Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent

Subjects) Order, 1960.

118. Amended by Mah. 8 of 1965

The amendments made by this Act shall be deemed to have been made with effect from the first day of April 1956 (see s. 2 of Bom. 51 of 1956). Section 11 of Mah. 1 of 1964 reads as under :— “11. Savings.— Notwithstanding the amalgamation of budget estimates D and F with budget estimate A and the amendments in the principal Act made therefore by sections 4 to 10 (both inclusive) of this Act, budget estimates A, D and F finally adopted by the Corporation for the official year 1963-64 and all provisions of the principal Act applicable thereto immediately before the 28 th day of October 1963 shall remain in operation and continue to apply to the said estimate till the end of the year.”. Section 23 of Mah. 32 of 1964 reads as under :— “23. Savings.— Notwithstanding the abolition of town duties and the repeal of the provisions of the principal Act relating thereto, and the substitution therefor of the provisions relating to octroi made by this Act, all the provisions relating to town duties shall continue to have effect for the purposes of the levy, assessment, collection or refund of the duty, or for the purpose of imposing any penalty, or the confiscation of any articles, or for any other purpose whatsoever connected with or incidental to any of the purposes aforesaid, and any reference to any officer, authority, tribunal or court for the purpose of carrying into effect the provisions aforesaid shall be construed as a reference to the corresponding officer, authority, tribunal or court relating to octroi and if any question arises as to who or which such corresponding officer, authority, tribunal or court is, the decision of the State Government thereon, shall be final.”. Sections 22 and 23 of Mah. 8 of 1965 reads as under :— “22. Savings.— Nothing contained in this Act shall effect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other Committee or Sub-Committee as constituted or appointed under the principal Act immediately before the commencement of this Act, and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committees before the 1 st April 1965 (or if the State Government extends the period under section 7, before the 1 st April 1966) shall, subject to the provisions of the principal Act, be filled as if this Act had not been passed. 23. Removal of difficulty.— If any difficulty arises in giving effect to the provisions of the principal Act as amended by this Act, the State Government may, as occasion arises, by order do anything which appears to it necessary for the purposes of removing the difficulty: Provided that, no order shall be made under this section after the expiry of two years from the commencement of this Act.”.

1888 : III] The Mumbai Municipal Corporation Act 43

(30-4-1973)

(22-9-1975)

143. Amended by Mah. 70 of 1975

Section 8 of Mah. 32 of 1966 reads as under :— “8. Retrospective operation of sections 2 and 5.— The amendments made in the principal Act by sections 2 and 5 of this Act shall be deemed to have been made on and to have effect from the 1 st day of April 1966.”. Maharashtra Ordinance No. V of 1971 was repealed by Mah. 35 of 1971, s. 3. Maharashtra Ordinance No. III of 1973 was repealed by Mah. 34 of 1973, s. 23. Maharashtra Ordinance No. XI of 1975 was repealed by Mah. 63 of 1975, s. 11. Maharashtra Ordinance No. XVII of 1975 was repealed by Mah. 70 of 1975, s. 22. The whole Act (Mah. 70 of 1975) except clause (a) of section 2, section 4 and sections 16 to 20 (both inclusive) was deemed to have come into force on the 8 th day of November 1975. Clause (a) of section 2 and section 4 came into force on the 24 th day of December 1975. Sections 16 to 20 (both inclusive) came into force on the 1 st day of April 1976 [See s.22 of Mah. 70 of 1975].

Note.- The date mentioned in the bracket indicates the date of commencement of the Act.

(16-10-1980)

(31-10-1981)

(7-6-1982)

159. Amended by Mah. 43 of 1983

(25-10-1983)

160. Amended by Mah. 7 of 1984

(30-9-1984)

161. Amended by Mah. 3 of 1985

(l1-2-1985)

162. Amended by Mah. 5 of 1986

(29-11-1986)

163. Amended by Mah. 7 of 1986

(20-12-1985)

(12-6-1989)

(16-3-1990)

169. Amended by Mah. 12 of 1990

11, 12 (12-2-1990)

Maharashtra Ordinance No. XII of 1980 was repealed by Mah. 20 of 1980, s. 23. Maharashtra Ordinance No. XVIII of 1981 was repealed by Mah. 71 of 1981, s. 3. Maharashtra Ordinance No. V of 1982 was repealed by Mah. 25 of 1982, s. 5. Section 4 of the Act reads as follows :— “4. Savings.— Nothing contained in this Act shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee, the Bombay Electric Supply and Transport Committee, the Education Committee or any other Committee or Sub-Committee as constituted or appointed under the principal Act immediately before the commencement of this Act, and any casual vacancy in the office of a Councillor, a member of any of the said Committees or Sub-Committees before the 1 st April 1983 shall, subject to the provisions of the principal Act, be filled as if this Act had not been enacted.”. Maharashtra Ordinance No. XVII of 1983 was repealed by Mah. 43 of 1983, s. 12. Section 7 of the Act reads as under :— “7. Removal of difficulty.— If any difficulty arises in giving effect to the provisions of any of the Acts, as amended by this Act, during the period of one year from the date of coming into force of this Act, the State Government may, as occasion arises, by order do anything, not inconsistent with such provisions, which appears it to be necessary or expedient for the purpose of removing the difficulty.”. Maharashtra Ordinance No. I of 1985 was repealed by Mah. 3 of 1985, s. 10. Maharashtra Ordinance No. X of 1985 was repealed by Mah. 5 of 1986, s. 4. Maharashtra Ordinance No. XIII of 1985 was repealed by Mah. 7 of 1986, s. 7. Maharashtra Ordinance No. IV of 1989 was repealed by Mah. 28 of 1989, s. 8. Maharashtra Ordinance No. V of 1990 was repealed by Mah. 11 of 1990, s. 11. Maharashtra Ordinance No. III of 1990 was repealed by Mah. 12 of 1990, s. l1. Section 13 of Mah. 12 of 1990 reads as follows :— “13. Sitting councillors to continue to hold office.— For the removal of doubt, it is hereby declared that every person elected as a councillor of the Municipal Corporation of Greater Bombay or any of the Municipal Corporations constituted under the provisions of the Bombay Provincial Municipal Corporations Act, 1949 (Bom LIX of 1949). or the Corporation of the City of Nagpur Act, 1948 (C.P. and Berar II of 1950) or of any of the Municipal Councils established

