Chapter XVII Chapter XVII

By-Laws 461.

3[By-laws for purposes other than the

4[Brihan Mumbai Electric Supply and Transport Undertakings]].— The corporation may from time to time make by-laws, not inconsistent with this Act, with respect to the following matters, namely:—

1. (a) regulating, in any particular not specifically provided for in this Act, the construction, maintenance and control of drains, ventilation-shafts or pipes, cesspools, water-closets, privies, latrines, urinals, drainage-works of every description, whether belonging to the Corporation or to other persons, municipal water-works, private communication-pipes and other public streets;
2. (b) regulating all matters and things connected with the supply and use of water;
3. (c) the structure of walls, foundations, roofs and chimneys, 5[the number, width and position of staircases, corridors and passages,] 6[the materials, dimensions and strength of floors and staircases and of all scantlings, girders, posts and columns] of

7[* * * *] buildings, for securing

stability and the prevention of fires

8[and the safety of the inmates in the event of fire] and for purposes of health;

9[(cc) the construction of scaffolding for building operations to secure the safety of the operatives and of the general public;]

1. (d) the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings; 10[(dd) the provision and maintenance of suitable means of access to buildings;]
2. (e) the provision and maintenance of house-gullies; 11[(ee) collection, removal and disposal of solid waste;]
3. (f) the control and supervision of all premises, used for any of the purposes mentioned in section 394, and of all trades and manufactures carried on therein 12[and the prescribing and regulating of the construction dimensions, ventilation, lighting, cleansing, drainage and water supply of any such premises;] 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 marginal note was substituted for the original by Bom. 48 of 1948, s. 41. 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 original by Bom. 76 of 1948, s. 28. These words were inserted by Bom. 5 of 1905, s. 56(1)(b). The words “new” was repealed by Bom. 5 of 1905, s. 56(1)(a). These words were inserted by Bom. 2 of 1911, s. 17(1)(b). Clause (cc) was inserted by Bom. 5 of 1905, s. 56(3). Clause (dd) was inserted by Bom. 5 of 1905, s. 56(3). Clause (ee) was inserted by Mah. 10 of 1998, s. 231(a). These words were added by Bom. 1 of 1916, s. 12.

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1. (g) the inspection of milch-cattle and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water-supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy men or milk-sellers;
2. (h) securing the cleanliness of milk-stores, milk-shops and milk-vessels used by such persons for containing milk;
3. (j) requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing precautions to be taken for protecting milch cattle and milk against infection or contamination;
4. (k) securing the efficient inspection of markets and slaughter-houses and of shops in which articles intended for human food are kept or sold;
5. (l) the control and supervision of butchers carrying on business within the city or at a municipal slaughter-house outside the city;
6. (m) regulating the use of any municipal market-building, market place or slaughter-house or any part thereof; 1[(ma) regulating the purchase and sale of and conditions of trading in, agricultural produce

2[, animals, elegant or exotic birds and elegant or exotic fishes (except those animals, birds and

fishes prohibited under the Wildlife (Protection) Act, 1972 (53 of 1972) or under any other law for the time being in force)] specified in Schedule JJ in municipal and private market and establishment of markets for such produce;]

