Maharashtra act 059 of 1949 : The Maharashtra Municipal Corporations Act

1949 : LIX ] Maharashtra Municipal Corporations Act (xxi)

SECTIONS.

456. Power of State Government to make rules. 456A Special power of State Government to make rules.

457. Matters in respect of which rules may be made.

458. By-laws for what purpose to be made.

459. Commissioner to lay draft by-laws before the Corporation for its consideration.

460. Hearing by Corporation of objections to proposed by-laws.

461. By-laws to be confirmed by State Government.

462. By-laws confirmed by State Government to be published in the Official Gazette.

463. Printed copies of by-laws to be kept on sale.

464. State Government may modify or repeal by-laws.

465. Regulations.

466. Making of standing orders by Commissioner.

467. Posting of standing orders and table of stallage, rents, etc.

468. Penalty for breach of rules, by-laws, regulations or standing orders.

CHAPTER XXX.

MISCELLANEOUS.

Public Notices and Advertisements.

469. Public notices how to be made known.

470. Advertisements how to be made.

471. Consent, etc., of Corporation, etc., may be proved by written document. Service of Notices, etc.

472. Notices, etc., by whom to be served or presented.

473. Service how to be effected on owners of premises and other persons.

474. Service on owner or occupier of premises how to be effected.

475. Sections 472, 473 and 474 inapplicable to Magistrate's summons.

476. Signature on notices, etc., may be stamped.

477. Power of Commissioner to call for information as to ownership of premises. Unauthorised works.

478. Work or thing done without written permission of the Designated Officer to be deemed unauthorised.

Enforcement of orders to execute works, etc.

479. Works, etc., which any person is required to execute may in certain cases be executed by Commissioner at such person's cost.

480. Supply of materials. Legal Proceedings.

481. Provisions respecting institution, etc., of civil and criminal actions and obtaining legal advice.

General.

482. Councillors, etc., to be deemed to be public servants. 482A. Power of State Government to accord previous sanction.

483. Co-operation of Police, etc.

484. Assistance for the recovery of rent on land.

485. Informalities and errors in assessments, etc., not to be deemed to invalidate such assessment, etc.

486. Indemnity for acts done in good faith.

487. Protection of persons acting under this Act against suits.

22

(xxii) Maharashtra Municipal Corporations Act [1949 : LIX

S ECTIONS.

488. Savings in respect of certain provisions of Bombay Land Revenue Code, 1879.

489. Limitation of liability of agent or trustee of owner.

CHAPTER XXXI.

REPEALS AND AMENDMENTS.

490. Certain Acts to cease to apply to City.

491. Amendment of certain enactments.

492. Repeal.

493. Transitory provisions. APPENDIX I . . Provisions of the Land Acquisiton Act, 1894,

. . regulating the Acquisition of Land for Improvement purposes.

APPENDIX II . . Table of Penalties. APPENDIX III . . Enactments amended. APPENDIX IV . . Transitory provisions. SCHEDULE A . . [Deleted].

SCHEDULE B . . [Deleted].

SCHEDULE C . . [Deleted].

SCHEDULE D . .

CHAPTER I . . Election Rules. CHAPTER II . . Proceedings of the Corporation, Standing Committee, Transport Committee, etc.

CHAPTER III . . Method of Appointment of certain Municipal

Officers and Servants and their Duties and

Powers.

CHAPTER IV . . Essential Services.

C HAPTER V . . Contracts.

C HAPTER VI . . Special Funds.

CHAPTER VII . . Budgets.

C HAPTER VIII . . Taxation Rules.

CHAPTER IX . . Drainage and Drainage Works.

C HAPTER X . . Water Supply.

C HAPTER XI . . Streets.

CHAPTER XII . . Buildings Regulations and Building Loans.

C HAPTER XIII . . Powers of Fire-Brigade Officers.

CHAPTER XIV . . Sanitary Provisions.

C HAPTER XV . . Markets and Slaughter-Houses.

CHAPTER XVI . . Transport Undertakings.

C HAPTER XVII . . Vital Statistics.

C HAPTER XVIII . . Articles for keeping which and Trades and Occupations for which Licences are needed.

CHAPTER XIX . . Penalties.

FORMS

23

1949 : LIX] Maharashtra Municipal Corporations Act 1

ACT No. LIX OF 1949¹

[THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.]

[The Act received the assent of the Governor General on the 21st December 1949; assent first published in the Bombay Government Gazette, Part IV on the 29th December 1949].

Adapted and modified by the Adaptation of Laws Order, 1950. Amended by Bom.42 of 1950.

„ „ 9 of 1951.

„ „ 28 of 1951.

„ „ 39 of 1951.

„ „ 10 of 1953.*

„ „ 18 of 1953.

„ „ 57 of 1953.

„ „ 8 of 1954.

., „ 19 of 1954.

„ „ 45 of 1954.

„ „ 58 of 1954.

„ „ 34 of 1955.

„ „ 19 of 1956.

„ „ 22 of 1956.

„ „ 24 of 1956.

Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

Amended by Bom. 5 of 1958.

„ „ 65 of 1958.

„ „ 80 of 1958.

„ „ 53 of 1959.

„ „ 56 of 1959.

Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Amended by Mah. 31 of 1960.

„ „ 48 of 1961.

„ „ 39 of 1963.

„ „ 34 of 1965.

„ „ 53 of 1965.

„ „ 7 of 1966.

„ „ 28 of l966.†

„ „ 26 of 1967‡

„ „ 35 of 1967.

„ „ 32 of 1968.§

„ „ 3 of 1969.

„ „ 33 of 1969.¶

1

For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part V, page 597.

* This Act shall be deemed to have come into force on the 20th day of November 1951 [vide s. 1(2) of Bom. 10 of 1953].

† This Act shall be deemed to have come into force on the 1st day of April

Maharashtra Municipal Corporations Act [1949 : LIX2 Amended by Mah. 8 of 1970.

„ „ 13 of 1971.

„ „ 53 of 1973 (27-12-1973).*

„ „ 37 of 1974££(20-5-1974).*

„ „ 16 of 1975 (1-4-1975).*

„ „ 27 of 1975 (27-8-1975).*

„ „ 63 of 1975† (22-9-1975).*

„ „ 68 of 1975 (24-12-1975).*

„ „ 42 of 1976 (1-10-1976).*

„ „ 42 of 1977 (11-8-1977).*

„ „ 21 of 1979†† (21-4-1979).*

„ „ 24 of 1979$ (15-6-1979).*

„ „ 6 of 1980 (13-2-1980).*

„ „ 20 of 1980¶ (16-10-1980).*

„ „ 12 of 1981@ (4-2-1981).*

„ „ 68 of 1981 (28-12-1981).*

„ „ 69 of 1981(28-12-1981).*

„ „ 29 of 1982††$ (4-8-1982).*

„ „ 27 of 1983‡‡(20-5-1983).*

„ „ 7 of 1984 (30-3-1984).*

„ „ 32 of 1984£@@ (5-9-1984).*

„ „ 3 of 1985@@ (11-2-1985).*

„ „ 7 of 1986@@@ (20-12-1985).*

*This indicates the date of commencement of Act. ££Mah. Ordinance No. VII of 1974 was repealed by Mah. 37 of 1974, s. 3. †Mah. Ordinance No. XI of 1975 was repealed by Mah. 63 of 1975, s. 11. ††Mah. Ordinance No. III of 1979 was repealed by Mah. 21 of 1979, s. 6. $Mah. Ordinance No. V of 1979 was repealed by Mah. 24 of 1979, s. 3. ¶Mah. Ordinance No. XII of 1980 was repealed by Mah. 20 of 1980, s. 23. @Mah. Ordinance No. I of 1981 was repealed by Mah. 12 of 1981, s. 7. ††$Mah.Ordinance No. IX of 1982 was repealed by Mah. 29 of 1982, s.9. Section 2 of the Mah. 29 of 1982 provides as follows :—

"2. The Bombay Provincial Municipal Corporations Act, 1949, as in force immediately before the commencement of this Act in the Bombay area of the State of Maharashtra, is hereby extended to the rest of the State of Maharashtra.".

‡‡Mah. Ordinance No. XI of 1983 was repealed by Mah. 27 of 1983, s. 5. £@@ Maharashtra Ordinance No. VI of 1984 was repealed by Mah. 32 of 1984, s. 3(1). @@ Maharashtra Ordinance No. I of 1985 was repealed by Mah. 3 of 1985, s. 10. @@@ Maharashtra Ordinance No. XIII of 1985 was repealed by Mah. 7 of 1986, s. 7. Extention

of

Bom. LIX of

1949 to rest

of State.

25

1949 : LIX] Maharashtra Municipal Corporations Act 3 Mah.

XLIV of

1986.

Amended by Mah.44 of 1986£ (19-12-1986).* „ „ 20 of 1987 (1-11-1987).*

„ „ 38 of 1987 (4-12-1987).*

„ „ 18 of 1988££ (11-7-1988).* „ „ 6 of 1989.

„ „ 19 of l989t.

„ „ 28 of l989£££ (12-6-1989).* Validation of

acts and

things done

by

administrators.

Validation of

acts and

things done

by

administrators.

Validation of

acts and

things done

by

administrators.

Mah.

XVIII of

1988.

£ Section 3 of Mah. 44 of 1986 reads as under :—

"3. Notwithstanding anything contained in the principal Act, all acts and things done during the period commencing from the date on which the aggregate period of three years referred to in clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) Act, 1986 (hereinafter referred to as " the said period ''), by the Administrator appointed under the said clause (ab) shall be valid and shall be deemed always to have been valid; and no suit or other proceeding shall be instituted, maintained or continued against any such Administrator or the Corporation on the ground that the elections of Councillors were not held within the aggregate period of three years from the date on which such Administrator had assumed office and that he had no authority to do such acts or things during the said period.".

* This indicates the date of commencement of Act.

££ Section 3 of Mah. 18 of 1988 reads as under :—

"3. Notwithstanding anything contained in the principal Act, all acts and things done during the period commencing from the date on which the aggregate period of five years referred to in clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) Act, 1988 (hereinafter referred to as "the said period"), by the Administrator appointed under the said clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other proceeding shall be instituted, maintained or continued against any such Administrator or the Corporation on the ground that the elections of Councillors were not held within the aggregate period of five years from the date on which such Administrator had assumed office and that he had no authority to do such acts or things during the said period.".

t Section 3 of Mah. 19 of 1989 reads as under :—

"3. Notwithstanding anything contained in the principal Act, all acts and things done during the period commencing from the date on which the aggregate period of six years referred to in clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) Act, 1989 (hereinafter referred to as "the said period"), by the Administrator appointed under the said clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other proceeding shall be instituted, maintained or continued against any such Administrator or the Corporation on the ground that the elections of Councillors were not held within the aggregate period of six years from the date on which such Administrator had assumed office and that he had no authority to do such acts or things during the said period.".

£££ Maharashtra Ordinance No. IV of 1989 was repealed by Mah. 28 of 1989, s. 8. Mah.

XIX of

1989.

H 610—4

26

Maharashtra Municipal Corporations Act [1949 : LIX4 Sitting

councillors to

continue to

hold office.

Amended by Mah. 11 of 1990 £££ (16-3-1990).* „ „ 12 of 1990 f (12-2-1990)*

„ „ 13 of 1990

„ „ 28 of 1990

„ „ 36 of 1990$$ (14-11-1990)*

„ „ 15 of 1991 ©(16-2-1991).*

„ „ 26 of 1991 @* (29-10-1991).*

„ „ 13 of 1992 (1-1-1993).*

„ „ 21 of 1992 *@f#(10-8-1992)*

„ „ 12 of 1993 (4-1-1993).*

„ „ 15 of 1994

„ „ 41 of 1994*f(31-5-1994).*

Validation of

acts and

things done

by

administrators.

£££ Maharashtra Ordinance No. 5 of 1990 was repealed by Mah. 11 of 1990, s. 11. *This indicates the date of commencement of the Act.

f Mah. Ord. 3 of 1990 was repealed by Mah. 12 of 1990, s.14. Section 13 of Mah. 12 of 1990 reads as under :—

"13. 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 or of the Corporation of the City of Nagpur or of any of the Municipal Councils established under the Maharashtra Municipalities Act, 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 the Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 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 of his term, as if the amendments made to the relevant municipal law by the Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 1990 had never been made.".

$$Maharashtra Ordinance No. 13 of 1990 was repealed by Mah. 36 of 1990, s. 10. Section 9 of Mah. 36 of 1990 reads as under :—

"9. Notwithstanding anything contained in the Provincial Municipal Corporations Act, all acts and things done during the period commencing from the date on which the aggregate period of eight years referred to in clause (ab) of paragraph 22 in Part IV of Appendix IV to the Provincial Municipal Corporations Act has expired and ending on the date of commencement of this Act (hereinafter referred to as "the said period") by the Administrator appointed under the said clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other proceeding shall be instituted, maintained or continued against any such Administrator or the Corporation on the ground that the elections of councillors were not held within the aggregate period of eight years, from the date on which such Administrator had assumed office and that he had no authority to do such acts or things during the said period. ©Maharashtra Ordinance No. 3 of 1991 was repealed by Mah. 15 of 1991, s. 11. @*Mah. Ord. 11 of 1991 was repealed by Mah. 26 of 1991.

*@f# Mah. Ord. 9 of 1992 was repealed by Mah. 21 of 1992.

*f Mah. Ord. 10 of 1994 was repealed by Mah. 41 of 1994, s. 163.

Bom.

LIX of

1949

Mah. XL of 1965 Mah. XII of 1990 Mah. XII of 1990.

27

1949 : LIX] Maharashtra Municipal Corporations Act 5 ***†‡ Maharashtra Ordinance No. XVIII of 1994 was repealed by Mah. 44 of 1994, s. 11. ****† Maharashtra Ordinance No. 19 of 1994 was repealed by Mah. 4 of 1995, s.6. Sections 4 and 5 of Mah. 4 of 1995 reads as under :—

'' 4. Notwithstanding the deletion of Part IV of Appendix IV to the principal Act, the municipal officers and servants appointed, if any, under that part before the date of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) Act, 1995, shall be deemed to have been appointed under the corresponding provisions obtaining in Chapter IV of the principal Act and shall continue to be the employees of the Corporation unless their appointments are duly terminated under the said corresponding provisions.

5. Notwithstanding anything contained in the principal Act, all acts or things done, by the administrator of the Municipal Corporation of the City of Kalyan appointed under clause (ab) of paragraph 22 of Part IV of Appendix IV to the principal Act, during the period commencing on the date on which the aggregate period of ten years referred to in the said clause (ab) expired and ending on the date of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation) Act, 1995 (hereinafter referred to as " the said period "), shall be valid and shall be deemed always to have been valid; and no suit or other proceeding shall be instituted, maintained or continued against the said Administrator or the said Municipal Corporation on the ground that the elections to the said Municipal Corporation for election of the Councillors were not held within the aggregate period of ten years from the date on which the Administrator had assumed office and that he had no authority to do such acts or things during the said period.''.

*‡‡ Mah. Ord. V of 1995 was repealed by Mah. 5 of 1995, s. 3.

† This indicates the date of commencement of the Act.

*‡‡‡† Mah. Ord. X of 1995 was repealed by Mah. 3 of 1996, s. 3.

‡ This indicates the date of commencement of this Act.

 Mah. Ord. VII of 2000 was repealed by Mah. 25 of 2000, s. 5.

 Mah. Ord. XXV of 2000 was repealed by Mah. 1 of 2001, s. 4.

 Mah. Ord. XVII of 2000 was repealed by Mah. 2 of 2001, s. 5.

 Mah. Ord. XVIII of 2001, Mah. Ord. XXXII of 2001, Mah. Ord. XXXIV of 2001 and Mah. Ord. XXXVII of 2001 were repealed by Mah. 8 of 2002, s. 24.

 This Act came into force w.e.f. 14th February 2002 by G. N., U.D.D., No. MMC. 1199/218/ CR 29/2002/UD-32, dated the 14th February 2002.

 This Act came into force w.e.f. 1st January 2005 by G. N., U.D.D., No. BNM. 2004/375/ CR 33/UD-32, dated the 1st January 2005.

Continuance

of certain

appointments.

Amended by Mah. 44 of 1994 (11-11-1994)***†‡

„ „ 4 of 1995 (31-5-1994)****†

„ „ 5 of 1995 (31-5-1994)*‡‡

„ „ 20 of 1995 (31-8-1994)†

„ „ 3 of 1996 (31-8-1995)*‡‡‡†

„ „ 11 of 1996 (21-1-1996)†

„ „ 25 of 2000 (4-3-2000)†

„ „ 43 of 2000 (13-9-2000)†

„ „ 1 of 2001 (9-11-2000)†

„ „ 2 of 2001 (16-9-2000)†

„ „ 8 of 2002 (9-11-2001)†

(7-11-2001).

„ „ 11 of 2002 (14-2-2002)†

„ „ 16 of 2004 (1-1-2005)†

„ „ 5 of 2005 (4-1-2005)†

Mah. IV

of 1995.

Validation of

acts and

things done

by

administrator.Mah. IV

of 1995.

H 610—4a

28

Maharashtra Municipal Corporations Act [1949 : LIX6 Amended by Mah. 19 of 2006 (21-6-2006)@ „ „ 35 of 2006 (1-10-2006)*

„ „ 49 of 2006 (27-10-2006)$

„ „ 11 of 2007 (27-2-2007)£

„ „ 15 of 2007 (27-10-2006)†#

„ „ 33 of 2007 (1-3-2008)‡

„ „ 2 of 2008 (4-1-2008)†

„ „ 3 of 2008 (4-1-2008)†

„ „ 12 of 2008 (2-5-2008)†

„ „ 13 of 2008 (12-5-2008)¶%

„ „ 4 of 2009 (3-10-2008)a

„ „ 6 of 2009 (14-1-2009)†

@ This Act came into force with effect from the 21st June 2006 vide G. N., U.D.D., No. BNM 5005/218/CR-43/2005/UD-32, dated the 21st June 2006.

* This Act came into force with effect from the 1st October 2006 vide G. N., U.D.D., No. BNM 5003/121/CR-19/UD-32, dated the 15th September 2006.

$ Maharashtra Ordinance No. 12 of 2006 was repealed by Mah. 49 of 2006, s. 6. £ Maharashtra Ordinance No. 2 of 2007 was repealed by Mah. 11 of 2007, s. 13. # Section 6 of Mah. 15 of 2007 reads as under :—

"6. Notwithstanding anything contained in the second proviso to section 9A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, any Councillor elected to reserved seat and who has not received the validity certificate from the Scrutiny Committee within a period of three months from the date of his election shall continue to hold the office of the Councillor for a further period of one month, as if, the period of three months for submission of the Validity Certificate has been extended by a further period of one month; and any action taken by such Councillor during the period commencing from the expiry of three months from the date of his election and ending on the date of publication of the Maharashtra Municipal Corporation and Municipal Councils (Amendment) Act, 2007, shall be deemed to have been validly taken and shall not be challenged in any court of law only on the ground that during the period of three months from the date of his election he had not submitted the validity certificate.".

‡ This Act came into force with effect from the 1st March 2008 vide G. N., U.D.D., No. BNM 5006/ 35/CR-79/UD-32, dated the 25th February 2008.

% This Act came into force with effect from the 12th May 2008 vide G. N., U.D.D., No. BNM 5007/ 434/CR-119/UD-32, dated the 12th May 2008.

¶ Section 6 of Mah. 13 of 2008 reads as under :—

"6. For the removal of doubt, it is hereby declared that, the election to a reserved seat to the Municipal Corporations or Municipal Councils, before the date of comming into force of this Act, shall be regulated by the relevant provisions of the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948, or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as they existed immediately before such date of commencement.".

a Maharashtra Ordinance No. 7 of 2008 was repealed by Mah. 4 of 2009, s. 9. Removal of

doubt.

Mah. XL

of 1965.

Validation

and savings.

Mah. XV

of 2007.

Bom. III

of 1888.

Bom.

LIX of

1949.

C.P. and Berar II of 1950. Mah. XL of 1965.

29

1949 : LIX] Maharashtra Municipal Corporations Act 7 Amended by Mah. 7 of 2009 (6-2-2009)ß „ „ 21 of 2009

„ „ 27 of 2009 (31-8-2009) 

„ „ 10 of 2010 (1-6-2010)©

„ „ 27 of 2010¥!@@

„ „ 9 of 2011 (1-5-2011)**

„ „ 11 of 2011 (10-3-2011)$$

„ „ 12 of 2011 (10-3-2011)££

ß This Act came into force with effect from the 6th February 2009 vide G. N., U.D.D., No. MMC 2008/291/CR-103/UD-32, dated the 6th February 2009.

 Not brought into force till 8th June 2018.

 Maharashtra Ordinance No. 21 of 2009 was repealed by Mah. 27 of 2009, s. 7.  This Act came into force with effect from the 1st June 2010 vide G. N., U.D.D., No. MMC 2008/466/CR-167/08/UD-32, dated the 31st May 2010. © Section 43 of Mah. 10 of 2010 reads as under :—

"43. For the removal of doubt, it is hereby declared that all proceedings in connection with any assessment, reassessment, levy (including levy of penalty or interest) and collection of any property tax levied on the basis of reteable value relating to any period whatsoever, immediately before the date determined by the Corporation under sub-section (2) of section 129 to adopt capital value to be the base for levy of property taxes shall, notwithstanding anything contained in this Act but save as otherwise expressly provided therein, be continued and dealt with under the Provincial Corporations Act as if this Act has not been enacted.".

¥ Sections 1, 10 and 12 came into force with effect from the 2nd August 2010 and sections 2 to 9, 11 and 13 to 19 came into force with effect from the 26th August 2010. ! Maharashtra Ordinance Nos. 9 of 2009 and 10 of 2010 were repealed by Mah. 27 of 2010, s. 20. @@ Section 19 of Mah. 27 of 2010 reads as under :—

"19. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, in respect of the matters contained in this Act, the State Government may, as the occasion arises, by order published in the Official Gazette, do anything not inconsistent with the provisions of the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 or, as the case may be, the Maharashtra Muncipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this Act, which appears to it to be neccessary for the purpose of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of the respective section of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.".

** Sections 3, 5, 7 and 9 came into force with effect from the 1st May 2011 vide G.N., U.D.D., No. BMC. 5007/267/CR-71/UD-32, dated the 27th April 2011. Section 41 This Act has not brought into force till 31st August 2013.

$$ Maharashtra Ordinance No. 10 of 2011 was repealed by Mah. 11 of 2011, s. 17. ££ Maharashtra Ordinance No. 9 of 2011 was repealed by Mah. 12 of 2011, s. 8. Removal of

doubt.

Power to

remove

difficulty.

Bom. III

of 1888.

Bom.

LIX of

1949.

C.P. and Berar II of 1950. Mah. XL of 1965.

30

Maharashtra Municipal Corporations Act [1949 : LIX8 Amended by Mah. 14 of 2011 (10-3-2011)##††

" " " 20 of 2011 (21-4-2011)†

" " " 26 of 2011 (26-5-2011)

" " " 29 of 2011 (12-9-2011)ßß ## Maharashtra Ordinance No. 11 of 2011 was repealed by Mah. 14 of 2011, s. 31. †† Section 29 of Mah. 14 of 2011 reads as under :—

" 29. (1) If any difficulty arises in giving effect to the provisions of a Municipal Act or rules contained therein or made thereunder as they stand amended by this Act, the State Government may, as occassion arises, by order, take such action, not inconsistent with the provisions of the Municipal Act as amended by this Act, as appears to it to be necessary for the purpose of removing such difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every such order made under sub-section (1) shall be laid, as soon as may be, after it is made before each House of the State Legislature.".

† This indicates the date of commencement of the Act.

 Section 6 of Mah. 20 of 2011 reads as under :—

" 6. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948 or the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this Act or by reason of anything contained therein, or in giving effect to any of those Acts in respect of the matters contained in this Act, the State Government may, as occassion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purpose of removing such difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.".

 Maharashtra Ordinance No. 13 of 2011 was repealed by Mah. 26 of 2011, s. 5.  This Act came into force with effect from the 12th September 2011 vide G.N., U.D.D., No. MMC-2010/5/CR-6/UD-32, dated the 9th September 2011.

ßß Section 9 of Mah. 29 of 2011 reads as under :—

" 9. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948, or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this Act, the State Government may, as occassion arises, by an order published in the Official Gazette, do anything, not inconsistent with the provisions of those Acts :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature.".

Power to

remove

difficulties.

Removal of

difficulty.

Bom. III

of 1888.

Bom.

LIX of

1949.

C.P. and Berar II of 1950. Mah. XL of 1965. Power to remove difficulties. Bom. III

of 1888.

Bom.

LIX of

1949.

C.P and Berar II of 1950. Mah. XL of 1965.

