FFA

[Section 28 of the Bombay Municipal (Further Extension of Limits and Schedule BBA (Amendment) Act, 1956]. SPECIAL AND TRANSITORY PROVISIONS IN RELATION TO AREAS IN THE EXTENDED SUBURBS. (1) All proceedings pending on the date of the commencement of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956) (hereinafter in this Schedule referred to as ‘the appointed day’) before a local authority in the extended suburbs or before any authority of such local authority which under the provisions of the 2[Mumbai Municipal Corporation Act (Bom. III of 1888),] are required to be instituted before or undertaken by the Commissioner shall be deemed to be transferred to and continued by him and all other such proceedings shall, so far as may be, be deemed to be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of the said Act. (2) All appeals pending before any authority of a local authority in the extended suburbs at the appointed day shall, so far as may be practicable, be disposed of as if the extended suburbs had been included in 3[Brihan Mumbai] when they were filed. (3) All prosecutions instituted by or on behalf of a local authority in the extended suburbs and all suits or other legal proceedings instituted by or against such a local authority or any officer of such a local authority pending at the appointed day shall be continued by or against the Commissioner or the Corporation, as the case may be, as if the extended suburbs had been included in 4[Brihan Mumbai] when such prosecution, suit or proceeding was instituted. (4) (i) All rights of every local authority in the extended suburbs shall, on the appointed day, vest in the corporation. (ii) All sums due to any local authority in the extended suburbs whether on account of any tax or any other account shall be recoverable by the Commissioner and, for the purpose of such recovery he shall be competent to take any measure or institute any proceeding which it would have been open to the authority or officer of such local authority to take or institute if the 5[Mumbai Municipal Corporation Act (Bom. III of 1888)] had not come into force and the extended suburbs had not been included in 6[Brihan Mumbai.] (iii) All debts and obligations incurred and all contracts made by or on behalf of any local authority in the extended suburbs immediately before the appointed day and subsisting on the said day shall be deemed to have been incurred and made by the Commissioner in exercise of the powers conferred on him by the 7[Mumbai Municipal Corporation Act (Bom. III of 1888)]. (iv) In respect of the rights, debts and obligations of the District School Board of the Thana District and the District Local Board of Thana District pertaining exclusively to the area subject to their respective authority which is not included in 8[Brihan Mumbai], this paragraph shall apply as if for the word “Corporation” and the word “Commissioner” the words “District Schools Board of the Thana District or, as the case may be, the District Local Board of the Thana District” were substituted and as if the reference made to the 9[Mumbai Municipal Corporation Act (Bom. III of 1888)], had been a reference to the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), or, as the case may be, the Bombay Local Boards Act, 1923 (Bom. VI of 1923). (5) (i) Save as provided in section 349-E of the 10[Mumbai Municipal Corporation Act (Bom. III of 1888)], any notification, notice, order, scheme, permit, licence, permission, rule, bye-law or form made, Schedule FFA was added by Bom. 58 of 1956, s. 28. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 1888 : III] The Mumbai Municipal Corporation Act 537 issued or granted under the Bombay District Municipal Act, 1901 (Bom. III of 1901), the Bombay Local Boards Act, 1923 (Bom. VI of 1923), the Bombay Village Panchayats Act, 1933 (Bom. VI of 1933), and the Bombay Primary Education Act, 1947 (Bom. LXI of 1947), before the appointed day shall, in so far as it is not inconsistent with the provisions of the 2[Mumbai Municipal Corporation Act (Bom. III of 1888)], or the City of Bombay Primary Education Act, 1920 (Bom. XV of 1920), as the case may be, shall continue in force until it is superseded by any notification, notice, order, scheme, permit, licence, permission, rule, bye-law, or form made, issued or granted under the 3[Mumbai Municipal Corporation Act (Bom. III of 1888)] or the City of Bombay Primary Education Act, 1920 (Bom XV of 1920), as the case may be. (ii) All assessments, valuations, measurements and divisions made under the Bombay District Municipal Act, 1901 (Bom. III of 1901), the Bombay Local Boards Act, 1923 (Bom. VI of 1923), the Bombay Village Sanitation Act, 1889 (Bom. I of 1889), or the Bombay Village Panchayats Act, 1933 (Bom. VI of 1933), shall, in so far as they are consistent with the provisions of the 5[Mumbai Municipal Corporation Act (Bom. III of 1888)], be deemed to have made under that Act. (iii) Subject to the provisions of sub-paragraphs (iv) to (ix) (both inclusive) all officers and servants in the employ of any local authority in the extended suburbs other than the District Local Board of the Thana District and the District School Board of the Thana District immediately before the appointed day, shall be officers