1. (n) controlling and regulating the sanitary condition of market and slaughterhouses and preventing the exercise of cruelty therein; 3[(nn) controlling and regulating the carriage or removal of fish through public streets by fish- vendors]; 4[(o) 5[* * * * * *]
   • (ii) publishing a price current;] 6[(oo) the licensing of hand-carts, other than those exempted from taxation under section 181 or those plying for hire in respect of which licences have been issued under 7[Bombay Act VI of 1863 and the seizure and detention of any such hand-carts that have not been duly licensed;]
2. (p) regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary conditions, due regard being had to the religious usages of the several classes of the community;
3. (q) facilitating and securing complete and accurate registration of births and deaths;
4. (r) the registration of marriage;
5. (s) facilitating when requisite the taking of a census and securing accurate returns; 8[(t) regulating delegation of powers and duties of the Standing Committee, the Improvements Committee and the Education Committee to sub-committee;] 9[(u) the constitution of Primary Education Consultative Committee appointed under section 39;] Clause (ma) was inserted by Bom. 54 of 1955, s. 11. The words, brackets and figures were inserted by Mah. 31 of 2018, s. 5. This clause was inserted by Bom. 76 of 1948, s. 28. This clause was substituted for the original clause by Bom. 4 of 1921, s. 3. Sub-clause (i) was repealed by the Bombay Weights and Measures Act, 1932 (Bom. 15 of 1932), which came into effect in Bombay City on 1 st August 1935, vide Government Notification, General Department, No. 9518, dated 30 th April 1935. This clause was inserted by Bom. 2 of 1911, s. 17(2). See now Bom. 7 of 1920. Clause (t) was substituted by Mah. 27 of 1999, s. 192(a). These clauses were substituted for clause (u) by Mah. 27 of 1999, s. 192(b).

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1. (v) determining the constitution, powers and duties of any committee which the Corporation may appoint under section 40 or 41;] 1[(vv) securing the protection of public parks, gardens and open spaces vested in or under the control of the corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them;] 2[(w) the administration and management of the municipal primary schools and the recognising and aiding of schools for primary education;]

3[(ww) the conditions subject to which a lease of immovable property may be granted at a

concessional rent to a Co-operative Housing Society of municipal officers and servants or a public trust for charitable purposes under clause (dd) of section 92;]

4[(x) the management, use and regulation of dwellings constructed for the poorer or working classes under any scheme duly sanctioned under the

5[City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925;]

1. (y) the conditions on which loan shall be advanced and the form of application 6[for loans under section 349W or 354WA]; 7[* * * *] 8[(yy) the officers and servants of the Corporation who shall be eligible for housing loans and the form of application to be made for such loans under section 354WBB, the adjoining areas for the purposes of that section, and the conditions on which such loans may be granted;] 9[(yya) regulation of all matters connected with traffic system and traffic demand measures including installation and maintenance of “equipment system”. Explanation.— For the purposes of this clause, an “equipment system” means traffic signals and associated equipment like data communication network, Controllers, central monitoring equipment and all other equipments required for traffic control and enforcement;] 10[(z)] carrying out generally the provisions and intentions of this Act: 11[Provided that in the suburbs 12[or extended suburbs] or in any part thereof, the corporation shall have the power to impose under by-laws such special conditions as it may deem fit to impose in respect of matters falling under clauses (a), (b), (c) and (e) of this section and under section 349E].

14[Brihan Mumbai Electric Supply and Transport Undertaking].— (1) The corporation may from time to time make bye-laws for regulating matters affecting the conduct of the

15[Brihan Mumbai Electric Supply and Transport Undertaking] not inconsistent with the provisions of this Act or of any other enactment applicable to the undertaking or with the provisions of any rules, by-laws, regulations, permit or licence issued thereunder.

This clause was inserted by Bom. 6 of 1922, s. 32. Clause (w) was substituted for the original by Bom. 48 of 1950, s.72(3). Clause (ww) was inserted by Mah. 50 of 1981, s. 4(a). These clauses were inserted by Bom. 13 of 1933, s. 36(b). The City of Bombay Improvement Act, 1898, was repealed by the City of Bombay Improvement Trust Transfer Act, 1925, which has been repealed by Bom. 13 of 1933. These words were substituted for the words “for the advance of a loan under section 354 W”, by Bom. 34 of 1954, s. 26. The word “and” was deleted by Mah. 50 of 1981, s. 4(b). Clause (yy) was inserted by Mah. 50 of 1981, s. 4(c). Clause (yya) was inserted by Mah. 11 of 2002, s. 26. Clause (w) was re-lettered as (z) by Bom. 13 of 1933, s. 36(c). This proviso was added by Bom. 7 of 1950, s. 6(1). These words were inserted by Bom. 58 of 1956, s. 24. This section was inserted by Bom. 48 of 1948, s. 42. 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.