31

1949 : LIX] Maharashtra Municipal Corporations Act 9  Maharasthra Ordinance No. 12 of 2011 was repealed by Mah. 32 of 2011, s. 49. *@ This Act not brought into force till 8th June 2018

@ Sections 1 and 3 of the said Act shall be deemed to have come into force on the 29th August 2011 by Mah. 42 of 2011, s. 1(2) (i)

@@ Sections 2, 4 and 5 of the said Act shall be deemed to have come into force on the 24th October 2011 by Mah. 42 of 2011, s. 1(2) (ii)

### Maharashtra Ordinance No. 8 of 2011 and Maharashtra Ordinance No. 20 of 2011 were repealed by Mah. 42 of 2011, s. 6.

%%% Section 5 of Mah. 42 of 2011 read as under :—

" 5. (1) If any difficulty arises in giving effect to the provisions of the Bombay Provincial Municipal Corporations Act, 1949 and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this Act, the State Government may, as occasion arises, by order published in the Official Gazette, do anything not inconsistent with the provisions of the relevant law, which appears to it to be necessary or expedient for the purpose of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of the respective section of this Act.

(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is issued, before each House of the State Legislature.''.

* This Act came into force w.e.f. 22nd March 2012 vide G.N., U.D.D., No. MMC. 2009/72/C.R. 48/2009/UD-32, dated the 22nd March 2012.

** This Act come into force w.e.f. 5th December 2012 vide G.N., U.D.D., No. NMC. 2009/C.R. 54/ UD-32, dated the 1st December 2012.

%%%% Section 9 of Mah. 23 of 2012 read as under :—

" 9. (1) If any difficulty arises in giving effect to the provisions of the Municipal Corporations Act, as amended by this Act, the State Government may, as occasion arises, by an order published in the Official Gazette, do anything not inconsistent with the provisions of the said Act which appears to it to be necessary or expedient for the purpose of removing the difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature."

$ This indicates the date of commencement of the Act.

Maharashtra Ordinance No. 19 of 2015 was repealed by Mah. 43 of 2015, s. 6. § Section 5 of Mah. 43 of 2015 reads as under :—

" 5. (1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal Corporations Act, the Mumbai Municipal Corporation Act or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this Act, the State Government may, as occasion arises, by order published in the Official Gazette, give such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the purpose of removing the difficulty :

Provided that, no such order shall be made after the expiry of the period of two years from the date of commencement of this Act.

(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature ".

Amended by Mah. 32 of 2011 (21-5-2011)$

" " " 40 of 2011*@

" " " 42 of 2011 (29-08-2011)@ (24-10-2011)@@###

" " " 2 of 2012* (22-3-2012)$

" " " 17 of 2012 (4-8-2012)$

" " " 23 of 2012** (5-12-2012)

" " " 28 of 2012 (20-12-2012)$

" " " 34 of 2014

" " " 10 of 2015 (31-12-2014)

" " " 13 of 2015

" " " 18 of 2015

" " " 35 of 2015

" " " 43 of 2015$ (05-10-2015)§ Power to

remove

difficulty.

Power to

remove

difficulty.

Bom.

LIX of

1949.

Mah. XL of 1965. III of

1888.

LIX of

1949.

Mah. XL of 1965. Power to remove difficulty.

32

Maharashtra Municipal Corporations Act [1949 : LIX10 $$ This Act came into force with effect from 2nd January 2017, vide G. N., U.D.D., No. SMA. 2015/CR-254/UD-34, dated the 16-12-2016.

£ Maharashtra Ordinance No. 16 of 2016 was repealed by Mah. 9 of 2017, s. 13(1). $ This indicates the date of commencement of Act.

© Maharashtra Ordinance No. 17 of 2016 was repealed by Mah. 10 of 2017, s. 4(1). ¶ This Act came into force with effect from the 1^stJuly 2017 vide G.N., F.D., No. MGST. 1017/CR 101(2)/Taxation-1, dated the 29^thJune 2017.

† Section 78 of Mah. 42 of 2017 reads as under :—

" 78. (1) Notwithstanding the amendments made in the Mumbai Municipal Corporation Act, the Maharashtra Entertainments Duty Act, the Maharashtra Municipal Corporations Act, the Maharashtra Motor Vehicles Tax Act, the Maharashtra Village Panchayats Act, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 and the Maharashtra Value Added Tax Act, 2002 by this Act, those laws and all rules, regulations, orders, notifications, form, certificates and notices, appointments and delegation of powers issued under those laws which are in force immediately before the appointed day of the Maharashtra Goods and Services Tax Act, 2017 shall, subject to the other provisions of this Act, in so far as they apply, continue to have effect after the appointed day of the Maharashtra Goods and Services Tax Act, 2017 for the purposes of the levy, returns, assessment, re-assessment, appeal, determination, revision, rectification, reference, limitation, production and inspection of accounts and documents and search of premises, transfer of proceedings, payment and recovery, calculation of cumulative quantum of benefits, exemption from payment of tax and deferment of due date for payment of tax, cancellation of the certificate of Entitlement, collection or deduction of tax at source, refund or set off of any tax, withholding of any refund, exemption from payment of tax, collection of statistics, the power to make rules, the imposition of any penalty, or of interest or forfeiture of sum where such levy, returns assessment, re-assessment, appeal, determination, revision, rectification, reference, limitation, payment and recovery, calculation of cumulative quantum of benefits, exemption from payment of tax and deferment of due date for payment of tax, cancellation of the certificate of entitlement, collection, deduction of tax at source, refund, set-off, withholding of any refund, exemption, collection of statistics, the power to make rules, limitation, production and inspection of accounts and documents and search of premises, transfer of proceedings, penalty, interest or forfeiture of any sum relates to any period ending before the appointed day of the Maharashtra Goods and Services Tax Act, 2017 or for any other purpose whatsoever connected with or incidental to any of the purposes aforesaid and whether or not the tax, penalty, interest, sum forfeited or tax deducted at source, if any, in relation to such proceedings is paid before or after the appointed day of the Maharashtra Goods and Services Tax Act, 2017.

(2) Without prejudice to the provisions contained in the foregoing sub-section, the provisions of section 7 of the Maharashtra General Clauses Act, shall apply in relation to the repeal of any of the provisions of the Acts referred to in sub-section (1).".

££ Maharashtra Ordinance No. 13 of 2017 was repealed by Mah. 51 of 2017, s. 5(1). @ Section 6 of Mah. 51 of 2017 reads as under :—

" 6. For the removal of doubt, it is hereby declared that all the provisions of the Mumbai Municipal Corporation Act and the Maharashtra Municipal Corporations Act, as amended by the Mumbai Municipal Corporation and the Maharashtra Municipal Corporations (Amendment) Ordinance, 2017, shall with effect from 8th January 2017, being the date of commencement of the said Ordinance, continue to be in force and be deemed to be continuously in force.".

©© Maharashtra Ordinance No. 8 of 2017 was repealed by Mah. 52 of 2017, s. 5(1). Section 6 of Mah. 52 of 2017 reads as under :—

" 6. For the removal of doubt, it is hereby declared that all the provisions of the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2017, shall with effect from 2nd February 2017, being the date of commencement of the said Ordinance, continue to be in force and be deemed to be continuously in force.".

III of

1888

I of 1923. LIX of

1949.

LXV of

1958.

III of

1959.

Mah. XL of 1965. Mah.

XVI of

1975.

Mah. IX of 2005. Mah.

XLIII. of

2017.

Mah. XLIII. of

2017.

Mah. XLIII. of 2017. Mah. XLIII. of 2017. I of 1904. III of

1888.

LIX of

1949.

Mah. Ord. III of 2017. Removal of doubt.

III of 1888. LIX of

1949.

Mah. XL of

1965.

Mah. Ord. VI of 2017. Saving.

Removal of doubt.

" " " 19 of 2016$$

" " " 9 of 2017£ (19-05-2016) $

" " " 10 of 2017 © (16-06-2016) $

" " " 42 of 2017 (01-07-2017)¶†

" " " 51 of 2017 ££@ (08-01-2017) $

" " " 52 of 2017 ©© (02-02-2017) $

33

1949 : LIX] Maharashtra Municipal Corporations Act 11 ¶ ¶ Maharashtra Ordinance No. 10 of 2017 was repealed by Mah. 53 of 2017, s. 4(1). + Maharashtra Ordinance No. 23 of 2017 was repealed by Mah. 7 of 2018, s. 5(1). * Section 3 of Mah. 7 of 2018 reads as under :—

" 3. (1) Notwithstanding anything contained in any judgement, decree or order of any court to the contrary, any assessment, review, levy or collection of stamp duty or surcharge in respect of execution of instruments of sale, gift and usufructuary mortgage, or any action taken or thing done in relation to such assessment, review, levy or collection under the provisions of the Maharashtra Municipal Corporations Act (hereinafter in this section referred to as "the Municipal Corporations Act") prior to the date of commencement of the Maharashtra Municipal Corporations (Second Amendment) Act, 2017 (hereinafter in this section referred to as "the Amendment Act" ), shall be deemed to be valid and effective as if such assessment, review, levy or collection or action or thing had been duly made, taken or done under the Municipal Corporations Act, as amended by the Amendment Act, and accordingly,—

(a) all acts, proceedings or things done or taken by any authority or by the State Government or by any officer of the State Government in connection with the assessment, review, levy or collection or action or thing in connection with the levy of such stamp duty or surcharge , for all purposes be deemed to be, and to have always been done or taken in accordance with the law;

(b) no suit, appeal, application or other proceedings shall lie or be maintained or continued in any Court or before any Tribunal, officer or other authority for the refund of such stamp duty or surcharge so paid; and

(c) no Court, Tribunal, officer or other authority shall enforce any decree or order directing the refund of such duty or surcharge.

(2) For the removal of doubt it is hereby declared that, nothing in sub-section (1) shall be construed as preventing a person,—

(a) from questioning in accordance with the provisions of the Municipal Corporations Act, as amended by the Amendment Act, assessment, review, levy or collection of such stamp duty or surcharge, referred to in sub-section (1), or

(b) from claiming refund or any stamp duty or surcharge paid by him in excess of the amount due from him by way of stamp duty under the Municipal Corporations Act as amended by the Amendment Act.

(3) Nothing in the Municipal Corporations Act, as amended by the Amendment Act, shall render any person liable to be convicted of any offence in respect of anything done or omitted to be done by him, before the date of commencement of the Amendment Act, if such act or omission was not an offence under the Municipal Corporations Act on the relevant date, but for such amendment made by the Amendment Act; nor shall any person in respect of such act or omission be subject to a penalty greater than that which could have been imposed on him under the law in force immediately before the date of commencement of the Amendment Act.".

34

Maharashtra Municipal Corporations Act [1949 : LIX12

WHEREAS, it is expedient to provide for the establishment of municipal corporations¹[for all larger urban areas except that of Brihan Mumbai]²[in the State of Maharashtra] with a view to ensure a better municipal government of³[the said larger urban areas]; It is hereby enacted as follows :—

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the⁴[Maharashtra Municipal Corporations Act ].

5 [(2) It extends to the areas of Municipal Corporations constituted or deemed to be constituted under the Act.]

6 * * * * * * *

2. In this Act, unless there be something repugnant in the subject or context,—

(1) " Appendix " means an Appendix to this Act ; 7 * * * * * * * *

8 [(2A) " approved co-operative bank " means such co-operative bank registered or deemed to be registered under the^†Bombay Co-operative Societies Act, 1925, as may be approved by the State Government by general or special order ;]

9 [(2B) " Assembly Constituency " means a constituency provided by law for the purpose of elections to the Maharashtra Legislative Assembly; or any part thereof which is for the time being comprised in the City ; (2C) " Assembly roll " means the electoral roll prepared for any Assembly constituency in accordance with the provisions of the Representation of the People Act, 1950 ;]

(3) " bakery or bake-house " means any place in which bread, biscuits or confectionery are baked, cooked or prepared in any manner whatsoever for the purposes of sale or profit ;

Short title,

extent and

commence-

ment.

Definitions.

Bom.

VII of

1925.

XLII of

1950.

35

1949 : LIX] Maharashtra Municipal Corporations Act 13 1 [(3A) " Backward Class of citizens " means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;]

(4) " budget grant " means the total sum entered on the expenditure side of a budget estimate under a major head as prescribed by rules and adopted by the corporation, and includes any sum by which such budget grant may be increased or reduced by a transfer from or to other heads in accordance with the provisions of this Act and rules ;

(5) " building " includes a house, out-house, stable, shed, hut, and other enclosure or structure whether of masonry, bricks, wood, mud, metal or any other material whatever, whether used as a human dwelling or otherwise, and also includes verandahs, fixed platforms, plinths, doorsteps, walls including compound walls and fencing and the like ; 2 [(5A) " business " includes,---

(a) any trade, commerce, profession, consumption or manufacture or any adventure or concern in the nature of trade, commerce, profession, consumption or manufacture, whether or not such trade, commerce, profession, consumption, manufacture, adventure or concern is carried on with a motive to make gain or profit and whether or not any gain or profit accrues from such trade, commerce, profession, consumption, manufacture, adventure or concern and whether or not there is any volume, frequency, continuity or regularity in such trade, commerce, profession, consumption, manufacture, adventure or concern ;

(b) any transaction in connection with, or incidental or ancillary to, such trade, commerce, profession, consumption, manufacture, adventure or concern whether or not such transaction is in respect of capital assets and whether or not it is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction, and whether or not, there is any volume, frequency, continuity or regularity in such transation ;

(c) any occasional transaction in the nature of such trade, commerce, profession, consumption, manufacture, adventure or concern involving import, purchase or sale of goods in the City, whether or not there is any volume, frequency, continuity or regularity to such transaction and whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction ;

(d) any transaction in connection with, or incidental or ancillary to, the commencement or closure of such trade, commerce, profession, consumption, manufacture, adventure or concern, whether or not such transaction is effected with a motive to make gain or profit and whether or not any gain or profit accrues from such transaction. Explanation—For the purposes of this clause, the activities of raising of man-made forests or rearing of seedlings or plants shall be deemed to be a business;]

(6) " by-law " means a by-law made under section 458 ; 3 ***

1

Clause (3A) was inserted by Mah. 41 of 1994, s. 44(b).

2

Clause (5A) was inserted by Mah. 3 of 1996, s. 2(a).

3

Clause (6A) was deleted by Mah. 42 of 2017, s. 32. H 610—5a

Maharashtra Municipal Corporations Act [1949 : LIX14

(7) "cesspool" includes a settlement tank or other tank for the reception or disposal of foul matter from buildings ;

1 [(8) "City" means the larger urban area specified in a notification issued, in respect thereof under clause (2) of article 243-Q of the Constitution of India or under sub-section (2) of section 3 of the Act,²[forming a City, and in respect of the City of Nagpur means, the area comprised in the City of Nagpur on the date of commencement of the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur Corporation (Repeal) Act, 2011];]

(9) "the Commissioner" means the Municipal Commissioner for the City appointed under section 36 and includes an acting Commissioner appointed under section 39 ;

3 [(10) "Corporation" means the Municipal Corporation constituted or deemed to have been constituted for a larger urban area known as a City;] 4 [(11) "Councillor" means a person duly elected as a member of the Corporation; and includes a nominated Councillor who shall not have the right,—

(i) to vote at any meeting of the Corporation and Committees of the Corporation; and

(ii) to get elected as a Mayor of the Corporation or a Chairperson of any of the Committees of the Corporation ;]

(12) "cubical contents" when used with reference to the measurement of a building means the space contained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey or where the building consists of one storey only, the upper surface of its floor ;

(13) "dairy" includes any farm, cattle-shed, milk store, milk shop, or other place from which milk is supplied for sale or in which milk is kept for the purposes of sale or manufactured into butter, ghee, cheese, curds or dried or condensed milk for sale and in the case of a dairyman who does not occupy any place for the sale of milk, includes the place where he keeps the vessels used by him for the sale of milk but does not include a shop or other place in which milk is sold for consumption on the premises only ;

(14) "dairyman" includes the keeper of a cow, buffalo, goat, ass or other animal the milk of which is offered or intended to be offered for sale for human consumption, and any surveyor of milk and any occupier of a dairy;

(15) "dairy produce" includes milk, butter, ghee, curd, butter milk, cream, cheese and every product of milk ;

(16) "dangerous disease" means cholera, plague, small-pox or any other epidemic or infectious disease by which the life of human beings is endangered and which the Corporation may from time to time by public notice declare to be a dangerous disease ;

5 [(16A) "dealer" means any person who whether for commission, remuneration or otherwise imports, buys or sells any goods in the City for the purpose of his business or in connection with or incidental to his business, and includes,—

(a) a factor, broker, commission agent, del credere agent or any other mercantile agent, by whatever name called, and whether or not of the

1

Clause (8) was substituted by Mah. 41 of 1994, s. 44(c).

2

These words were substituted for the words "forming a City;" by Mah. 23 of 2012, s. 5.

3

Clause (10) was substituted by Mah. 41 of 1994, s. 44 (d).

4

Clause (11) was substituted by Mah. 41 of 1994, s. 44(e).

5

Clause (16A) was substituted by Mah. 3 of 1996, s. 2(c). Mah.

XXIII of

1949 : LIX] Maharashtra Municipal Corporations Act 15 same description as hereinbefore specified who buys, sells, supplies, distributes or imports any goods in the City, belonging to any principal or principals whether disclosed or not;

(b) an auctioneer, who sells or auctions goods in the City, belonging to any principal whether disclosed or not and whether the offer of the intending purchaser is accepted by him or by the principal or a nominee of the principal;

(c) the Central Government or any State Government which (whether or not while carrying on business) buys, sells, supplies, distributes or imports goods directly or otherwise, for commission, remuneration or otherwise;

(d) a society, club or other association of persons (whether incorporated or not) which, whether while carrying on business or not, imports, buys, sells, supplies or distributes goods whether for or on behalf of its members or not, for cash or for deferred payment or, for commission, remuneration or otherwise.

Explanation.—For the purposes of this clause,—

(A) a manager or agent of a non-resident dealer residing in the City who imports, buys, sells, supplies or distributes goods in the City or acts on behalf of such dealer as—

(a) a mercantile agent as defined in the Sale of Goods Act, 1930, or

(b) an agent for handling of goods or documents of title relating to goods, or

(c) an agent for the collection or the payment for the sale price of goods, shall be deemed to be a dealer or as a guarantor for such collection or payment;

(B) each of the following persons and bodies who disposes of any goods including goods as unclaimed or confiscated or as unserviceable or as scrap, surplus, old, obsolete or discarded material or waste products whether by-auction or otherwise directly or through an agent for cash, or for deferred payment, or for any other valuable consideration, shall, notwithstanding anything contained in clause (5A) or any other provisions of this Act, be deemed to be a dealer, namely :—

(a) Port Trusts;

(b) Municipal Corporations, Municipal Councils, Zilla Parishads and other local authorities ;

(c) Railway administration as defined under the * Indian Railways Act, 1890;

(d) Shipping, transport and construction companies;

(e) Air transport companies and Airlines ;

(f) Transporters, holding permit for transport vehicles granted under the Motor Vehicles Act, 1988 which are used or adapted to be used for hire or reward ;

(g) Maharashtra State Road Transport Corporation constituted under the Road Transport Corporations Act, 1950 ; * See, now the Railways Act, 1989 (24 of 1989). 3 of

1930.

9 of

1890.

59 of

1988.

44 of

1950.

38

Maharashtra Municipal Corporations Act [1949 : LIX16

(h) Customs Department of the Government of India administering the Customs Act, 1962 ;

(i) Insurance and Financial Corporations, or Companies, and Banking Companies;

(j) Advertising agencies;

(k) any other Corporation, Company, Body or Authority owned or set-up by, or subject to administrative control of, the Central Government or any State Government.

Exception.—(i) Any individual who imports goods for his exclusive consumption or use and a department of State or Central Government not engaged in business shall not be a dealer;

(ii) An agriculturist who sells exclusively agricultural produce grown on the land cultivated by him personally, shall not be deemed to be a dealer within the meaning of this clause ;]

1 [(16B) "Designated Officer" means an officer designated under sub- section (1) of section 260;]

(17) "drain" includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush-tank, septic tank or other device for carrying-off or treating sewage, offensive matter, polluted water, sullage, waste water, rain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter from any place ;

(18) "eating house" means any premises to which the public or any sections of the public are admitted and where any kind of food is prepared or supplied, for consumption on the premises or elsewhere, for the profit or gain of any person owning or having an interest in or managing such premises ;

(19) "essential services" means services in which any municipal officer, servant or other person is employed by or on behalf of the Corporation and which are specified in the rules ;

(20) "factory" means a factory as defined in the Factories Act, 1948 ;

(21) "filth" includes sewage, nightsoil and all offensive matter; 2 [(21A) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of article 243-I of the Constitution of India;]

(22) "food" includes every article used for food or drink by man other than drugs or water, and any article which ordinarily enters into or is used in the composition or preparation of human food, and also include confectionery, flavouring and colouring matter and spices and condiments;

(23) "form" means a form appended to the rules ;

(24) "frame building" means a building the external walls of which are constructed of timber framing or iron framing and the stability of which depends on such framing;

(25) "goods" includes animals;

1

Clause (16B) was inserted by Mah. 2 of 2012, s. 10.

2

Clause (21A) was inserted by Mah. 41 of 1994, s. 44(f). 52 of

1962.

63 of

1948.

1949 : LIX] Maharashtra Municipal Corporations Act 17

(26) "house-drain" means any drain of, and used for the drainage of, one or more buildings or premises and made merely for the purpose of communicating therefrom with a municipal drain ;

(27) "house-gully" or "service passage" means a passage or strip of land constructed, set apart or utilised for the purpose of serving as a drain or of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleaning thereof or in the removal of such matter therefrom ;

(28) "hut" means any building which is constructed principally of wood, mud, leaves, grass, cloth or thatch and includes any temporary structure of whatever size or any small building of whatever material made which the Corporation may declare to be hut for the purposes of this Act; 1 [(28A) " importer '' means a person who brings or causes to be brought any goods into the limits of the City from any place outside the area of the City for use, consumption or sale therein ;]

(29) "the Judge" means in the²[City of³[Pune], the Judge of the Court of Small Causes, and in any other City, the Civil Judge (Senior Division) having jurisdiction in the City];

(30) "land" includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street;

4 [(30A) "larger urban area" means an area specified as a larger urban area in a notification issued under clause (2) of article 243-Q of the Constitution of India or under the Act;]

(31) "licensed plumber", "licensed surveyor", "licensed architect",

"licensed engineer", "licensed structural designer" and "licensed clerk of works", respectively, means a person licensed by the Corporation as a plumber, surveyor, architect, engineer, structural designer or a clerk of works under this Act;

5 ***

(32) "lodging house" means a building or part of a building where lodging with or without board or other service is provided for a monetary consideration;

(33) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, live-stock or food for live-stock or meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person ;

1

Clause (28A) was inserted by Mah. 3 of 1996, s. 2(d).

5

Maharashtra Municipal Corporations Act [1949 : LIX18

(34) "masonry building" means any building other than a frame building or a hut and includes any structure a substantial part of which is made of masonry or of steel, iron or other metal ;

(35) "municipal drain" means a drain vested in the Corporation ;

(36) "municipal market" means a market vested in or managed by the Corporation ;

(37) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation ;

(38) "municipal tax" means any impost levied under the provisions of this Act;

(39) "municipal water-works" means water-works belonging to or vesting in the Corporation ;

(40) "nuisance" includes any act, omission, place or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or which is or may be dangerous to life or injurious to health or property ;

(41) "occupier" includes,—

(a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable,

(b) an owner living in or otherwise using his land or building,

(c) a rent-free tenant,

(d) a licensee in occupation of any land or building, and

(e) any person who is liable to pay to the owner damages for the use and occupation of any land or building;

1 ***

(43) " offensive matter " includes animal carcasses, dung, dirt and putrid or putrifying substances other than sewage ;

(44) "official year²[or year]" means the year commencing on the first day of April;

(45) "owner " means,—

(a) when used with reference to any premises, the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let and includes,—

(i) an agent or trustee who receives such rent on account of the owner,

(ii) an agent or trustee who receives the rent of, or is entrusted with or concerned for, any premises devoted to religious or charitable purposes,

1

Clause (42) was deleted by Mah. 42 of 2017, s. 32.

These words were inserted by Mah.3 of 1996, s. 2(f ).