and servants employed by the Corporation under the 6[Mumbai Municipal Corporation Act], and shall be entitled to terms and conditions of service not less favourable than those which they enjoyed immediately before the appointed day in the service of the respective local authorities. (iv) It shall be competent for the Corporation or the Commissioner to employ the said officer or servant in any capacity which, in the opinion of the Corporation or the Commissioner, is suitable, having regard to the qualifications, experience and previous emoluments of the said officer or servant, irrespective of the nature of the post held by the said officer or servant before the appointed day. (v) The service rendered by such officers and servants before the appointed day shall be deemed to be service rendered in the service of the Corporation. (vi) It shall be competent to the Commissioner in the case of officers and servants whose monthly salary, exclusive of allowances, immediately before the appointed day was not more than five hundred rupees, or to the corporation in the case of other officers and servants, to discontinue the services of any officer or servant who in his or their opinion is not necessary or suitable to the requirements or the municipal service, after giving such officer or servant such notice as is required to be given by the terms and conditions of his employment and every officer or servant whose services are so discontinued shall be entitled to such leave, pension or gratuity he would have been entitled to take or receive on being invalidated out of service if the limits of the area subject to the authority of the corporation and other municipal authorities had not been extended over the extended suburbs. (vii) It shall be competent to the corporation to appoint the Chief Officers of the Municipalities in the extended suburbs with effect from the appointed day to any appointments under the corporation for which they are in the opinion of the corporation qualified: Provided that, unless a Chief Officer is so appointed he shall be given such leave, pension or gratuity as he would have received had he been invalided out of the service of the local authority concerned if the limits of the area subject to the authority of the corporation and other municipal authorities had not been extended over the extended suburbs. (viii) The State Government may by order specify which officer or servant or class of officers or servants in the employ of the District Local Board of the Thana District or the District School Board of the Thana District immediately before the appointed day shall be taken over in the employ of the corporation, the District Local Board of the Thana District and the District School Board of the Thana District. On the issue of such order, the corporation, the District Local Board of the Thana District and See now the Maharashtra Village Panchayats Act (III of 1959). These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. See now the Maharashtra Village Panchayats Act (III of 1959). These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 538 The Mumbai Municipal Corporation Act [1888 : III the District School Board of the Thana District shall comply with such order and the provisions of sub- paragraphs (iii) to (vi) shall apply mutatis mutandis to such officers and servants. (ix) If any such officer or servant is aggrieved by any order passed by the corporation, the District Local Board of the Thana District or the District School Board of the Thana District, to the service of which such officer or servant is transferred under this paragraph, such officer or servant may appeal to the State Government. (6) Every scheme of compulsion sanctioned or deemed to be sanctioned under the Bombay Primary Education Act, 1947 (Bom. LIX of 1947), and which is in force in any area of the extended suburbs immediately before the appointed day shall have effect as if a declaration has been made by the corporation in respect of such area under section 3 of the City of Bombay Primary Education Act, 1920 (Bom. XV of 1920). (7) Notwithstanding anything contained in the Bombay Town Planning Act, 1915 (Bom. I of 1915) or The Bombay Town Planning Act, 1954 (Bom. XXVII of 1955), any scheme made or sanctioned or any proceedings undertaken in respect of any area in the extended suburbs under any of the said Acts shall be deemed to have been made or undertaken by or in respect of the corporation as a local authority under such Act. (8) The provisions of the Bombay Local Fund Audit Act, 1930 (Bom. XXV of 1930), shall continue to apply in respect of the audit of the accounts of the local authorities in the extended suburbs for the period upto the date immediately preceding the appointed day and of all other matters connected with, or arising out of, such audit as if the limits of the area subject to the authority of the corporation and other municipal authorities under the 1[Mumbai Municipal Corporation Act (Bom. III of 1888)], had not been extended over the extended suburbs: Provided that all references in the said Act to the Chairman of the local authority or to the local authority shall be deemed to be references to the Commissioner. (9) (i) The Corporation shall, within a period of six months from