Chapter XX CONTROL

6[State] Government to provide for performance of duties in default of any

Municipal authority.— (1) If, upon complaint being made to

7[it] and after such inquiry as

8[it] thinks fit to make, it shall at any time appear to the

10[State] Government] that any of the provisions of sections

11[61, 62, 62C, 62D],

12[62E], 89F, 134, 225,

13[381, 381-A], 434,

14[438 and 513A] have not been or are not being duly carried out or enforced, the

15[

16[State] Government] may make an order prescribing, a period within which such provision shall be carried out or enforced:

1. (2) Provided that, except in any case which appears to the 17[ 18[State] Government] to be one of emergency, no such order shall be made until after the expiry of one month from the date of service of a These words were substituted for the words “the Mayor-in-Council” by Mah. 27 of 1999, s. 199(a). This sub-section was added by Bom. 48 of 1948, s. 56. These words were substituted for the words “Bombay Electric Supply and Transport Undertaking” by Mah. 25 of 1996, s. 2, Schedule. This portion was substituted by Mah. 27 of 1999, s. 199(b). Sub-section (4) was inserted by Mah. 27 of 1999, s. 199(c). This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The word “it” was substituted for the words “him” and “he” by the Adaptation of Indian Laws Order in Council. The word “it” was substituted for the words “him” and “he” by the Adaptation of Indian Laws Order in Council. The words “Provincial Government” were substituted for the words “Governor-in-Council” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. These figures and letters were inserted by Bom. 3 of 1907, s. 21. The figures and letter “62E” were inserted by Bom. 12 of 1925, s. 4. These figures and letter were inserted by Bom. 5 of 1948, s. 46. These figures, word and letter were substituted for the original word and figures “and 438,” by Bom. 10 of 1930, s. 5. 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.

1888 : III] The Mumbai Municipal Corporation Act 395

written notice on the Corporation, and if the

2[State] Government] shall think fit, on the Commissioner, requiring cause to be shown why such order should not be made, nor until the cause, if any so shown has been considered by the

4[State] Government].

1. (3) If, within the period prescribed in an order made under sub-section (1) the provision is not carried out or enforced, the 5[ 6[State] Government] may appoint some person to carry out or enforce the same and may direct that the expense of carrying out or enforcing such provision together with such reasonable remuneration to the person carrying out or enforcing the same as the 7[ 8[State]

Power to

9[the

10[State] Government] to enforce repair, etc. of Vehar water

works.— (1) If, from the report of any person appointed by

11[the

12[State] Government] under section 264 to inspect the Vehar Water-works, it shall appear to

13[the

14[State] Government] that any portion, of the said water-works is not in a sound and effective condition,

15[the

16[State] Government] may, by notice under the signature of a Secretary to

17[the

18[State] Government] require that the said portion of the said works be repaired, improved or otherwise rendered sound and effective within a reasonable time to be prescribed in the notice.

1. (2) The said notice shall be addressed to the corporation and to the Commissioner and it shall be incumbent on the corporation and on the Commissioner, within the limits of their respective powers, to

give effect thereto. If effect be not given thereto

19[the

20[State]

Expenses of measures enforced under sections 518 and 519 how to be recovered.— (1) When any such order as is mentioned in sub-section (3) of section 518 or in subsection

1. (2) of section 519 shall have been made, the corporation shall cause to be paid to 21[the 22[State] 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. 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 Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

396 The Mumbai Municipal Corporation Act [1888 : III

Government] the sum or sums of money of which payment shall from time to time be required, in pursuance of the said order, in any requisition signed by a Secretary to

1[the

2[State] Government].

1. (2) And if, within fourteen days from the delivery of any such requisition, the same is not complied with, 3[the 4[State] Government] may, by a written order signed by one of their Secretaries, authorise and direct some person to receive from the bank in which the Municipal fund is lodged the sum or sums mentioned in the said order.
2. (3) The said bank shall, upon production of the said written order, forthwith pay the said sum or sums to the person therein authorised to receive the same and the said written order shall be a sufficient discharge to the said bank from all liability to the corporation in respect of any sum or sums so paid by it out of the Municipal fund. 5[Emergency Provisions for Water

(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, if the State Government is of opinion that because of acute scarcity of water, it is necessary or expedient so to do, for securing the maintenance or equitable distribution of water supply available from any Municipal water works or any other water works, for drinking and other domestic use of the inhabitants receiving such water supply it may, by order published in the Official Gazette, and in such other manner as the State Government thinks fit, direct the Corporation or any other person in charge of the water works to regulate or prohibit the supply of water, from any such Municipal water works or any other water works to such undertakings or class of undertakings receiving such water supply, on such day or days, or during such times in any day or days and during such period or periods, as may be specified in the order.

1. (2) Without prejudice to the generality of the powers conferred by sub-section (1), an order made thereunder may provide,—
   • (a) that any undertaking, or any section thereof, shall not take water on any day or days, or during the time, or times in any day or days, or during the period or periods, specified in the order;
   • (b) for the exemption of any undertakings or any sections thereof, from the provisions of the

order, regard being had to the nature of the undertakings, such as, undertakings engaged for the

purposes of the defence of the country or undertaking engaged in work-which for technical reasons must be carried out continuously or cannot be interrupted;

1. (c) for any incidential or consequential or supplementary matters (including provision for entry upon, and the inspection of, any premises) which the State Government thinks necessary or expedient to give effect to the purposes aforesaid. Explanation.— In this section, “undertaking” means any undertaking by way of industry, trade or business or building construction.

