building, wall or other structure shall be newly erected, and no street or minor railway shall be 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. Sections 460D and 460E were deleted by Mah. 10 of 1998, s. 200. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule.

340 The Mumbai Municipal Corporation Act [1888 : III

constructed over, or in such a manner as to interfere with, any work constructed or maintained for the purposes of the

1[Brihan Mumbai Electric Supply and Transport Undertaking] except with the written permission of the General Manager.

1. (2) The General Manager may, with the approval of the 2[Brihan Mumbai Electric Supply and Transport Committee] cause any building, wall or other structure erected, or any street or railway constructed, in contravention of sub-section (1) to be removed or otherwise deal with as he deems fit, and the expenses incurred therefor shall be paid by the person responsible. Fixing Fares and Charges

3[and penalty for failure to pay proper fares and excess charges.].— (1) Fares and charges shall be leviable for the conveyance of passengers or for the carriage of goods by any means of transport provided by the

4[Brihan Mumbai Electric Supply and Transport Undertaking] at such rates as may from time to time be fixed subject to the provisions of any enactment for the time being in force and any licence granted to the corporation thereunder, by the

5[Brihan Mumbai Electric Supply and Transport Committee] with the approval of the corporation:

6[Provided that, no fare or charge shall be leviable from the freedom fighters holding identity cards issued by the Central or State Government or from the freedom fighters holding identity card-cum-pass issued by the

7[Brihan Mumbai Electric Supply and Transport Undertaking]].

1. (2) A printed list in English, Marathi, Hindi and Gujarati of all the fares and charges levied for the time being under this section shall be exhibited in a conspicuous pace inside each vehicle used by the 8[Brihan Mumbai Electric Supply and Transport Undertaking] for the conveyance of the public.
2. (3) The fares and charges levied under this section shall be paid to such persons, at such places upon or near the prescribed route of the transport service, and in such manner and under such regulations, as the 9[General Manager] shall, by notice to be annexed to the list of fares, appoint. 10[(4) (a) If a passenger travelling or having travelled in any vehicle of the 11[Brihan Mumbai Electric Supply and Transport Undertaking] avoids or attempts to avoid payment of the fare for his journey, at the rates fixed by the Undertaking, or
   • (b) if a passenger having paid the fare for a certain distance proceeds in such vehicle beyond that distance and does not pay the additional fare for the additional distance or avoids or attempts to avoid such payment, he shall be liable to pay, on demand, by any officer or servant of the Undertaking authorised by the General Manager, an excess charge 12[equal to ten times of the fare due] or such lower sum as the General Manager with the approval of the 13[Brihan Mumbai Electric Supply and Transport Committee] may determine, in this behalf. The liability to pay this excess charge shall be in addition to his liability to pay the ordinary single fare for the distance he has travelled. Where there is any doubt as to the stop from which he started, such fare shall be calculated from the stop from which the vehicle originally started. Where any passenger has travelled additional distance, the liability to pay the excess charge shall be 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. 166. These words were added by Mah. 42 of 1976, s. 12(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 substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 167(a). This proviso was added by Mah. 12 of 1993, s. 6. 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 “Brihan Mumbai Electric Supply and Transport Committee” by Mah. 10 of 1998, s. 202(b). Sub-sections (4), (5), (6) and (7) were substituted by Mah. 42 of 1976, s. 12(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 “ten rupees” by Mah. 24 of 2006, s. 2. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s.167(b).

1888 : III] The Mumbai Municipal Corporation Act 341

addition to his liability to pay the difference between any fare paid and the fare payable for the additional distance travelled.

1. (5) If a passenger liable to pay the excess charge with the fare or the additional fare, as the case may be, as provided in sub-section (4) is willing to pay the amount due but is unable to pay the same on the spot, he may give his true name and address to the officer or servant of the Undertaking authorised under sub-section (4) and an undertaking in the form settled by the Undertaking to pay the amount due within fifteen days by money order or in cash to the officer of the Undertaking specified in such form. If the passenger fails to pay the amount or any portion thereof accordingly within fifteen days from the date on which he was called upon to pay the amount, he shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
2. (6) If a passenger liable to pay the excess charge with the fare or the additional fare, as the case may be, as provided in sub-section (4) refuses to pay the amount due or any portion thereof on demand being made therefor by any officer or servant of the Undertaking authorised under sub-section (4), he shall, on conviction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.
3. (7) It shall be lawful for any authorised officer or servant of the Undertaking and all persons called in by any of them for his assistance, to arrest and hand over to the Officer-in-charge of the nearest police station any passenger, who commits or attempts to commit contravention of sub-section (4), and who on demand refuses to give his true name and address or where there is reason to believe that the name or address given by him is not correct. Such police officer shall adopt such legal measures as may be necessary to cause that person to be taken before a Metropolitan Magistrate with the least possible delay.]