the appointed day, divide the extended suburbs into such number of wards with such boundaries as it may consider suitable and shall apportion seven councillors among the said wards. (ii) The wards so delimited, together with the wards into which the municipal area had been divided under section 24 of the 2[Mumbai Municipal Corporation Act (Bom. III of 1888)] read with paragraph 10 of Schedule FF to the Act immediately before the appointed day shall subject to the provisions of sub-section (2) of the said section, constitute the wards into which 3[Brihan Mumbai] is divided on and from the appointed day for all purposes. (iii) In the event of failure by the corporation to take action as required by sub-paragraph (i) within the period prescribed therein, the State Government may appoint some person for the purpose of taking such action and, on such appointment the provisions of sub-section (3) of section 518 and of section 520 of the said Act shall apply, as far as may be. 4[(iv) When the wards are reconstituted under section 19 as amended by the Bombay Municipal Corporation (Adoption of Assembly Rolls and Single-Member Constituencies) Act, 1964 (Mah. VII of 1965), 5[and the Bombay Municipal Corporation (Third Amendment) Act, 1966 (Mah. XXXIII of 1966), the foregoing provisions of this paragraph shall cease to have effect]. (10) (a) The electoral roll of the Bombay Legislative Assembly prepared under the provisions of the Representation of People Act, 1950 (XLIII of 1950), and for the time being in force for such part of the constituency of the Assembly as is included in a ward delimited under sub-paragraph (i) of paragraph (9) shall be deemed to be the list of voters of such ward. (b) The officer designated by the Commissioner in this behalf shall prepare a list of voters for each such ward. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This sub-paragraph was added by Mah. 8 of 1965, s. 21. These words, brackets and figures were inserted by Mah. 33 of 1966, s. 7. 1888 : III] The Mumbai Municipal Corporation Act 539 (c) After the list of voters is prepared under sub-paragraph (b), such list— (i) shall be deemed to be the ward roll of each such ward, and shall form part of the municipal election roll, within the meaning of section 21 of this Act, (ii) shall be liable to be revised in accordance with the provisions of this Act, and (iii) shall remain in operation till the 19 th day of December 1960. (11) The following special provisions shall apply for filling the seven seats of councillors apportioned among the wards constituted or to be constituted under paragraph (9) for the extended suburbs until the holding of the first general ward elections of councillors next after the appointed day, namely:— (a) The persons holding the office of councillor or member, as the case may be, of the local authority specified in the following table on the date immediately preceding the appointed day shall elect from amongst the councillors or members, as the case may be, of the respective local authority, the number of councillors shown against it in the said table in the manner prescribed in paragraph (12):— Name of the local authority. Number of councillors to be elected by the councillors or members of the local authority. 1. Malad Municipality .. .. 2 2. Kandivali Municipality .. .. 1 3. Mulund Municipality .. .. 1 4. Dahisar Village Panchayat .. .. 1 (b) The corporation shall, as soon as conveniently may be, after the councillors elected under sub-paragraph (a) have taken office, appoint in such manner as it may determine two persons, one each from amongst the persons who are enrolled in— (i) the municipal election roll of the Borivali Municipality, (ii) the list voters of the Goregaon Village Panchayat, in operation on the date immediately before the appointed day to be councillors, subject to the provisions of section 16 of the 1[Mumbai Municipal Corporation Act (Bom. III of 1888)]: Provided that if any of the other municipalities or other local authorities happen to be superseded before the commencement of the Bombay Municipal [(Further Extension of Limits and Schedule BBA) (Amendment)] Act, 1956 (Bom. LVIII of 1956), the Corporation shall from amongst persons who are enrolled on the municipal electoral roll or list of voters of such municipality or local authority in operation immediately before the appointed day appoint such number of persons to be councillors as are specified in respect of such municipality or local authority in sub-paragraph (a) of this paragraph. (12) With respect to the election of councillors for the purposes of sub-paragraph (a) of paragraph (11) the following provisions shall have effect, namely:— (a) the Commissioner shall in respect of the election of councillors by the councillors or members of each local authority specified in the said sub-paragraph (a) within fifteen days of the appointed day, by advertisement in the local news-papers fix a date for the nomination of candidates, a date, time and place for the recording of votes in the event of contested elections, and a date, time and place for the counting of votes: Provided that the date fixed for the nomination of candidates shall not be earlier than ten days after the date of the notice: These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 540 The Mumbai Municipal Corporation Act [1888 : III Provided further that a copy of the notice shall be sent by registered post to the last known address of each person referred to in sub-paragraph (a) of paragraph (11) concerned with the election; (b) the nomination paper shall be in Form AA appended hereto and shall be signed and subscribed by two person entitled to vote at the election as proposer and seconder and shall bear the signature of the person nominated in token of his willingness to be so nominated; (c) every nomination paper signed and subscribed as aforesaid shall be delivered in the Commissioner’s office before five O’clock in the afternoon of the day fixed for the nomination of candidates; (d) each candidate must be nominated by a separate nomination paper, but any person entitled to vote at an election may subscribe as many nomination papers as there are vacancies to be filled but no more; (e) if any person subscribes more nomination papers than there are vacancies to be filled, the nomination papers received after the receipt of the maximum permissible number and subscribed by such person shall be deemed to be invalid; (f) if any person nominated is not eligible for election under paragraph (11), the Commissioner shall declare such person’s nomination invalid; (g) if there is no valid nomination, it shall be deemed that there has been a failure to elect in respect of the vacancy or vacancies in question; (h) if the number of valid nominations is less than that of the vacancies, the persons validly nominated shall be deemed to be elected and for the remaining vacancy or vacancies, it shall be deemed that there has been a failure to elect; (i) if the number of valid nominations is the same as that of the vacancies, the persons nominated shall be deemed to be elected; (j) if the number of valid nominations exceeds that of the vacancies, the Commissioner shall by advertisement in the local newspapers publish the names and descriptions of the persons validly nominated and votes shall be taken for the election of councillors on the date fixed for the purpose; (k) votes shall be recorded by ballot in Form BB appended hereto and in person and no votes shall be received by proxy; (l) no votes shall be recorded for any person whose name has not been published under sub- paragraph (j) as being validly nominated; (m) every voter shall have as many votes as there are councillors to be elected at the election and may give all such votes to one candidate, or may distribute them amongst the candidates as he thinks fit; (n) the candidate, or where there is more than one councillor to be elected, the candidates not exceeding the number of councillors to be elected who have the greatest number of valid votes shall be declared to be elected: Provided that where an equality of votes is found to exist between any candidates and the addition of vote would entitle any of those candidates to be declared elected, the determination of the candidate or candidates to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Commissioner in such manner as he shall determine; (o) every candidate and not more than one representative of every candidate authorised by him in this behalf shall be allowed to be present at the counting of votes and shall be given reasonable opportunity, after the ballot papers have been distributed for counting, to inspect without handling the ballot papers and to question the correctness of the rejection of any ballot paper; (p) in any matter not specifically provided for in this paragraph, the procedure to be followed in respect of the election shall, as far as may be, in accordance with the procedure followed in ward 1888 : III] The Mumbai Municipal Corporation Act 541 elections under the provisions of the 1[Mumbai Municipal Corporation Act (Bom. III of 1888)], and the rules made under section 29 thereof; (q) the result of every election shall be declared by fixing, as soon as may be, in some conspicuous place on the chief municipal office a notice signed by the Commissioner certifying the names of the candidates, if any, elected and in the case of a contested election, the number of votes recorded for each candidate; (r) the names of all candidates elected to be councillors under this paragraph shall be published by the Commissioner in the Official Gazette and, on such, publication such candidate shall be deemed to come into office. (13) In the event of a failure to elect or in the event of the election of any councillor being set aside and there being no other candidate who can be deemed to be elected in his place, the corporation shall, in such manner as it may determine, appoint a person who would have been eligible to be elected as a councillor in the vacancy under sub-paragraph (a) of paragraph (11) to be a councillor and such person shall be deemed for all purposes to have been elected to be a councillor. (14) Councillors elected or appointed under the provisions of paragraph (11), (12) or (13) shall, subject to the provisions of the 2[Mumbai Municipal Corporation Act (Bom. III of 1888)], hold office for the same period as the councillors who came into office on the first day of April 1952 hold office. (15) In the event of the office of