2

1949 : LIX] Maharashtra Municipal Corporations Act 19

(iii) a receiver, sequestrator or manager appointed by any Court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of, the said premises, and

(iv) a mortgagee in possession ; and

(b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or boat;

(46) "premises" includes messuages, buildings and lands of any tenure whether open or enclosed, whether built on or not and whether public or private ;

1 [(46A) "prescribed" means prescribed by rules ;]

(47) "private street" means a street which is not a public street;

(48) "privy" means a place set apart for defecating or urinating or both, together with the structure comprising such place, the receptacle therein for human excreta and fittings and apparatus, if any, connected therewith, and includes a closet of the dry type, an aqua privy, a latrine and a urinal;

(49) "property tax" means a tax on buildings and lands in the City;

(50) "public place" includes any public park or garden or any ground to which the public have or are permitted to have, access ;

(51) " public securities" means,—

(a) securities of the Central Government or any²[State] Government,

(b) securities, stocks, debentures or shares the interest whereon has been guaranteed by the Central or the²[State] Government,

(c) debentures or other securities for money issued by or on behalf of any local authority in exercise of the powers conferred by any enactment for the time being in force in any part of³[the territory of India],

(d) securities expressly authorized by any order which the²[State] Government makes in this behalf ;

(52) "public street" means any street,—

(a) heretofore levelled, paved, metalled, channelled, sewered or repaired out of municipal or other public fund, or

(b) which under the provisions of section 224 is declared to be, or under any other provision of this Act becomes, a public street;

(53) "rack rent" means the amount of the annual rent for which the premises with reference, to which the term is used might reasonably be expected to let from year to year as ascertained for the purpose of fixing the rateable value of such premises ;

1

Clause (46A) was inserted by Mah. 3 of 1996, s. 2(g).

2

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3

This portion was substituted for the words " the Dominion of India", by the Adaptation of Laws Order, 1950.

H 610—6

Maharashtra Municipal Corporations Act [1949 : LIX20

(54) "rateable value" means the value of any building or land fixed in accordance with the provisions of this Act and the rules for the purpose of assessment to property taxes ;

1 [(54A) "registered dealer" means a dealer registered under section 152F;]

(55) "regulation" means a regulation made under section 465 ;

(56) (a) a person is deemed to "reside" in any dwelling which, or some portion of which, he sometimes uses, whether interruptedly or not as a sleeping apartment, and

(b) a person is not deemed to cease to "reside" in any such dwelling merely because he is absent from it or has elsewhere another dwelling in which he resides if there is the liberty of returning to it at any time and no abandonment of the intention of returning to it;

(57) "rubbish" includes dust, ashes, broken bricks, mortar, broken glass, garden or stable refuse and refuse of any kind which is not offensive matter or sewage;

(58) "rules" include rules in²[Schedule D] and rules made under sections 454 and 456 ;

3 [(59) "Schedule " means Schedule appended to this Act ;] 4 [(59A) " scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 ;]

5 [(59B) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be the Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India;

(59C) "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be the Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India;]

(60) "sewage" means night-soil and other contents of water closets, latrines, privies, urinals, cesspools, or drains and polluted water from sinks, bath-rooms, stables, cattle-sheds and other like places, and includes trade effluent and discharges from manufactures of all kinds ;

(61) "special fund" means a fund constituted under section 91;

(62) "standing order" means an order made under section 466 ; 6 [(62A) "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (1) of article 243-K of the Constitution of India ;]

1

Clause (54A) was inserted by Mah. 3 of 1996, s. 2(h).

2

This word and letter was substituted for the words "the Schedule" by Mah. 3 of 1996, s. 2(i).

3

Clause 59 was substituted by Mah. 3 of 1996, s. 2(j).

4

Clause (59A) was inserted by Bom. 10 of 1953, s. 2.

5

Clauses (59B) and (59C) were inserted by Mah. 41 of 1994, s. 44(h).

6

Clause (62A) was inserted, by Mah. 41 of 1994, s. 44(i).

1949 : LIX] Maharashtra Municipal Corporations Act ²¹

(63) " street " includes any highway, and any causeway, bridge, viaduct, arch, road, lane, footway, sub-way, court, alley or riding path or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a period of twenty years, and when there is a footway as well as a carriage way in any street, the said term, includes both ;

(64) " sweetmeat shop " means any premises or part of any premises used for the manufacture, treatment or storage for sale, or for the sale, wholesale or retail of any icecream, confections or sweetmeats whatsoever, for whomsoever intended, and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises ;

(65) " theatre tax " means a tax on amusements or entertainments ;

(66) " trade effluent " means any liquid either with or without particles of matter in suspension therein, which is wholly or in part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises, means any such liquid as aforesaid which is so produced in the course of any trade or industry carried on at those premises, but does not include domestic sewage ;

(67) " trade premises " means any premises used or intended to be used for carrying on any trade or industry ;

(68) " trade refuse " means and includes the refuse of any trade, manufacture or business ;

(69) " Transport Manager " means the Transport Manager of the Transport Undertaking appointed under section 40 and includes an acting Transport Manager appointed under section 41 ;

(70) " Transport Undertaking " means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the Corporation for the purpose of providing mechanically propelled transport facilities for the conveyance of the public and includes all movable and immovable property and rights vested or vesting in the Corporation for the purposes of every such undertaking ;

1 ***

(71) " vehicle " includes a carriage, a cart, van, truck, hand-cart, bicycle, tricycle, motor car, and every wheeled conveyance which is used or is capable of being used on a street ;

2 [(71A) " Wards Committee " means a Wards Committee constituted under section 29A of this Act;]

1

Clauses (70A), (70B) and (70C) were deleted by Mah. 42 of 2017, s. 32.

2

Clause (71A) was inserted by Mah. 41 of 1994, s. 44(j). H 610—6a

Maharashtra Municipal Corporations Act [1949 : LIX²²

(72) " water closet " means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action ;

(73) " water-connection " includes,—

(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a private property and connected with a water-main or pipe belonging to the Corporation ; and

(b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe, meter or tap with such water-main or pipes ;

(74) " water-course " includes any river, stream, or channel whether natural or artificial ;

(75) " water for domestic purposes " shall not include water for cattle, or for horses, or for washing vehicles, when the cattle, horses or vehicles are kept for sale or hire, or by a common carrier, and shall not include water for any trade, manufacture or business, or for building purposes, or for watering gardens, or for fountains or for any ornamental or mechanical purposes ;

(76) " water-work " includes a lake, stream, spring, well, pump, reservior, cistern, tank, duct, whether covered or open, sluice, mainpipe, culvert, engine, water-truck, hydrant, stand-pipe, conduit, and machinery, land, building or thing for supplying or used for supplying water or for protecting sources of water supply.

3. ^1[(1)The Corporation for every City constituted under this Act existing on the date of coming into force of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 1994, specified as a larger urban area in the notification issued in respect thereof under clause (1) of article 243-Q of the Constitution of India, shall be deemed to be a duly constituted Municipal Corporation for the larger urban area so specified forming a City, known by the name " The Municipal Corporation of the City of ............... ".

3 [ (1A) The Corporation of the City of Nagpur incorporated under the City of Nagpur Corporation Act, 1948 for the larger urban area specified in the notification issued in this respect under clause (2) of article 243-Q of the Constitution of India shall, on and from the date of coming into force of the Bombay Provincial Municipal Corporations (Amendment) and the City of Nagpur Corporation (Repeal) Act, 2011, be deemed to have been constituted under this Act and accordingly the provisions of this Act shall apply to the area of the City of Nagpur.]

1

Sub-sections (1), (2) and (2A) were substituted by Mah. 41 of 1994, s. 45(a).

2

This marginal note was substituted by Mah. 41 of 1994, s. 45(b)(iii).

3

This sub-section was inserted by Mah. 23 of 2012, s. 6. Mah.

XLI of

1 994.

2 [Specification of larger

urban areas

and

constitution of Corporations.] C.P. and

Berar II

of 1950.

Mah.

XXIII of

2012.

1949 : LIX] Maharashtra Municipal Corporations Act ²³

(2) Save as provided in sub-section (1), the State Government may, having regard to the factors mentioned in clause (1) of article 243-Q of the Constitution of India, specify by notification in the Official Gazette, any urban area with a population of not less than three lakhs as a larger urban area. (2A) Every larger urban area so specified by the State Government under sub-section (2), shall form a City and there shall be a Municipal Corporation for such larger urban area known by the name of the '' Municipal Corporation of the City of .............".]

(3) ¹[(a) ²[Subject to the provision of sub-section (2), the State Government] may also from time to time after consultation with the Corporation by notification in the Official Gazette alter the limits specified for any city under sub-section (1) or sub-section (2) so as to include therein or to exclude therefrom, such area as is specified in the notification.] 3 [(b) Where any area is included within the limits of the 4 [larger urban area] under clause (a), any appointments, notifications, notices, taxes, orders, schemes, licences, permissions, rules, by-laws or forms made, issued, imposed or granted under this Act or any other law, which are for the time being in force in the⁵[larger urban area] shall, notwithstanding anything contained in any other law for the time being in force but save as otherwise provided in section 129A or any other provision of this Act, apply to and be in force in the additional area also from the date that area is included in the⁵[larger urban area]].

(4) The power to issue a notification under this section shall be subject to the conditions of previous publication :

6 [Provided that, where the population of any urban area, in respect of which a Council has been constituted under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as per the latest census figures has exceeded three lakhs, the State Government may, for the purpose of constituting a Corporation under this Act for such urban area, with the same boundries, dispense with the condition of previous publication of the notification under this section.]

3A. ^7******

1

This sub-section was re-numbered as clause (a) by Mah. 29 of 1982, s. 6.

2

These words were substituted for the words " The State Government " by Mah. 41 of 1994, s. 45(b) (i).

3

This sub-clause was added to sub-section (3) by Mah. 29 of 1982, s. 6.

4

These words were substituted for the word " City " by Mah. 41 of 1994, s. 41(b)(ii).

5

These words were substituted for the word " City " by Mah. 41 of 1994, s. 41(b)(iii).

6

This proviso was added by Mah. 42 of 2011, s.2.

7

Section 3A was deleted by Mah. 41 of 1994, s. 46. Mah.

XL of

1965.

Maharashtra Municipal Corporations Act [1949 : LIX²⁴

CHAPTER II.

CONSTITUTION.

Municipal Authorities.

4. (1) The municipal authorities charged with carrying out the provisions of this Act are for each City,

(A) a Corporation ;

(B) a Standing Committee ; 1 [(BA) Wards Committees ; (BB) a Mayor ; and]

(C) a Municipal Commissioner ; and, in the event of the Corporation establishing or acquiring a Transport Undertaking,

(D) a Transport Committee ;

(E) a Transport Manager.

(2) The duties imposed on the Corporation in respect of primary education shall be performed in accordance with the provisions of the *Bombay Primary Education Act, 1947, and for the purposes of the said Act the Corporation shall be deemed to be an authorised municipality within the meaning of the said Act with power to control all approved schools within the City, and to appoint an Administrative Officer.

5. (1) Every Corporation shall, by the name of the " The Municipal Corporation of the City of .................", be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued. 2 [(2) Each Corporation shall consist of,—

(a) such number of councillors, elected directly at ward elections, as is specified in the table below :—

TABLE

Population Number of Councillors

(1) (2)

(i) Above 3 lakhs and upto The minimum number of elected 6 lakhs. councillors shall be 65.

For every additional population of

15,000 above 3 lakhs, one additional

councillor shall be provided, so

however that the maximum number of

elected councillors shall not exceed 85. Municipal

authorities

charged with

execution of

the Act.

1

Clauses (BA) and (BB) were substituted by Mah. 7 of 2009, s. 5.

2

Sub-clause (2) was substituted by Mah. 41 of 1994, s. 48(a). * Now, the short title has been amended as "the Maharashtra Primary Education Act (LXI of 1947)"

by Mah. 24 of 2012, ss. 2 and 3, Schedule, entry 28, with effect from the 1st May 1960. Constitution

of

Corporation.

Bom.

LXI of

1947.

1949 : LIX] Maharashtra Municipal Corporations Act ²⁵

(ii) Above 6 lakhs and The minimum number of elected upto 12 lakhs. councillors shall be 85. For every additional population of 20,000 above 6 lakhs, one additional Councillor shall be provided, so however that the maximum number of elected Councillors shall not exceed 115.

(iii) Above 12 lakhs and The minimum number of elected upto 24 lakhs. councillors shall be 115. For every additional population of 40,000 above 12 lakhs, one additional Councillor shall be provided, so however that the maximum

number of elected Councillors¹[shall not exceed

151.].

2 [(iv) Above 24 lakhs The minimum number of elected Councillors and upto 30 lakhs shall be 151.

For every additional population of 50,000 above 24 lakhs, one additional Councillor shall be

provided, so however that the maximum number

of elected Councillors shall not exceed 161.

(v) Above 30 lakhs The minimum number of elected Councillors shall be 161.

For every additional population of 1 lakh above 30 lakhs, one additional Councillor shall be provided, so however that the maximum number of elected Councillors shall not exceed 175.].

(b) such number of nominated councillors not exceeding five, having special knowledge or experience in Municipal Administration to be nominated by the Corporation in such manner as may be prescribed].

(3) The³[State Election Commissioner] shall, from time to time, by notification in the Official Gazette, specify for each City the number and boundaries of the wards into which such City shall be divided for the purpose of the ward election of councillor⁴[so that as far as practicable, all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same.] Each of the wards shall⁵[elect only one Councillor ;]

6 [Explanation.—For the purposes of this Act, the expression "latest census figures" obtaining in sub-section (3), shall mean,—

(1) (2)

1

These words and figures were substituted for the words and figures " shall not exceed

1 45. ", by Mah. 1 0 of 201 7, s. 2 (a).

2

Entries (iv) and (v) were substituted for entry (iv) by Mah. 10 of 2017, s. 2 (b).

3

These words were substituted for the words "State Government" by Mah. 41 of 1994, s. 48(b)(i).

4

These words were substituted for the portion beginning with the words "each ward shall elect not less than three" and ending with the words "shall approximately be the same"

by Mah. 16 of 2004, s. 2.

5

These words were substituted for the words "elect as far as possible two councillors but not less than two and not more than three Councillors, and each voter shall, notwithstanding anything contained in this Act, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward " by Mah. 10 of 2015, s. 2.

This Explanation was inserted by Mah. 8 of 2003, s. 5(ii).

6

Maharashtra Municipal Corporations Act [1949 : LIX²⁶

(a) the figures of the latest census finally published and pending publication of final figures of the latest census shall mean the provisional figures published of such census ; and

(b) where the relevant final or provisional figures of the latest census are not available, the final relevant figures of the census immediately preceding the latest census :]

1 [Provided that, after the commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2016, in respect of the general elections to the Corporation, each of the wards shall elect as far as possible four Councillors but not less than three and not more than five Councillors, and each voter shall, notwithstanding anything contained in this Act, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward :]

2 [ 3 [Provided further that], no notification issued under sub-section (3), whether before or after the commencement of the Maharashtra Municipal Corporations, Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Act, 1995, shall have effect except for the general election held next after the date thereof and for subsequent elections :]

4 * * * * * *

5 * * * * * *

6 [Provided also that before any notification is issued under sub-section (3), a draft thereof shall be published in the Official Gazette, and in such other manner as in the opinion of the⁷[State Election Commissioner] is best calculated to bring the information to the notice of all persons likely to be affected thereby, together, with a notice specifying the date on or before which any objections or suggestions will be received, and the date after which the draft will be taken into consideration.]

8 [(4) Notwithstanding anything contained in sub-section (3) or any other provisions of this Act, where the area of a City has been extended after the General Elections, an election to provide for representation to the people of the extended area may be held as soon as practicable, and the provisions of sub-section (3) shall, mutatis mutandis, apply to such election :

Provided that, the total number of wards in the city including the wards newly constituted for the extended area under this sub-section shall not exceed the number of electoral wards specified in the Table in clause (a) of sub-section (2) :

Provided further that, the population of the wards newly constituted under this sub-section may marginally exceed or be below the average population of the other wards :

Provided also that, the terms of the Councillors elected from the wards newly constituted under this sub-section shall be co-terminus with the term of the Corporation.

(5) No elections under sub-section (4) shall be held if the remainder of the tenure of the Corporation is less than one year.]

1

This proviso was inserted by Mah. 9 of 2017, s. 2 (a).

2 This proviso was substituted for the existing first proviso by Mah. 11 of 1996, s. 41.

3

These words were substituted for the words '' Provided that '' by Mah. 9 of 2017, s. 2 (b).

4 The second proviso was deleted by Mah. 41 of 1994, s. 48 (b)(iii).

5 The Explanation and the third proviso were deleted, by Mah. 41 of 1994, s. 48(b)(iv).

6 This proviso was added by Mah. 26 of 1967, s. 2(b)(iii).

7 These words were substituted for the words '' State Government'' by Mah. 41 of 1994, s. 48 (b) (i).

8

Sub-sections (4) and (5) were added by Mah. 11 of 2002, s. 33. Mah. IX

of 2017.

Mah. XI

of 1996.

1949 : LIX] Maharashtra Municipal Corporations Act ²⁷ 1 [5A. (1) (a) In the seats to be filled in by election in a Corporation, there shall be seats reserved for persons belonging to the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women, as may be determined by the State Election Commissioner, in the prescribed manner ;

(b) the seats to be reserved for the persons belonging to the Scheduled Castes and the Scheduled Tribes in a Corporation shall bear, as nearly as may be, the same proportion to the total number of seats to be filled in by direct election in the Corporation as the population of the Scheduled Castes or, as the case may be, the Scheduled Tribes in that Corporation area bears to the total population of that area and such seats shall be allotted by rotation to different electoral wards in a Corporation :

Provided that,²[one-half] of the total number of seats so reserved shall be reserved for women belonging to the Scheduled Castes or, as the case may be, the Scheduled Tribes :

Provided further that, where only one seat is reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Castes, or as the case may be, the Scheduled Tribes³* *.

(c) the number of seats to be reserved for persons belonging to the category of Backward Class of citizens shall be twenty-seven per cent. of the total number of seats to be filled in by election in a Corporation and such seats shall be allotted by rotation to different electoral wards in a Corporation ; Provided that,⁴[one-half] of the total number of seats so reserved shall be reserved for women belonging to the category of Backward Class of citizens.

(d) ⁵[one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the category of Backward Class of citizens) of the total number of seats to be filled in by direct election in a Corporation shall be reserved for women and such seats shall be allotted by rotation to different electoral wards in a Corporation :

6 [(e) Notwithstanding anything contained in clauses (a) to (d), the State Election Commissioner may, by an order, issue instructions for rotation of wards reserved for the Scheduled Castes, Scheduled Tribes, Backward Class of citizens and women in Corporations where the number of wards have changed after the general elections for whatever reasons.]

(2) The reservation of seats (other than the reservation for women) under clause (b) of sub-section (1), shall cease to have effect on the expiration of the period specified in article 334 of the Constitution of India.]

1

Section 5A was inserted by Mah. 41 of 1994, s. 49.

2

These words were substituted for the words "one-third" by Mah. 20 of 2011, s. 3(1)(a).

3

The words " and where only two seats are reserved for the Scheduled Castes, or as the case may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging to Scheduled Castes, or as the case may be, the Scheduled Tribes " were deleted by Mah. 20 of 2011, s. 3(1)(b).

4

These words were substituted for the words "one-third" by Mah. 20 of 2011, s. 3(2).

5

These words were substituted for the words "one-third" by Mah. 20 of 2011, s. 3(3).

6

This clause was added by Mah. 11 of 2002, s. 34. Reservation

of seats.

H 610—7

Maharashtra Municipal Corporations Act [1949 : LIX²⁸ 1 [5B. Every person desirous of contesting election to a seat reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of citizens, shall be required to submit, alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De- notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of ) Caste Certificate Act, 2000.]

2 * * *

3 [

4 [Provided that, for the General or bye-elections for which the last date of filing of nomination falls during the period commencing on the date of commencement of the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar panchayats and Industrial Townships (Amendment) Act, 2018 and ending on the 30th June 2019, in accordance with the election programme declared by the State Election Commission, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filling the nomination papers but who has not received the validity certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,—

(i) a true copy of the application preferred by him to the Scrutiny Committee for issuance of the validity certificate or any other proof of having made such application to the Scrutiny Committee ; and

(ii) an undertaking that he shall submit, within a period of six months from the date of his election, the validity certificate issued by the Scrutiny Committee :]

Provided further that, if the person fails to produce the validity certificate within a period of six months from the date of his election, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being a Councillor.]

5 [6. (1) Every Corporation unless sooner dissolved shall continue for a period of five years from the date appointed for its first meeting and no longer.

(2) A Corporation constituted upon the dissolution of a Corporation before the expiration of its duration shall continue for the remainder of the period for which the dissolved Corporation would have continued under sub- section (1) had it not been so dissolved.]

6 [6A. The term of office of the Counillors shall be co-terminus with the duration of the Corporation.

6B. An election to constitute a Corporation shall be completed,—

(a) before the expiry of its duration specified in sub-section (1) of section 6 ; or

(b) before the expiration of a period of six months from the date of its dissolution :

Provided that, where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Corporation for such period.]

7. Any Councillor may resign his office at any time by notice in writing to the Commissioner and, on such notice being given, his office shall become vacant as from the date of the notice.

7-A1. ^7******

1 Section 5B was inserted by Mah. 35 of 2006, s. 4.

2

Provisos were deleted by Mah. 13 of 2008, s. 3.

3

These provisos were added by Mah. 13 of 2015, s. 4.

4

This proviso was substituted by Mah. 21 of 2018, s. 4.

5 Section 6 was substituted by Mah. 41 of 1994, s. 50.

6 Sections 6A and 6B were inserted by Mah. 41 of 1994, s. 51.

7

Section 7-A1 was deleted by Mah. 41 of 1994, s. 52. Person

contesting

election for

reserved seat

to submit

Caste

Certificate

and Validity

Certificate.

Mah.

XXIII of

2001.

Duration of Corporation. Term of office of Councillors. Election to constitute a Corporation. Resignation of office by

Councillor. Mah.

XXI of

2018.

1949 : LIX] Maharashtra Municipal Corporations Act ²⁹ Municipal Election Roll.

1 [7A. The Assembly roll for the time being in force, on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to the different wards in the City, and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorised by him, shall be the ward roll for each ward.]

2 [7AA. * * * * * *

7AAA. * * * * * * ] 3 [7B. Every person whose name is included in any ward roll shall be deemed to be enrolled in the municipal elelction roll.] Qualifications and disqualifications of voters and councillors. 4 [8. Every person whose name is 5 [in a ward roll,] shall be deemed to be entitled to vote at the ward election, and every person whose name is not in the said roll shall be deemed to be not entitled so to vote.] 6 [8A. The voting at an election shall be by ballot or by electronic voting machine and no votes shall be received by proxy.]

9. (1) Subject to the provisions of this Act,⁷[a person who⁸[is not less than twenty-one years of age on the last date fixed for making nominations for any general election or bye-election and] is enrolled in the municipal election roll as a voter for award] shall be qualified to be a councillor and to be elected either from such ward or from any other ward.

(2) Any person who ceases to be a councillor shall, if qualified under sub-section (1), be eligible for re-election as such.

10. (1) Subject to the provisions of sections 13,⁹* and 404, a person shall be disqualified for being elected and for being a councillor, if such person—

10 [(ai) has, at any time after the commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted of an offence punishable under section 153A or sub-section (2) or (3) of section 505 of the Indian Penal Code :

Provided that, such disqualification shall be for a period of six years from the date of such conviction ; ]

11 [(aii) has been so disqualified by or under any law-

(i) for the time being in force for the purpose of elections to the Legislature of the State :

Enrolment in

municipal

election roll.

Persons

qualified to

vote.

Manner of

voting.

Qualification

for election as

councillor.

Disqualifica-

tion for being

a councillor.

Mah.

XIII of

1971.

45 of

1860.

1 Section 7A was substituted by Mah. 11 of 1996, s. 5.

2 Section 7AA and 7AAA were deleted by Mah. 11 of 1996, s. 6.

3 Section 7B was substituted by Mah. 53 of 1973, s. 7.

4 Section 8 was substituted for the original by Mah. 34 of 1965, s. 5.

5

These words were substituted by Mah. 20 of 1980, s. 8.

6

This section was inserted by Mah. 5 of 2005, s. 3.

7

These words were substituted by Mah. 20 of 1980, s. 9.

8 These words were inserted by Mah. 12 of 1990, s. 7.

9 The figures "17" were deleted by Mah. 34 of 19 65, s. 4.

10 Clause (ai) was inserted by Mah. 13 of 1971, s. 5.

11 Clauses (aii) and (a) were substituted for clause (a) by Mah. 41 of 1994, s. 55. Preparation of

Municipal

Election roll.

H 610—7a

Maharashtra Municipal Corporations Act [1949 : LIX³⁰ Mah.

Ord.

XXXI of

2001.

