Chapter XIX PROCEDURE

Licences

1. (1) Whenever it is provided in this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which, and the restrictions and conditions subject to which, the same is granted, and shall be given under the signature of the Commissioner or of a municipal officer empowered under section 68 to grant the same.
2. (2) Fees to be chargeable.— For every such licence or written permission a fee may be charged at such rate as shall from time to time be fixed by the 1[Commissioner], with the sanction of the Corporation.
3. (3) Licences and written permissions may be revoked, etc.— Subject to the provisions of 2[clauses (d) and (dd)] of section 403, any licence or written permission granted under this Act may at any time be suspended or revoked by the Commissioner, if any of its restrictions or conditions is infringed or evaded by the person to whom the same has been granted, or if the said person is convicted of an infringment of any of the provisions of this Act or of any regulation or by-law made hereunder in any matter to which such licence or permission relates.
4. (4) When licence or written permission is revoked, etc., grantee to be deemed to be without a licence or written permission.— When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired the person to whom the same was granted shall for all purposes of this Act, be deemed to be without a licence or written permission until the Commissioner’s order for suspending or revoking the licence or written permission is cancelled by him or until the licence or written permission is renewed, as the case may be.
5. (5) Grantees to be bound to produce licence or written permission.— Every person to whom any such licence or written permission has been granted shall at all reasonable times while such written permission or licence remains in force, if so required by the Commissioner produce such licence or written permission. Public Notices and Advertisements

Whenever it is provided by this Act that public notice shall or may be given of anything, such public notice shall be in writing under the signature of the Commissioner

3[or the General Manager] or of a municipal officer empowered under section

4[68 or

68B] to give the same and shall be widely made known in the locality to be affected thereby affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of bataki or by advertisement in the local newspapers, or by any two or more of these means and by any other means that he shall think fit.

Whenever it is provided by this Act that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the local newspapers such notice, notification or information shall be inserted if practicable, in at least two English newspapers, one Marathi newspaper and one Gujarati newspaper published in

5[Brihan Mumbai].

6[Commissioner, General Manager, etc.] may be proved by written document under his signature.— Whenever under this Act the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of

7[the Commissioner or the General Manager],

8[or the Director] or of a Deputy Commissioner or any

This word was substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 196. The words, letters and brackets “clauses (d) and (dd)” were substituted for the word, letter and brackets “clause (d)” by Bom. 32 of 1935, s. 14. These words were inserted by Bom. 48 of 1948, s. 46(i). These figures, word and letter were substituted for the figures “68” by Bom. 48 of 1948, s. 46(ii). These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule 4(1). These words were substituted for the original by Bom. 48 of 1948, s. 47. These words were substituted for the original by Bom. 48 of 1948, s. 47. These words were inserted by Mah. 53 of 1981, s. 19(a).

1888 : III] The Mumbai Municipal Corporation Act 381

municipal officer, a written document signed by

1[the Commissioner or General Manager]

2[or Director] or by such Deputy Commissioner or municipal officer, purporting to convey or set forth his consent, approval, declaration, opinion or satisfaction shall be sufficient evidence of such consent, approval, declaration, opinion or satisfaction. Service of notices, etc.

Notices, bills, schedules, summonses and other such documents required by this Act or by any regulation or by-law made under this Act to be served upon or issued, or presented or given to any person, shall be served, issued or presented or given, by municipal officers or servants or by other person authorized by

3[the Commissioner or the General Manager] in this behalf.

When any notice, bill, schedule, summons or other such document is required by this Act, or by any regulation or by-law made under this Act, to be served upon or issued or presented to any person, such service, issue or presentation shall except in the cases otherwise expressly provided for in section 485, be effected,—

1. (a) by giving or tendering to such person the said notice, bill, schedule, summons or other document; or
2. (b) if such person is not found, by leaving the said notice, bill, schedule, summons or, other document at his last known place or abode in the 4[Brihan Mumbai] or by giving or tendering the same to some 5[adult member] or servant of his family; or
3. (c) if such person does not reside in 6[Brihan Mumbai] and his address elsewhere is known to 7[the Commissioner or the General Manager], by forwarding the said notice, bill, schedule, summons or other document to him by post under cover bearing the said address; or
4. (d) if none of the means aforesaid be available by causing the said notice, bill, schedule, summons or other document to be affixed on some conspicuous part of the building or land, if any, to which the same relates.

When any notice, bill, schedule, summons or other such document is required by this Act, or by any regulation or by-law made under this Act, to be served upon or issued or presented to the owner or occupier of any building or land, shall not be necessary to name the owner or occupier therein, and the service, issue or presentation thereof shall be effected, not in accordance with the provisions of the last preceding section but as follows, namely:—

1. (a) by giving or tendering the said notice, bill, schedule, summons or other document to the

owner or occupier, or if there be more than one owner or occupier, to any one of the owners or

occupiers of such building or land; or

1. (b) if the owner or occupier or no one of the owners or occupiers is found, by giving or tendering the said notice, bill, schedule, summons or other document to some 8[adult member] or servant of the family of the owner or occupier or of any one of the owners or occupiers; or
2. (c) if none of the means aforesaid be available by causing the said notice, bill, schedule, summons or other document to be affixed in some conspicuous part of the building or land to which the same relates.