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1. (2) In particular, and without prejudice to the generality of the foregoing power such bye-laws may provide for the following matters, namely:—
   • (a) the rate of speed to be observed in travelling upon the tramways of the 1[Brihan Mumbai Electric Supply and Transport Undertaking];
   • (b) the distances at which carriages using the said tramways shall be allowed to follow one after the other;
   • (c) the stopping of carriages using the said tramways;
   • (d) the hours at which such carriages carrying goods shall run on the tramways;
   • (e) the prevention of the commission of any nuisance in or upon any vehicle of the 2[Brihan Mumbai Electric Supply and Transport Undertaking] used for the conveyance of the public or in or against any premises of the undertaking;
   • (f) generally for regulating the travelling in or upon vehicles of the 3[Brihan Mumbai Electric Supply and Transport Undertaking] used for the conveyance of passengers; and
   • (g) the observance by municipal officers and servants appointed in connection with the 4[Brihan Mumbai Electric Supply and Transport Undertaking] of sobriety, courtesy and special vigilance to prevent danger to persons or vehicles using the streets.
2. (3) In respect of any transport undertaking acquired by the corporation, all by-laws and regulations relating to such undertaking in force immediately before such acquisition shall be deemed to have been made under sub-section (1) and shall continue in force until altered, repealed or amended by the corporation.]

In making a by-law under

5[section 461 or 461 A], the corporation may provide that a breach of it shall be punishable with fine which may extend to

6[two thousand rupees] and, in the case of a continuing breach with fine which may extend to

7[one hundred rupees] for every day, after conviction for the first breach or after receipt of written notice from the Commissioner to discontinue the breach, during which the breach continues.

8[State] Government as the case may be.— No by-laws

9[* * * *] shall have any validity unless, and until it is confirmed

10[in the case of bylaw made under clause (s) of section 461, by the Central Government, and in the case of any other by-law, by the

11[State] Government].

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. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. These words, figures, letters were substituted for the original words by Bom. 48 of 1948, s. 43. These words were substituted for the words “five hundred rupees” by Mah. 10 of 1998, s. 232(a). These words were substituted for the words “twenty rupees,” by Mah. 10 of 1998, s. 232(b). These words were substituted for the words “a fee of two annas per each copy” by Mah. 42 of 1976, s. 14. The words “made under either of the two last preceding sections” were omitted by the Adaptation of Indian Laws Order in Council. The words, figures, letter and brackets “in the case of a by-law made under clause (s) of section- 461, by the Central Government, and in the case of any other by-law, by the Provincial Government” were substituted for the words “by 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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It shall be the duty of the Commissioner from time to time to lay before the corporation for their consideration a draft of any by-law

1[which he shall think] necessary or desirable for the furtherance of any purpose of this Act.

1. (1) No by-law shall be finally approved by the corporation, unless notice of the intention of the corporation to take the same into their consideration has been given by advertisement in the 2[Official Gazette] and in the local newspapers six weeks at least before the day of the meeting at which the corporation finally consider such by-law.
2. (2) The corporation shall, before approving the by-law, receive and consider any objection or suggestion which may be made in writing by any person with respect thereto before the day of the said meeting; and any person desiring to object to a by-law, on giving written notice to the president of the corporation, not less than ten days before the day of the said meeting, of the nature of his said objection may, by himself or his counsel, attorney or agent, be heard by the corporation thereon at the said meeting, but not so as that more than one person be heard on the same matter of objection.

1. (1) For one month at least before the

day of the meeting at which the corporation finally consider a by-law, a printed copy of such by-law

shall be kept at the chief municipal office for public inspection and every person shall be permitted, at any reasonable time to peruse the same, free of charge.

1. (2) Printed copies of the proposed by-law shall also be delivered to any person, requiring the same on payment of such fee, 3[not exceeding twenty-five rupees for each copy, as shall be 4[determined by the Commissioner].