Charge shall be leviable for the supply of electrical energy by the

1[Brihan Mumbai Electric Supply and Transport Undertaking] at such rates as may from time to time be fixed, subject to the provisions of any enactment for the time being in force and of any licence granted to the corporation thereunder, by the

2[Brihan Mumbai Electric Supply and Transport Committee] with the approval of the corporation.

3[* * * * *] Contracts entered into for the purposes of the undertaking

With respect to the making of contracts for the purposes of the

4[Brihan Mumbai Electric Supply and Transport Undertaking] (including contracts relating to the acquisition and disposal of immovable property or any interest therein, or any right thereto) the following provisions shall have effect, namely:—

1. (a) every such contract shall be made on behalf of the corporation by the General Manager;
2. (b) no such contract for any purpose which, in accordant with any provision of the Chapter, the General Manager 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 been duly given; 5[(c) no contract which will involve an expenditure exceeding 6[fifty lakhs rupees] shall be made by the General Manager unless the same, is previously approved by the Brihan Mumbai Electric Supply and Transport Committee: Provided that, where the previous approval of the Committee is sought for any such contract by the General Manager, the Committee shall consider and dispose of such proposal within thirty days from the date of on which the item is first included in the agenda of any meeting of the Committee, failing which, the previous approval shall be deemed to have been given by the These words were substituted for the words “Bombay Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Member-in-Charge” by Mah. 27 of 1999, s. 168. Section 460J was deleted, by Mah. 10 of 1998, s. 204. These words were substituted for the words “Bombay Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2, Schedule. Clauses (c) and (d) were substituted by Mah. 27 of 1999, s. 169. These words were substituted by Mah. 17 of 2012, s. 5(1).

342 The Mumbai Municipal Corporation Act [1888 : III

Committee 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 Committee;

1. (d) every contract made by the General Manager involving an expenditure exceeding 1[five lakhs rupees] shall be reported by him within fifteen days after the same has been made to the Brihan Mumbai Electric Supply and Transport Committee;]
2. (e) the foregoing provisions of this section shall, as far as may be, apply to every contract which the General Manager shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.

1. (1) Every contract entered into by the General Manager on behalf of the corporation for the purposes of the 2[Brihan Mumbai Electric Supply and Transport Undertaking] shall be entered into such manner and form as would bind the General Manager if such contract were on, his own behalf, and may in the like manner and form be varied or discharged: Provided that every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding 3[ten lakh rupees] or for the disposal of property of the corporation exceeding 4[twenty thousand rupees] in value shall be in writing and shall be signed by the General Manager and countersigned by

6[or by two officers of the Brihan Mumbai Electric Supply and Transport Undertaking to whom the powers have been delegated by the General Manager]].

1. (2) No contract which is not executed in accordance with the provisions of sub-section (1) shall be binding upon the corporation.

7[rupees fifty

thousand].— (1) Except as is hereinafter otherwise provided, the General Manager 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

8[three lakhs rupees] give notice by advertisement in the local newspaper inviting tenders for such contract.

9[Provided that, the notice of any tender for contract not exceeding three lakhs rupees shall be uploaded on the official website of the Brihan Mumbai Electric Supply and Transport Undertaking.]

1. (2) The General Manager 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 460K, any of the tenders so made which appears to him, upon a view of all the circumstances, to be the most advantageous: Provided that the 10[Brihan Mumbai Electric Supply and Transport Committee] may authorise the General Manager for reasons which shall be recorded in their proceedings to enter into a contract without inviting tenders as herein provided or without accepting any tender which he may receive after having invited them.

The General Manager shall require sufficient security for the due performance, of every contract into which he enters under section 460M and may,

11[in his discretion] require security for the due performance of any other contract into which he enters under this Act. Acquisition and disposal of property

These words were substituted by Mah. 17 of 2012, s. 5(2).

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 “one lakh rupees” by Mah. 10 of 1998, s. 206(a). These words were substituted for the words “five thousands rupees” by Mah. 10 of 1998, s. 206(b). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 170. These words were added by Mah. 17 of 2012, s. 6. These words were substituted for the letter and figures “Rs. 3000 ” by Mah. 10 of 1998, s. 207(c). These words were substituted by Mah. 17 of 2012, s. 7(1). This proviso was added by Mah. 17 of 2012, s. 7(2). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 171. These words were substituted for the words “with the approve of the Member-in-charge” by Mah. 27 of 1999, s. 172.

1888 : III] The Mumbai Municipal Corporation Act 343

1. (1) Whenever it is necessary or expedient of the purposes of the 1[Brihan Mumbai Electric Supply and Transport Undertaking] that the General Manager shall acquire any immovable property, such property may be acquired by the General Manager on behalf of the corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maximum as shall be approved by 2[the Brihan Mumbai Electric Supply and Transport Committee] either generally for any class of cases or specially in any particular case.
2. (2) No contract for the acquisition of any immovable property shall be valid, if the price to be paid for such property exceeds five thousand rupees unless and until such contract has been approved by the 3[Brihan Mumbai Electric Supply and Transport Committee].

