Chapter XXI SUPPLEMENTARY PROVISION

5[(1)] The Commissioner,

6[Director, Deputy Commissioner,]

7[General Manager] and every councillor and every municipal officer or servant appointed under this Act

8[and every person appointed to make a valuation under sub-section

Section 520CC was inserted by Mah. 13 of 1998, s. 20. The words “or Mayor-in-Council” were deleted by Mah. 27 of 1999, s. 201. These sections were inserted by Mah. 10 of 1998, s. 206. The words “Mayor-in-Council” were deleted by Mah. 27 of 1999, s. 202. This section 521 was renumbered as sub-section (1) by Mah. 34 of 2014, s. 2. These words were substituted for the words “and Deputy Commissioner,” by Mah. 53 of 1981, s. 20. These words were inserted by Bom. 48 of 1948, s. 57. These words and figures were inserted by Bom. 76 of 1948, s. 37.

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1. (1) of section 218B], and every contractor or agent for the collection of any municipal tax and every servant or other person employed by any such contractor or agent, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (XLV of 1860). 1[(2) Every Councillor shall be deemed to be a public servant within the meaning of clause (c) of section 2 of the Prevention of Corruption Act, 1988 (49 of 1988)].

Notwithstanding anything contained in section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) and section 19 of the Prevention of Corruption Act, 1988 (49 of 1988), in case of Councillor, the State Government shall be competent to accord previous sanction as required under the said sections 197 and 19.]

1. (1) The Police Commissioner shall, as far as may be, co-operate, by himself and through his subordinates, with the Commissioner 3[and the General Manager] for carrying into effect and enforcing the provisions of this Act and for the maintenance of good order in 4[Brihan Mumbai].
2. (2) It shall be the duty of every police officer in 5[Brihan Mumbai] to communicate without delay to the proper municipal officer any information which he receives of a design to commit or of the commission of any offence against this Act or against any regulation or by-law made under this Act, and to assist the 6[Commissioner, the General Manager] or any municipal officer or servant reasonably demanding his aid for the lawful exercise of any power vesting in the 7[Commissioner, the General

Assistance for the recovery of rent on land in the suburbs

9[or extended suburbs].— For the purpose of the recovery of any amount due on account of rent from any person to the corporation in respect of any land in the suburbs,

10[or extended suburbs] vested in or otherwise held by the corporation, the corporation shall be deemed to be a superior holder and every such person an inferior holder of such land within the meaning of section 86 and 87 of the Bombay Land Revenue Code, 1879

(Bom. V of 1879) and the corporation as superior holder shall be entitled, for the recovery of such amount, to all the assistance to which under the said sections a superior holder is entitled for the recovery of rent of land revenue payable to him by an inferior holder.]

1. (1) In computing any limited time before or from or after any date or even which is appointed or allowed by or under this Act for the doing of any act or the taking of any proceeding, such time shall be taken as exclusive of the day of that date or of the happening of that event and as ending or commencing, as the case may be, at the end of the last preceding day, or the beginning of the next following day.
2. (2) Where the limited time is to be computed from or after any date or event, the act or proceeding shall be done or taken at the latest on the last day of the limited time computed as aforesaid, unless the last day is a Sunday or a public holiday or unless, in the case or a proceeding to be taken before the Chief Judge of the Small Cause Court, the said Court is closed on such last day, in which events any act or proceeding shall be deemed to be done or taken in due time if it is done or taken on the next day after such Sunday, or after the close of such public holiday or on the first day when such Court re-opens, as the case may be.
3. (3) Where by this Act any act or proceedings is directed or allowed to be done or taken on a certain day and such day happens to be a Sunday or a public holiday, the act or proceeding shall be considered Sub-section (2) was added by Mah. 34 of 2014, s. 2. Section 521A was inserted by Mah. 34 of 2014, s. 3. These words were inserted by Bom. 48 of 1948, s. 58. 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 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. 58. These words were substituted for the original by Bom. 48 of 1948, s. 58. Section 522A was inserted by Bom. 7 of 1950, s. 32. These words were inserted by Bom. 58 of 1956, s. 25. These words were inserted by Bom. 58 of 1956, s. 25. Now see, Maharashtra Land Revenue Code, 1966.

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as done or taken in due time of it is done or taken on the next day after such Sunday or after the close of such public holiday.

The distances mentioned in this Act shall be measured in a straight line of a horizontal plane.

assessment, etc.— (1) Any informality, clerical error, omission or other defect in any assessment made or in any distress levied or in any notice, bill, schedule, summons or other document issued under this Act, or under any regulation or by-law

2[or rule] made under this Act, may at any time, as far as possible, be rectified.

1. (2) No such informality, clerical error, omission or other defect shall be deemed to render the assessment, distress, notice, bill, schedule, summons, or other document invalid or illegal, if the provisions of this Act and of the regulations , 4[by-laws and rules] made hereunder have in substance and effect been complied with; but any person who sustains any special damage by reason of any such informality, clerical error, omission or other defect shall be entitled to recover compensation for the same by suit in a Court of competent jurisdiction.