Provided that, no person shall be disqualified on the ground that he is less than twenty-five years of age, if has attained the age of twenty-one years ;

(ii) made by the Legislature of the State of Maharashtra; or

(a) has been convicted by a Court in India of any offence involving moral turpitude, unless a period of six years has elapsed since the date of such conviction ; or]

(b) is an undischarged insolvent;

(c) holds the office of Commissioner or any other office or place of profit under the Corporation ;

(d) is a licensed surveyor, architect or engineer, structural designer, clerk of works or plumber or a member of a firm of which any such licensed person is a member ;

(e) holds any judicial office with jurisdiction within the limits of the City;

(f) subject to the provisions of sub-section (2), has directly or indirectly by himself or his partner any share or interest in any contract or employment with, by or on behalf of the Corporation ;

(g) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Commissioner or the Trnasport Manager is interested or concerned ; or

(h) fails to pay arrears of any kind due to the Corporation by him otherwise than as a trustee within three months after a special notice in this behalf has been served on him by the Commissioner ;

1 [(i) has more than two children:

Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995 (hereinafter in this clause referred to as " the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase :

Provided further that, a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause.

Explanation.—For the purposes of this clause,—

(i) where a couple has only one child on or after the date of such com- mencement, any number of children born out of a single subsequent de- livery shall be deemed to be one entity;

(ii) ''child'' does not include an adopted child or children ;] 2 [(j) is a Member of the State Legislature or of Parliament :

Provided that, nothing in this clause shall affect the membership of a sitting Councillor till the expiry of his current term of office as such Councillor :

Provided further that, any action, taken by such Councillor during the period from the 7th October 2001 till the 20th October 2001, being the date of publication of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) (Amendment) Ordinance, 2001, shall be deemed to have been validly taken and shall not be challenged in any court of law only on the ground that during the said period he had incurred disqualification under this clause ;]

Mah.

XLIII of

2000.

1 Clause (i) was added by Mah. 43 of 2000, s. 3.

2 Clause (j) was inserted by Mah. 8 of 2002, s. 6.

53

1949 : LIX] Maharashtra Municipal Corporations Act ³¹ 1 [(k) he has failed to submit to the Corporation a certificate of the Ward Officer of the concerned corporation

2 [or a self-certificate by such

person], certifying that,—

(i) resides in a house owned by him and has a toilet in such house and he regularly uses such toilet ; or

(ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he has no such toilet but regularly uses the community or public toilet :

Provided that, no Councillor on the date of commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Fourth Amendment) Act, 2015, shall be disqualified under this clause, if he submits such certificate, within a period of one hundred eighty days from the date of such commencement :

Provided further that, if the Ward Officer fails to take the decision in respect of such application within a period of thirty days from the date of receipt of the application ; the application shall be deemed to have been granted and the Ward Officer shall issue such certificate accordingly.] 3 [(1-1A) If, a Councillor or a peson is found to be guilty of misconduct in the discharge of his official duties, or of any disgraceful conduct while holding or while he was holding the office of the Mayor or, as the case may be, the Deputy Mayor, the State Government may, after giving such Councillor or person a reasonable opprotunity of being heard,—

(a) disqualify such Councillor to continue as a Councillor for the reminder of his term of office as a Councillor ; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification ;

(b) disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification.] 4 [(1A) A person shall be disqualified for being a Councillor, if such person has, at any time during the term of his office, become disqualified, under the Maharashtra Local Authority Members' Disqualification Act, 1986 for being a Councillor.]

5 [

6

* * * 7 [(1B) (a) A person person shall be disqualified for being a Councillor, or for contesting an election for being elected as a councillor, for a period of six years, if, an order is passed by the concerned authority, under section 12 or, as the case may be, section 16, holding that such person was elected as a Councillor to a seat which was reserved for a member belonging to a Scheduled Caste, a Scheduled Tribe or a Backward Class of Citizens (hereinafter referred to as " a reserved category ") on the basis of false claim or a false Caste Certificate declaring that such person belonged to such reserved category.

(b) Such period of disqualification shall be computed with effect from the date of passing of such order by the concerned authority. (1C) (a) Notwithstanding anything contained in sub-section (1B), a Concillor who has been elected to a reserved seat as mentioned in sub-section (1B), shall be disqualified for being such Councillor consequent upon the concerned Scrutiny Committee constituted under sub-section (1) of section 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified (Vimukta

1 Clause (k) was added by Mah. 19 of 2016, s. 3.

2

These words were inserted by Mah. 52 of 2017, s. 3.

3

Sub-section (1-1A) was inserted by Mah. 32 of 2011, s. 16.

4

Sub-section (1A) was inserted by Mah. 20 of 1987, s. 11, Sch.

5

Sub-sections (1B), (1C) and (1D) were inserted by Mah. 11 of 2002, s. 35.

6

Sub-sections (1B) and (1C) were deleted by Mah. 35 of 2006, s. 5.

7

Sub-sections (1B) and (1C) were inserted by Mah. 43 of 2015, s. 3. Mah. XX

of 1987.

Mah.

XIX of

2016.

Maharashtra Municipal Corporations Act [1949 : LIX³² Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Vertification of) Caste Certificate Act, 2000 or any other competent authority specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councillor to be invalid and cancelleing the same, on the ground of the same having been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the Councillor shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by the said Scrutiy Committee or by the competent authority.

(b) On any person having been disqualified for being a Councillor and consequently, his seat as such Councillor having become vacant under clause (a), the State Government shall, by notification in the Official Gazette, disqualify such person for being elected or being a Councillor for a period of six years from the date of such order.]

(1D) A Councillor shall be disqualified for being a Councillor, if such Councillor has constructed or constructs by himself, his spouse or his dependent, any illegal or unauthorised structure violationg the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 or the rules or bye-laws framed under the said Acts ; or has directly or indirectly been responsible for, or helped in his capacity as such Councillor in, carrying out such illegal or unauthorised construction or has by written communication or physically obstructed or tried to obstruct, any Competent Authority from discharging its official duty in demolishing any illegal or unauthorised structure. Such disqualification shall be for the reminder of his term as a Councillor from the date of the declaration of such structure to be illegal or unauthorised by the concerned authority under the provisions of the said Acts or, as the case may be, from the date of commission of the act of interference or obstruction by the Councillor against the Competent Authority.]

1 [(1E) If the State Election Commission is satisfied that a person,—

(a) has failed to lodge an account of election expenses within the time and in the manner required by the State Election Commission, and

(b) has no good reason or justification for such failure, the State Election Commission may, by order published in the Official Gazette, declare him to be disqualified and such person shall be disqualified for being a Councillor or for contesting an election for being a Councillor for a period of three years from the date of the order. (1F) The State Election Commission may, for reasons to be recorded, remove any disqualification under sub-section (1E) or reduce the period of any such disqualification.]

(2) A person shall not be deemed to have incurred disqualification under clause (f) of sub-section (1) by reason only of his,—

(a) receiving a municipal pension ; 2 [(aa) any relation being employed with by or on behalf of the Corporation, as an officer or servant thereof ;]

(b) having any share or interest in any lease, sale, exchange or purchase of land or any agreement for the same,—

(i) any lease, sale, exchange or purchase of land or any agree- ment for the same ;

(ii) any agreement for the loan of money or any security for the payment of money only ;

(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted ;

1

Sub-sections (1E) and (1F) were inserted by Mah. 12 of 2008, s. 3.

2

Clause (aa) was inserted by Mah. 35 of 1967, s. 4. Mah.

XXIII of

2001.

Mah.

XXXVII

of 1966.

1949 : LIX] Maharashtra Municipal Corporations Act ³³

(iv) any joint stock company or any society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925* which shall contract with or be employed by the Com- missioner or the Transport Manager on behalf of the Corporation ;

(v) the occassional sale to the Comissioner or Transport Man- ager on behalf of the Corporation of any article in which he regu- larly trades to a value not exceeding in the aggregate in any one official year two thousand rupees ; or

(vi) the occassional letting out on hire to the Corporation or in the hiring from the Corporation of any article for an amount not exceeding in the aggregate in any one official year five hundred rupees ;

(c) occupying as a tenant for the purpose of residence any premises belonging to the Corporation ; or

(d) receiving conveyance charges as a member of the Transport Committee.

11. A Councillor shall cease to hold office as such if at any time during his term of office he—

(a) becomes disqualified for being a Councillor by reason of the provisions of section 10 ;

(b) absents himself during three successive months from the meetings of the Corporation, except from temporary illness or other cause to be approved by the Corporation ;

(c) absents himself from, or is unable to attend, the meetings of the Corporation during six successive months from any cause whatever, whether approved by the Corporation or not ;

(d) acts as a Councillor or as a member of any committee of the Corporation by voting on, or taking part in the discussion of, or asking any question concerning, any matter in which he has directly or indirectly by himself or his partner any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person.

12. (1) If any doubt or dispute arises whether a Councillor has ceased to hold office as such under section 11, such Councillor or any other Councillor may, and at the request of the Corporation, the Commissioner shall, refer the question to the Judge.

(2) On a reference being made to the Judge under sub-section (1), such Councillor shall not be deemed to be disqualified until the Judge after holding an inquiry in the manner provided by or under this Act determines that he has ceased to hold office.

1 [13. (1) (a) The State Government may, on its own motion or on the recommendation of the Corporation, remove any Councillor from office, if such Councillor has been guilty of any misconduct in the discharge of his duties, or of any disgraceful conduct, during his current term of office or immediately preceding term of office as a Councillor.

(b) The State Government may, on the recommendation of the Corporation supported by the vote of not less than three-fourths of the whole number of Councillors, remove any Councillor from office, if such Councillor has, in the opinion of the State Government, become incapable of performing his duties as a Councillor.

Disabilities

from

continuing as

Councillor.

Questions as

to disqualifi-

cation to be

determined

by the Judge.

Liability of

Councillors to

removal from

office.

* See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).

1 Section 13 was substituted by Mah. 3 of 2008, s. 4.

56

Maharashtra Municipal Corporations Act [1949 : LIX³⁴

(2) No resolution recommending the removal of a Councillor for the purposes of sub-section (1) shall be passed by a Corporation and no order shall be made by the State Government, unless the Councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation or order, as the case may be, should not be made :

Provided that, no order of removal of councillor shall be made by the State Government on its own motion, unless the Corporation is given one month's time for taking necessary action in the matter.

(3) In every case in which the State Government makes an order under sub-section (1), the Councillor shall be disqualified for being a Councillor, or from becoming a Councillor, or a Councillor or member of any other local authority, for a period of five years from such date as may be specified in such order, unless the State Government relieves him of the disqualification by an order which it is hereby empowered to make.

(4) If any doubt or dispute arises as to the removal and disqualification of a Councillor under this section, such Councillor may, and at the request of the Corporation, the Commissioner may, make reference to the Judge.] Election of Councillors.

1 [14. (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporations shall vest in the State Election Commissioner.

(2) The State Election Commissioner may by order, delegate any of his powers and functions to any officer of the State Election Commission or any officer of the State Government not below the rank of Deputy Collector or any officer of the Corporation not below the rank of the Assistant Municipal Commissioner.

(3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of Corporations under this Act or the rules shall function under the superintendence, direction and control of the State Election Commissioner.

(4) Notwithstanding anything contained in this Act and the rules, the State Election Commissioner may issue such special or general orders or directions which may not be inconsistent with the provisions of the Act and the rules for fair and free elections.]

2 [14A. The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit to the presiding officers and such directions may include instructing the electors to produce, at the time of polling, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951.]

15. (1) In the event of non-acceptance of office by a person elected to be a Councillor, or of the death, resignation, disqualification or removal of a Councillor during his term of office, there shall be deemed to be a casual vacancy in the office, and such vacancy shall be filled as soon as conveniently may be,³* * * * * by the election of a person thereto, who shall hold office so long only as the councillor in whose place he is elected would have been entitled to hold it if the vacancy had not occurred :

1

Section 14 was substituted by Mah. 41 of 1994, s. 56.

2

New section 14A was inserted by Mah. 44 of 1994, s. 5.

3

The portion beginning with the words "and, in any case" and ending with the words "as occurred" was deleted by Mah. 41 of 1994, s. 57(a).

Power of State

Election

Commissioner

to issue

directions to

prevent

impersonation.

Casual

vacancies how

to be filled.

State Election

Commission.

43 of

1951.

1949 : LIX] Maharashtra Municipal Corporations Act ³⁵ Provided that, no election shall be held for the filling of a casual vacancy if general elections are due to be held within six months of the occurrence of the vacancy¹* * * * *.

2 * * * * * *

(2) The provisions of section 18 shall apply to an election held for the filling of a casual vacancy.

16. (1) If the qualification of any person declared to be elected a Councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection by the³[State Election Commissioner] of a nomination, or of the improper reception or refusal of a vote, or by reason of a material irregularity in the election proceedings, corrupt practice, or any other thing materially affecting the result of the election, any person enrolled in the municipal election roll may, at any time within ten days after the result of the election has been declared, submit an application to the Judge for the determination of the dispute or question.

(2) The⁴[State Election Commissioner] may, if it has reason to believe that an election has not been a free election by reason of the large number of cases in which undue influence or bribery has been exercised or committed by order in writing, authorise any officer⁵[of the Commission] to make an application to the Judge at any time within one month after the result of the election has been declared for declaration that the election of the returned candidate or candidates is void.

6 [(2A) No election to any Corporation shall be called in question except by an election petition presented to the Judge referred to in sub-section (1) and no Judge other than the Judge referred to in sub-section (1) shall entertain any dispute in respect of such election.]

(3) The Judge shall decide the applications made under sub-section

(1) or (2) after holding an inquiry in the manner provided by or under this Act.

Explanations.—For the purposes of this section—

(1) "corrupt practice" means one of the following practices, namely:—

(a) any gift, offer or promise by a candidate or his agent or by any person with the connivance of a candidate or his agent of any gratification, pecuniary or otherwise, to any person whomsoever, with the object, directly or indirectly of inducing a person to stand or not to stand as, or to withdraw from being, a candidate at an election or a voter to vote or refrain from voting at an election or as a reward to a person for having so stood or not stood or for having withdrawn his candidature or a voter for having voted or refrained from voting ;

1

The words " or as the case may be of the expiry of the date referred to in the second proviso "

were deleted, by Mah. 41 of 1994, s. 57(b).

2

The second proviso was deleted by Mah. 41 of 1994, s. 57(c).

3

These words were substituted for the word "Commissioner" by Mah. 41 of 1994, s. 58(a).

4

These words were substituted for the words "State Government" by Mah. 41 of 1994, s. 58(b)(i).

5

These words were inserted, by Mah. 41 of 1994, s. 58 (b) (ii).

6

Clause (2A) were inserted, by Mah. 41 of 1994, s. 58 (c). Election

petitions.

H 610—8

Maharashtra Municipal Corporations Act [1949 : LIX³⁶ Procedure if

election fails

or is set aside.

(b) any direct or indirect interference or attempt to interfere on the part of a candidate or his agent or of any other person with the connivance of the candidate or his agent with the free exercise of any electoral right, including the use of threats of injury of any kind or the creation or attempt to create fear of divine displeasure or spiritual censure, but not including a declaration of public policy or a promise of public action or the mere exercise of a legal right without intent to interfere with a legal right;

(c) the procuring or abetting or attempting to procure by a can- didate or his agent or by any other person with the connivance of a candidate or his agent, the application by a person for a voting paper in the name of any other person whether living or dead or in a fictitious name or by a person for a voting paper in his own name when, by reason of the fact that he has already voted in the same or some other ward, he is not entitled to vote;

(d) the removal of a voting paper from the polling station dur- ing polling hours by any person with the connivance of a candidate or his agent;

(e) the publication by a candidate or his agent or by any other person with the connivance of the candidate or his agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal char- acter or conduct of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election ;

(f) any acts specified in paragraphs (a), (b), (d) and (e) when done by a person who is not a candidate or his agent or a person acting with the connivance of a candidate or his agent;

(g) the application by a person at an election for a voting paper in the name of any other person, whether living or dead, or in a fictitious name, or for a voting paper in his own name when, by reason of the fact that he has already voted in the same or another ward, he is entitled not to vote; or

(h) the receipt of, or agreement to receive, any gratification of the kind described in paragraph (a) as a motive or reward for doing or refraining from doing any of the acts therein specified.

(2) a corrupt practice shall not be deemed to have been committed in the interests of a returned candidate if the Judge is satisfied that it was of a trivial and limited character which did not affect the result of the election, that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, that it was committed without the sanction or connivance or contrary to the orders of the candidate or his agents and that the candidate and his agents took all reasonable means for preventing the commission of cor- rupt practices at the election.

17. Disqualification of voters for corrupt practice. [Deleted by Mah. 34 of 1965, s. 7.]

18. (1) If at any general elections or an election held to fill a casual vacancy, no councillor is elected or an insufficient number of councillors are elected or the election of any or all of the councillors is set aside under this Act and there is no other candidate or candidates who can be deemed to be elected in his or their place, the¹[State Election Commissioner] shall appoint another day for holding a fresh election and a fresh election shall be held accordingly.

These words were substituted for the word " Commissioner " by Mah. 41 of 1994, s. 59.

1

1949 : LIX] Maharashtra Municipal Corporations Act ³⁷

(2) A councillor elected under this section shall be deemed to have been elected to fill a casual vacancy under section 15.

19. ¹[(1) The Corporation shall, subject to the provisions of sub-section (1A), at its first meeting after the general elections, elect from amongst the Councillors one of its number to be the Mayor and another to be the Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years :

Provided that, the term of the Mayors and the Deputy Mayors in office on the date of coming into force of the Maharashtra Municipal Corporations (Amendment) Act, 2000, shall be regulated as under,—

(a) in case of the Corporations which have completed the first year of their term but have not yet completed two years since their first meeting after the general elections, the term of the Mayors and Deputy Mayors of such Corporations shall be two years each ;

(b) in all other cases, the term of the Mayors and Deputy Mayors who are in office on the said date shall be extended to, and be co-terminus with, the term of office of the elected Councillors :

Provided further that, the roster relating to the reservation of the office of the Mayor shall be deemed to have been amended to provide for the extended tenure of the Mayor.].

2 [(1A) There shall be reservation for the office of the Mayor in the Corporation, by rotation, for the Scheduled Castes, the Scheduled Tribes, women and the Backward Class of citizens, in the prescribed manner. 3 [(1B) Every person desirous of contesting election to the office of the Mayor reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of citizens, shall be required to submit alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classess and Special Backward Category (Regulation of Issuence and Verification of ) Caste Certificate Act, 2000.]

4 [ 5 [Provided that, for the election for the office of the Mayor for which the last date of filing of nomination falls during the period commencing on the date of commencement of the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2018 and ending on the 30th June 2019, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination papers but who has not received the validity certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,—

(i) a true copy of the application preferred by him to the Scrutiny Committee for issuance of the validity certificate or any other proof of having made such application to the Scrutiny Committee; and

(ii) an undertaking that he shall submit, within a period of six months from the date of his election, the validity certificate issued by the Scrutiny Committee :]

Provided further that, if the person fails to produce the validity certificate within a period of six months from the date of his election, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being the Mayor.]

Mayor and

Deputy

Mayor.

Mah.

XXV of

2000.

Mah. XXII of

2001.

1

This sub-section was substituted by Mah. 25 of 2000, s. 3.

2

Sub-section (1A) was inserted by Mah. 41 of 1994, s. 60 (b).

3

Sub-section (1B) was inserted by Mah. 7 of 2009, s. 6.

4

These provisos were added by Mah. 13 of 2015, s.5.

5

This proviso was substituted by Mah. 21 of 2018, s.5. Mah.

XXI of

2018.

H 610—8a

Maharashtra Municipal Corporations Act [1949 : LIX³⁸

(2) The Mayor and the Deputy Mayor shall hold office until a new Mayor and a new Deputy Mayor have been elected under sub-section (1) and, in a year in which general elections have been held, shall do so notwithstanding that they have not been returned as councillors on the results of the elections.

(3) A retiring Mayor or Deputy Mayor shall be eligible for re-election to either office.

(4) The Deputy Mayor may resign his office at any time by notice in writing to the Mayor and the Mayor may resign his office at any time by notice in writing to the Corporation.

(5) If any casual vacancy occurs in the office of Mayor or Deputy Mayor, the Corporation shall, as soon as convenient after the occurrence of the vacancy, choose one of its number to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long only as the person in whose place he is appointed would have been entitled to hold it if the vacancy had not occurred.

1 [(6) The Mayor or the Deputy Mayor may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the Corporation as specified by or under this Act, and the Mayor or Deputy Mayor so removed shall not be eligible for re-election or re-appointment as Mayor or as the case may be, Deputy Mayor during the remainder term of his office :

Provided that, no such Mayor or Deputy Mayor shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation :

Provided further that, removal of the Mayor or Deputy Mayor from the office under this sub-section shall not affect his continuance as a Councillor for the remainder term of his office.]

2 [19-IA. (1) An elected Councillor who is for the time being, the Leader of the Party having the greatest numerical strength and recognised as such by the Mayor shall be the Leader of the House.

Explanation.—When there are two parties in ruling having the same numerical strength, the Mayor shall, having regard to the status of the Party, recognise the Leader of any one of such parties to be the Leader of the House.

(2) There shall be paid to the Leader of the House such honoraria and allowances and other facilities as may be provided by regulations made in this behalf by the Corporation.

19-IAA. (1) An elected Councillor who is, for the time being, the Leader of the Party in opposition, having greatest numerical strength and recognised as such by the Mayor, shall be the Leader of the Opposition. Explanation.— Where there are two or more parties in the opposition, having the same numerical strength, the Mayor shall, having regard to the status of the party, recognise the Leader of any one of such parties as a Leader of the Opposition for the purposes of this Act and such recognition shall be final and conclusive.

Leader of

Opposition.

Leader of

House.

1

Sub-section (6) was added by Mah. 32 of 2011, s. 17.

Sections 19-IA and 19-IAA were inserted by Mah. 11 of 2002, s. 36.

2

1949 : LIX] Maharashtra Municipal Corporations Act ³⁹

(2) There shall be paid to the Leader of the Opposition such honoraria and allowances and other facilities as may be provided by regulations made in this behalf by the Corporation.]

1 [Honoraria, fees and allowances.

19A. (1) With the previous sanction of the State Government, the Corporation may pay each councillor such honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section. 2 [(2) The Corporation shall place at the disposal of the Mayor annually, such amount as sumptuary allowance, as the State Government may, from time to time by an order, determine.]

(3) Notwithstanding anything contained in section 10, the receipt by a councillor of any honorarium, fee or allowance as aforesaid shall not disqualify any person for being elected or being a councillor.]

Standing Committee.

20. (1) The Standing Committee shall consist of³[sixteen] councillors.

(2) The Corporation shall at its first meeting after general elections appoint³[sixteen] persons out of its own body to be members of the Standing Committee.

(3) One-half of the members of the Standing Committee shall retire every succeeding year at noon on the first day of the month in which the first meeting of the Corporation mentioned in sub-section (2) was held:

Provided that all the members of the Standing Committee in office when general elections are held shall retire from office on the election of a new Committee under sub-section (2).

(4) The members who shall retire under sub-section (3) one year after their election under sub-section (2) shall be selected by lot at such time previous to the date for retirement specified in sub-section (3) and in such manner as the Chairman of the Standing Committee may determine, and in succeeding years the members who shall retire under this section shall be those who have been longest in office :

Provided that, in the case of a member who has been reappointed, the term of his office for the purposes of this sub-section shall be computed from the date of his reappointment.

(5) The Corporation shall at its meeting held in the month preceding the date of retirement specified in sub-section (3) appoint fresh members of the Standing Committee to fill the offices of those who are due to retire on the said date.

(6) Any Councillor who ceases to be a member of the Standing Committee shall be eligible for reappointment.

1

This heading and section 19A were inserted by Bom. 80 of 1958, s. 2.

2

Sub-section (2) was substituted by Mah. 12 of 1993, s. 12.

3

This word was substituted for the word " twelve " by Mah. 21 of 1992, s. 15. Constitution

of Standing

Committee.

Honoraria,

fees or

allowances.

Maharashtra Municipal Corporations Act [1949 : LIX⁴⁰

21. (1) The Standing Committee shall at its first meeting after its appointment under sub-section (2) of section 20 and at its first meeting in the same month in each succeeding year appoint one of its own number to be the Chairman.

(2) The Chairman shall hold office until his successor has been appointed under sub-section (1) but shall be eligible for reappointment.

(3) Notwithstanding the provisions of sub-sections (1) and (2), the Chairman shall vacate office as soon as he ceases to be a member of the Committee.

(4) If any casual vacancy occurs in the office of the Chairman, the Standing Committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint one of its number to fill such vacancy and every Chairman so appointed shall continue in office so long only as the person in whose place he is appointed would have held it if such vacancy had not occurred.

1 [(5) If for any reason the Standing Committee does not appoint the Chairman under sub-section (1) or (4), within a period of thirty days from the date of its appointment under sub-section (2) of section 20, or from the date following the date of retirement of one-half of the members specified in sub- section (3) of that section, or from the date on which a casual vacancy occurs in the office of Chairman, as the case may be, the appointment of the Chairman, after the expiry of the said period, shall be made by the Corporation, from amongst the members of the Standing Committee, at a special meeting called and held for the purpose within fifteen days from the expiry of the said period of thirty days. At such meeting, the question shall be decided by a majority of votes of the Councillors present and voting and if there be an equality of votes, the presiding authority shall have and exercise a second or casting vote. Every Chairman so appointed, shall continue in office so long only as the Chairman appointed by the Standing Committee would have continued in office.]