1. (1) Whenever the General Manager is unable to acquire any immovable property under section 460O by agreement, the 4[State] Government may, in its discretion, upon the application of the General Manager made with the approval of the 5[Brihan Mumbai Electric Supply and Transport Committee] 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 land needed for a public purpose within the meaning of the Land Acquisition Act, 1894 (I of 1894).
2. (2) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall, subject to the other provisions of this Act, be forthwith paid by the General Manager and thereupon the said property shall vest the Corporation for the purposes of the 6[Brihan Mumbai Electric Supply and Transport Undertaking.]

With respect to the disposal of property vesting in the corporation for the purposes of the

7[Brihan Mumbai Electric Supply and

Transport Undertaking] the following provision shall have effect, namely:—

1. (a) the General Manager may

8[* * * *] dispose of by sale, hire purchase or otherwise,

any movable property belonging to the corporation not exceeding in value in each instance,

9[ten thousand rupees];

1. (b) the General Manager may grant a lease of any immovable property belonging to the corporation for any period not exceeding twelve months at a time: 10[Provided that, every lease granted by the General Manager (other than a contract for monthly tenancy) the annual rent of which exceeds 11[seventy-five thousand rupees] shall be reported by him, within fifteen days after the same has been granted, to the 12[Brihan Mumbai Electric Supply and Transport Committee].]
2. (c) with the sanction of the 13[Brihan Mumbai Electric Supply and Transport Committee] the General Manager may dispose of, by sale or otherwise, any movable property belonging to the corporation of which the value does not exceed 14[five lakh rupees] and may grant a lease of any immovable property belonging to the corporation 15[for any continuous period] exceeding one year, or sell or grant a lease in perpetuity of any immovable property belonging to the corporation the 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 “Mayor-in-Council” by Mah. 27 of 1999, s. 173(a) and 174. These words were substituted for the words “the Member-in-charge and, if the price exceeds ten thousands rupees, by the Mayor-in-Council” by Mah. 27 of 1999, s. 173(b). 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. 173(a) and 174. 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 “with the approval of the Member-in-charge” were deleted by Mah. 27 of 1999, s. 175(a). These words were substituted for the words “two thousand rupees” by Mah. 17 of 2012, s. 8(1). This proviso was substituted by Mah. 10 of 1998, s. 211(b). These words were substituted for the words “fifteen thousand rupees” by Mah. 17 of 2012, s. 8(2). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s.175(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s.175(c). These words were substituted for the words “one lakh rupees” by Mah. 17 of 2012, s. 8(3)(i). These words were substituted for the words “for any period” by Mah. 17 of 2012, s. 8(3)(ii).

1[five lakh rupees] of the annual rental whereof does not exceed

2[fifty thousand rupees];

1. (d) with the sanction of the corporation, the General Manager may lease, sale or otherwise convey any property, movable or immovable, belonging to the corporation. Officers and Servants

sanctioned by

3[Brihan Mumbai Electric Supply and Transport Committee].— (1) The General

Manager shall, from time to time, prepare and bring before the

4[Brihan Mumbai Electric Supply and Transport Committee] a schedule setting forth the designations and grades of the officers and servants, who should in his opinion, be permanently maintained for the purposes of the

5[Brihan Mumbai Electric Supply and Transport Undertaking], and the amount and nature of the salaries, fees and allowances which he proposes should be paid to each.

1. (2) The 6[Brihan Mumbai Electric Supply and Transport Committee] shall sanction such schedule either as it stands or subject to such modifications as they deem expedient: Provided that—
   • (a) no new permanent post of which the aggregate emoluments exceed 7[ten thousand rupees] per mensem shall be created without the sanction of the corporation; and
   • (b) the corporation may by resolution direct that the scales of pay of any specified classes or grades of officers or servants shall not be varied without the approval of the corporation and, so long as such resolution is in force, the 8[Brihan Mumbai Electric Supply and Transport Committee] shall not authorise any variation in such scales without such approval.

No permanent officer or servant shall be entertained in any department of the

9[Brihan Mumbai Electric Supply and Transport Undertaking] unless his office and emoluments are included in the schedule at the time being in force, prepared and sanctioned under section 460R.

The General Manager may create temporary posts carrying a monthly salary exclusive of allowances not exceeding

10[ten thousand rupees] per mensem for a period of not more than six months and no such posts shall be continued beyond such period without the previous sanction of the

11[Brihan Mumbai Electric Supply and Transport Committee].