1. (1) To enable him to serve any notice (including any copy of any notice) which he is authorised or required to These words were substituted for the original by Bom. 48 of 1948, s. 47. These words were inserted by Mah. 53 of 1981, s. 19(b). These words were substituted for the original by Bom. 48 of 1948, s. 47. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “adult male member” by Mah. 21 of 1989, s. 62. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the original by Bom. 48 of 1948, s. 47. These words were substituted for the words “adult male member” by Mah. 21 of 1989, s. 63. Section 485 A was inserted by Bom. 34 of 1954, s. 29.

382 The Mumbai Municipal Corporation Act [1888 : III

serve, the Commissioner may require the owner or occupier of any premises, or of any portion thereof to state in writing, within such reasonable period as the Commissioner may prescribe in this behalf, the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgage, lessee or otherwise.

1. (2) Any person required by the Commissioner in pursuance of sub-section (1) to give the Commissioner any information shall be bound to comply with the same, and to give true information to the best of his knowledge and belief.]

1[four] last sections inapplicable to Magistrate’s summonses.— Nothing in the

2[four] last preceding sections applies to any summons issued under this Act by a Magistrate.

Notwithstanding anything contained in sections 483, 484 and 485

4[(a)], a bill for any municipal tax may be served upon the person liable therefor by sending it by ordinary post with a pre-paid letter under a certificate of posting addressed to such person at his last known abode or place of business in

5[Brihan Mumbai] and every bill so sent shall be deemed to have been served on the day following the day upon which such letter was posted and, in proving such service, it shall be sufficient to prove that the letter was properly addressed and posted under a certificate of posting];

6[(b) a notice of demand may be served by registered post.]

1. (1) Every licence, written permission, notice, bill, schedule, summons or other document required by this Act or by any regulation or bylaw framed under this Act to bear the signature of the Commissioner 7[or the General Manager] or of any municipal officer shall be deemed to be properly signed if it bears a fascimile of the signature of the Commissioner 8[or the General Manager] or of such municipal officer, as the case may be, stamped thereon.
2. (2) Nothing in this section shall be deemed to apply to a cheque drawn upon the municipal fund under section 113 9[or upon the 10[Brihan Mumbai Electric Supply and Transport Fund] under section 460 BB or sub-section (3) of section 460 KK or sub-section (4) of section 460 LL.] Power of entry

The Commissioner

11[or the General Manager] may enter into or upon any building or land, with or without assistants or workmen, in order to make any inspection or survey or to execute any work which is authorised by this Act or by any regulation or by-law framed under this Act to be made or executed, or which it is necessary for any of the purposes, or in pursuance of any of the provisions of this Act or of any regulation or by-law, to make or execute: Provided that—

1. (a) except when it is in this Act otherwise expressly provided, no such entry shall be made between sunset and sunrise;
2. (b) except when it is in this Act otherwise expressly provided no building which is used as a human dwelling shall be so entered unless with the consent of the occupier thereof, without giving the said occupier not less than twenty-four hours, previous written notice of the intention to make such entry, and unless for any sufficient reason it shall be deemed it expedient to furnish such information, of the purpose thereof; This word was substituted for the word “three” by Bom. 34 of 1954, s. 30. This word was substituted for the word “three” by Bom. 34 of 1954, s. 30. Section 486A was inserted by Bom. 20 of 1952, s. 20. These brackets and letter were inserted by Bom. 64 of 1953, s. 22. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This clause was inserted by Bom. 64 of 1953, s. 22. These words were inserted by Bom. 48 of 1948, s. 48(i). These words were inserted by Bom. 48 of 1948, s. 48(i). This portion was added by Bom. 48 of 1948, s. 48(1).

These words were substituted for the words “Bombay Electric Supply and Transport Fund” by Mah. 25 of 1996, s. 2,

Schedule. These words were inserted by Bom. 48 of 1948, s. 49.

1888 : III] The Mumbai Municipal Corporation Act 383

1. (c) sufficient notice shall in every instance be given, even when any premises may otherwise be entered without notice, to enable the inmates of any apartment appropriated to females to remove to some part of the premises where their privacy need not be disturbed;
2. (d) due regard always be had, so far as may be compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupants of the premises entered. 1[Power of eviction

1. (1) Where the Commissioner is required by section 354RE, 378C or 378F to cause any building or part thereof to be vacated, he may take or cause to be taken such steps and use or cause to be used such force as may in the opinion of the Commissioner be reasonably necessary therefor.
2. (2) The Commissioner may, after giving 15 clear day’s notice to the persons evicted under sub- section (1), remove or cause to be removed or dispose of by public auction any property remaining in such building.
3. (3) Where property is sold under sub-section (2), the sale proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the Commissioner to be entitled to the same.]

Works, etc. which any person is required to execute may in certain case be executed by the Commissioner at such person’s cost.— (1) When any requisition or order is made, by written notice by the Commissioner or by any municipal officer empowered under section 68 in this behalf, under any section, sub-section or clauses of this Act mentioned in sub-section (2), reasonable period shall be prescribed in such notice for carrying such requisition or order into effect, and if, within the period so prescribed, such requisition or order or any portion of such requisition or order is not complied with, the Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion be necessary for giving due effect to the requisition order so made; and unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addressed.

2[(2) The sections, sub-sections and clauses of this Act referred to in sub-section (1) are the following, namely:— Section 230, sub-section (5). Section 329, sub-section (1).