22. Any member of the Standing Committee who absents himself during two successive months from the meetings of the Committee, except on account of temporary illness or other cause to be approved by the Committee, or absents himself from, or is unable to attend, the meetings of the Committee during four successive months from any cause whatever, whether approved by the Committee or not, shall cease to be a member of the Standing Committee and his seat shall thereupon be vacant.

23. In the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death or resignation of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 22 or on his ceasing to be a councillor, the vacancy shall be filled up, as soon as it conveniently may be, by the appointment of a person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred.

1

Sub-section (5) was inserted by Mah. 32 of 1968, s. 2. Member of

Standing

Committee

absenting

himself

from

meetings to

vacate seat.

Casual

vacancies in

Standing

Committee

how to be

filled.

Appointment

of Chairman

of Standing

Committee.

1949 : LIX] Maharashtra Municipal Corporations Act ⁴¹

24. (1) The Standing Committee may, from time to time, by a resolution carried by the vote of at least two-thirds of its members present at the meeting, delegate to any Special Committee appointed under section 30 any of its powers and duties in respect of any matter with which such Special Committee is competent to deal, or refer to any such Committee any such matter for disposal or report, and every such Special Committee shall conform to any instructions that may from time to time be given to it by the Standing Committee in this behalf:

Provided that every such resolution shall be reported by the Standing Committee to the Corporation as soon as possible, and the Corporation may at any time cancel such resolution.

(2) The Standing Committee may, subject to the rules, by a specific resolution in this behalf delegate any of its powers and duties to sub- committees consisting of such members of the Standing Committee not less in number than three as the Standing Committee thinks fit and every such sub-committee shall conform to any instructions that may from time to time be given to it by the Standing Committee.

The Transport Committee.

25. (1) In the event of the Corporation acquiring or establishing a Transport Undertaking there shall be a Transport Committee consisting of 1 [thirteen] members for the purpose of conducting the said undertaking in accordance with the provisions of this Act and subject to the conditions and limitations as are contained therein.

(2) The Corporation shall at its first meeting after a Transport Undertaking is acquired or established appoint²[twelve] members of the Transport Committee from among persons who in the opinion of the Corporation have had experience of, and shown capacity in, administration or transport or in engineering, industrial, commercial, finacial or labour matters and who may or may not be councillors.

(3) A person shall be disqualified for being appointed, and for being, a member of the Transport Committee if, under the provisions of this Act or any other law for the time being in force, he would be disqualified for being elected as, and for being, a councillor.

(4) The Chairman of the Standing Committee shall be a member of the Transport Committee ex-officio.

(5) One-half of the members of the Transport Committee appointed by the Corporation shall retire in every second year on the first day of the month in which the meeting referred to in sub-section (2) was held :

3 [Provided that, in the case of a Councillor appointed a member of the Transport Committee, if at any time before the date of his retirement he ceases to be a Councillor, he shall cease to be such member, and his office shall thereupon become vacant. The vacancy shall be filled, in accordance with the provisions of sub-section (9), as if it had occurred under section 26.]

1

This word was substituted for the word "nine" by Mah. 21 of 1992, s. 16(a).

2

This word was substituted for the word "eight" by Mah. 21 of 1992, s. 16(6).

3

This proviso was added by Mah. 13 of 1971, s. 7. Standing

Committee

may delegate

powers to

Special

Committee or

Sub-

Committee.

Appointment

of Transport

Committee.

Maharashtra Municipal Corporations Act [1949 : LIX⁴²

(6) The members who shall retire two years after their appointment under sub-section (2) shall be selected by lot at such time previous to the first day of the month immediately preceding the date of their retirement and in such manner as the Chairman of the Transport Committee shall determine; thereafter the members of the Transport Committee who shall retire shall be the members who were longest in office :

Provided that in the case of a member who has been reappointed, the term of his office for the purpose of this sub-section shall be computed from the date of his reappointment.

(7) Vacancies caused by the retirement of members under sub- section (5) shall be filled by the appointment by the Corporation of duly qualified persons thereto at its ordinary meeting in the month immediately preceding the occurrence of the vacancies :

Provided that in a year in which general elections of councillors are held, such vacancies shall be filled by the Corporation at its first meeting after such elections if such meeting is due to be held within three months of the occurrence of the vacancies and, in such event, the members who would under sub-section (5) have retired on the date specified therein shall continue to be in office until new members have been appointed under this sub-section.

(8) A retiring member shall be eligible for re-appointment.

(9) In the event of non-acceptance of office by any person appointed to be a member of the Transport Committee or of the death, resignation or disqualification of a member of the Committee or of his becoming incapable of acting, or of his office becoming vacant under the provisions of section 26, the vacancy shall be filled up, as soon as conveniently may be, by the appointment by the Corporation of a duly qualified person thereto, and such person shall hold office so long only as the person in whose place he is appointed would have held it if the vacancy had not occurred.

26. (1) Any person who, having been appointed a member of the Transport Committee,—

(a) becomes disqualified for being a member of the Committee un- der the provisions of sub-section (3) of section 25, or

(b) acts as a member of the Committee by voting or taking part in the discussion of or asking any question concerning any matter in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person, or

(c) absents himself during two successive months from the meet- ings of the Committee except from temporary illness or other cause to be approved by the Committee, or

(d) absents himself from or is unable to attend the meetings of the Committee during four successive months from any cause whatsoever, whether approved by the Committee or not,

shall cease to be a member of the Committee and his office shall thereupon become vacant.

(2) If any doubt or dispute arises whether a vacancy has occurred under sub-section (1), the Commissioner shall, at the request of the Corporation, refer the question to the Judge.

Disqualification

of members of

Transport

Committee.

65

1949 : LIX] Maharashtra Municipal Corporations Act ⁴³

27. (1) The Transport Committee shall at its first meeting after its appointment under sub-section (2) of section 25 and at its first meeting in the same month in each succeeding year appoint¹[one of its members] to be the Chairman.

(2) The Chairman shall hold office until his successor has been appointed under sub-section (1) but shall be eligible for reappointment.

(3) Notwithstanding the provisions of sub-sections (1) and (2), the Chairman shall vacate office as soon as he ceases to be a member of the Committee.

(4) In the event of the office of Chairman falling vacant previous to the expiry of his term the Committee shall, as soon as conveniently may be after the occurrence of the vacancy, appoint²[one of its members] to fill such vacancy and the Chairman so appointed shall hold office so long only as the person in whose place he is appointed would have held it if such vacancy had not occurred.

28. The Chairman and members of the Transport Committee shall be paid such conveyance charges for attending meeeting of the Committee as may be prescribed by rules.

29. (1) The Transport Committee may from time to time appoint out of its own body sub-committees consisting of such number of persons as the Committee thinks fit.

(2) The Committee may by specific resolution carried by the vote of at least two-thirds of its number present at the meeting delegate any of its powers and duties to a sub-committee and may also by a like resolution define the sphere of business of such sub-committee.

(3) The Committee may refer to a sub-committee appointed under sub- section (1) for inquiry and report or for opinion any matter with which the Committee is competent to deal.

3 [Wards Committees.

29A. (1) In every City, there shall be constituted Wards Committees comprising such contiguous electoral wards as may be decided by the Corporation, in accordance with following table :—

T^ABLE

Population Minimum Additional Maximum Number Wards Number

of Wards Committees of Wards Committees for Committees

Additional

Population

Above 3 lakhs and upto 4.5 lakhs 3 … 4 Above 4.5 lakhs and upto 12 lakhs 4 1,50,000 9 Above 12 lakhs and upto 24 lakhs 9 3,00,000 13 Above 24 lakhs 13 6,00,000 25

1

These words were substituted for the words "one of its number" by Mah. 41 of 1994, s. 61(a).

2

These words were substituted for the words " one of its number " by Mah. 41 of 1994, s. 61 (b).

3

The sub-heading and section 29A was inserted, by Mah. 41 of 1994, s. 62. Chairman of

Transport

Committee.

Conveyance

charges for

attendance

at meetings

of

Transport

Committee.

Sub-

committees

of Transport

Committee.

Constitution

of Wards

Committees.

H 610—9

Maharashtra Municipal Corporations Act [1949 : LIX⁴⁴

(2) Each Wards Committee shall consist of—

(a) the councillors representing the electoral wards within the territorial area of the Wards Committee ;

(b) the officer incharge of the territorial area of the Wards Committee ;

(c) such number of other members not exceeding three, nominated by the Councillors referred to in clause (a) from amongst the members of recognised Non-Government Organisations and Community based organisations engaged in social welfare activities working within the area of the Wards Committee :

Provided that, such persons are registered as electors in the wards within the jurisdiction of the Wards Committee :

Provided further that, the norms for recognition of the Non-Government Organisations, the requisite qualification for nomination as members and the manner in which they are to be nominated shall be such as the State Government may prescribe.

(3) The duration of the Wards Committees shall be co-terminus with the duration of the Corporation.

(4) The elected Councillors referred to in clause (a) of sub-section (2) shall at the first meeting of the Wards Committee in each official year, elect from amongst themselves the Chairperson who shall hold office until the first meeting in the next following official year.

(5) The Chairperson of the Wards Committee shall be deemed to have vacated the office as soon as he ceases to be a Councillor.

(6) In the event of the office of the Chairperson falling vacant before the expiry of its term, the Wards Committee shall elect a new Chairperson:

Provided that the Chairperson so elected shall hold office so long only as the Chairperson in whose place he is elected would have held the office if such vacancy had not occurred.

(7) The functions of the Wards Committee shall subject to the general supervision and control of the Corporation, be—

(a) the speedy redressal of common grievances of citizens, connected with local and essential municipal services like water-supply, drainage, sanitation and storm water disposal;

(b) to consider and make recommendations on the proposals regarding estimates of expenditure pertaining to the wards under different heads of account of the budget before being forwarded to the Commissioner;

(c) to grant administrative approval and financial sanction to the plans for municipal works to be carried out within the territorial area of the Wards Committee costing upto rupees five lakhs, provided that specific provision exists therefor in the budget sanctioned by the Corporation.

67

1949 : LIX] Maharashtra Municipal Corporations Act ⁴⁵

(8) Notwithstanding anything contained in sub-section (7), the Corporation may, by resolution, delegate to a Wards Committee such other functions as it may deem fit and expedient.

(9) The Wards Committee shall meet at least once in every month at its Ward Office.]

Special and Ad hoc Committees.

30. (1) The Corporation may from time to time appoint out of its own body, Special Committees¹[including the Women and Child Welfare Committee] which shall conform to any instructions that the Corporation may from time to time give them.

2 [(1A) On the Women and Child Welfare Committee not less than seventy-five per cent. of the members shall be from amongst women Councillors.

Explanation.—For the purpose of computing the number of members at seventy-five per cent. fraction, if any, shall be rounded off to one.]

(2) The Corporation may by a specific resolution passed by the vote of not less than two-thirds of the Councillors present and voting at a meeting of the Corporation define the sphere of business of each Special Committee and direct that all matters and questions included in any such sphere shall in the first instance be placed before the appropriate Committee and shall be submitted to the Corporation with such Committee's recommendation ; and the Corporation may also by a like resolution delegate of its powers and duties to specified Special Committees.

(3) Every Special Committee shall appoint two of its number to be its Chairman and Deputy Chairman :

Provided that no Councillor shall, at the same time, be the Chairman of more than one Special Committee :

3 [Provided further that, the Chairperson and the Deputy Chairperson on the Women and Child Welfare Committee shall be from amongst the women Councillor members thereof.]

(4) The Chairman and in his absence the Deputy Chairman and, in the absence of both, such other member as may be chosen by the members of the Special Committee present at a meeting thereof shall preside at the meeting.

(5) Any member of a Special Committee who absents himself during two successive months from the meeting of such Committee, except on account of temporary illness or other cause to be approved by such Committee, or absents himself from or is unable to attend the meetings of such Committee during four successive months from any cause whatever, whether approved by such Committee or not, shall cease to be a member of such Committee and his seat shall thereupon be vacant.

1

These words were inserted by Mah. 21 of 1992, s. 17(a).

2

Sub-section (1A) was inserted by Mah. 21 of 1992, s. 17(b).

3

This proviso was inserted by Mah. 21 of 1992, s. 17(c). Special

Committees

of the

Corporation.

H 610—9a

Maharashtra Municipal Corporations Act [1949 : LIX⁴⁶

(6) All the proceedings of every Special Committee shall be subject to confirmation by the Corporation :

Provided that if, in delegating any of its powers or duties to a Special Committee under sub-section (2), the Corporation directs that decision of such Committee shall be final, then so much of the proceedings of such Committee as relates to such powers or duties shall not be subject to confirmation by the Corporation, if such decision is supported by at least half the total number of members of such Committee :

Provided further that any Special Committee may by a resolution supported by at least half the whole number of members direct that action be taken in accordance with the decision of such Committee without waiting for confirmation of its proceedings by the Corporation, where such confirmation is required, if such Committee considers that serious inconvenience would result from delay in taking such action ; but if the Corporation does not subsequently confirm the proceedings of such Committee such steps as may still be practicable shall be taken without delay to carry out the orders of the Corporation.

(7) The Corporation may at any time dissolve or alter the constitution of a Special Committee.

(8) The constitution of Special Committees and the conduct of business at meetings of such Committees, the keeping of minutes and the submission of reports and other matters before such Committees shall be regulated by rules.

31. (1) The Corporation may from time to time appoint out of its own body such ad hoc Committees consisting of such number of councillors as it shall think fit, and may refer to such Committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as it shall think fit, and direct that the report of any such Committee shall be submitted through the Standing Committee or a Special Committee constituted under section 30.

(2) An ad hoc Committee appointed under sub-section (1) may, with the previous sanction of the Corporation, co-opt not more than two persons who are not councillors but who in the opinion of the Committee possess special qualifications for serving thereon :

1 [Provided that such persons shall not be eligible to be elected as the Chairperson of such Committee and shall not have the right to vote at any meeting of the Committee.]

2 [31A. (1) Notwithstanding anything contained in this Act or the rules or bye-laws made thereunder, in the case of the following Committees, except where it is provided by this Act, that the appointment of a Councillor to any Committee shall be by virtue of his holding any office, appointment of Councillors to these Committees, whether in regular or casual vacancies, Appointment

of Ad hoc

Committees.

1

This proviso was added by Mah. 41 of 1994, s. 63.

2

Section 31A was inserted by Mah. 11 of 2007, s. 6. Appointment

by nomination

on

Committees

to be by

proportional

representation.

1949 : LIX] Maharashtra Municipal Corporations Act ⁴⁷ shall be made by the Corporation by nominating Councillors in accordance with the provisions of sub-section (2) :—

(a) Standing Committee ;

(b) Transport Committee ;

(c) Any special Committee appointed under section 30 ;

(d) Any ad hoc Committee appointed under section 31.

(2) In nominating the Councillors on the Committee, the Corporation shall take into account the relative strength of the recognised parties or registered parties or groups and nominate members, as nearly as may be, in proportion to the strength of such parties or groups in the Corporation, after consulting the Leader of the House, the Leader of Opposition and the leader of each such party or group :

1 [Provided that, the relative strength of the recognized parties or registered parties or groups or aghadi or front shall be calculated by first dividing the total number of Councillors by the total strength of members of the Committee. The number of Councillors of the recog- nized parties or registered parties or groups or aghadi or front shall be further divided by the quotient of this division. The figures so arrived at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allot- ted to the recognized parties or registered parties or groups or aghadi or front by first considering the whole number of their respective rela- tive strength so ascertained. After allotting the seats in this manner, if one or more seats remain to be allotted, the same shall be allotted one each to the recognized parties or registered parties or groups or aghadi or front in the descending order of the fraction number in the respective relative strength, starting from the highest fraction number in the rela- tive strength, till all the seats are allotted :]

Provided further that, for the purpose of deciding the relative strength of the recognised parties or registered parties or groups under this Act, the recognised parties or registered parties or groups, or elected Councillors not belonging to any such party or group may, notwithstanding anything contained in the Maharashtra Local authority Members' Disqualification Act, 1986, within a period of one month from the date of notification of election results, form the aghadi or front and, on its registration, the provisions of the said Act shall apply to the members of such aghadi or front, as if it is a registered pre-poll aghadi or front.

(3) If any question arises as regards the number of Councillors to be nominated on behalf of such party or group, the decision of the Corporation shall be final.]

Joint Committees.

32. (1) The Corporation may from time to time join with a local authority or with a combination of local authorities,—

(a) in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee ;

1

This proviso was substituted by Mah. 17 of 2012, s. 11. Joint

transactions

with other

local

authorities.

Mah. XX

of 1987.

Maharashtra Municipal Corporations Act [1949 : LIX⁴⁸

(b) in delegating to any such committee power to frame terms bind- ing on each such body as to the construction and future maintenance of any joint work, and any power which might be exercised by any of such bodies ; and

(c) in framing and modifying rules for regulating the proceedings of any such committee in respect of the purpose for which the commit- tee is appointed.

(2) Where the Corporation has requested the concurrence of any other local authority under the provisions of sub-section (1) in respect of any matter and such other local authority has refused to concur, the¹[State] Government may pass such orders as it deems fit requiring the concurrence of such other local authority, not being a cantonment authority, in the matter aforesaid and such other local authority shall comply with such orders.

(3) If any difference of opinion arises between the Corporation and any other local authority which has joined the Corporation under this section, the matter shall be referred to the¹[State] Government whose decision thereupon shall be final and binding :

Provided that, if the local authority concerned is a cantonment authority, any such decision shall not be binding unless it is confirmed by the Central Government.

(4) The Corporation may from time to time²[in the case of any cantonment authority with the sanction of the State Government and the Officer Commanding-in-Chief, the Command and in other cases] with the sanction of the¹[State] Government enter into an agreement with a local authority or with a combination of local authorities for the levy of³** tolls 4 [or a tax on vehicles, boats or animals] by the Corporation on behalf of the bodies so agreeing and, in that event, the provisions of this Act shall apply in respect of such levy as if the area of the City were extended so as to include the area or areas subject to the control of such local authority or such combination of local authorities.

5 [(5) When any agreement such as is referred to in sub-sction (4) has been entered into, then the total of the collection of such⁶**, toll or tax made in the City and in the area or areas ordinarily subject to the control of such other local authority or authorities and the costs thereby incurred shall be divided between the Municipal Fund and the fund or funds subjects to the control of such other local authority or authorities, as the case may be, in such proportion as may have been determined by the agreement.]

1

This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.

2

These words were inserted by Bom. 5 of 1958, s. 2(1) (a).

3

The words " octroi or " were deleted by Mah. 42 of 2017, s. 33(1).

4

These words were inserted by Bom. 5 of 1958, s. 2(1) (b).

5

This sub-section was added by Bom. 5 of 1958, s. 2(2).

The word " octroi " was deleted by Mah. 42 of 2017, s. 33(2).

6

1949 : LIX] Maharashtra Municipal Corporations Act ⁴⁹ Provisions regarding validity of proceedings.

33. No act or proceedings of the Corporation or of any committee or sub-committee appointed under this Act shall be questioned on account of any vacancy in its body.

34. No disqualification of, or defect in, the election or appointment of any person acting as a Councillor, as the Mayor or the Deputy Mayor or the presiding authority of the Corporation or as the Chairman or a member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate any act or proceeding of the Corporation or of any such Committee or sub-committee, as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled to act.

35. Until the contrary is proved, every meeting of the Corporation or of a Committee or sub-committee in respect of the proceedings whereof a minute has been made and signed in accordance with this Act or the rules shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified ; and where the proceedings are proceedings of a Committee or sub-committee, such Committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute. 1 [ 35A. If, any committee or special committee under this Act is not constituted at any point of time, or for any reason not in a position to exercise its powers or discharge its duties under this Act, its powers shall be exercised and its duties shall be discharged by the Corporation until such committee is constituted or in a position to exercise its powers or discharge its duties.

35B. The Chairman or the Deputy Chairman, if any, of any committee constituted under this Act may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the Corporation as specified by or under this Act, and the Chairman or Deputy Chairman so removed shall not be eligible for re-election or re-appointment as Chairman or, as the case may be, Deputy Chairman of such committee during the reminder term of his office :

Provided that, no such Chairman or Deputy Chairman shall be removed from office, unless he has given a reasonable opportunity to furnish an explanation :

Provided further that, removal of the Chairman or Deputy Chairman from the office under the provisions of this section shall not affect his continuance as a Councillor for the reminder term of his office. ]

1

Sections 35A and 35B were inserted by Mah. 32 of 2011, s. 18. Vacancy in

Corporation,

etc., not to

invalidate its

proceedings.

Proceedings of

Corporation,

etc., not

vitiated by

disqualification,

etc., of

members

thereof.

Proceedings of

meetings to

be good and

valid until

contrary is

proved.

Exercise of

powers and

discharge of

duties of any

committee by

Corporation.

Removal of

Chairman

and Deputy

Chairman of

Committees.

Maharashtra Municipal Corporations Act [1949 : LIX⁵⁰ The Municipal Commissioner.

36. (1) The Commissioner shall from time to time be appointed by the

1 [State] Government.

(2) The Commissioner shall in the first instance hold office for such period not exceeding three years as the¹[State] Government may fix and his appointment may be renewed from time to time for a period not exceeding three years at a time.

(3) Notwithstanding the provisions of sub-section (2) the Commissioner may at any time, if he holds a lien on the service of the²[Government], be recalled to such service³* * * * and may further at any time be removed from office by the¹[State] Government for incapacity, misconduct or neglect of duty and shall forthwith be so removed if at a meeting of the Corporation not less than five-eights of the whole number of councillors vote in favour of a resolution requiring his removal.

37. (1) The Commissioner shall receive from the Municipal Fund such monthly salary and allowances as the¹[State] Government may from time to time after consultation with the Corporation determine :

Provided that the salary of the Commissioner shall not be altered to his disadvantage during the period for which his appointment has been made or renewed.

(2) The Commissioner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other law for the time being in force and shall not engage in any other profession, trade or business whatsoever :

Provided that he may with the sanction of the Corporation serve on any committee constituted for the purpose of any local inquiry or for the furtherance of any object of local importance or interest.

(3) When a salaried servant of the²[Government] is appointed as the Commissioner such contribution to his pension, leave and other allowances as may be required by the conditions of his service under the²[Government] to be made by him or on his behalf shall be paid to the¹[State] Government from the Municipal Fund.

38. (1) The¹[State] Government may from time to time with the assent of the Standing Committee grant leave of absence to the Commissioner for such period as it thinks fit.

1

This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.

2

This word was substituted for the word " Crown ", by the Adaptation of Laws Order, 1950.

3

The words " after consultation with the Corporation " were deleted by Mah. 12 of 1993, s. 13. Appointment

of the

Commissioner.

Salary of

Commissioner.

Grant of leave

of absence to

Commissioner

and leave

allowance.

1949 : LIX] Maharashtra Municipal Corporations Act ⁵¹

(2) The allowances to be paid to the Commissioner while absent on leave shall be of such amount, not exceeding his salary, as shall be fixed by the

1 [State] Government and shall, unless the Commissioner is a salaried servant of the²[Government], be paid from the Municipal Fund :

Provided that, if the Commissioner is a salaried servant of the 2 [Government], the amount of such allowance shall be regulated by the rules for the time being in force relating to the leave allowances of salaried servants of the²[Government] of his class.

39. During the absence on leave or other temporary vacancy in the office of the Commissioner, the¹[State] Government may appoint a person to act as the Commissioner and every person so appointed shall exercise the powers and perform the duties conferred and imposed by this Act or any other law for the time being in force on the Commissioner and shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is liable and shall receive such monthly salary not exceeding the salary for the time being payable to the Commissioner as the¹[State] Government shall determine.

3 [39A. (1) The State Government may create one or more posts of Additional Municipal Commissioners in the Corporation and appoint suitable persons on such posts, who shall, subject to the control of the Commissioner, exercise all or any of the powers and perform all or any of the duties and functions of the Commissioner.

(2) Every person so appointed as the Additional Municipal Commissioner shall be subject to the same liabilities, restrictions and terms and conditions of service, to which the Commissioner is subjected to as per the provisions of this Act.]

Transport Manager

40. (1) In the event of the Corporation acquiring or establishing a Transport Undertaking the Corporation shall, subject to the approval of the

1 [State] Government, appoint a fit person to be the Transport Manager of the Transport Undertaking.

(2) The Transport Manager shall receive such monthly salary and allowances as the Corporation shall from time to time, with the approval of the¹[State] Government determine:

Provided that the salary of the Transoprt Manager shall not be altered to his disadvantage during his period of office.

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2.

This word was substituted for the word "Crown", by the Adaptation of Laws Order, 1950.