1. (2) The 12[Brihan Mumbai Electric Supply and Transport Committee] may create temporary posts carrying a monthly salary exclusive of allowances exceeding 13[ten thousand rupees] per mensem for a period of not more than six months. The 14[Committee] shall forthwith report to the corporation the creation of every such post and no such post shall be continued beyond a period of six months without the previous sanction of the corporation. These words were substituted for the words “one lakh rupees” by Mah. 17 of 2012, s. 8(3)(i). These words were substituted for the words “ten thousand rupees” by Mah. 17 of 2012, s. 8(3)(iii). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 176. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 176. These words were substituted for the words “Bombay Electricity supply and Transport undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 176. These words were substituted for the words “four hundred rupees” by Mah. 17 of 2012, s. 9. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 176. 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 “four hundred rupees” by Mah. 17 of 2012, s. 10(1). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s.177(a). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s.177(a). These words were substituted for the words “four hundred rupees” by Mah. 17 of 2012, s. 10(2). This word was substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 177(b).

1888 : III] The Mumbai Municipal Corporation Act 345

Subject to the provisions of sections

1[80B,] 460R and 460T, the power of appointing municipal officers and servants for the purposes of the

2[Brihan Mumbai Electric Supply and Transport Undertaking] shall vest in the

3[Brihan Mumbai Electric Supply and Transport Committee, if the post 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

4[and in the General Manager] in all other cases. 460V.

5[Brihan Mumbai Electric Supply and Transport Committee] to frame service regulations.— (1) The

6[Brihan Mumbai Electric Supply and Transport Committee] shall, from time to time frame regulations applicable to municipal officers and servants, appointed under this Chapter in regard to the following matters:—

1. (a) fixing the amount and the nature of the security to be furnished by any municipal officers or servants from whom it may be deemed expedient to requires security;
2. (b) regulating the grant of leave to municipal officers and servants;
3. (c) authorizing the payment of allowances to the said officers and servants or to certain of them, whilst absent on leave;
4. (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;
5. (e) authorizing the payment of travelling or conveyance allowances to the said officers and servants;
6. (f) regulating the period of service of all the said officers and servants;
7. (g) 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 the widows, or such other relations as may be prescribed, 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 allowance;
8. (h) authorizing the payment of contributions, at certain prescribed rates and subject to certain prescribed conditions, to any pension or provident fund which may with the approval of 7[the Committee], be established by the said officers and servants or such provident fund, if any, as may be established by 8[the Committee] for the benefit of the said officers and servants;
   • (i) in general prescribing any other conditions of service of the said officers and servants.

1. (2) No regulation made by the 9[Brihan Mumbai Electric Supply and Transport Committee] under the section shall have any force or validity unless and until it has been confirmed by the corporation.
2. (3) For the purpose of clause (h) of sub-section (1) any fund established prior to the acquisition of any undertaking by the corporation shall upon the undertaking becoming part of the 10[Brihan Mumbai Electric Supply and Transport Undertaking] be deemed to be established in the manner mentioned in the said clause, if upon the acquisition of such undertaking arrangements are made by the 11[Brihan Mumbai Electric Supply and Transport Committee] for the continuance of the fund. These figures and letter were inserted by Mah. 11 of 1964, s. 9. These words were substituted for the words “Brihan Mumbai Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2, Schedule. This portion was substituted by Mah. 27 of 1999, s. 178. These words were substituted for the words “and in the Bombay Electric Supply and Transport Committee” by Mah. 12 of 1990, s. 5(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 179 (a), (b), (c) and (d). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 179 (a), (b), (c) and (d). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 179(a)(ii). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 179(a)(ii). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 179(b). These words were substituted for the words “Brihan Mumbai Electric Supply and Transport Committee” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 179(c).

346 The Mumbai Municipal Corporation Act [1888 : III

Every municipal officer and servant appointed under the provisions of this Chapter may be fined, reduced, suspended or dismissed for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct, by the authority by whom such officer or servant is appointed.

1. (1) Subject to the provisions of any regulations made under section 460V, the General Manager may grant leave of absence to any officer or servant the power to appoint whom vests in him and for a period not exceeding three months to any other officer or servant appointed under the provisions of this Chapter. 1[(2) The Brihan Mumbai Electric Supply and Transport Committee may grant leave of absence for a period exceeding three months to any officer or servant appointed by the Committee.]

The appointment of a person to act in the place of an officer or servant appointed under the provisions of this Chapter when absent on leave may be made, when necessary, and subject to the regulations aforesaid, by the same authority who grants leave of absence. REVENUE AND EXPENDITURE The

2[Brihan Mumbai Electric Supply and Transport Fund]

3[Brihan Mumbai Electric Supply and Transport Fund].— Except as provided in section 460HH all moneys received by or on behalf of the corporation in respect of the operations of the

4[Brihan Mumbai Electric Supply and Transport Undertaking] shall be credited to a

fund, which shall be called the city of

5[Brihan Mumbai Electric Supply and Transport Fund] and which shall, subject to the provisions herein contained be held by the corporation in trust for the purpose of the said undertaking.