3[” 363, sub-sections (1), (2), (3) and ” 257. ” (4).]

” 271, sub-section (2). ” 375.

4[ ” 272, sub-section (5)].

This heading and section 488A were inserted by Bom. 34 of 1954, s. 31. Sub-section (2) of section 489 was substituted for the original sub-section by Bom. 5 of 1905, s. 59. This entry was substituted for the original one by Bom. 1 of 1925, s. 28(1). These entries were inserted by Bom. 5 of 1938, s. 43. These entries were added by Bom. 1 of 1925, s. 28(2). These entries were added by Bom. 1 of 1925, s. 28(2).

1[ ” 381A, sub-section (2).]

2[ ” 327, sub-section (1), clause (d)].

3[ ” 425, sub-section (1)].

4[ ” 328, sub-section (3).]

5[” 328A, sub-section (3).]

1. (3) The Commissioner may take any measure, execute any work or cause anything to be done under this section, whether or not the person who has failed to comply with the requisition or order is liable to punishment or has been prosecuted or, sentenced to any punishment for such failure.

380.— (1) The expenses incurred by the Commissioner in effecting any removal under section 314

6[or sub-section (3) of section 322]

7[or sub-section (2) or (3) of section 354A] or, in the event of a written notice issued under sub-section (1) of section 315 or section 354 or 380 not being complied with, under section 489, shall be recoverable by sale of the materials, removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.

1. (2) But, if the expenses of removal are in any case paid before the materials are sold, the Commissioner shall restore the materials to the owner thereof, on his claiming the same at any time before they are sold or otherwise disposed of, and on his paying all other expenses, if any, incurred by the Commissioner in respect thereof or in respect of the intended sale or disposal thereof.
2. (3) If the materials are not claimed by the owner thereof, they shall be sold by auction or otherwise disposed of as the Commissioner thinks fit 8[if perishable forthwith, and if other than perishable,] as soon as conveniently may be after one month from the date of their removal, whether the expenses of the

removal have in the meantime been paid or not and the proceeds, if any, of the sale or other disposal

shall, after defraying therefrom the costs of the sale or other disposal, and if necessary, of the removal, be paid to the credit of the municipal fund, and shall be the property of the Corporation.

9[(4) Notwithstanding anything contained in this Act, when the removal of anything is effected under section 314, the Commissioner may direct that the owner thereof shall, in addition to the expenses incurred in effecting the removal of the thing, pay by way of penalty such sum not exceeding

10[ten thousand rupees] as the Commissioner may specify, and such sum if not paid, shall be recoverable in the same manner in which the expenses incurred in effecting the removal of the thing are recoverable.] Recovery of expenses by the Commissioner

11[and the General Manager]

demand may be recovered as an arrear of property tax.— (1) Whenever under this Act, or any regulation or by-law made under this Act, the expenses of any work executed or of any measure taken or thing done by or under the order of the Commissioner

12[or the General Manager] or of any municipal

These entries were inserted by Bom. 5 of 1938, s. 43. This entry was inserted by Bom. 2 of 1911, s. 20. This entry was inserted by Bom. 6 of 1913, s. 11. This entry was inserted by Bom. 7 of 1921, s. 13 This entry was substituted for the original one by Bom. 1 of 1925, s. 28(1). These figures, brackets and words were inserted by Bom. 6 of 1913, s. 12. These words, brackets, figures and letters were inserted by Mah. 10 of 1998, s. 240(a). These words were inserted by Bom. 19 of 1930, s. 19. Sub-section (4) was added by Mah. 51 of 1975, s. 19. These words were substituted for the words “one thousand rupees” by Mah. 10 of 1998, s. 240(b). These words were added by Bom. 48 of 1948, s. 50. These words were inserted by Bom. 48 of 1948, s. 50(i)(a).

1888 : III] The Mumbai Municipal Corporation Act 385

officer empowered under section

1[68

2[* *]] in this behalf are payable by any person the same shall be payable on demand.

1. (2) If not paid on demand the said expenses shall be recoverable by the Commissioner 3[or the

If the defaulter is the owner of premises in respect of which expenses are payable, the occupier to be also liable for payment thereof.— (1) If the said expenses are due in respect of some work executed or thing done to, upon or in connection with, some building or land or of some measure taken with respect to some building or land

4[or in respect of some work executed or thing done or measure taken for giving effect to any requisition or order made under sub-section (1-A) of section 377] and the defaulter is the owner of such building or land

5[or of the premises referred to in sub-section (1- A) of section 377, as the case may be,] the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupies the said

6[building, land or premises] under the said owner; and in the event of the said person failing to pay the same, they may be recovered, by distress and sale of the goods and chattles of the said person, as if the amount thereof were a property- tax due by him:

1. (2) Provided as follows, namely:—
   • (a) unless the said person neglects or refuses, at the request of the Commissioner 7[or the General Manager], truly to disclose the amount of the rent payable by him in respect of the said 8[building, land or premises] and the name and address of the person to whom the same is payable, the said person shall not be liable to pay on account of the said expenses any large sum then, up to the time of demand, is payable by him to the owner on account of rent of the said 9[building, land or premises]; but it shall rest upon the said person to prove that the amount of the expenses demanded of him is in excess of the sum payable by him to the owner;
   • (b) the said person shall be entitled to credit in account with the owner for any sum paid by or recovered from him on account of the said expenses;
   • (c) nothing in this section shall affect any agreement made between the said person and the owner of the 10[building, land or premises] in his occupation respecting the payment of the expenses of any such work, thing or measure as aforesaid.