any councillor elected or appointed under the provisions of paragraph (11), (12) or (13) becoming vacant for any reason before the expiry of the term specified in paragraph (14) the vacancy shall be filled, as soon as may be by the election or appointment, as the case may be, of a duly qualified person thereto and the provisions of paragraph (11), (12) or (13) shall apply, as far as may be, to such election or appointment: Provided that the office of any councillor becomes vacant within four months of the date on which the term of office prescribed in paragraph (14) is due to expire it shall not be necessary to fill such vacancy. (16) (i) If any dispute arises regarding the validity of any election or appointment held or made under the provisions of this Schedule, the provisions of section 33 of the 3[Mumbai Municipal Corporation Act (Bom. III of 1888)], shall apply, as far as may be, for the purpose of the determination of the dispute as if the election or appointment were an election under the provisions of that Act. (ii) Every election or appointment not called in question in accordance with the provisions of the said section shall be deemed to have been to all intents a good and valid election or appointment. (17) (i) For the period commencing on the appointed day and ending on the 31 st day of March 1958, but subject to the provisions of sub-paragraphs (iii), (iv) and (v), all taxes imposed by any local authority in the extended suburbs and levied immediately before the said day within the limits of the area subject to the local authority shall, unless the corporation otherwise determines, continue to be levied and collected within such limits by the corporation in lieu of the taxes leviable under the 4[Mumbai Municipal Corporation Act (Bom. III of 1888)], and notwithstanding the absence of provision in the said Act for the levy of any of the taxes leviable under this sub-paragraph, and for the purpose of the assessment and collection of the taxes so leviable, the Commissioner shall have all the powers which would be exercisable by a local authority, or any authority or officer of a local authority, but for the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956); (ii) Nothing in sub-paragraph (i) shall authorise the levy of any tax which the State Legislature would not be competent to impose in the State. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 542 The Mumbai Municipal Corporation Act [1888 : III (iii) Town duties shall be levied in accordance with the provisions of the 1[Mumbai Municipal Corporation Act (Bom. III of 1888)], for the whole area of 2[Brihan Mumbai] and no octroi or terminal tax shall be levied in any area in the extended suburbs on and after the appointed day 3[until octroi is first levied under section 192 as substituted by the Bombay Municipal Corporation (Second Amendment) Act, 1964 (Mah. XXXII of 1964)]. (iv) The Corporation may, with the sanction of the State Government, increase the rate of any tax levied under sub-paragraph (i) if at any time during the period therein referred to it deems fit to do so for the purpose of complying with the provisions of section 134 of the 4[Mumbai Municipal Corporation Act (Bom. III of 1888)]. (v) The Corporation may, at any time after public notice of not less than one month, levy taxes in the extended suburbs in accordance with the provisions of the 5[Mumbai Municipal Corporation Act (Bom. III of 1888)], and on and from the date of the commencement of such levy, the provisions of sub- paragraph (i) shall cease to operate in the extended suburbs or area or areas in the extended suburbs, as the case may be, except for the purpose of collecting or assessing any amount which became due prior to such date. (18) (i) It shall be competent for the Commissioner for the period ending on the 31 st day of March 1957 to incur such expenditure in connection with the municipal government of the extended suburbs as, having regard to all the provisions of the 6[Mumbai Municipal Corporation Act (Bom. III of 1888)], he considers necessary and proper, subject to a Schedule of authorised expenditure under major heads of accounts sanctioned by the Standing Committee within a period of not more than two months from the appointed day. (ii) Notwithstanding anything contained in the 7[Mumbai Municipal Corporation Act (Bom. III of 1888)] budget estimate F for the official year commencing on the 1 st day of April 1957 shall be prepared and placed before the Corporation as soon as may be after the appointed day and shall be adopted by the Corporation on or before the 31 st day of March 1957. (19) (i) Subject to the provisions of this paragraph, with effect from the 1 st day of April 1958, the property taxes shall be levied on buildings and lands in the extended suburbs in accordance with the provisions of the 8[Mumbai Municipal Corporation Act (Bom. III of 1888)]. (ii) On all buildings and lands in the areas forming part of the municipal districts of Borivali, Kandivli, Malad and Mulund and the Village Panchayats of Dahisar and Goregaon abolished by this Act, the general property taxes shall be levied for the official year 1958-59 at the rates at which the consolidated property tax was levied by the respective local authorities immediately