6[Brihan Mumbai Electric

Supply and Transport Fund] and to lodge them in bank.— All moneys payable to the credit of the

7[Brihan Mumbai Electric Supply and Transport Fund] shall be received by the General Manager and shall be forthwith paid into the

8[State Bank of India] or such banks in the city as may be approved by the corporation from time to time in this behalf to the credit of an account which shall be styled ‘ the account of the

9[Brihan Mumbai Electric Supply and Transport Fund ]’: Provided that the General Manager may, subject to any general or special directions issued by the

10[Brihan Mumbai Electric Supply and Transport Committee] retain such balances in cash as may be

necessary for the operations of the

11[Brihan Mumbai Electric Supply and Transport Undertaking].

13[Brihan Mumbai Electric Supply and Transport Fund] shall be drawn

against.— (1) Subject as hereinafter provided, no payment shall be made by the Bank aforesaid out of

the

14[Brihan Mumbai Electric Supply and Transport Fund] except on a cheque singed by two persons in the manner specified below, namely:—

This sub-section was substituted by Mah. 27 of 1999, s. 180. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. These words were substituted for the words “the Imperial Bank of India” by Mah. 10 of 1998, s. 217(a). These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 181. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. Section 460BB was substituted for the original by Mah. 39 of 1961, s. 12. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule. These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, Schedule.

1888 : III] The Mumbai Municipal Corporation Act 347

1. (a) by the Commissioner, or by the General Manager, or by the Deputy General Manager or in their absence by a municipal officer whose name appears in a list of officers approved by the 1[Brihan Mumbai Electric Supply and Transport Committee] authorised to sign cheques; and
2. (b) by a municipal officer whose name appears in the said list: Provided that, cheque for an amount not exceeding two thousand rupees if signed by the Commissioner or by the General Manager or by the Deputy General Manager or by two officers whose names appear in the said list shall be sufficient authority for the payment of the amount there out of the fund by the said Bank.

1. (2) Payment of any sum due by the Corporation out of the 2[Brihan Mumbai Electric Supply and Transport Fund] in excess of one hundred rupees (or such higher amount as 3[the Brihan Mumbai Electric Supply and Transport 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) Payments not covered by sub-section (2) may be made by the General Manager in cash or cheques for a sum not exceeding five thousand rupees each (or such higher amount as 4[the Brihan Mumbai Electric Supply and Transport Committee] may from time to time fix) signed as aforesaid, being drawn from time to time to cover such payments.]

5[Brihan Mumbai Electric Supply and Transport Fund] may be made with bank or agency out of

6[Brihan Mumbai] when convenient.— Notwithstanding

anything contained in sections 460AA and 460BB, the General Manager may, with the previous approval of the

7[Brihan Mumbai Electric Supply and Transport Committee] from time to time, remit to and deposit with a bank or other agency at any place beyond the city any portion of the

8[Brihan Mumbai Electric Supply and Transport Fund] and any money payable to the credit of the

9[Brihan Mumbai

Only sums covered by budget-grant to be expended from

10[Brihan Mumbai Electric Supply and Transport Fund].— (1) Except as hereinafter provided, no payment of any sum shall be made by the General Manager out of the

11[Brihan Mumbai Electric Supply and Transport 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 134: Provided that the following items shall be excepted from this prohibition, namely:—

1. (a) sums of which the expenditure has been sanctioned by the 12[Brihan Mumbai Electric Supply and Transport Committee] under section 132; These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 182(a). 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 “Mayor-in-Council” by Mah. 27 of 1999, s. 182(b). These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 182(c). 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 “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. 183. 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. 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. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 184(a).

348 The Mumbai Municipal Corporation Act [1888 : III

1. (b) repayments of money belonging to contractors, consumers or other persons held in deposit and of money collected or credited to the 1[Brihan Mumbai Electric Supply and Transport Fund] by mistake;
2. (c) sums which the General Manager is under the provisions of this Act or any other enactment required or empowered to pay by way of compensation;
3. (d) sums payable in any of the circumstances mentioned in clause (f) of section 460GG ;
4. (e) costs incurred by the General Manager under section 64;
5. (f) any sum required to make good to the municipal fund, any payment made by the Commissioner out of the municipal fund under the provisions of section 115 for the purpose of the 2[Birihan Mumbai Electric Supply and Transport Undertaking]: 3[Provided further that, in the case of an emergent necessity for funds, and upon a representation by 4[the Standing 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 General Manager to pay from the 5[Brihan Mumbai Electric Supply and Transport Fund] into the municipal fund such sum as may be specified, as a temporary advance for meeting such emergency.]

1. (2) In sub-section (1) ‘budget-grant’ means a budget-grant within the meaning of that terms as defined in section 130 and includes any sum by which such budget-grant may at any time be increased by a transfer under sub-section (1) of section 133.