11[or General Manager] may agree to receive payment of expenses in instalments.— Instead of recovering any such expenses as aforesaid in any manner herein before provided, the Commissioner

12[or the General Manager] may, if he thinks fit and with the approval of

13[the Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee, as the case may be] take an agreement from the person liable for the payment thereof, to pay the same in instalments of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon

14[at such rate not exceeding nine per centum per annum as the

15[Standing Committee] may fix from time to time] within a period of not more than five years.

If the expenses to be recovered have been incurred in respect of any work mentioned in any of the sections 227, clause (c),

This was substituted for the figure “68” by Bom. 48 of 1948, s. 50(i)(b). The word, figures and letter “or 68 B” were deleted by Mah. 10 of 1998, s. 241. These words were inserted by Bom. 48 of 1948, s. 50(ii). This portion was inserted by Bom. 5 of 1938, s. 44(1)(a). This portion was substituted by Bom. 5 of 1938, s. 44(1)(b). These words were substituted by Bom. 5 of 1938, s. 44(1)(c) and (2). These words were inserted by Bom. 48 of 1948, s. 51. These words were substituted by Bom. 5 of 1938, s. 44(2). These words were substituted by Bom. 5 of 1938, s. 44(1)(c) and (2). These words were substituted by Bom. 5 of 1938, s. 44(1)(c) and (2). These words were inserted by Bom. 48 of 1948, s. 52. These words were substituted for the original by Bom. 48 of 1948. This portion was substituted by Mah. 27 of 1999, s. 197(a). These words were substituted for the original by Bom. 76 of 1948, s. 32. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 197(b).

386 The Mumbai Municipal Corporation Act [1888 : III

230, 231, 233, clause (b), 248, sub-section (1), 257, 272, 274, sub-section (1), 305, 352, sub-section (1), 376, 381 and 405, the Commissioner may, if he thinks fit and with the approval of the Corporation, declare such expenses to be improvement expenses

1[and on such declaration being made, such expenses, together with interest thereon payable under section 495, shall be a charge on the premises in respect of which or for the benefit of which the expenses have been incurred.]

1. (1) Improvement expenses 2[* * * *] shall be recoverable in instalment of such amount not being less for any premises than twelve rupees per annum, and at such intervals as will suffice to discharge such expenses together with interest thereon at the rate of six per centum per annum within such period not exceeding thirty years as the Commissioner, with the approval of the corporation, may in each case determine.
2. (2) The said instalments shall be payable by the occupier of the premises 3[on which the expenses and interest thereon] are so charged or, in the event of the said premises becoming unoccupied at any time before the expiration of the period fixed for the payment of such expenses or before the same, with interest as aforesaid, are fully paid off, by the owner for the time being of the said premises, so long as the same continue to be unoccupied.

1. (1) Where the occupier by whom any improvement expenses 4[together with interest thereon] are paid holds the premises on which the expenses 5[together with interest thereon] are charged, at a rent not less than the rack-rent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such expenses 6[and interest thereon as aforesaid] from the rent payable by him to his landlord, and, if he holds at a rent less than the rack-rent, he shall be entitled to deduct from the rent so payable by him such proportion of three-fourths of the amount paid by him on account of such expenses 7[and interest thereon as aforesaid] as his rent bears to the rack-rent.
2. (2) And if the landlord from whose rent any deduction is so made is himself liable to the payment of rent for the premises in respect of which the deduction is made and holds the same for a term of which less than twenty years is unexpired (but not otherwise), he may deduct from the rent so payable by him such proportion of the sum deducted from the rent payable to him as the rent payable by him bears to the rent payable to him, and so in succession with respect to every landlord (holding for a term of which less

than twenty years is unexpired) of the same premises both receiving and liable to pay rent in respect

thereof:

1. (3) Provided that nothing in this section shall be construed to entitled any person, to deduct from the rent payable by him more than the whole sum deducted from the rent payable to him.

At any time before the expiration of the period for the payment of any improvement expenses

8[together with interest thereon] the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses

9[and such interest due, if any, as may not have been already paid or recovered].

Any instalment payable under section 493 or section 495, which is not paid when the same becomes due, may be recovered by the Commissioner

10[or the General Manager] by distress and sale of the goods and chattels of the person by whom it is due as if it were a property tax due by the said person.

(1) Whenever, the owner of any building or land fails to execute

This portion was added by Bom. 76 of 1948, s. 33. These words were deleted by Bom. 76 of 1948, s. 34(i). These words were substituted for the original by Bom. 76 of 1948, s. 34(ii). These words were inserted by Bom. 76 of 1948, s. 35(i). These words were inserted by Bom. 76 of 1948, s. 35(i). These words were inserted by Bom. 76 of 1948, s. 35(ii). These words were inserted by Bom. 76 of 1948, s. 35(ii). These words were inserted by Bom. 76 of 1948, s. 36(i). These words were substituted for the original by Bom. 76 of 1948, s. 36(ii). These words were inserted by Bom. 48 of 1948, s. 53. Section 499 was substituted for the original by Mah. 21 of 1989, s. 64.