3

Section 39A was inserted by Mah. 32 of 2011, s.19. Appointment

and

remuneration

of acting

Commissioner.

Appointment

of Transport

Manager.

Appointment

of Additional

Municipal

Commissi-

oners.

H 610—10

Maharashtra Municipal Corporations Act [1949 : LIX⁵²

1

The words "in any employment with, by or on behalf of the Corporation other than a Commissioner" were deleted by Mah. 42 of 1977, s. 6(a).

2

The words "or employment" were deleted by Mah. 42 of 1977, s. 6(b).

3

The words "or employment" were deleted by Mah. 42 of 1977, s. 6(c).

4

These words were substituted for the words "Contract etc." by Mah. 42 of 1977, s. 6(d). Commissioner

not to be

interested in

any¹[contract]

with

Corporation.

41. (1) Leave of absence may be granted from time to time to the Transport Manager by the Transport Committee with the assent of the Corporation.

(2) The allowance to be paid to the Transport Manager whilst so absent on leave shall be of such amount, not exceeding the amount of his salary, as shall be fixed by the Corporation.

(3) During the absence on leave or other temporary vacancy in the office of the Transport Manager the Transport Committee, with the assent of the Corporation, may appoint a person to act as Transport Manager; every person so appointed shall exercise the powers and perform the duties conferred and imposed on the Transport Manager and shall be subject to the same liabilities, restrictions and conditions to which the Transport Manager is liable and shall receive such monthly salary, not exceeding the salary for the time being payable to the Transport Manager, as the Corporation shall determine.

Disqualifications of the Commissioner

42. (1) No person shall be qualified to be appointed or to be the Commissioner if he has, directly or indirectly, by himself or his partner, any share or interest in any contrat with, by or on behalf of the Corporation ²* * *.

(2) Any Commissioner who shall acquire, directly or indirectly by himself or his partner, any share or interest in any such contract³* * as aforesaid shall cease to be Commissioner and his office shall become vacant.

(3) Nothing in this section shall apply to any such share or interest in any contract⁴* * with, by or on behalf of the Corporation as, under sub- clause (ii) or (iv) of clause (b) of sub-section (2) of section 10 it is permissible for a councillor to have without his being thereby disqualified for being a councillor.

Leave of

Transport

Manager.

1949 : LIX] Maharashtra Municipal Corporations Act ⁵³

1

These words were inserted by Mah. 41 of 1994, s. 64 (a).

2

This proviso was added by Mah. 41 of 1994, s. 64(b).

3

Sub-section (2) was substituted by Mah. 32 of 2011, s.20.

CHAPTER III.

PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE, TRANSPORT COMMITTEE AND

OTHER BODIES.

43. (1) The meetings of the Corporartion, the Standing Committee,¹[the Wards Committees], the sub-committees of the Standing Committee, the Transport Committee, the sub-committees of the Transport Committee, Special Committees and ad-hoc Committees shall be held and the business before them shall be disposed of in the manner prescribed by rules :

2 [Provided that the Councillors nominated under clause (b) of sub-section

(2) of section 5 shall, notwithstanding anything contained in this Act including the Schedule, not have the right to vote at any meeting of the Corporation.] 3 [(2) The Commissioner or an officer not below the rank of the Deputy Commissioner present on behalf of the Commisioner shall have the right to speak at, and otherwise take part in, any meeting of the Corporation or any Committee thereof and express his views in the meeting with the permission of the Mayor or the presiding authority of the Committee, but he shall not be entitled to vote or to make any proposition.]

(3) The Corporation may require any of its officers to attend any meeting or meetings of the Corporation at which any matter dealt with by such officer in the course of his duties is being discussed; when any officer is thus required to attend any such meeting, he may be called upon to make a statement or explanation of facts or supply such information in his possession relating to any matter dealt with by him as the Corporation may require.

(4) The Commissioner shall have the same right of being present at a meeting of the Standing Committee or of a sub-committee and of taking part in the discussions thereat as a member of the said committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting.

(5) The Commissioner and in his absence the Deputy or Assistant Commissioner authorised by the Commissioner in this behalf and the Transport Manager and in his absence any officer authorised by the Transport Manager in this behalf shall have the same right of being present at a meeting of the Transport Committee or of a sub-committee and of taking part in the discussion thereat as a member of the said committee, but shall not be at liberty to vote upon or make any proposition at such meeting.

44. A councillor may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the municipal government of the City.

Proceedings

of the

Corporation,

Standing

Committee,

etc.

Right to ask

questions.

H 610—10a

Maharashtra Municipal Corporations Act [1949 : LIX⁵⁴

CHAPTER IV.

M UNICIPAL OFFICERS AND SERVANTS—THEIR APPOINTMENT AND

CONDITIONS OF SERVICE.

City Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner.

45. (1) The Corporation shall from time to time appoint fit persons to be City Engineer, Medical Officer of Health¹* * and Municipal Secretary.

(2) The Corporation may from time to time with the approval of the

2 [State] Government create an appointment of Deputy Municipal Commissioner or an appointment of Assistant Municipal Commissioner or so many such appointments as it considers necessary, and may appoint a fit person or fit persons to such appointments.

(3) An offcer appointed under this section shall have such qualifications as may be prescribed under the rules and shall receive such monthly salary and allowances as the Corporation may with the approval of the²[State] Government from time to time fix:

Provided that the salary of no officer shall be altered to his disadvantage during his period of office.

(4) Every appointment made under this section excepting an appointment of Municipal Secretary shall be subject to confirmation by the

2 [State] Government and any officer whose appointment the 2 [State] Government refuses to confirm shall be removed from office forthwith.

(5) On the occurrence of vacancy in any office specified in this section an appointment shall be made thereto by the Corporation within four months from the date on which the vacancy occurred or, in the event of the removal of an officer under sub-section (4), within thirty days of the receipt by the Corporation of the order of the²[State] Government.

(6) In default of an appointment being made by the Corporation under sub-section (5), the²[State] Govenment may appoint a fit person to fill the vacancy and such appointment shall for all purposes be deemed to have been made by the Corporation.

(7) Pending the settlement of an appointment under sub-section (1) or sub-section (5), the Corporation may appoint a person to fill the vacancy temporarily and may direct that the person so appointed shall receive such monthly salary and allowances not exceeding the maximum fixed under sub- section (3) for the time being as it thinks fit:

Provided that no such appointment shall extend beyond or be made after a lapse of six months from the date on which the vacancy occurs. Appointment

of City

Engineer, etc.

1

The words " , Municipal Chief Auditor" were deleted by Mah. 12 of 2011, s.4.

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2

1949 : LIX] Maharashtra Municipal Corporations Act ⁵⁵ 1 [45A. On and from the 10th March 2011, being the date of commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 2011, the State Govenment, shall appoint, on deputation, a suitable officer, not below the rank of the Deputy Director from the Maharashtra Finance and Accounts Services to be the Municipal Chief Auditor on such terms and conditions, as may be prescribed:

Provided that, nothing in this section shall affect the appointment and terms and conditions of service of the Municipal Chief Auditor holding office as such on the 10th March 2011 being the date of commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 2011.]. 2 [45B. (1) Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, it shall be lawful for the State Government to notify in the Official Gazette, any post or any class of posts under any Corporation, for being filled in, by deputation of a suitable officer from the cadre of the State Government, specified by the State Government, for this purpose :

Provided that, every such notification shall be laid before each House of the State Legislature, after it is issued.

(2) Every notification issued under sub-section (1) specifying the posts or class of posts, shall contain the description of the cadre of officers (hereinafter referred to as "the feeder cadre"), of the State Government, from amongst whom the posts notified under sub-section (1) are to be filled.

(3) On issuing the notification under sub-section (1), the numercial strength of the feeder cadre shall stand increased by an equivalent number of posts which shall be created in such feeder cadre.

(4) The number of posts created and added to the feeder cadre under sub-section (3) shall, as far as possible, be filled in by selection, of one or more suitable officers of the concerned Corporation, in such manner as may be prescribed by the State Government by rules :

Provided that, nothing in this section shall affect the appointment and terms and conditions of service of an incumbent holdings such notified post in the Corporation, on the date of issuing the notification under sub-section

(1)].

46. The City Engineer and the Medical Officer of Health shall perform such duties as they are directed by or under this Act to perform and such other duties as may be required of them by the Commissioner. Appointment

of Municipal

Chief

Auditor.

Power of

State

Government

to notify post

to be filled in

by deputation.

Powers and

duties of City

Engineer and

Medical

Officer of

Health.

Mah.

XII of

2011.

Mah. XII of

2011.

1

Section 45A was inserted by Mah. 12 of 2011, s. 5.

Section 45B was inserted by Mah. 40 of 2011, s. 3.

2

Maharashtra Municipal Corporations Act [1949 : LIX⁵⁶

47. (1) The Municipal Chief Auditor shall—

(a) perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the Municipal Fund¹[,the Water and Sewage Fund and the Consolidated Water supply and Sewage Disposal Loan Fund] as shall be required of him by the Corporation or by the Standing Committee and with regard to the audit of the accounts of the Transport Fund as shall be required of him by the Transport Committee;

(b) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties of the auditors and assistant auditors, clerks and servants immediately subordinate to him; and

(c) subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and, subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants.

(2) The Municipal Chief Auditor shall not be eligible for further office under the Corporation after he has ceased to hold his office.

48. The Municipal Secretary shall be the Secretary of the Corporation and also of the Standing Committee and shall—

(a) perform such duties as he is directed by or under this Act to perform and such other duties in and with regard to the Corporation and the Standing Committee as shall be required of him by those bodies respectively;

(b) have the custody of all papers and documents connected with the proceedings of—

(i) the Corporation and any Committee appointed by the Corporation under section 30 or 31,

(ii) the Standing Committee and any sub-committee thereof;

(c) prescribe, subject to such directions as the Standing Committee may from time to time give, the duties of the officers and servants immediately subordinate to him ; and

(d) subject to the orders of the Standing Committee exercise supervision and control over the acts and proceedigs of the said officers and servants and, subject to the regulations, dispose of all questions relating to the service, remuneration and privileges of the said officers and servants.

49. (1) A Deputy Municipal Commissioner or Assistant Municipal Commissioner shall, subject to the orders of the Commissioner, exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him:

1

These words were inserted by Mah. 28 of 1990, s. 4. Powers and

duties of

Municipal

Chief Auditor.

Powers and

duties of

Municipal

Secretary.

Powers and

duties of

Deputy or

Assistant

Municipal

Commissioner.

1949 : LIX] Maharashtra Municipal Corporations Act ⁵⁷ Provided that the Commissioner shall inform the Corporation of the powers and duties which he from time to time deputes to a Deputy Municipal Commissioner or Assistant Municipal Commissioner.

(2) All acts and things peformed and done by a Deputy Municipal Commissioner or Assistant Municipal Commissioner during his tenure of office and by virtue thereof shall for all purposes be deemed to have been performed and done by the Commissioner.

50. (1) The Transport Manager and all officers appointed under section 45 shall, subject to the provisions of sub-section (2), devote their whole time and attention to the duties of their respective offices and shall not engage in any other profession, trade or business whatsoever.

(2) The Corporation may, subject to the regulations, permit the Transport Manager or any other officer referred to in sub-section (1) to perform while on duty or during leave a specified sevice or series of services for a private person or body or for a public body, including a local authority or for the Government and to receive remuneration therefor.

(3) The Transport Manager or any other officer referred to in sub-section

(1) shall be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of his office on the votes of not less than one half of the whole number of councillors.

(4) In all matters not otherwise provided for in this Act, the conditions of service of the Transport Manager and other officers specified in sub-section

(1) shall be regulated by the regulations. Other Officers and Servants.

51. (1) Subject to the provisions of sub-section (4), the Standing Committee shall from time to time determine the number, designations, grades, salaries, fees and allowances of auditors, assistant auditors, officers, clerks and servants to be immediately subordinate to the Municipal Chief Auditor and the Municipal Secretary respectively.

(2) The Commissioner shall, from time to time, prepare and bring before the Standing Committee a statement setting forth the number, designations and grades of the other officers and servants who should in his opinion be maintained, and the amount and nature of the salaries, fees and allowances which he proposes should be paid to each.

(3) The Standing Committee shall, subject to the provisions of sub- section (4), sanction such statement either as it stands or subject to such modifications as it deems expedient.

1 [(4) No new posts of the officers and servants of the Corporation shall be created without the prior sanction of the State Government:

Provided that, the decision of the Government on a proposal complete in all respects, received from the Corporation for creation of posts shall be communicated to the Corporation within ninety days from the date of the receipt of such proposal by the Government.]

1

Sub-section (4) was substituted by Mah. 32 of 2011, s. 21 (a). Conditions of

service of

statutory

officers of

Corporation.

Number,

designations,

grades, etc. of

other

municipal

officers and

servants.

Maharashtra Municipal Corporations Act [1949 : LIX⁵⁸

(5) Nothing in this section shall be construed as affecting the right of the Corporation or of the Commissioner to make any temporary appointment which it or he is empowered to make under section 53. 1 [Explanation.—Any revision of pay scale or pay structure or grant of special pay, or grade, or revision of allowances (excluding dearness allowance) or change in designation shall be deemed, for the purposes of sub-section (4), to be the creation of a new post.]

52. No permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under section 40 or 45, or his office and emoluments are covered by sub- section (1) of section 51 or are included in the statement sanctioned under sub-section (3) of section 51 and for the time being in force.

53. (1) The power of appointing municipal officers, whether temporary or permanent,²[to the posts equivalent to or higher in rank than the post of the Assistant Municipal Commissioner] shall vest in the Corporation:

Provided that temporary appointments for loan works³[to the posts equivalent to or higher in rank than the post of the Assistant Municipal Commissioner] may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee on condition that every such appointment shall forthwith be reported by the Commissioner to the Corporation and no such appointment shall be renewed on the expiry of the said period of six months without the previous sanction of the Corporation.

(2) Save as otherwise provided in sub-section (1), the power of appointing municipal officers and servants, whether temporary or permanent, under the immediate control of the Municipal Chief Auditor and the Municipal Secretary shall vest in the Municipal Chief Auditor or the Municipal Secretary, as the case may be, subject, in either case, to the approval of the Standing Committee unless the said Committee in any particular case or class of cases dispenses with this requirement.

(3) Save as otherwise provided in this Act, the power of appointing municipal officers and servants whether permanent or temporary vests in the Commissioner:

Provided that such power in respect of permanent appointments shall be subject to the statement for the time being in force prepared and sanctioned under section 51 :

Provided further that no temporary appointment shall be made by the Commissioner for any period exceeding six months and no such appointment

1

Explanation was substituted, by Mah. 32 of 2011, s. 21 (b).

2

These words were substituted for the words " whose minimum monthly salary exclusive of allowances is or exceeds four hundred rupees " by Mah. 32 of 2011, s. 22 (a) (i).

3

These words were substituted for the words " carrying a monthly salary of rupees four hundred or more exclusive of allowaness" by Mah. 32 of 2011, s. 22 (a) (ii). Restriction on

employment

of permanent

officers and

servants.

Power of

appointment

in whom to

vest.

1949 : LIX] Maharashtra Municipal Corporations Act ⁵⁹ 1 [carrying a salary equivalent to higher in rank than the post of clerk] shall be renewed by the Commissoner on the expiry of the said period of six months without the previous sanction of the Standing Committee.

54. (1) There shall be a Staff Selection Committee consisting of the Commissioner or any other officer designated by him in this behalf, the Municipal Chief Auditor, the Head of the Department concerned and not more than one other officer nominated by the Commissioner.

(2) The Staff Selection Committee shall, in the manner prescribed in the rules, select candidates for all appointments in the municipal service other than appointment referred to in sub-section (1) of section 53 and other than those which the Corporation may, with the previous approval of the 2 [State] Government, by order specify in this behalf, unless it is proposed to fill the appointment from amongst persons already in municipal service or unless the appointment is of a temporary character and is not likely to last for more than six months.

(3) Every authority competent to make appointments in the municipal service shall make appointments of the candidates so selected in accordance with the directions given by the Staff Selection Committee.

(4) With reference to officers and servants appointed under Chapter XX, the provisions of this section shall apply as if for the word

"Commissioner" the words "Transport Manager" had been substituted.

(5) Subject to the provisions of this section, any appointment of a municipal officer or servant shall be made in the manner prescribed in the rules, save as expressly provided therein.

55. Nothing in section 51, 52 and 53 shall apply to officers and servants appointed under the provisions of Chapter XX.

Imposition of penalties.

56. (1) A competent authority may subject to the provisions of this Act impose any of the penalties specified in sub-section (2) on a municipal officer or servant if such authority is satisfied that such officer or servant is guilty of a breach of departmental rules or discipline or of carelessness, neglect of duty or other miscounduct or is incompetent:

Provided that,—

(a) no municipal officer or servant³[holding the post equivalent to or higher in rank than the post of the Assistant Commisioner] shall be dismissed by the Commissioner without the previous approval of the 4 [Corporation].

5 [(b) any officer or servant whether appointed by the Corporation or any other competent authority, except Transport Manager being a

1

These words were substituted for the words " carrying a monthly salary of more than one hundred rupees exclusive of allowances " by Mah. 32 of 2011, s. 22 (b).

2

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3

These words were substituted for the words " where monthly salary exclusive of allowances exceeds one thousand rupees " by Mah. 32 of 2011, s. 23 (a) (i).

4

This word was substituted for the words "Standing Committee" by Mah. 32 of 2011, s. 23 (a) (ii).

5

Clause (b) was substituted by Mah. 12 of 1993, s. 14(b). Manner of

making

appointments.

Saving in

respect of

officers and

servants

appointed

under

Chapter XX.

Imposition of

penalties on

municipal

officers and

servants.

H 610—11

Maharashtra Municipal Corporations Act [1949 : LIX⁶⁰ Government officer on deputation, may be suspended by the Commis- sioner pending an order of the Corporation and when the officer so sus- pended is the Transport Manager or an officer appointed under section 45, such suspension with reasons therefor, shall, forthwith be reported by the Commissioner to the Corporation, and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension :

Provided that, such suspension of an officer or servant pending in- quiry into the allegations against such officer or servant shall not be deemed to be a penalty.]

(c) the Commissioner may impose any of the penalties specified in clauses (a), (b)¹*²[(e) and (f)] of sub-section (2) on any officer appointed by the Corporation³[other than the Transport Manager if he is a Gov- ernment officer on deputation];

(d) the Municipal Chief Auditor and the Municipal Secretary may impose any of the penalties specified in clauses (a), (b), (c), (d) and (e) of sub-section (2) on any officer or servant immediately subordinate to them 4 * * * * * subject to a right of appeal to the Standing Committee and the Standing Committee may impose any other penalty on any such officer or servant and may also impose any penalty on any other officer or servant immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary.

5 [Explanation.—For the purposes of this section and section 53, a post shall be deemed to be a rank equivalent to another post if the minimum and maximum pay in the pay scale of both the posts are same. A post shall be deemed to be of a rank higher than another post, if the mimimum pay in pay scale of former is at least equivalent to the later, but the maximum is higher than the later. In respect of the pay structure, a post shall be deemed to be of a rank equivalent to, or higher than another post, if the grade pay in pay structure of the former is equivalent to or higher than the later, respectively.]

(2) The penalties which may be imposed under this section are the following, namely :—

(a) censure ;

(b) with holding of increments or promotion including stoppage at an efficiency bar ;

(c) reduction to a lower post or time-scale, or to a lower stage in a time-scale ;

(d) fine ;

(e) recovery from salary of the whole or part of any pecuniary loss caused to the Corporation ;

1

The brackets and letter "(c)" were deleted by Mah. 12 of 1993, s. 14(c) (i).

2

These brackets, letters and words were substituted for the word, brackets and letter "and (e) ", by, Mah. 12 of 1993, s. 14(c) (ii).

3

These words were substituted for the words and figures "other than the Transport Manager or an officer appointed under section 45", ibid., s. 14(c) (iii).

4

The words '' and drawing monthly salary not execeeding rupees one hundred and fifty, exclusive of allowances" were deleted, ibid., s. 14 (d).

Explanation was added by Mah. 32 of 2011, s. 23(b).

5

1949 : LIX] Maharashtra Municipal Corporations Act ⁶¹

(f) suspension ;

(g) removal from municipal service which does not disqualify from future employment ;

(h) dismissal from municipal service which ordinarily disqualifies from future employment.

(3) No officer or servant shall be reduced to a lower post or removed or dismissed from service under this section unless he has been given a reasonable opportunity of showing cause against such reduction, removal or dismissal :

Provided that this sub-section shall not apply,—

(a) where a person is reduced, removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge ; or

(b) where the competent authority is satisfied that, for reasons to be recorded in writing by such authority, it is reasonably practicable to give that person an opportunity of showing cause.

(4) Subject to the provisions of clause (d) of the proviso to sub-section (1), any municipal officer or servant who is reduced, removed or dismissed by any authority other than the Corporation may, within one month of the communication to him of the order of reduction, removal or dismissal, appeal to the authority immediately superior to the authority which imposed the penalty and the appellate authority may, after obtaining the remarks of the authority which imposed the penalty, either confirm the order passed or substitute for it such order as it considers just, including an order for the imposition of some lesser penalty, and effect shall forthwith be given to any order passed by the appellate authority which shall be conclusive :

Proided that for the purposes of this sub-section the Standing Committee shall be deemed to be the authority immediately superior to the Commissioner and the Corporation shall be deemed to be the authority immediately superior to the Standing Committee.

(5) With reference to officers and servants appointed under Chapter XX the provisions of this section shall apply as if for the word '' Commissioner '' the words '' Transport Manager'' and for the words ''Standing Committee'' the words ''Transport Committee'' had been substituted.

Explanation.—(1) For the purposes of this section a competent authority is the authority which under the provisions of this Act is competent to make the appointment to the post held by the particular municipal officer or servant.

(2) The monthly salary which would ordinarily be admissible to a municipal officer or servant on the date immediately preceding the date of the order imposing a penalty shall be deemed to be his salary for the purposes of the proviso to sub-section (1).

H 610—11a

84

Maharashtra Municipal Corporations Act [1949 : LIX⁶² Leave of absence, acting appointments, etc.

57. (1) Leave of absence may be granted subject to the regulations by the Commissioner to any municipal officer or servant whom he has the power of appointing and for a period not exceeding one month to any other municipal officer, other than the Transport Manager, officers and servants immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary and officers and servants appointed under Chapter XX.

(2) Leave of absence may be granted by the Municipal Chief Auditor or the Municipal Secretary, as the case may be, to a clerk or servant immediately subordinate to him and receiving a monthly salary, exclusive of allowances, not exceeding one hundred and fifty rupees.

(3) Leave of absence may be granted by the Standing Committee to any officer or servant not covered by sub-section (1) or sub-section (2) excepting the Transport Manager and officers and servants appointed under the provisions of Chapter XX.

58. (1) The appointment of a person to act in the place of an officer absent on leave may be made when necessary and subject to the regulations by the authority granting the leave of absence :

Provided that—

(a) when an officer appointed under section 45 is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the Corporation and, excepting an ap- pointment to act for the Municipal Secretary, shall be reported forthwith to the¹[State] Government ;

(b) any appointment reported to the¹[State] Government under clause (a) may be disallowed by it and from the time of being so disal- lowed shall be null and void as from the date of the receipt by the Corpo- ration of the order of the¹[State] Government.

(2) A person appointed under this section to act for any officer or servant shall, while so acting, perform the same duties and exercise the same powers and be subject to the same liabilities, restrictions and conditions which such officer or servant is bound to perform or may exercise or to which such officer or servant is liable.

Disqualification of municipal officers and servants.

59. (1) Any person who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by, or on behalf of the Corporation,²* * * * * * * shall be disqualified for being a municipal officer or servant.

Disqualification

of municipal

officers and

servants.

Acting

appointments.

Leave of

absence.

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2

The words '' or in any employment, with, by, or on behalf of the Corporation other than as a municipal officer or servant " were deleted by Mah. 42 of 1977, s. 7(a).

1949 : LIX] Maharashtra Municipal Corporations Act ⁶³

(2) Any municipal officer or servant who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract, 1 * * * as aforesaid shall cease to be a municipal officer or servant and his office shall become vacant.

(3) Nothing in this section shall apply to any such share or interest in any contract²* * * with, by, or on behalf of the Corporation as under sub- clause (ii) or (iv) of clause (b) of sub-section (2) of section 10, it is permissible for a councillor to have, without his being thereby disqualified for being a councillor.

Explanation.—The expression "municipal officer" includes the Transport Manager appointed under section 40 and any person appointed to act for the Transport Manager under section 41.

3 [59A. Notwithstanding anything contained in section 53 or any other provisions of this Act, the Commissioner shall be competent to sanction prosecution of any officer or servant of the Corporation which has been sought by the Police or any other Government agency. The Commissioner shall inform about grant of any such sanction to the Municipal Corportation in the next ensuing meeting of the Corporation].