6[Brihan Mumbai Electric Supply and Transport Fund] to be checked by

7[Officers of the Brihan Mumbai Electric Supply and Transport Undertaking].— The

8[Officers of the Brihan Mumbai Electric Supply and Transport Undertaking] shall not sign any cheque under section 460BB 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 one of the excepted descriptions specified in the proviso to sub-section (1) of section 460DD.

1. (d) of the proviso to sub-section (1) of 460DD.— Whenever any sum is expended by the General Manager under clause (c) or (d) of the proviso to sub-section (1) of section 460DD he shall forthwith communicate the circumstances to the 9[Brihan Mumbai Electric Supply and Transport Committee] who shall take such action under sub-section (2) of section 133 or recommend to the corporation to take such action as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.

10[Brihan Mumbai Electric Supply and Transport Fund] is to be applied.— The money from time to time credited to the

11[Brihan Mumbai Electric Supply and Transport Fund] shall be applied in payment of all sums, charges and costs necessary for the purposes of

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 Undertaking” by Mah. 25 of 1996, s. 2, Schedule. This proviso was added by Mah. 32 of 1966, s. 6. These words were substituted for the words “The Mayor-in-Council” by Mah. 27 of 1999, s. 184(b). 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. These words were substituted for the words “members of the Brihan Mumbai Electric Supply and Transport Undertaking” by Mah. 10 of 1998, s. 221. These words were substituted for the words “members of the Brihan Mumbai Electric Supply and Transport Undertaking” by Mah. 10 of 1998, s. 221. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 185. 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.

1888 : III] The Mumbai Municipal Corporation Act 349

acquiring, maintaining, operating and improving the

1[Brihan Mumbai Electric Supply and Transport Undertaking] and of carrying into effect the provisions of this Chapter, or of which the payment shall be duly directed or sanctioned by or under any of the provisions of this Act, inclusive of—

1. (a) the repayment of the municipal fund of any amount disbursed therefrom for the purposes of the 2[Brihan Mumbai Electric Supply and Transport Undertaking] including the cost of, or

reasonable charges for, all supplies provided and services rendered for any such purpose by the

Commissioner at the charge of the municipal fund;

1. (b) the payment to the municipal fund of a sum of money equivalent to the sum which would have been payable under this Act on account of rates, taxes, fees or other imposts in respect of lands and buildings and other properties moveable and immovable, of the 3[Brihan Mumbai Electric Supply and Transport Undertaking] if the said lands, buildings and other properties had not vested in the corporation; 4[(c) the payment of the salary and other allowances of the 5[* * * *] General Manager];
2. (d) the payment of salaries and other allowances of all municipal officers and servants appointed under the provisions of this Chapter and all contributions to provident funds, pension, gratuities and compassionate allowances payable under the provisions of this Chapter or of an schedule or regulations framed under this Chapter and at the time in force;
3. (e) the payment of all expenses and costs incurred by the General Manager in the exercise of any power or the discharge of any duty conferred or imposed upon him for the purposes of, or in connection with, the 6[Brihan Mumbai Electric Supply and Transport Undertaking] under the provisions of this Act or of any other enactment including money which he is required or empowered to pay by way of compensation;
4. (f) the payment for the purchase of goods and equipment intended for resale or for letting out on hire or hire purchase under the provisions of this Chapter;
5. (g) the payment of every sum payable under a decree or order of a civil or criminal court passed against the corporation or against the Commissioner or the General Manager ex-officio in any proceeding arising out of the acquisition, maintenance or operation of the 7[Brihan Mumbai Electric Supply and Transport Undertaking] or under a compromise effected under section 517 of any suit or other legal proceeding or claim arising out of such acquisition, maintenance or operation;
6. (h) every sum required by the provisions of section 160KK or 160LL to be transferred to the municipal fund.

8[Brihan Mumbai Electric Supply and Transport Staff Benefit Fund].— Fines collected under section 460W, donations from passengers, and the proceeds of the sale of unclaimed lost property recovered from vehicles of the

9[Brihan Mumbai Electric Supply and

Transport Undertaking] shall be credited to a separate fund to be called “the

10[Brihan Mumbai Electric Supply and Transport Staff Benefit Fund]” the proceeds of which shall be expended in promoting the well being of municipal officers and servants appointed under this Chapter and for the payment of compassionate allowances to the widows of such officers and servants who die while in municipal

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 “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. This clause was substituted by Mah. 10 of 1998, s. 223. The words “the Member-in-charge and” were deleted by Mah. 27 of 1999, s. 186. 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 “Bombay Electric Supply and Transport Staff Benefit Fund” 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 “Bombay Electric Supply and Transport Staff Benefit Fund” by Mah. 25 of 1996, s. 2, Schedule.

350 The Mumbai Municipal Corporation Act [1888 : III

service and to such other relations of the officers and servants as

1[the Brihan Mumbai Electric Supply and Transport Committee] may from time to time determine.