1888 : III] The Mumbai Municipal Corporation Act 387

any work which he is required to execute under this Act or under any regulation or bylaw made under this Act, the occupier, if any, of such building or land shall be entitled to execute such work in the manner set out in sub-section (2).

1. (2) The occupier or occupiers interested in such work may seek the approval of the Commissioner for executing such work. The Commissioner shall grant the approval unless other measures are taken by him to execute the said work. While granting the approval the Commissioner shall specify the nature of the work. Upon such approval being granted, the occupiers shall be entitled to execute the said work and the expenses incurred for such work shall for all purposes be binding on the owner. The occupiers shall also be entitled to deduct amount of expenses incurred for such work from the rent which from time to time become due by them to the owner or otherwise recover such amount from them: Provided that, where such work is jointly executed by the occupiers the amount to be deducted or recovered by each occupier shall bear the same proportion as the rent payable by him in respect of his premises bears to the total amount of the expenses incurred for such work: Provided further that, the total amount so deducted or recoverable shall not exceed the amount of expenses incurred for such work.

1[(3) If the owner fails to commence the reconstruction of the building which is pulled down in

pursuance of section 489 read with section 354, within the period of one year from the date of demolition, the tenants shall be entitled to form an association or society and take appropriate steps for reconstruction of the building.

1. (4) The owner of the building, which is pulled down in pursuance of section 489 read with section 354, shall complete the reconstruction or redevelopment within a period of three years from the date of demolition of such building or such extended period as may be granted by the authority specified by the Government, by notification in the Official Gazette. If the owner fails to complete the reconstruction or redevelopment within the said period, then the tenants shall be entitled to form an association or society and take appropriate steps for reconstruction of such building.
2. (5) After reconstruction or redevelopment by such building as per sub-section (3) or (4), as the case may be, the area equivalent to the area occupied by the tenant shall be handed over to him by the owner, association, the society, as the case may be, without any further delay and within one month from the date of completion of reconstruction or redevelopment, as the case may be, of such building.
3. (6) The right of reconstruction to the tenants under sub-section (3) or (4) shall only be for reconstruction to the extent of the area of demolished building. The ownership rights and title to the land including reconstructed or redeveloped building shall continue to remain with the owner and the status of the tenants shall remain as tenants only.] Explanation I.— For the purposes of this section, the expression “expenses incurred for such work” means the total cost as certified by the Commissioner or an architect from the panel of architects notified by the State Government for the purposes of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of 1947), together with simple interest at ten per cent. per annum on such amount calculated from the date of completion of such work till the date of deduction or recovery thereof. Explanation II.— The approval of the Commissioner given under this section shall include the right to enter the building or land for the purpose of execution of work.] 3[Explanation III.— For the purposes of this section, “the tenant” shall have the same meaning as assigned to it in clause (15) of section 7 of the Maharashtra Rent Control Act, 1999 (XVIII of 2000).]

No person who receives the rent of any premises in any capacity described in sub-clauses (i), (ii) and (iii) of clause (m) of section 3 shall be liable to do anything which is by this Act required to be done by the owner, unless he has sufficient funds of or due to the owner to pay for the same.

Sub-sections (3) to (6) were added by Mah. 22 of 2017, s. 3(a). Now see the Maharashtra Rent Control Act, 1999 (Mah. XVIII of 2000). This Explanation was added by Mah. 22 of 2017, s. 3(b).

388 The Mumbai Municipal Corporation Act [1888 : III

Payment of compensation

1[or General Manager].— In any case not otherwise expressly provided for in this Act, the Commissioner

2[or the General Manager] may, with the previous approval of the

3[Standing Committee or the, Brihan Mumbai Electric Supply and Transport Committee as the case may be] pay compensation to any person who sustains damage by reason of the exercise of any powers vested by this Act in the Commissioner

4[or the General Manager] or in any municipal officer or servant.

(1) If, on account of any act or omission any person has been convicted of an offence against this Act or against any regulation or by-law made under this Act, and, by reason of the same act or omission of the said person, damage has occurred to any property of the corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.

1. (2) In the event of dispute, the amount of compensation, payable by the said person shall be determined by the Magistrate before whom he was convicted of the said offence, and on nonpayment of the amount of compensation so determined, the same shall be recovered under a warrant from the said Magistrate as if it were a fine inflicted by him on the person liable therefor. Recovery of expenses or compensation in case of dispute

Small Cause Court.— (1) If, when the Commissioner

6[or the General Manager] demands payment of any expenses under section 491, his right to demand the same or the amount of the demand is disputed, or if, in the case of expenses incurred by the Commissioner in taking temporary measures, under sub- section (2) of section 329, the necessity for such temporary measures is disputed, the Commissioner

7[or the General Manager, as the case may be,] shall refer the case for the determination of the Chief Judge of the Small Cause Court.

1. (2) Pending the Chief Judge’s decision the Commissioner 8[or the General Manager, as the case may be,] shall defer further proceedings for the recovery of the sum claimed by him and, after the decision, shall proceed to recover only such amount, if any, as shall be thereby ascertained to be due. 9[(3) The Commissioner or the General Manager may apply to the Chief Judge that, having regard to the amount under dispute, the person or persons should be directed to deposit in Court one-half of the amount under dispute; and thereupon the Chief Judge shall, as far as practicable, decide the application within fifteen days.
2. (4) Where the Chief Judge, after hearing the person or persons concerned, passes an order directing

deposit of one-half or such reasonable part of the amount under dispute as he may deem proper by a

specified date, it shall be competent for the Commissioner or General Manager to withdraw the same.]