prior to their abolition. (iii) In the case of any area mentioned in sub-paragraph (ii) if the rate so levied is lower than the rate of general property tax in the city determined under section 128 of the 9[Mumbai Municipal Corporation Act (Bom. III of 1888)], the same shall be raised in each case by 2 per centum each alternate year until the same rate as is determined under section 128 is reached. (iv) On all buildings and lands in the areas in the extended suburbs other than those specified in sub-paragraph (ii) occupied for industrial purposes, the general tax shall be levied at the rate of 14 per centum of their rateable value; and the same shall be increased at the rate of 2 per centum of rateable value every alternate year until the same rate as is determined under section 128 is reached. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2, Schedule. This portion was added by Mah. 32 of 1964, s. 22. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 1888 : III] The Mumbai Municipal Corporation Act 543 (v) On all buildings and lands in the areas in the extended suburbs other than those specified in sub- paragraph (ii) 1[which are not occupied for industrial purposes] the general tax shall be levied at the rate of 6 per centum of their rateable value and the same shall be increased every alternate year at the rate not less than 1 per centum and not more than 2 per centum of rateable value as may be determined by the Corporation from time to time until the same rate as is determined under section 128 is reached. 2[(va) in any area in the extended suburbs in which the urban immovable property tax was being levied immediately before the commencement of the Urban Immovable Property Tax (Abolition) and General Tax (Increase of Maximum Rate) Act, 1962 (Mah. XL of 1962), it shall be lawful after such commencement for the Corporation to increase the rate of the general tax on buildings and lands in such area by an amount not exceeding five per cent. of the rateable value of such buildings and lands. Such increase shall not affect the increases made or to be made under the foregoing provisions of this paragraph.] (vi) Without prejudice to any exemption admissible under sub-section (1) of section 143 of the 3[Mumbai Municipal Corporation Act (Bom. III of 1888)], the buildings and lands, the rateable value of which does not exceed rupees 75 in a year, shall be exempted up to the 31 st day of March 1965. (20) If any difficulty arises in giving effect to the provisions of the Bombay Municipal Corporation [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956 (Bom. LVIII of 1956), the State Government may, as occasion arises, by order do anything which appears to it necessary for the purpose of removing the difficulty: Provided that no order shall be made under this paragraph after the expiry of two years from the appointed day. These words were substituted and shall be deemed to have been substituted on the date on which Bom. LVIII of 1956 came into force for the words “and occupied for residential purposes” by Bom. 6 of 1959, s.6. Sub-paragraph (va) was inserted by Mah.13 of 1963, s. 2. These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 544 The Mumbai Municipal Corporation Act [1888 : III FORM AA [See paragraph 12(b.)] Nomination Paper Name of local authority of which candidate, proposer and seconder were councillors or members. Name of candidate . . . . . . Father’s/Husband’s Name . . . . . . Name of the proposer . . . . . . Signature of the proposer . . . . Name of the seconder . . . . Signature of the seconder . . . . Declaration by candidate I hereby declare that I agree to this nomination. Date (Signature of candidate.) (To be filled in by the Commissioner.) Certificate of delivery. Serial No. This nomination paper was delivered to me at my office at (date and hour).................................... (Signature of the Commissioner.) 1888 : III] The Mumbai Municipal Corporation Act 545 FORM BB [See paragraph 12 (K.)] Form of Ballot Paper (Form of front of Ballot Paper.) COUNTERFOIL OUTERFOIL Serial No. .................................................................. Name of candidate. Cross. Local authority .................................................................. (enter the name of authority from which election is being made). .................................................................. Name of voter .................................................................. .................................................................. Signature or thumb impression of voter. .................................................................. .................................................................. Note.—It is considered important that the whole of the outerfoil of the ballot paper should be taken up by the cage containing the names of the candidates and spaces for recording votes. ————————————————————————————————————————— BACK OF OUTERFOIL. 1. You have vote(s). 2. The vote is shown by a cross mark (X). Each mark means one vote. 3. Do not put more than ..........cross(es), in all on the paper. 4. You may give all your votes to one candidate or distribute them among the candidates as you think fit. Serial No. 546 The Mumbai Municipal Corporation Act [1888 : III