With the previous approval of the corporation,

2[the Brihan Mumbai Electric Supply and Transport Committee] may direct that any portion of the

3[Brihan Mumbai Electric Supply and Transport Fund] may from time to time be credited to a separate heading in the accounts maintained under section 460MM, provided that there shall be credited and debited to such special heading such sums only as shall expressly relate to the object for which a special fund is so created. Disposal of Balances

1. (1) Surplus moneys at the credit of the 4[Brihan Mumbai Electric Supply and Transport Fund] which cannot immediately or at an early date, be applied to the purposes of this Act or of any loan raised for the purposes of the 5[Brihan Mumbai Electric Supply and Transport Undertaking] may be, from time to time deposited at interest in the 6[State Bank of India] or such other bank as may have been approved by the corporation under section 460AA or be invested in public securities.
2. (2) All surplus moneys which it is necessary to keep readily available for application to such purposes, and all surplus moneys which cannot in the opinion of the General Manager, concurred in by 7[the Brihan Mumbai Electric Supply and Transport Committee], be favourably deposited or invested as aforesaid, may be deposited at interest at any bank or banks in the city which the 8[Brihan Mumbai Electric Supply and Transport Committee] may, subject to the control of the corporation, from time to time select for the purpose.
3. (3) All such deposits and investments shall be made by the General Manager on behalf of the corporation, with the sanction of 9[the Brihan Mumbai Electric Supply and Transport Committee] and with the like sanction, the General Manager may at any time withdraw any deposit so made or dispose of any securities and redeposit 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 by three persons in the manner specified in sub-section (1) of section 460BB for signing of cheques.
4. (4) The loss, if any, arising from, any such deposit or investment shall be debited to the 10[Brihan Mumbai Electric Supply and Transport Fund]. Payment out of surplus balance

1. (1) Out of the balance of income over expenditure remaining at credit of the Revenue Account of the 11[Brihan Mumbai Electric Supply and Transport Fund] at the close of each official year, after defraying or making allowance for all charges, costs and expenses payable out of the revenue of the said fund and allowing for the retention of a cash balance of one lakh of rupees at the least to the credit of the said fund, there shall be transferred to the credit of the municipal fund the amount provided in sub-section (2):

Provided that if the balance at credit of the said Revenue Account, after allowing for the matter

aforesaid, is less than the amount provided in sub-section (2), the whole of such balance shall be

These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 187(a)(i). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 188. 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. 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 “Imperial Bank of India” by Mah. 10 of 1998, s. 226(a). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 189(b). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 189(a)(ii). These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 189(b). 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.

1888 : III] The Mumbai Municipal Corporation Act 351

transferred to the municipal fund and any deficit shall be made good to the municipal fund out of the Revenue Reserve Fund maintained under section 460LL and if the deficit still remains it shall be made good to the municipal fund out of the balance available at credit of the Revenue Account of the next or any subsequent year after allowing for all the matters aforesaid and for the amount provided in sub- section (2) in respect of that year.

1. (2) The amount to be transferred to the municipal fund under sub-section (1) shall be,—
   • (a) in the case of the official year ended on the 31 st March 1948 the sum of five lakhs of rupees; 1[(b) in the case of the official year ended on the 31 st March 1949 and the 31 st March 1950, in respect of each year, the sum of ten lakhs of rupees;
   • (c) in the case of the official year ending on the 31 st March 1951, the sum of twenty-five lakhs of rupees;
   • (d) in the case of each subsequent year until the year ending on the 31 st March 1955, at progressively increasing scale, the sum of three lakhs of rupees in addition to the sum paid in respect of the previous official year;
   • (e) in the case of the official year ending on the 3l st March 1956 and each subsequent official year, the sum of forty lakhs of rupees.]
2. (3) The sum to be transferred under sub-section (1) shall be paid into the 2[State Bank of India] to the credit of the municipal fund by means of a cheque drawn upon the 3[Brihan Mumbai Electric Supply and Transport Fund] not later than the thirtieth day of June immediately following the close of the year in which the balance out of which the transfer is due to be made accrues.