Chief Judge of the Small Cause Court.— If, in any case not falling under section 491, any person is required by this Act, or by any regulation or by-law framed under this Act, to pay any expenses or any compensation, the amount to be so paid, and if necessary, the appointment of the same, shall, in case of dispute, be determined, except as is otherwise provided in sections 502 and 515, by the Chief Judge of

These words were inserted by Bom. 48 of 1948, s. 54. These words were substituted for the original by Mah. 21 of 1989, s. 64. These portion was substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 198. These words were inserted by Bom. 48 of 1948, s. 54. As to appeal to High Court from decision under s. 503 or s. 504. see Act 12 of 1888, s. 3. As to period of limitation for such appeals, see by Bom. 48 of 1948, s. 5. These words were inserted by Bom. 48 of 1948, s. 55. These words were inserted by Bom. 48 of 1948, s. 55. These words were inserted by Bom. 48 of 1948, s. 55. Sub-sections (3) and (4) were added by Mah. 21 of 1989, s. 65. As to appeal to High Court from decision under s. 503 or s. 504, see Act 12 of 1888, s. 3. As to period of limitation for such appeals, see by Bom. 48 of 1948, s. 5.

1888 : III] The Mumbai Municipal Corporation Act 389

the Small Cause Court on application being made to him for this purpose at any time within one year from the date when such expenses or compensation first became claimable.

recovered, if necessary, as if they were due under a decree of the Court.— If the amount of any expenses or compensation ascertained in accordance with the last preceding section is not paid by the person liable to pay the same on demand, it shall be recoverable as if the same were due under a decree of the Small Cause Court.

Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensatioin of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any Court of .competent jurisdiction. Proceedings before the Chief Judge of the Small Cause Court

(1) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any regulation or by-law made under this Act or with any requisition made under this Act or under any such regulation or by-law in respect of such building or land, the owner may apply to the Chief Judge of the Small Cause Court.

1. (2) The said Chief Judge, on receipt of any such application, may make a written order requiring the occupier of the building or land to afford all reasonable facilities to the owner for complying with the said provision or requisition and may also, if he thinks fit, direct that the cost of such application and order be paid by the occupier.
2. (3) After eight days from the date of any such order, it shall be incumbent on the said occupier to afford all such reasonable facilities to the owner for the purpose aforesaid as shall be prescribed in the said order; and in the event of his continued refusal so to do, the owner shall be discharged, during the continuance of such refusal, from any liability which he would otherwise incur by reason of his failure to comply with the said provision or requisition.

1. (1) For the purposes of any inquiry or proceeding under this Act, the Chief Judge of the Small Cause Court may summon and

enforce the attendance of, witnesses and compel them to give evidence and compel the production of

documents by the same means and, as far as is possible, in the same manner as is provided, in the case of the Small Cause Court by the Presidency Small Cause Courts Act, 1882 (XV of 1882) and in all matters relating to any such inquiry or proceeding the said Chief Judge shall be guided generally by the provisions of the said Act so far as the same are applicable.

1. (2) If, in any such inquiry or proceeding, the person against whom the complaint or application has been made fails to appear, notwithstanding that he has been duly summoned for this purpose, the said Chief Judge may hear and determine the case in his absence.
2. (3) The costs of every such inquiry or proceeding as determined by the said Chief Judge, shall be payable by such parties and in such proportions as the said Chief Judge shall direct and the amount

thereof shall, if necessary, be recoverable as if the same were due under a decree of the Small Cause

Court:

1[Provided that if such inquiry or proceeding relates to a dispute regarding expenses declared to be improvement expenses under section 494, the amount of the costs directed by the said Chief Judge to be paid by the owner or occupier of the premises in respect of which or for the benefit of which the improvement expenses were incurred shall be a charge on such premises and may also be recovered in the manner prescribed in section 495.]

This proviso was added by Bom. 32 of 1935, s. 15.

390 The Mumbai Municipal Corporation Act [1888 : III

1. (1) The 1[ 2[State] Government] may, from time to time by notification in the 3[Official Gazette], prescribe what fee, if any, shall be paid—
   • (a) on any application, appeal or reference made under this Act to the Chief Judge of the Small Cause Court; and
   • (b) previous to the issue, in any inquiry or proceeding of the said Chief Judge under this Act, of any summons or other process: Provided that the fees, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject-matter is capable of being estimated in money exceed the fees at the time being levied, under the provisions of the Presidency Small Cause Courts Act, 1882 (XV of 1882), in cases in which the value of the claim of subject-matter is of like amount.
2. (2) The 4[ 5[ State] Government ] may from time to time by a like notification determine by what person any fee prescribed under clause (a) shall be payable.
3. (3) No application, appeal or reference shall be received by the said Chief Judge, until the fee, if any, prescribed therefor under clause (a) has been paid.

The Chief Judge of the Small Cause Court may, whenever he thinks fit, receive an application, appeal or reference made under this Act, by or on behalf of a poor person, and may issue process on behalf of any such person without payment or on a part payment of the fees prescribed under section 509.