5[State] Government to call for extracts from proceedings, etc.— The

7[State] Government] may at any time call upon the corporation to furnish

8[it] with any extract from any proceedings of the corporation, of Standing Committee or of any committee constituted under this Act or form any record under the control of the corporation and with any statistics concerning or connected with the administration of this Act; and the corporation shall furnish the same without unreasonable delay.

1. (1) No suit shall be instituted against the corporation or against 9[the Commissioner, the General Manager] 10[or the Director] or a Deputy Commissioner, or against any municipal officer or servant, in respect of any act done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act,—
   • (a) until the expiration of one month next after notice in writing has been, in the case of the corporation, left at the chief municipal office and, in the case of 11[the Commissioner, the General Manager] 12[or the Director] or of a Deputy Municipal Commissioner or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity Section 80 of Bom. 48 of 1950 reads as follows :— “80. Amendments made by sections 64, 65, 67, 68 and 76 to have retrospective effect.— (1) The amendments made by sections 64, 65 and 67 shall be deemed to have been made, on and to have effect from the 15 th day of August 1948. (2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have effect from the 14 th day of March 1944 and any order made or action taken under the said Act before the commencement of this Act shall be deemed to have been made or taken under the said Act as amended by this Act, and no prosecution, suit or other proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of any such order or action as the case may be.”. These words were inserted by Bom. 48 of 1950, s. 76(1). Section 80 of Bom. 48 of 1950 reads as follows:—

“80. Amendments made by sections 64, 65, 67, 68 and 76 to have retrospective effect.— (1) The amendments

made by sections 64, 65 and 67 shall be deemed to have been made, on and to have effect from the 15 th day of August 1948. (2) The amendments made by sections 68 and 76 shall be deemed to have been made on and to have effect from the th day of March 1944 and any order made or action taken under the said Act before the commencement of this Act shall be deemed to have been made or taken under the said Act as amended by this Act, and no prosecution, suit or other proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of any such order or action as the case may be.”. These words were substituted for the words “and by-laws” by Bom. 48 of 1950, s. 76(2). 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 word “it” was substituted for the word “him” by the Adaptation of Indian Laws Order in Council. These words were substituted for the original by Bom. 48 of 1948, s. 59. These words were inserted by Mah. 53 of 1981, s. 21. These words were substituted for the original by Bom. 48 of 1948, s. 59. These words were inserted by Mah. 53 of 1981, s. 21.

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the cause of action and the name and place of abode of the intending plaintiff and of his attorney or agent if any, for the purpose of suit; nor

1. (b) unless it is commenced within six months next after the accrual of the cause of action.

1. (2) At the trial of any such suit—
   • (c) the plaintiff shall not be permitted to go into evidence of any cause of action except such as is set forth in the notice delivered or left by him as aforesaid;
   • (d) the claim, if it be for damages shall be dismissed if tender of sufficient amount shall have been made before the suit was instituted or if, after the institution of the suit, a sufficient sum of money is paid into Court with costs.
2. (3) When the defendant in any such suit is a municipal officer or servant, payment of the sum or of any part of any sum payable by him in or in consequence of the suit whether in respect of cost, charges, expenses, compensation for damage or otherwise, may be made, with the 2[previous] sanction of the 3[Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee] from the municipal fund or the 4[Brihan Mumbai Electric Supply and Transport Fund] as the case may be.

.— Notwithstanding the provisions of sections 48, 65, 66 and 67 of the Bombay Land Revenue Code, 1879 (Bom. V of 1879)—

1. (1) the use of any land in the suburbs 8[or extended suburbs] for any purpose to which it may lawfully be put under the provisions of this Act shall not be prohibited in exercise of the powers conferred by or under the said Code;
2. (2) it shall be sufficient for any occupant of land in the suburbs 9[or extended suburbs] assessed or held for the purpose of agriculture to show to the satisfaction of the Collector that he has complied with all the requirements of this Act and the by-laws made thereunder to entitle such occupant to permission under section 65 of the said Code, subject to the condition of the payment of altered assessment and fine, if any, for the use of the holding or part thereof for any purpose unconnected with agriculture.] 10[* * * * * *] This word was substituted for the word “or” as the letter was a misprint. The word “previous” was inserted by Bom. 19 of 1930, s. 20. These words were substituted for the words “Mayor-in-Council” by Mah. 27 of 1999, s. 203. These words were substituted by Mah. 25 of 1996, s. 25. Section 527A was inserted by Bom. 77 of 1950, s. 33. Now, see Maharashtra Land Revenue Code, 1966. This word was substituted for the word “or” as the letter was a misprint. These words were inserted by Bom. 58 of 1958, s. 26. These words were inserted by Bom. 58 of 1958, s. 26. Section 528 was deleted by Mah. 10 of 1998, s. 248.

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