1. (1) If after making allowance for the matters mentioned in section 460KK, there remains any further surplus balance of income over expenditure at credit of the Revenue Account of the 4[Brihan Mumbai Electric Supply and Transport Fund], such surplus shall be disposed of as follows:—
   • (a) 30 per cent. of the surplus shall be credited under a separate heading in the accounts maintained under section 460MM to a special fund to be called ‘the Revenue Reserve Fund’, unless the balance in the said Revenue Reserve Fund, with such credit, would exceed fifty lakhs of rupees, in which case only such sum, if any, as is required to bring the balance to fifty lakhs of rupees shall be so credited and the remainder of the surplus upto 30 per cent. thereof, shall be added in equal shares to the amounts credited or transferred under clauses (b), (c) and (d);
   • (b) 30 per cent. of the surplus and such additional amount as may be available under clause
   • (a) shall be credited under a separate heading in the accounts maintained under section 460MM to a special fund called ‘the 5[Brihan Mumbai Electric Supply and Transport Betterment Fund]’;
   • (c) 25 per cent. of the surplus and such additional amount as may be available under clause
   • (a) shall be transferred to the municipal fund for credit to the Welfare Fund mentioned in section 120A; and
   • (d) 15 per cent. of the surplus and such additional amount as may be available under clause
   • (a) shall be transferred to the municipal fund.
2. (2) The Revenue Reserve Fund shall be applied to the following purposes:—
   • (i) in making good or in reduction of any deficit in the amount to be transferred in any year to the municipal fund under section 460KK; and Clauses (b) to (e) were substituted for clauses (b) and (c) by Bom. 48 of 1950, s. 71. These words were substituted for the words “the Imperial Bank of India” by Mah. 10 of 1998, s. 227. 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. These words were substituted for the words “Bombay Electric Supply and Transport Betterment Fund” by Mah. 25 of 1996, s. 2, Schedule.

352 The Mumbai Municipal Corporation Act [1888 : III

1. (ii) in meeting any charges to be defrayed out of the 1[Brihan Mumbai Electric Supply and Transport Fund] to the extend to which the balance available in the fund is insufficient for the purpose.

1. (3) The 2[Brihan Mumbai Electric Supply and Transport Betterment Fund] shall be applied to improvements in the services, amenities and facilities provided for the public by the 3[Brihan Mumbai Electric Supply and Transport Undertaking].
2. (4) The amounts to be transferred to the municipal fund under clauses (c) and (d) of sub-section (1) shall be paid into the

4[State Bank of India] to the credit of the municipal fund by means of cheques

drawn upon the

5[Brihan Mumbai Electric Supply and Transport Fund] not later than the thirtieth day of June immediately following the close of the official year in which the transfers are due to be made. Accounts

6[Brihan Mumbai Electric Supply and Transport Undertaking].—

1. (1) Accounts of the receipts and expenditure of the corporation on account of the 7[Brihan Mumbai Electric Supply and Transport Undertaking] and of the properties vested or vesting in the corporation for the purposes of the said undertaking shall be kept in such manner and in such forms as the 8[Brihan Mumbai Electric Supply and Transport Committee] shall from time to time prescribe.
2. (2) The 9[General Manager] shall publish such accounts in the Official Gazette every year.

10[The General Manager shall, as soon as may be after each first day of April, have prepared a detailed report of the administration of the

11[Brihan Mumbai Electric Supply and Transport Undertaking] during the previous official year, together with a statement showing the amount of the receipts and disbursement respectively credited and debited to the

12[Brihan Mumbai Electric Supply and Transport Fund] during the said year and the balance at the credit of the fund at the close of the said year as also an account of the balance due on

13[loans and shall submit the same to Brihan Mumbai Electric Supply and Transport Committee.]

1. (2) After an examination and review of the report and statement by 14[the Brihan Mumbai Electric Supply and Transport Committee] copy of the report together with a copy of 15[the Committee] review shall be forwarded to the usual or last known address of each councillor atleast eight days previous to the ordinary meeting of the corporation in the next following month of October and copies thereof shall be delivered to any person requiring the same on payment of such reasonable fee for each copy as the General Manager, with the previous approval of 16[the Brihan Mumbai Electric Supply and Transport Committee] shall determine. Miscellaneous 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 Betterment Fund” 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 “the Imperial Bank of India” by Mah. 10 of 1998, s. 228. 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 ond Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Electric Supply ond Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 190. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 190. These words were substituted for the words “Member-in-charge” by Mah. 27 of 1999, s. 191. 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 Fund” by Mah. 25 of 1996, s. 2,

Schedule. This portion was substituted by Mah. 27 of 1999, s. 191(a)(ii). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 191(b)(i). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 191(b)(ii). These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 191(b)(i).

1888 : III] The Mumbai Municipal Corporation Act 353

Nothing in this Chapter shall limit the

powers of any police officer to regulate the passage of any traffic along or across any street along or

across which any tramways are laid down and the police officer may exercise his authority as well on as off the tramway, and with respect as well to the traffic of the

1[Brihan Mumbai Electric Supply and

Transport Undertaking] as to the traffic of other persons.

No carriages with flange- wheels or wheels suitable only to run on a grooved rail, except those belonging to the

2[Brihan Mumbai Electric Supply and Transport Undertaking], shall be entitled to pass along a tramway, but subject to this provision, nothing in this Act shall take away or abridge the right of the public to pass along or across every or any part of any street along or across which any tramway is laid whether on or off the tramway, with carriages not having flange-wheels or wheels suitable only to run on a grooved rail.]