Whenever any application, appeal or reference made to the Chief Judge of the Small Cause Court under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the said

Authority to the Chief Judge of the Small Cause Court to delegate certain powers and to make rule.— The Chief Judge of the Small Cause Court may—

1. (a) delegate, either generally or specially to any other Judge of the said Court, power to receive applications, appeals and references under this Act and to discharge any other duty in connection with such applications, appeals and references, except the hearing and adjudication thereof ;
2. (b) if for any reason, it shall be necessary so to do in order to secure the disposal of any application made to him under section 20 within the limited period prescribed in the said section, delegate to any other Judge of the said Court the hearing and adjudication of the said application ;
3. (c) from time to time, with the approval of the 6[ 7[State] Government], make rules, not inconsistent with this Act, providing for any matter connected with the exercise of the jurisdiction conferred upon him by this Act which is not herein specifically provided for. Proceedings before Magistrates

All offences against this Act, or against any regulation or by-law made under this Act, whether committed within or without the city, shall be cognizable by a Presidency Magistrate; and no such Magistrate shall be deemed to be incapable of taking cognizance of any such offence or of any offence against any enactment hereby repealed, by reason only

The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Official Gazette” were substituted for the words “Bombay Gazette” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1888 : III] The Mumbai Municipal Corporation Act 391

of his being liable to pay any municipal tax or of his being benefited by the Municipal Fund.

3[The

4[State] Government] may with the consent of the corporation create one or more posts of Presidency Magistrates for the trial of offences against this Act, or against any regulation or by-law made thereunder, and may appoint any person to such posts and may also appoint such ministerial officers for the Court of any such Magistrate as they may think necessary : Provided that notwithstanding the appointment of one or more Presidency Magistrates under this section, it shall be open to the Chief Presidency Magistrate, subject to the rules for the time being in force under section 21 of the Code of Criminal Procedure, 1898 (V of 1898), regulating the distribution of business in the Courts of the Presidency Magistrates, to make such distribution of the work of trial of such offences and of all other work before the Courts of the Presidency Magistrate (including any appointed under this section) as may appear to him most conducive to efficiency.

1. (2) Such Magistrate or Magistrates and the establishments shall be paid such salary, pension, leave allowances and other allowances as may, from time to time, be fixed by 6[the 7[State] Government].
2. (3) The amounts of the salary, pension, leave allowances and other allowances as fixed under sub- section (2) together with all other incidental charges shall be reimbursed to 8[the 9[State] Government] by the Corporation 10[* * *] Provided that 11[the 12[State] Government] may, with the concurrence of the corporation, direct that in lieu of the amounts payable under this section, the corporation shall pay to 13[the 14[State] Government] annually, on such date as may be fixed by 15[the 16[State] Government] in this behalf such sum based on the average of the total amount is recovered by 17[the 18[State] Government] from the corporation under this section during the three years immediately preceding the date of such direction as may be determined by 19[the 20[State]

Limitation of time within which complaints of offences punishable under this Act shall be entertained.— No person shall be liable to punishment for any offence made punishable by this Act,

The words “to credit of which any fine inflicted by him will be payable” were omitted by the Adaptation of Laws Order, 1950. Section 513A was inserted by Bom. 10 of 1930, s. 4. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. Now see Code of Criminal Procedure, 1973 (2 of 1974). The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words, figures and brackets “and shall be a first charge on and be primarily payable from the fines levied and recovered in respect of the offences referred to in sub-section (1), and the balance of the fines, if any, shall be credited to the municipal fund ” were omitted by the Adaptation of Indian Laws Order in Council. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. The word “State” was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. This section was substituted for the original section by Bom. 2 of 1911, s. 21.

392 The Mumbai Municipal Corporation Act [1888 : III

unless complaint of such offence is made before a Presidency Magistrate within the time hereinafter prescribed in that behalf, namely:—

1. (a) if the offence be against the provisions of section 155, within six months next after the commission of such offence;
2. (b) if the offence be against the provisions of section 1[223, 229A, 240, 258], 272(1), 2[272(5), 274A], 281, 284, 3[287-B (1), 287-B(2),] 4[*] or 390 5[or any by-laws framed under section 461 (b)] within three months next after the commission or discovery of such offence;
3. (c) if the offence be against any other provision of this Act, within three months next after the commission of such offence.]

1. (1) Any person who resides in 7[Brihan Mumbai] may complaint to a Presidency Magistrate of the existence of any nuisance, or that in the exercise of any power conferred by sections 224, 244, 245, 246 or 367, more than the least practicable nuisance has been created.
2. (2) Upon receipt of any such complaint, the Magistrate, after making such inquiry as he thinks necessary, may if he deems fit, direct the Commissioner—
   • (a) to put in force any of the provisions of this Act to take such measures, as to such Magistrate shall seem practicable and reasonable for preventing, abating, diminishing or remedying such nuisance;
   • (b) to pay to the complainant such reasonable costs of and relating to the said complaint and order as the said Magistrate shall determine, inclusive of compensation for the complainant’s loss of time in prosecuting such complaint.
3. (3) It shall be incumbent on the Commissioner to obey every such order.
4. (4) Nothing in this Act contained shall interfere with the right of any person who may suffer injury or whose property may be injuriously affected by any act done in the exercise of any power conferred by sections 224, 244, 245, 246 or 367 to recover damages for the same.