60. (1) Any municipal officer or servant occupying any premises provided by the Corporation for his residence,—

(a) shall occupy the same subject to such conditions and terms as may, generally or in special cases, be prescribed by the Corporation, and

(b) shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his resignation, dismissal, re- moval or retirement from the service of the Corporation or whenever the Commissioner, with the approval of the Corporation, thinks it nec- essary and expedient to require him to do so.

(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the Commissioner may order such person to vacate such premises and may take such measures as will prevent him from remaining on or again entering on the premises.

(3) With reference to a municipal officer or servant appointed under Chapter XX, the provisions of this section shall apply as if for the word

"Commissioner" the words "Transport Manager" had been substituted. Sanction for

prosecution of

officers and

servants of

Corporation.

Occupation of,

and liability

to vacate,

premises

provided by

Corporation

for municipal

officers and

servants.

1. The words "non employment " were deleted by Mah. 42 of 1977, s. 7(b).

2 . The words "or employment" were deleted by Mah. 42 of 1977, s. 7(c).

3. Section 59A was inserted by Mah. 29 of 2011, s. 4.

86

Maharashtra Municipal Corporations Act [1949 : LIX⁶⁴ 1 [CHAPTER IV-A.

DISCLOSURE OF SPECIFIED INFORMATION.

60A. (1) The Corporation shall maintain and publish all its record duly catalogued and indexed in a manner, and form which enables the Corporation to disclose the information specified in sub-section (3).

(2) The manner of disclosure of information shall include the publication of the information,—

(i) in News papers ;

(ii) on Internet ;

(iii) on Notice boards of the Corporation at its Head Office as well as Ward Offices ;

(iv) by such other mode, as may be prescribed :

Provided that, the information shall be disclosed in the language in which it is available with the Corporation.

(3) The Corporation shall be required to disclose the following information, namely :—

(i) particulars of the Corporation ;

(ii) a statement showing the boards, councils, committees and other bodies, by whatever name called, constituted for the purpose of exercising the functions of the Corporation or rendering advise to it, whether or not the meetings of those boards, councils, committees and other bodies are open to the public or the minutes of such meetings are accessible to the public ;

(iii) a directory of its officers and employees ;

(iv) the particulars of officers who are empowered to grant concessions, permits or authorisations for any activity of the Corporation ;

(v) audited financial statements showing Balancesheet, Receipts and Expenditures, and cash flow on a quarterly basis, within two months of end of each quarter, and audited financial statements for the full financial year, within three months of the end of the financial year ;

1

Chapter IV-A was inserted by Mah. 33 of 2007, s. 3. Disclosure of

specified

information.

1949 : LIX] Maharashtra Municipal Corporations Act ⁶⁵

(vi) the statement showing each of the services provided by the Corporation ;

(vii) particulars of all plans, proposed expenditures, actual expenditures on major services provided or activities performed and reports on disbursements made;

(viii) details of subsidy programmes on major services provided or activities performed by the Corporation, and manner and criteria of indentification of beneficiaries for such programmes ;

(ix) particulars of the master plan, city development plan or any other plan concerning the development of the municipal area ;

(x) the particulars of major works, as may be specified by notification by the State Government, in the Official Gazette, together with information on the value of works, time of completion and details of contract ;

(xi) the details of the municipal funds, i.e. income generated in the previous year by the following :—

(a) taxes, duties, cess and surcharge, rent from the properties, fees from licenses and permissions ;

(b) taxes, duties, cess and surcharge, rent from the properties, fees from licenses and permissions that remain uncollected and the reasons thereof ;

(c) share of taxes levied by the State Government and transferred to the Corporation and the grants released to the Corporation ;

(d) grants released by the State Government for implementation of the schemes, projects and plans assigned or entrusted to the Corporation, the nature and extent of utilization ;

(e) money raised through donation or contribution from public or non-governmental agencies ;

(xii) annual budget allocated to each ward ;

(xiii) such other information, as may be prescribed.]

88

Maharashtra Municipal Corporations Act [1949 : LIX⁶⁶

CHAPTER V.

ESSENTIAL SERVICES.

61. (1) No member of an essential service shall,—

(a) without the written permission of the Commissioner or any officer authorised by him in this behalf, resign his office, withdraw or absent himself from the duties thereof without at least two months' notice given in writing to the Commissioner, except in the case of illness or accident disabling him for the discharge of his duties, or other reason accepted as sufficient by the Commissioner or such officer, or

(b) neglect or refuse to perform his duties or willfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.

(2) With reference to a member of an essential service who is appointed under Chapter XX, the provisions of this section shall apply as if for the word "Commissioner" the words "Transport Manager" had been subsitituted.

62. If the¹[State] Government is of the opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of services essential to the life of the community in the City, it may, by notification in the Official Gazette, declare that an emergency exists in the City and that in consequence thereof no member of such of the essential services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force or any agreement,—

(a) withdraw or absent himself from his duties except in the case of illness or accident disabling him from the discharge of his duties, or

(b) neglect or refuse to perform his duties or willfully perform them in a manner which in the opinion of such officer as the¹[State] Government may specify in this behalf is inefficient. Members of

essential

services not to

resign, etc.,

without

permission.

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

Power of

1 [State] Govenment to declare

emergency.

1949 : LIX] Maharashtra Municipal Corporations Act ⁶⁷

CHAPTER VI.

D UTIES AND POWERS OF THE MUNICIPAL AUTHORITIES AND OFFICERS.

Obligatory and Discretionary Duties of the Corporation.

63. It shall be incumbent on the Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely :—

(1) erection of substantial boundary marks of such description and in such positions as shall be approved by the¹[State] Government defining the limits or any alteration in the limits of the City ; 2 [(1a) planning for social and economic development ; (1b) urban forestry, protection of the environment and promotion of ecological aspects ;]

(2) the watering, scavenging and cleansing of all public streets and places in the City and the removal of all sweepings therefrom ;

(3) the collection, removal, treatment and disposal of sewage, offensive matter and rubbish and, if so required by the¹[State] Govenment, the preparations of compost manure from such sewage, offensive matter and rubbish ;

(4) the construction, maintenance and cleansing of drains and drainage work and of public latrines, water-closets, urinals and similar conveniences ;

(5) the entertainment of a fire-brigade equipped with suitable appliances for the extinction of fires and the protection of life and property against fire ;

(6) the construction or acquisition and maintenance of public hospitals and dispensaries including hospitals for the isolation and treatment of persons suffering or suspected to be infected with a contagious or infectious disease and carrying out other measures necessary for public medical relief ;

(7) the lighting of public streets, municipal markets and public buildings vested in the Corporation ;

(8) the maintenance of a municipal office and of all public monuments and open spaces and other property vesting in Corporation ;

(9) the naming or numbering of streets and of public places vesting in the Corporation and the numbering of premises ;

(10) the regulation and abatement of offensive and dangerous trades or practices ;

(11) the maintenance, change and regulation of places for the disposal of the dead and the provision of new places for the said purpose and disposing of unclaimed dead bodies ;

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2

These clauses were inserted by Mah. 41 of 1994, s. 65. Matters to be

provided for

by the

Corporation.

H 610—12

Maharashtra Municipal Corporations Act [1949 : LIX⁶⁸

(12) the construction or acquisition and maintenance of public markets and slaughter-houses and the regulation of all markets and slaughter-houses ;

(13) the construction or acquisition and maintenances of cattle- ponds ;

(14) public vaccination in accordance with the provisions of the * Bombay District Vaccination Act, 1892 ;

(15) maintaining, aiding and suitably accommodating Schools for primary education;

(16) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances ;

(17) the registration of births and deaths ;

(18) the construction, maintenance, alteration and improvement of public streets, bridges, sub-ways, culverts, cause-ways and the like ;

(19) the removal of obstructions and projections in or upon streets, bridges, and other public places ;

(20) the management and maintenance of all municipal water works and the construction or acquisition of new works necessary for a sufficient supply of water for public and private purposes ;

(21) preventing and checking the spread of dangerous diseases ;

(22) the securing or removal of dangerous buildings and places ;

(23) the construction and maintenance of residential quarters for the municipal conservancy staff;

(24) fulfilment of any obligation imposed by or under this Act or any other law for the time being in force ;

(25) subject to adequate provision being made for the matters specified above, the provision of relief to destitute persons in the City in times of famine and scarcity and the establishment and maintenance of relief works in such times.

64. The Corporation shall make payments at such rates and subject to such conditions as the¹[State] Government from time to time by general or special order prescribes, for the maintenance and treatment in any institution which the¹[State] Government declares by notification in the Official Gazette to be suitable for the purpose either within or without the City and for other necessary expenses of persons undergoing anti-rabic treatment as indigent persons according to the rules applicable to such institutions :

Provided that the Corporation shall not be liable under this section for the maintenance, treatment and other expenses of any person undergoing anti-rabic treatment as an indigent person in any such institution as aforesaid, unless such person immediately previous to his admission thereto has been resident in the City for at least one year and has proceeded to such institution from the City.

* See, now the Maharashtra Vaccination Act, 1964 (Mah. XXXVII of 1964).

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. Corporation

to provide for

anti-rabic

treatment.

Bom. I

of

1 892.

1949 : LIX] Maharashtra Municipal Corporations Act ⁶⁹

65. (1) The Corporation shall make payments at such rates for each person as the¹[State] Government from time to time by general or special order prescribes for the maintenance and treatment at any asylum, hospital or house, within or without the City, which the¹[State] Government declares by notification in the Official Gazette, to be suitable for the purpose of pauper lunatics, not being persons for whose confinement an order under Chapter XXXIV of the^*Code of Criminal Procedure, 1898, is in force and of lepers resident within, or under any enactment for the time being in force removed from, the City :

Provided that the Corporation shall not be liable under this section for the maintenance and treatment of any lunatic or leper in any such asylum, hospital or house as aforesaid, unless such lunatic or leper immediately previous to his admission thereto has been resident in the City for at least one year :

Provided further that the rates prescribed by the¹[State] Government under this section shall not exceed half the total cost of maintenance and treatment incurred for each person on account of the lunatics for whose maintenance and treatment the Corporation shall be liable under this section:

Provided also that where an application is made to the Court under section 88 of the Indian Lunacy Act, 1912, no order for the payment of the cost of maintenance of the lunatic by the Corporation shall be made without an opportunity being given to the Corporation to show that the lunatic is not pauper and has an estate applicable to his maintenance or that there is a person legally bound and having the means to maintain him.

(2) The Officer in charge of an asylum, hospital or house to which lunatics or lepers for whose maintenance and treatment the Corporation is liable under this section are admitted shall maintain a clear account of the cost of maintenance and treatment incurred on account of such persons detained in the asylum, hospital or house and shall furnish a copy thereof to the Corporation.

66. The Corporation may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely :—

(1) the organisation, maintenance or management of institutions within or without the City for the care of persons who are infirm, sick or incurable, or for the care and training of blind, deaf, mute or otherwise disabled persons or of handicapped children;

2 [(1A) slum improvement and upgradation ;

(1B) urban poverty alleviation ;

(1C) cattle pounds and prevention of cruelty to animals ; (1D) regulation of tanneries ;]

(2) the organisation, maintenance or management of maternity and infant welfare homes or centres ;

Corporation

to provide for

maintenance

of lunatics

and lepers.

V of

1 898.

Matters which may be

provided for by

Corporation at its

discretion. IV of

1 91 2.

* See now the Code of Criminal Procedure, 1973 (2 of 1974).

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2

These clauses were inserted by Mah. 41 of 1994, s. 66. H 610—12a

Maharashtra Municipal Corporations Act [1949 : LIX⁷⁰

(3) the provision of milk to expectant or nursing mothers or infants or school children ;

(4) the organisation, maintenance or management of chemical or bacteriological laboratories for the examination or analysis of water, food or drugs, for the detection of diseases or for researches connected with public health ;

(5) swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health ;

(6) dairies or farms within or without the City for the supply, distribution and processing of milk or milk products for the benefit of the residents of the City ;

(7) the construction and maintenance in public streets or places of drinking fountains for human beings and water-troughs for animals ;

(8) the planting and maintenance of trees on road sides and elsewhere ;

(9) the provision of music for the people ;

(10) the provision of public parks, gardens, play-grounds and recreation grounds ;

(11) the holding of exhibitions, atheletics or games ;

(12) the regulation of lodging houses, camping grounds and rest houses in the City ;

(13) the maintenance of an ambulance service ;

(14) the construction, establishment and maintenance of theatres, rest-houses, other public buildings ;

(15) the organisation or maintenance, in times of scarcity, of shops or stalls for the sale of necessaries of life ;

(16) the building or purchase and maintenance of dwellings for municipal officers and servants ;

(17) the grant of loans for building purposes to municipal servants 1 * * * on such terms and subject to such conditions as may be prescribed by the Corporation ;

(18) any other measures for the welfare of municipal servants or any class of them ;

(19) the purchase of any undertaking for the supply of electric energy or gas or the starting or subsidising of any such undertaking which may be in the general interest of the public ;

(20) the construction, purchase, organisation, maintenance or management of light, railways, tramways, trackless trams, or motor transport facilities for the conveyance of the public or goods within or without the City ;

(21) the furtherence of educational objects other than those mentioned in clause (15) of section 63 and making grants to educational institutions within or without the City ;

(22) the establishment and maintenance or the aiding of libraries, museums and art galleries, botanical or zoological collections and the purchase or construction of buildings therefor ;

1 The words "drawing a monthly salary of not more than four hundred rupees" were deleted by Mah. 27 of 1975, s. 2.

93

1949 : LIX] Maharashtra Municipal Corporations Act ⁷¹

(23) the construction or maintenance of infirmaries or hospitals for animals ;

(24) the destruction of birds or animals causing a nuisance, or of vermin, and the confinement or destruction of stray or ownerless dogs ;

(25) contributions towards any public fund raised for the relief of human suffering within the City or for the public welfare ;

(26) the preparation or presentation of addresses to persons of distinction;

(27) the registration of marriages ;

(28) the granting of rewards for information which may tend to secure the correct registration of vital statistics ;

(29) paying the salaries and allowances, rent and other charges incidental to the maintenance of the Court of any stipendiary magistrate or any portion of such charges ;

(30) the acquisition and maintenance of grazing grounds and the establishment and maintenance of a breeding stud ;

(31) establishing and maintaining a farm or factory for the disposal of sewage ;

(32) supplying, constructing and maintaining, in accordance with the general system approved by the Corporation, receptacles, fittings, pipes and other appliances whatsoever on or for the use of premises for receiving and conducting the sewage thereof into drains under the control of the Corporation;

(33) granting rewards for information regarding the infringement of any provisions of this Act, or of the rules, bye-laws, regulations or standing orders;

(34) laying out whether in areas previously built upon or not, new public streets and acquiring land for that purpose and land required for the construction of buildings or curtileges thereof to abut on such street or streets ;

(35) the building or purchase and maintenance of suitable dwellings for the poor and working classes, or the grant of loans or other facilities to any person, society or institution interested in the provision of such dwellings;

(36) the provision of shelter to destitute or homeless persons and any form of poor relief;

(37) the building or purchase and maintenance of sanitary stables, or byres for horses, ponies or cattle used in hackney carriages or carts or for milch-kine;

(38) surveys of buildings or lands ;

(39) measures to meet any calamity affecting the public in the City ;

(40) making contributions to the funds of the Local Self Government Institute Bombay;

94

Maharashtra Municipal Corporations Act [1949 : LIX⁷² 1 [(41) making any contribution towards any public reception, ceremony or entertainment:

Provided that, the total expenditure on account of such contribution during any official year shall not exceed rupees twenty-five thousand or such higher amount as the State Government may, from time to time, by notification published in the Official Gazette, specify in this behalf.] 2 [(41A) with the previous sanction of the State Government and subject to such terms and conditions as the State Government may impose, subscribing to the share capital of any company or co-operative society, with a limited liability, established or to be established for maintaining or setting up a slaughter house, or for providing any other services in the City, useful to the Corporation in carrying out any of the duties imposed upon it by or under this Act or any other law for the time being in force ;]

(42) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction. 3 [66A. When any duty has been imposed on, or any function has been assigned to, a Corporation under this Act or any other law for the time being in force, or a Corporation has been entrusted with the implementation of a scheme by the State Government or any other authority,—

(i) the Corporation may, either discharge such duty or perform such function or implement such schemes by itself; or

(ii) subject to such directions as may be issued and the terms and conditions as may be determined by the State Government, cause it to be discharged, performed or implemented by any agency :

Provided that, the Corporation may also specify terms and conditions, not inconsistent with the terms and conditions determined by the State Government for such agency arrangement.] Respective functions of the several Municipal Authorities.

67. (1) The respective functions of the several municipal authorities shall be such as are specifically prescribed by or under this Act.

(2) Except as otherwise expressly provided in this Act, the municipal government of the City vests in the Corporation.

(3) Subject, whenever it is in this Act expressly so directed, to the approval or sanction of the Corporation or the Standing Committee and subject also to all other restrictions, limitations and conditions imposed by this Act or by any other law for the time being in force, the entire executive power for the purpose of carrying out the provisions of this Act and of any Performance

of functions by

agencies.

1

Clause (41) was substituted for the original by Mah. 42 of 1977, s. 8.

2

Clause (41A) was inserted by Mah. 68 of 1975, s. 2.

3

Section 66A was inserted by Mah. 41 of 1994, s. 67. Function of

the several

municipal

authorities.

1949 : LIX] Maharashtra Municipal Corporations Act ⁷³ other Act for the time being in force which imposes any duty or confers any powers on the Corporations vests in the Commissioner, who shall also—

(a) perform all the duties and exercise all the powers, specifically imposed or conferred upon him by this Act or by any other law for the time being in force ;

(b) prescribe the duties of, and exercise supervision and control over, the acts and proceedings of all municipal officers and servants, other than the Municipal Secretary and the Municipal Chief Auditor and the municipal officers and servants immediately subordinate to them, and subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances ;

(c) in any emergency take such immediate action for the service or safety of the public or the protection of the property of the Corporation as the emergency shall appear to him to justify or to require notwithstanding that such action cannot be taken under this Act without the sanction, approval or authority of some other municipal authority or of the¹[State] Government:

Provided that the Commissioner shall report forthwith to the Standing Committee and to the Corporation the action he has taken and his reasons for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by a current budget-grant under the provisions of this Act;

(d) perform the duties and exercise the powers imposed or conferred upon the Transport Manager by this Act in his absence or on failure by him to perform or exercise the same.

(4) Subject, whenever expressly so directed in this Act, to the approval of the Corporation or the Transport Committee and subject also to all other restrictions, limitations and conditions imposed by this Act, the entire executive power for the purpose of carrying out the provisions of Chapter XX vests in the Transport Manager who shall also,—

(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act and perform such other duties in connection with the Transport Undertaking as may be required of him by the Transport Committee ;

(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of all municipal officers and servants appointed under Chapter XX and, subject to the regulations, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances ;

(c) in any emergency, take such immediate action for the protection of human life or of the property of the Corporation or for the mainte- nance of the service provided to the public by the Transport Undertak- ings as the emergency shall appear to him to justify or require, report- ing forthwith to the Transport Committee, when he has done so, the

This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950.

1

Maharashtra Municipal Corporations Act [1949 : LIX⁷⁴ action he has taken and his reason for taking the same and the amount of cost, if any, incurred, or likely to be incurred in consequence of such action, which is not covered by a budget-grant under the provisions of this Act.

1 [67A. The Commissioner shall, before the thirty-first day of July every year, place before the Corporation a report on the status of environment within the city in respect of the last preceding official year covering such matters, and in such manner as may be specified by the State Government from time to time.]

68. (1) Any powers, duties and functions conferred or imposed upon or vested in the Corporation by any other law for the time being in force shall, subject to the provisions of such law and to such restrictions, limitations and conditions as the Corporation may impose, be exercised, performed or discharged by the Commissioner.

(2) The Commissioner may with the approval of the Standing Committee by order in writing empower any municipal officer to exercise, perform or discharge any such power, duty or function under the control of the Commissioner and subject to his revision and to such conditions and limitations, if any, as he shall think fit to prescribe.

69. (1) Subject to the provisions of sub-sections (2) and (3), any of the powers, duties or functions conferred or imposed upon or vested in the Commissioner or the Transport Manager by or under any of the provisions of this Act may be exercised, performed or discharged, under the control of the Commissioner or the Transport Manager, as the case may be, and subject to his revision and to such conditions and limitations, if any, as may be prescribed by rules, or as he shall think fit to prescribe in a manner not inconsistent with the provisions of this Act or Rules, by any municipal officer whom the Commissioner or the Transport Manager generally or specially empowers by order in writing in this behalf; and to the extent to which any municipal officer is so empowered the word "Commissioner" and the words " Transport Manager " occurring in any provision in this Act, shall be deemed to include such officer.

(2) The Commissioner shall not, except with the prior approval of the Standing Committee, make an order under sub-section (1) affecting his powers, duties or functions under any of the following sections, sub-sections and clauses, namely :—

10 (1) (h), 12(1), 18(1), 26(2), 43(2), 43(4), 43(5), 51(2), 67(3)(b), 67(3)(d), 71(2), 73, 77, 78(1), 85, 86, 87, 90, 92(2), 94, 95, 121, 122, 125, 126, 130(1)(b), 131(1), 134, 137, 144, 152, 154, 160, 174, 176,177, 188, 195, 196,

197, 201, 205, 207, 208, 209, 210, 212, 213, 214, 216, 220, 224, 232, 243, 268,

269, 270, 272(2), 273, 274, 275(1), 277, 278, 281, 298, 300, 301, 303, 304,

305, 310, 317, 319, 321, 322, 323, 324, 325, 328, 329, 330, 331, 332, 363, 364,

371(2), 373, 386(2), 439( 3), 439(4),441,442,445,466,481 except clause (a) of sub-section (1).

(3) The Transport Manager shall not, except with the prior approval of the Transport Committee, make an order under sub-section (1) affecting his Environment

Status

Report.

Commissioner

to exercise

powers and

perform

duties of

Corporation

under other

laws.

Municipal

officers may

be empowered

to exercise

certain of the

powers, etc., of

the

Commissioner

or the

Transport

Manager.

Section 67A was inserted by Mah. 41 of 1994, s. 68.

1

1949 : LIX] Maharashtra Municipal Corporations Act ⁷⁵ powers, duties or functions under any of the following provisions, namely:—

43(5), 67(b), 67(4)(c), 71(2), 73, 97, 344, 346, 348, 354, 355, 356, 358, 362, 481 except clause (a) of sub-section (1).

70. The Corporation may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.

71. (1) The Corporation may at any time require the Commissioner,—

(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner, or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him ;

(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the Municipal Government of the City;

(c) to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the Municipal Government of the City.

(2) Except as is hereinafter provided, every such requisition shall be complied with by the Commissioner without unreasonable delay ; and it shall be incumbent on every municipal officer and servant to obey any order made by the Commissioner in pursuance of any such requisition :

Provided that, if, on such requisitions as aforesaid being made, the Commissioner shall declare that immediate compliance therewith would be prejudicial to the interest of the Corporation or of the public, it shall be lawful for him to defer such compliance until a time not later than the second ordinary meeting of the Corporation after he shall have declared as aforesaid.

(3) If at such meeting, or any meeting subsequent thereto, the Corporation shall repeat the requisition, and it shall then still appear to the Commissioner inexpedient to comply therewith, he shall make a declaration to that effect, whereon it shall be lawful for the Corporation to elect one councillor who with the Mayor and the Chairman of the Standing Committee or, if the Mayor is also Chairman of the Standing Committee, with the Mayor and one member of its own body elected by the Standing Committee shall Corporation

may call for

extracts from

proceedings,

etc., from the

Standing

Committee,

etc.

Corporation

may require

Commissioner

to produce

documents

and furnish

returns,

reports, etc.

H 610—13

98

Maharashtra Municipal Corporations Act [1949 : LIX⁷⁶ Delegation of

powers.

form a committee who shall engage to keep secret, save as hereinafter provided, the existence and purport of such documents and matters as may be disclosed them; and to whom the Commissioner shall be bound to make known and to disclose all writings and matters within his knowledge, under his control, or available to him, and embranced within the requisition.

(4) The said committee having taken cognizance of the information, writings and matters so laid before them shall determine, by a majority in case of difference, whether or not the whole or any part, and which part, if any, of such matters ought to be disclosed to the Corporation or kept secret for a defined time. Such decision, of the committee shall be conclusive and shall be reported to the Corporation at the next ordinary meeting thereof, where also the Commissioner shall be bound to produce documents and to make any report or statement requisite to give effect to the decision of the committee when called on to do so by the Corporation.

(5) In their application to matters relating to the Transport Undertaking the provisions of sub-sections (1) to (4) shall have effect as if for the word

" commissioner " the words " Transport Manager " and for the words " Standing Committee " the words "Transport Committee" had been substituted.