under the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965). and holding office as such councillor and has not

attained the age of twenty-one years on or before the date of commencement of Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 1990 (Mah. XII of 1990) shall, unless he resigns, or is disqualified to hold, such office of councillor before the expiry of his term, continue to be such councillor till the expiry cf his term, as if the amendments made to the relevant municipal law by the Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 1990 (Mah. XII of 1990) had never been made.”.

Note.- The date mentioned in the bracket indicates the date of commencement of the Act.

1888 : III] The Mumbai Municipal Corporation Act 45

170. Amended by Mah. 13 of 1990

(24-4-1990)

171. Amended by Mah. 34 of 1990

2, 3 (8-10-1990)

172. Amended by Mah. 36 of 1990

(14-11-1990)

173. Amended by Mah. 15 of 1991

(16-2-1991)

174. Amended by Mah. 26 of 1991

(29-10-1991)

(4-1-1993)

(31-5-1994)

180. Amended by Mah. 44 of 1994

(11-11-1994)

181. Amended by Mah. 5 of 1995

(31-5-1994)

Section 9 of Mah. 13 of 1990 reads as follows :—

Municipalities Act, 1965 (Mah. XL of 1965), and holding office as such Councillor on the date of commencement of the Maharashtra Municipal Corporations and Municipalities (Second Amendment) Act, 1990 (Mah. XIII of 1990) shall, unless she resigns or is disqualified to hold such office of Councillor before the expiry of her term, continue to be such Councillor till the expiry of her term, as if the amendments made to the Maharashtra Municipalities Act, 1965 (Mah. XL of 1965), by the Maharashtra Municipal Corporations and Municipalities (Second Amendment) Act, 1990 (Mah. XIII of 1990), had never been made.”. Maharashtra Ordinance No. XI of 1990 was repealed by Mah. 34 of 1990, s. 6. Section 5 of Mah. 34 of 1990 reads as follows :— “5. Validation or fees of charges levied and collected by Corporation under Pay and Park Scheme.— Notwithstanding anything contained in any judgement, decree or order of any Court, any fees or charges levied, demanded or collected by the Municipal Corporation of Greater Bombay under the Pay and Park scheme introduced with effect from the 15 th day of October 1988 shall be deemed to have been validly levied, demanded and collected in accordance with law as if the provisions of section 326A had been continuously in force at all material times. Any action taken or anything done for levying, demanding or collecting such fees or charges, from any person during the period commencing on the 15 th day of October 1988 and ending on the day immediately preceding the date of commencement of this Act shall be deemed to

be, and shall be deemed always to have been, validly taken or done and shall not be called in question in any court or

before any authority merely on the ground that the power to earmark such parking places or to levy such fees or charges for use of such parking places for parking of vehicles did not exist or that such levy, demand or collection was not validly made under the principal Act, and accordingly,—

1. (a) no suit or proceedings shall be maintained or continued in or before any court or any authority for the refund of any amount received or realised by way of such fees or charges ;
2. (b) no court or any other authority shall enforce any decree or order directing the refund of any amount received or realised by way of such fees or charges.”. Maharashtra Ordinance No. XIII of 1990 was repealed by Mah. 36 of 1990, s. 10. Maharashtra Ordinance No. III of 1991 was repealed by Mah. 15 of 1991, s. 11. Maharashtra Ordinance No. XI of 1991 was repealed by Mah. 26 of 1991, s. 8. Section 11 of Mah. 12 of 1993 reads as under :— “11. Validation of octroi levied on natural gas and liquified petroleum gas.— For the removal of doubt, it is hereby declared that any octroi levied on natural gas and liquified petroleum gas, being petroleum products, on or after the st day of April 1978 shall be deemed to have been levied under entry 22 in Schedule H to the Bombay Municipal Corporation Act (Bom. III of 1888) as amended by section 9 of the Maharashtra Municipal Corporations (Amendment) Act, 1993 (Mah. XII of 1993) as if that entry in that form was in force on the day on which the octroi was so levied; and accordingly,—
3. (a) any sum paid or payable by way of such octroi shall be deemed to have been paid or payable in accordance with law; and
4. (b) no claim shall lie in any Court against such levy or for the refund of any sum so paid or payable merely on the ground that the expression “petroleum products” did not explicitly mention natural gas and liquified petroleum gas as included therein.”. Mah. Ord. X of 1994 was repealed by Mah. 41 of 1994, s. 163. Mah. Ord. XVIII of 1994 was repealed by Mah. 44 of 1994, s. 11. Mah. Ord. V of 1995 was repealed by Mah. 5 of 1995, s. 13. Note.- The date mentioned in the bracket indicates the date of commencement of the Act.

46 The Mumbai Municipal Corporation Act [1888 : III