Save as otherwise provided in this Act, any notice issued, order passed or direction issued by the Designated Officer, under section 351 or 354A shall not be questioned in any suit or other legal proceedings.]

9[515A. Special provision regarding fines and other punishments under this Act.— Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (V of 1898) , it shall be lawful for any Presidency Magistrate trying offences under this Act to pass sentences of fine or to award any punishment under this Act in excess of his powers specified in that section.] Arrest of offenders

1. (1) Any police officer may arrest any person who commits in his view any offence against this Act or against any regulation or by-law made under this Act, if the name and address of such person be unknown to him, and if such person, on demand, declines to give his name and address or give a name and address which such officer has reason to believe to be false. These figures and letter were inserted by Bom. 8 of 1918, s. 20. These figures, letters and brackets were inserted by Bom. 5 of 1938, s. 45. These figures, letters and brackets were inserted by Bom. 5 of 1938, s. 45. The figures and brackets were repealed by Bom. 5 of 1920, s.6. These words, figures, brackets and letter were inserted by Bom. 5 of 1938, s. 45. As to appeal to High Court from orders under s. 515, see Act 12 of 1888, s. 4. As to period of limitation of such appeals, ibid. s. 5. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This section was inserted by Mah. 2 of 2012, s. 8. This section was inserted by Mah. 32 of 1964, s.19. Now See Code of Criminal Procedure, 1973 (2 of 1974).

1888 : III] The Mumbai Municipal Corporation Act 393

1[(2) No person so arrested shall be detained in custody after this true name and address are ascertained or without the order of nearest Magistrate, for a longer period than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the Court of such Magistrate.]

The offence under clause

1. (b) or (c) of sub-section (1) of section 403 shall be cognizable.]

The offence under sections 475A and 475B shall be cognizable and bailable.] Legal Proceedings

sub-section (1) of section 394 and section 394-A to be non-bailable.— (1) The offence of contravention of any provisions of section 394 or 394-A shall be cognizable.

1. (2) The offence of contravention of clause (a) of (i) of sub-section (1) of section 394 or section 394A shall be non-bailable.]

The offence under section 313, 313-A or 313-B shall be cognizable and bailable.]

(1) The Commissioner may—

1. (a) take, or withdraw from, proceedings against any person who is charged with—
   • (i) any offence against this Act;
   • (ii) any offence which affects or is likely to affect any property or interest of the corporation or the due administration of this Act;
   • (iii) committing any nuisance whatsoever;
2. (b) compound any offence against this Act, which under the law at the time being in force may legally be compounded;
3. (c) defend any election petition brought under section 33;
4. (d) defend, admit or compromise any appeal against a rateable value 6[or the capital value as the case may be] or tax brought under section 217;
5. (e) take, withdraw from, or compromise, proceedings under section 502 sub-section (2), 503, 504 and 505, for the recovery of expenses or compensation claimed to be due to the Corporation;
6. (f) withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or, with the approval of 7[the Standing Committee] any such claim for any sum exceeding five hundred rupees;
7. (g) defend any suit or other legal proceeding brought against the Corporation or against the Commissioner or a Deputy Commissioner or a Municipal officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;
8. (h) with the approval of 8[the Standing Committee] admit or compromise any claim, suit or legal proceeding brought against the Corporation or against the Commissioner or a Deputy This sub-section was substituted for the original by the Adaptation of Laws Order, 1950. Section 516A was inserted by Bom. 64 of 1953, s. 23. Section 516AA was inserted by Mah. 32 of 1962, s. 7. Section 516 AAA was inserted by Mah. 51 of 1975, s. 20. This section was added by Mah. 2 of 2012, s. 9. These words were inserted by Mah. 11 of 2009, s. 53. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 199(a). These words were inserted by Mah. 11 of 2009, s. 53.

394 The Mumbai Municipal Corporation Act [1888 : III

Commissioner or a Municipal officer or servant, in respect of anything done or omitted to be done as aforesaid;

1. (i) with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the Corporation or of the Commissioner.

1. (k) obtain such legal advice and assistance as he may from time to time think it necessary or

expedient to obtain or as he may be desired by the corporation or

1[the Standing Committee] to

obtain, for any of the purpose mentioned in the foregoing clauses of this section or for securing the lawful exercise or discharge of any power or duty vesting in or imposed upon any Municipal authority or any Municipal officer or servant:

1. (2) Provided that the Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the corporation shall determine to have instituted and prosecuted. 2[(3) In relation to legal proceedings arising out of the acquisition, extension, administration, operation and maintenance of the 3[Brihan Mumbai Electric Supply and Transport Undertaking] (excepting proceedings, if any, arising out of the acquisition made with effect from the 7 th August 1947 of the said undertaking from the Bombay Electric Supply and Tramways Company Limited) the provisions of sub-sections (1) and (2) shall apply as if for the words “the Commissioner” the words “the General Manager” 4[and for the words “Standing Committee” the words “Brihan Mumbai Electric Supply and Transport Committee” had respectively been substituted.] 5[(4) In regard to legal proceedings arising out of the Corporation’s powers and duties under clause
   • (q) of section 61, the provisions of sub-section (1), shall apply as if for the words “Standing Committee” the words “Education Committee” had been substituted.]