5[State] Government to be published in the

6[Official Gazette].— When any by-law has been confirmed

7[by the Central or the

8[State] Government, as the case may be], it shall be published in the

9[Official Gazette] and thereupon shall have the force of law.

1. (1) The 10[Commissioner] shall cause all by-laws from time to time in force to be printed, and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of 11[such fee per copy as the Commissioner may from time to time, fix].
2. (2) Notice of the fact of copies of the by-laws being obtainable at the said price, and of the place

where and the person from whom the same are obtainable, shall be given by the Commissioner from

time to time by advertisement in the local newspapers.

1. (3) Boards, with the by-laws printed thereon or with printed copies of the by-laws affixed thereto, shall be hung or affixed in some conspicuous part of the municipal office and in such places of public This portion was substituted by Mah. 27 of 1999, s. 193. 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 “not exceeding one rupee for each copy, as shall be prescribed by the Commissioner” by Mah. 10 of 1998, s. 234. These words were substituted for the words “prescribed by the Mayor-in-Council” by Mah. 27 of 1999, s. 194. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. The words “by the Central or the Provincial Government as the case may be” were substituted for the words “by Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. This word was substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 195. These words were substituted for the words “a fee of two annas per each copy” by Mah. 42 of 1976, s. 14.

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resort, markets, slaughter-houses and other works or place affected thereby, as the Commissioner thinks fit, and the said boards shall from time to time be renewed by the Commissioner.

1. (1) No Municipal Officer or servant shall at any reasonable time prevent the inspection of any board provided by the Commissioner, under the last preceding section by any person desiring to inspect the same.
2. (2) No person, shall without lawful authority, destroy, pull down, injure or deface any such boards.

In regard to by-laws made or required or proposed to be made under section 461A, the provisions of sections 466,

468 and 469 shall apply as if for the word “Commissioner” the words “General Manager” had been

substituted, and as section 468 had provided for the display of the relevant bylaws in every vehicle of the

2[Brihan Mumbai Electric Supply and Transport Undertaking] used for the conveyance of the public.]

4[State] Government] as the case may be, may repeal by-laws.— (1) If it shall at any time appear to the

6[State] Government] that any by-laws should be

7[modified or] repealed either wholly or in part,

8[it] shall cause

9[its], reasons for such opinion to be communicated to the corporation and prescribe a reasonable period within which the corporation may make any presentation with regard thereto which they shall think fit.

1. (2) After receipt and consideration of any such representation or, if in the meantime no such representation is received, after the expiry of the prescribed period, the 10[ 11[State] Government] may at any time, by notification in the 12[Official Gazette] 13[modify or] repeal such by-law either wholly or in part: 14[Provided that no by-law shall be modified or repealed in part only by the 15[ 16[State] Government] if, within the period aforesaid the corporation have objected to a modification or partial repeal thereof.]
2. (3) The 17[modification or] repeal of a by-law under sub-section (2) shall take effect from such date as the 18[ 19[State] Government] shall in the said notification direct or, if no such date is specified, from This section was inserted by Bom. 48 of 1948, s. 44. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Bom. 5 of 1905, s. 75(a). The words “its” and “its” were substituted for the words “he” and “his” respectively by the Adaptation of Indian Laws Order in council. The words “its” and “its” were substituted for the words “he” and “his” respectively by the Adaptation of Indian Laws Order in council. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. These words were inserted by Bom. 5 of 1905, s. 57(b). This proviso was substituted for the original proviso, by Bom. 5 of 1905. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These words were inserted by Bom. 5 of 1905, s. 57(b). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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the date of the publication of the said notification in the

1[Official Gazette], except as to anything done or suffered or omitted to be done before such date.

1. (4) The said notification shall also be published in the local newspapers. 2[(5) The powers conferred by this section on the 3[State] Government, shall in relation to any by- law made under clause (s) of section 461, be powers of the Central Government.]