1. (3) (a) If any person fails to comply with, or contravenes, any of the provisions of any order made under this section, he shall be guilty of an offence and, without prejudice to any other penalties to which he may be liable under this Act or any other law for the time being in force, he shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine not exceeding rupees one thousand, or with both.
   • (b) Where an offence under this section has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible, to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The words “the Provincial Government” were substituted for the word “Government” by the Adaptation of Indian Laws Order in Council. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950. The heading and section 520A were inserted by Mah. 32 of 1966, s. 7.

1888 : III] The Mumbai Municipal Corporation Act 397

Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent such offence.

1. (c) Notwithstanding anything contained in this sub-section, where an offence under this section has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this sub-section,—
   • (i) “company” means any body corporate, and includes a firm or other association of individuals; and
   • (ii) “director” in relation to a firm means a partner in the firm.

1. (4) No suit or prosecution or other legal proceedings shall lie against any person for anything in good faith done in pursuance of the provisions of this section; and no suit or other legal proceedings shall lie against the Government or any local authority, for any damage caused or likely to be caused by anything in good faith done in pursuance of the provisions of this section.]

Corporation or other authority in certain cases.— (1) If the State Government is of opinion that the execution of any resolution or order of the corporation or any other authority or that the doing of any act which is about to be done or is being done by or on behalf of the Corporation by such authority is in contravention of or in excess of the powers conferred by or under this Act or any other law for the time being in force, or is likely to lead to abuse or misuse of, or to cause waste, of municipal fund against the interests of the public;

2[or is likely to be against the financial interests of the corporation or against larger public interest] the State Government may by order in writing, suspend the execution of such

resolution or order or prohibit the doing of any such act, for such period or periods as it may specify

therein. A copy of such order shall be sent forthwith by the State Government to the Corporation and to the Commissioner or the General Manager.

1. (2) On receipt of a copy of the order as aforesaid, the Corporation or Commissioner or General Manager may, if it or he thinks fit, make a representation to the State Government against the said order.
2. (3) The State Government may, after considering any representation received from the Corporation or Commissioner or General Manager and where no such representation is received within a period of thirty days, either cancel, modify or confirm the order made by it under sub-section (1) or take such other action in respect of the matter as may in its opinion be just or expedient, having regard to all the circumstances of the case. Where any order made under sub-section (1) is confirmed, the State Government may direct that the resolution or order of the Corporation or its authority in respect of which the suspension order was made under sub-section (1), shall be deemed to be rescinded.
3. (4) Where any order is made by the State Government under sub-section (3), it shall be the duty of every Councilor and the Corporation and any other authority or officer concerned to comply with such order.]

Notwithstanding anything contained in this Act, the State Government may issue to the Corporation general instructions as to matters of policy to be followed by the Corporation in respect of its duties and functions, and in particular it may issue directions in the larger public interest or for implementation of the policies of the Central Government or the State Government and the National or the State level programmes, projects and schemes. Upon the issue of such instructions or directions, it shall be the duty of the Corporation to give effect to such instructions or directions: Provided that, the State Government shall, before issuing any instructions or directions under this section, give an opportunity to the Corporation to make representation within fifteen days as to why such instructions or directions shall not be issued. If the Corporation fails to represent within fifteen days or,

The section 520B was inserted by Mah. 4 of 1973, s. 5. These words were inserted by Mah. 32 of 2011, s. 15. Section 520C was substituted by Mah. 9 of 2011, s. 3.

398 The Mumbai Municipal Corporation Act [1888 : III

after having represented, the State Government, on considering the representation, is of the opinion that issuing of such instructions or directions is necessary, the State Government may issue the same.]

If, in the opinion of the State Government,—

1. (a) the Corporation is not competent to perform the duties assigned to it by or under this Act or any other law for the time being in force; or
2. (b) the Corporation persistently makes default in the performance of such duties, or in complying with the lawful directions or orders issued by the State Government or any other authority empowered under any law for the time being in force, to issue such directions or orders, to the Corporation; or
3. (c) the Corporation exceeds or abuses its powers; or
4. (d) a situation has arisen in which the administration of the Corporation cannot be carried out in accordance with the provisions of this Act; or
5. (e) the financial position and the credit of the Corporation is seriously threatened, the State Government may, after giving the Corporation a reasonable opportunity of being heard, by an order published in the Official Gazette, stating the reasons therefor, dissolve the Corporation.

When the Corporation is dissolved under section 520D, the following consequences shall ensue, namely:—

1. (a) all Councillors of the Corporation shall, as from the date specified in the order of dissolution, vacate their offices as such Councillors;
2. (b) all the powers and functions vesting in or exercisable by the Corporation, 4[* * * *] the Mayor, the various Committees and the Councillors, under this Act or any other law for the time being in force shall vest in and be exercisable by such Government officer or officers, as the State Government from time to time, appoints in this behalf, and such officer or officers shall receive such remuneration from the municipal fund as the State Government may, from time to time, determine;
3. (c) all property vested in the Corporation shall during the period of dissolution, vest in the State Government.

When the Corporation is dissolved under section 520D, general election shall be held to constitute the Corporation on such date as may be specified by the State Election Commissioner: Provided that, the election to constitute the Corporation shall be completed before the expiration of the period of six months from the date of dissolution of the Corporation.]

For the removal of doubt it is hereby declared that, notwithstanding anything contained in this Act as amended by the Mumbai Municipal Corporation (Amendment) Act, 1998 (Mah. X of 1998) and the Mumbai Municipal Corporation (Second Amendment) Act, 1998 (Mah. 13 of 1998), the Corporation

giving independent status to or separation of the City of Mumbai from the State of Maharashtra. Any such resolution, moved or action initiated or anything done or proposed to be done which would result in or have the effect of, such separation shall be illegal and void-ab-initio.]