72. The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except in any case specified in sub-section (2) of section 86 or in sub-section (2) of section 355, be subject to the conditions that—

(a) such expenditure so far as it is to be incurred in the official year in which such powers exercised or duty performed, is provided for under a current budget grant; and

(b) if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year, the sanction of the Corporation is taken before liability for such expenditure is incurred. 1 [Prevention of delay in discharge of official duties.

72A. (1) The Commissioner shall prepare and publish Citizens' Charter, a list of facilities or services rendered by the office or Department of the Corporation, together with the time limit for providing such facilities or services to the general public, within a period of six months from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010.

(2) If no final decision is taken within the period specified in the Citizens' Charter by the concerned authorities, the responsibilty for inaction shall be fixed on them and an action mentioned in the relevant Act, rules or regulations shall be taken against them.

72B. (1) The Commissioner shall publish the list of powers delegated to the subordinate officers working under him, for taking final decision.

(2) The Commissioner shall determine, as far as possible, four or less number of levels of submission for any matter to reach the concerned Statutory Committee or the Authority competent to take final decision in the matter, in any office or Department in the Corporation.

1

This heading and sections 72A to 72D were inserted by Mah. 29 of 2011, s. 5. Exercise of

powers to be

subject to

sanction by

Corporation of

the necessary

expenditure.

Citizens'

Charter.

Mah.

XXIX of

2011.

1949 : LIX] Maharashtra Municipal Corporations Act ⁷⁷

(3) Lists of powers delegated to the subordinate officers and the levels of submission shall be prepared and published within one year from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010, and shall be updated on the 1st April of every suceeding year.

72C. (1) Every Municipal Officer and servant shall be bound to discharge his official duties and the official work assigned or pertaining to him most diligently and as expeditiously as feasible :

Provided that, normally no file shall remain pending with any Municipal Officer or servant in any Department or office under the Corporation for more than seven working days :

Provided further that, immediate and urgent files shall be disposed of by any Municipal Officer or servant as per the urgency of the matter, as expeditiously as posssible, and preferably the immediate file in one day or the next day morning and the urgent file in four days :

Provided also that, in respect of the files not required to be referred to any other Department within the Corporation and not required to be submitted to any Statutory Committee, the concerned Department of the Corporation shall take the decision and necessary action in the matter within forty-five days and in respect of the files required to be referred to any other Department but not to any Statutory Committee, decision and necessary action shall be taken within three months.

(2) Any willful or intentional delay or negligence in discharge of the official duties or in carrying out the official work assigned or pertaining to such Municipal Officer and servant shall amount to dereliction of official duties and shall make such Municipal Officer or servant liable for appropriate disciplinary action under the relevant disciplinary rules applicable to such employees.

(3) The concerned competent authority, on noticing or on being brought to its notice any such dereliction of duties on the part of any Municipal Officer or servant, after satisfying itself about such dereliction on the part of such Municipal Officer or servant shall, take appropriate disciplinary action against such defaulting Municipal Officer or servant under the relevant disciplinary rules including taking entry relating to such dereliction of duty in the Annual Confidential Report of such Municipal Officer or servant.

72D. Nothing in section 72C shall apply to,—

(i) sub-judice matters;

(ii) cases referred to Lokayukta or Upa-Lokayukta and other Con- stitutional institutions, Commissions, etc.;

(iii) quasi-judicial matters ;

(iv) cases related to the Central or other State Governments ;

(v) cases related to Legislation; and

(vi) cases involving major policy decisions.] Disciplinary

action.

Mah.

XXIX of

2011.

Non- application of provisions of section 72C in certain.

H 610—13a

100

Maharashtra Municipal Corporations Act [1949 : LIX⁷⁸ Mode of

executing

contracts.

Contracts

relating to

Transport

Undertaking.

CHAPTER VII.

C ONTRACTS.

73. With respect to the making of contracts under or for any purpose of this Act, including contracts relating to the acquisition and disposal of immovable property or any interest therein, the following provisions shall have effect, namely :—

(a) every such contract shall be made on behalf of the Corporation by the Commissioner ;

(b) no such contract for any purpose which, in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other municipal authority, shall be made by him until or unless such approval or sanction has first been duly given ; 1 [(c) no contract, other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, which will involve an expenditure exceeding rupees twenty-five lakhs but not exceeding rupees fifty lakhs shall be made by the Commissioner, unless the same is previously approved by the Mayor. However, the total amount of all contracts approved by the Mayor shall not exceed rupees two crores and fifty lakhs during a year. Subject to the above, for any contract which involves an expenditure in excess of rupees twenty-five lakhs, the previous approval of the Standing Committee shall be necessary :

Provided that, notwithstanding anything contained in Schedule 'D', in Chapter II, in rule 3, in clause (k), where the approval of the Standing Committee is sought by the Commissioner for any contract, the Standing Committee shall consider and dispose of the proposal made by the Commissioner in that behalf within fifteen days reckoned from the date of the meeting of the Standing Committee held immediately after the proposal is received by it, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the approval to such contract shall be deemed to have been given by the Standing Committee and a report to that effect shall be made by the Commissioner to the Corporation;]

(d) every contract made by the Commissioner involving an expenditure exceeding²[five lakhs rupees] and not exceeding³[twenty- five lakh rupees] or such higher amount as may for the time being be prescribed under clause (c) shall be reported by him, within fifteen days after the same has been made, to the Standing Committee ;

(e) the foregoing provisions of this section shall, as far as may be, apply to every contract which the Commissioner shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.

74. (1) The mode of executing contracts under this Act shall be as prescribed by rules.

(2) No contract which is not made in accordance with the provisions of this Act and the rules shall be binding on the Corporation.

75. For the purpose of contracts relating exclusively to the Transport Undertaking the provisions of section 73 and those of Chapter V of the Schedule shall apply as if for the word "Commissioner" wherever it occurs the words "Transport Manager" and for the words "Standing Committee"

wherever they occur the words "Transport Committee" had been substituted. Power to

Commissioner

to execute

contracts on

behalf of

Corporation.

1

Clause (c) was substituted by Mah. 32 of 2011, s. 24 (a).

2

These word were substituted for the words "fifty thousand" by Mah. 32 of 2011, s. 24(b) (i).

These words were substituted for the words ''ten lakhs'', by Mah. 32 of 2011, s. 24(b) (ii).

3

1949 : LIX ] Maharashtra Municipal Corporations Act 79

CHAPTER VIII.

MUNICIPAL PROPERTY.

Acquisition of Property.

76. (1) The Corporation shall, for the purposes of this Act, have power to acquire and hold movable and immovable property or any interest therein whether within or without the limits of the City.

(2) All immovable and other property, wherever situate, which on the date immediately preceding the appointed day vested,—

(a) in any municipality or local authority which has been superseded by or under this Act in consequence of the inclusion in the City of the area for which it was constituted, or

(b) in¹[Government] by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority,

shall upon and after the said day vest in and be held by the Corporation having jurisdiction in such City as trustees for the purposes of this Act but subject to all trusts, charges and liabilities affecting the same.

(3) All primary schools, with their lands, buildings, records and equipment, and all other properties, movable or immovable, which on the date immediately preceding the appointed day vested, under the provisions of section 12 of the Bombay Primary Education Act, 1947, in the District School Board of the district in which such City is situate in respect of any area which is included in such City shall, upon and after the said day, vest in, and be held by, the Corporation as trustees for the purposes of this Act, but subject to all trusts, charges and liabilities affecting the same :

Provided that in the event of any question, dispute or doubt arising as to whether any particular property shall so vest in and be held by the Corporation, the matter shall be referred to the²[State] Government whose decision thereon shall be final.

(4) The²[State] Government may, by order in writing, direct that any immovable or other property situate in, or pertaining to and area included within the limits of any City which, on the appointed day, was vested in a local authority whose jurisdiction extended beyond such area shall vest in and be held by the Corporation as trustees for the purposes of this Act, but subject to all trusts, charges and liabilities affecting the same.

(5) Any immovable property which may be transferred to the Corporation by the Government shall be held by it subject to such conditions, including resumption by the Government on the occurrence of a specified contingency, and shall be applied to such purposes as the Government may impose or specify when the transfer is made.

l

This word was substituted for the words "His Majesty" by the Adaptation of Laws Order, 1950.

2

This word was substituted for the words "Provincial", by the Adaptation of Laws Order, 1950. Bom.

LXI of

1947.

Powers of Corporation as to

acquisition of property.

80 Maharashtra Municipal Corporations Act [1949 : LIX

I of

1894.

Provision governing the disposal of Municipal property. l

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. *

Now see the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013).

77. (1) Whenever it is provided by this Act that the Commissioner may acquire, or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee either generally for any class of cases or specially in any particular case.

(2) Whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immoveable property, he shall do so on such terms and at such rates or prices or at rates or prices not exceeding such maxima as shall be approved by the Standing Committee as aforesaid.

(3) The Commissioner may on behalf of the Corporation acquire by agreement any easement affecting any immovable property vested in the Corporation, and the provisions of sub-sections (1) and (2) shall apply to such acquisition.

78. (1) Whenever the Commissioner is unable under section 77 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the Corporation or whenever any immovable property or any easement affecting any immovable property vested in the Corporation is required for the purposes of this Act, the¹[State] Government may, in its discretion, upon the application of the Commissioner, made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation, as if such property or easement land were needed for a public purpose within the meaning of the^*Land Acquisition Act,

103

1949 : LIX ] Maharashtra Municipal Corporations Act 81 l

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. H 610—14

of the Transport Undertaking the following provisions shall have effect, namely :—

(a) the Commissioner may, in his discretion, dispose of by sale, letting out on hire or otherwise, any moveable property belonging to the Corporation not exceeding in value in each instance five hundred rupees or such higher amount as the Corporation may, with the approval of the 1 [State] Government, from time to time determine, or grant a lease of any immoveable property belonging to the Corporation including any right of fishing or of gathering and taking fruit, and the like, for any period not exceeding twelve months at a time :

Provided that the Commissioner shall report to the Standing Committee every lease of immoveable property within fifteen days of the grant thereof unless it is a contract for a monthly tenancy or the annual rent thereof at a rack rent does not exceed three thousand rupees ;

(b) with the sanction of the Standing Committee the Commissioner may dispose of by sale, letting out on hire or otherwise any moveable property belonging to the Corporation, of which the value does not exceed five thousand rupees ; and may with the like sanction grant a lease of any immoveable property belonging to the Corporation, including any such right as aforesaid, for any period exceeding one year or sell or grant a lease in perpetuity of any immoveable property belonging to the Corporation the value of premium whereof does not exceed fifty thousand rupees or the annual rental whereof does not exceed three thousand rupees ;

(c) with the sanction of the Corporation the Commissioner may lease, sell, let out on hire or otherwise convey any property, moveable or immoveable, belonging to the Corporation ;

(d) the consideration for which any immoveable property or any right belonging to the Corporation may be sold, leased or otherwise transferred shall not be less than the current market value of such premium, rent or other consideration ;

(e) the sanction of the Standing Committee or of the Corporation under clause (b) or clause (c) may be given either generally for any class of cases or specially in any particular case ;

(f) the aforesaid provisions of this section and the provisions of the rules shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purposes of this Act :

Provided that,—

(a) no property vesting in the Corporation for the purpose of any specific trust shall be leased, sold or otherwise conveyed in such a manner that the purpose for which it is held will be prejudicially affected ;

104

82 Maharashtra Municipal Corporations Act [1949 : LIX

Mah.

XXVIII

of 1971. XXIX of

1950.

XXI of

1860.

Mah. XXIV of

1961.

18 of

2013.

(b) no property transferred to the Corporation by the Government shall be leased, sold or otherwise conveyed in any manner contrary to the terms of the transfer except with the prior sanction of the appropriate Government ;

1 [(g)

2 [notwithstanding anything contained in this section, the Commissioner may, with the sanction of the Corporation and with the approval of the State Government grant a lease, for a period not exceeding thirty years, of a land belonging to the Corporation,—

(i) which is declared as a slum area under the provisions of the Maharasthra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, to a co-operative society of eligible slum dwellers ; or as the case may be, to the eligible slum dweller individually, at a permium to be decided by the State Government and subject to the prescribed terms and conditions ; or

(ii) to persons who are dishoused as a result of the implementation of any Development Scheme of the Corporation or to the Co-operative Housing Society formed exclusively by persons who are dishoused as a result of the implementation of any Development Scheme of the Corporation ; or

(iii) to any Department or undertaking of the Government of Maharashtra or of the Government of India, for the public purpose ; or

(iv) to a public trust, society or company registered exclusively for medical and educational purposes, under the Maharashtra Public Trusts Act, or the Societies Registration Act, 1860, or the Maharashtra Co-operative Societies Act, 1960, or the Companies Act, 2013, as the case may be ; or

(v) to a public trust registered under the Maharashtra Public Trusts Act, or a society registered under the Societies Registration Act, 1860, or the Maharashtra Co-operative Societies Act, 1960, or a company registered under the Companies Act, 2013, or any person, for the purposes of the provisions of public latrines, urinals and similar conveniences or construction of a plant for processing excrementitious or other filthy matters or garbage,

at such rent, which may be less than the market value of the premium, rent or other consideration, for the grant of such lease, and subject to such conditions as the Corporation may impose. The approval of the State Government under this clause may be given either generally for any class of cases of such lands or specially in any particular case of such land:]

l

Clause (g) was added by Mah. 38 of 1987, s. 2.

2

This portion was substituted for the portion beginning with the words "notwithstanding anything contained in this section," and ending with the words "specially in any particular case of such land" by Mah. 53 of 2017, s. 2(a).

XXIX of

1950.

XXI of

1860.

Mah. XXIV of

1961.

18 of

2013.

1949 : LIX ] Maharashtra Municipal Corporations Act 83 Bom. V

of 1879.

1

This Explanation was substituted by Mah. 53 of 2017, s. 2(b). *

See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

84 Maharashtra Municipal Corporations Act [1949 : LIX

1

Chapter VIII-A was inserted by Mah. 8 of 1970, s. 2. Mah.

VIII of

1970.

1 [CHAPTER VIII-A.

POWER TO EVICT PERSONS FROM CORPORATION PREMISES.

81-A. In this Chapter,—

(a) "Commissioner", in the event of any Corporation having established or acquired, or establishing or acquiring, a Transport Undertaking, in relation to the premises of the Corporation which vest in or are held by it for the purposes of the Transport Undertaking, means the Transport Manager ;

(b) "Corporation premises", means any premises belonging to, or vesting in, or taken on lease by, the Corporation ;

(c) "regulations" means regulations made by the Commissioner under section 81-I ;

(d) "unauthorised occupation" in relation to any Corporation premises, means the occupation by any person of Corporation premises without authority for such occupation; and includes the continuance in occupation by any person of the premises after the authority under which he was allowed to occupy the premises has expired, or has been duly determined.

81-B. (1) Where the Commissioner is satisfied,—

(a) that the person authorised to occupy any Corporation premises has, whether before or after the commencement of the Bombay Provincial Municipal Corporations (Second Amendment) Act, 1969,—

(i) not paid for a period of more than two months, the rent or taxes lawfully due from him in respect of such premises ; or

(ii) sub-let, contrary to the terms and conditions of his occupation, the whole or any part of such premises ; or

(iii) committed, or is committing, such acts of waste as are likely to diminish materially the value or impair substantially the utility, of the premises ; or

(iv) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises ;

(b) that any person is in unauthorised occupation of any Corporation premises ;

(c) that any Corporation premises in the occupation of any person are required by the Corporation in the public interest, the Commissioner may, by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in Definitions.

Power to evict

persons from

Corporation

premises.

1949 : LIX ] Maharashtra Municipal Corporations Act 85 such other manner as may be provided, for by regulations, order that person, as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month of the date of the service of the notice.

(2) Before an order under sub-section (1) is made against any person, the Commissioner shall issue, in the manner hereinafter provided, a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.

The notice shall,—

(a) specify the grounds on which the order of eviction is proposed to be made, and

(b) require all persons concerned, that is to say, all persons who are or may be in occupation of, or claim interest in, the Corporation premises, to show cause against the proposed order, on or before such date as is specified in the notice.

If such person makes an application to the Commissioner for the extension of the period specified in the notice, the Commissioner may grant the same on such terms as to payment and recovery of the amount claimed in the notice, as he deems fit.

Any written statement put in by any person and documents produced, in pursuance of the notice, shall be filed with the record of the case, and such person shall be entitled to appear before the Commissioner by advocate, attorney or other legal practitioner.

The notice to be served under this sub-section shall be served in the manner provided for the service of a notice under sub-section (1); and thereupon, the notice shall be deemed to have been duly given to all persons concerned.

(3) If any person refuses or fails to comply with an order made under sub- section (1), the Commissioner may evict that person and any other person who obstructs him and take possession of the premises; and may for that purpose use such force as may be necessary.

(4) The Commissioner may, after giving fourteen clear days' notice to the person from whom possession of the Corporation premises has been taken under sub-section (3) and after publishing such notice in the Official Gazette and in at least one newspaper circulating in the locality, remove or cause to be removed, or dispose of by public auction any property remaining on such premises. Such notice shall be served in the manner provided for the service of a notice under sub-section (1).

H 610—14a

108

86 Maharashtra Municipal Corporations Act [1949 : LIX

Power to recover rent or damages as

arrears of

property tax.

(5) Where the property is sold under sub-section (4), 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 :

Provided that, where the Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he shall refer such dispute to a Civil Court of competent jurisdiction and the decision of the Court thereon shall be final.

(6) If a person, who has been ordered to vacate any premises under sub- clause (i) or (iv) of clause (a) of sub-section (1), within one month of the date of service of the notice, or such longer time as the Commissioner may allow, pays to the Commissioner the rent and taxes in arrears, or as the case may be, carries out or otherwise complies with the terms contravened by him to the satisfaction of the Commissioner, the Commissioner shall on such terms, if any (including the payment of any sum by way of damages or compensation for the contravention aforesaid), in lieu of evicting such person under sub-section (3), cancel his order made under sub-section (1); and thereupon such person shall continue to hold the premises on the same terms on which he held them immediately before such notice was served on him.

81-C. (1) Subject to any regulations made by the Commissioner in this behalf, but without prejudice to the provisions of section 81-B, where any person is in arrears of rent payable in respect of any Corporation premises, the Commissioner may, by notice served in the manner provided for service of notice under sub-section (1) of section 81-B, order that person to pay the same within such time not less than ten days as may be specified in the notice.

(2) Where any person is in unauthorised occupation of any Corporation premises, the Commissioner may, in the manner and having regard to the principles of assessment of damages provided for by the regulations assess such damages on account of the use and occupation of the premises as he may deem fit, and may, by notice served in the manner referred to in sub- section (1), order that person to pay the damages within such time as may be specified in the notice.

(3) If any person refuses or fails to pay, within the time specified in the notice, the arrears of rent under sub-section (2), or damages under sub-section (2), the Commissioner may recover the amount of rent, or as the case may be, of damages, in the same manner as the general or property tax due from such person.

(4) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling upon him to show cause, within a

109

1949 : LIX ] Maharashtra Municipal Corporations Act 87 Rent to be

recovered by

deduction

from salary or

wages in case

of Corporation

employees.

Commissioner

to have

powers of

Civil Court.

5 of

1908.

Appeals. reasonable period to be specified in such notice, why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Commissioner.

81-D. Without prejudice to the provisions of section 81-B, in the case of any person who is an employee of the Corporation and who has been allotted any Corporation premises, the amount of rent due by him in respect of such premises shall, on a requisition in writing made in this behalf by the Commissioner to the Head of the Corporation Department or Officer under whom such person is employed, be liable to be deducted from the salary or wages payable to such person. On receipt of such requisition, the Head of such Department or Officer, as the case may be, shall deduct from the salary or wages payable to such person the amount specified in the requisition and pay the amount so deducted to the Commissioner in satisfaction of the rent due by him.

81-E. The Commissioner shall, for the purpose of holding any inquiry under this Chapter, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely :—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed by regulations made under section 81-I.

81-F. (1) An appeal shall lie from every order of the Commissioner, made in respect of any Corporation premises, under section 81-B or section 81-C, to an appellate officer, who shall be the District Judge or such other judicial officer in the City of not less than ten years' standing, as the District Judge may designate in this behalf.

(2) An appeal under sub-section (1) shall be preferred,—

(a) in the case of an appeal from an order under section 81-B, within thirty days from the date of the service of the notice relating to the order under sub-section (1) of that section, and

(b) in the case of an appeal from an order under section 81-C, within thirty days from the date of the service of the notice relating to the order under sub-section (1) or (2) of that section, as the case may be :

Provided that, the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

110

88 Maharashtra Municipal Corporations Act [1949 : LIX

(3) Where an appeal is preferred from an order of the Commissioner, the appellate officer may stay the enforcement of that order for such period, and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.

81-G. Save as otherwise expressly provided in this Chapter, every order made by the Commissioner or the appellate officer under this Chapter shall be final, and shall not be called in question in any original suit, application or execution proceeding.

81-H. Subject to the provisions of this Chapter, no Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person from any Corporation premises on any of the grounds specified in section 81-B or the recovery of the arrears of rent or the damages payable for use or occupation of such premises.

81-I. The Commissioner, with the approval of the Standing Committee, and the Transport Manager, with the approval of the Transport Committee, as the case may be, may make regulations for all or any of the following matters, namely :—

(a) the forms of notices under sections 81-B and 81-C and for prescribing the other manner in which they may be served under those sections;

(b) the holding of inquiries under this Chapter ;

(c) the procedure to be followed in taking possession of any Corporation premises under section 81-B ;

(d) the manner in which the damages under section 81-C may be assessed and the principles which may be taken into account in assessing such damages ;

(e) the manner in which appeals may be preferred under section 81-F and the procedure to be followed in such appeals ;

(f) any other matter which has to be, or may be, prescribed under this Chapter by regulations.

81-J. Any person, who obstructs the lawful exercise of any power conferred by or under this Chapter, shall, on conviction, be punished with fine which may extend to one thousand rupees.]

Finality of

orders.

Bar of

jurisdiction.

Power to

make

regulations.

Penalty for

obstructing

lawful

exercise of

power under

this Chapter.

111

1949 : LIX ] Maharashtra Municipal Corporations Act 89

1

Section 82A was inserted by Mah. 63 of 1975, s. 7.

2

This proviso was added by Mah. 41 of 1994, s.69. * The short title was amended as '' the Maharashtra Entertainments Duty Act '' by Mah. 24 of 2012, Sch.

Mah.

XLI of

1966.

Bom. 1 of 1923. Bom.

LXI of

1947.

CHAPTER IX.

T HE MUNICIPAL FUND AND OTHER FUNDS.

The Municipal Fund.

82. Subject to the provisions of this Act and the rules and subject to the provisions of section 44 of the Bombay Primary Education Act, 1947,—

(a) all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other law for the time being in force, or under any contract,

(b) all proceeds of the disposal of property by or on behalf of the Corporation,

(c) all rents accruing from any property of the Corporation,

(d) all moneys raised by any tax levied for the purposes of this Act,

(e) all fees and fines payable and levied under this Act or under any rule, by-law, regulation or standing order other than fines imposed by a Court,

(f) all moneys received by way of compensation or for compounding offences under the provisions of this Act,

(g) all moneys received by or on behalf of the Corporation from the Government or public bodies, private bodies or private individuals by way of grant or gift or deposit, subject, however, to the conditions, if any, attached to such grant, gift or deposit, and

(h) all interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Corporation, shall be credited to a fund which shall be called " the Municipal Fund" and which shall be held by the Corporation in trust for the purposes of this Act, subject to the provisions herein contained.

1 [82A. The State Government may, under appropriation duly made in this behalf, make a grant to each Corporation every year of such amount as it may, from time to time, determine, having regard to the proceeds of the land revenue and non-agricultural assessment levied and collected under the Maharashtra Land Revenue Code, 1966 and the entertainments duty levied and collected under the *Bombay Entertainments Duty Act, 1923, by it in the area within the jurisdiction of the Corporation. The grant shall be made in such manner and shall be subject to such terms and conditions, as the State Government may, from time to time, determine. All moneys received by the Corporation by way of such grants shall be^:credited to the Municipal Fund:

2 [Provided that it shall be competent for the State Government to deduct,—

(a) from the grants made by the State Government, or

(b) from any sum representing grant-in-aid or the share of the Corporation in the net proceeds of the taxes, duties, tolls and fees levied by the State and distributed by the State Government on the recommendation of the Finance Commission,

Annual grant

by State

Government

from proceeds

of land

revenue, non-

agricultural

assessment

and

entertainment

duty.

Constitution

of Municipal

Fund.

90 Maharashtra Municipal Corporations Act [1949 : LIX

113

1949 : LIX ] Maharashtra Municipal Corporations Act 91 Restriction on

expenditure

from

Municipal

Fund.

H 610—15

86. (1) Except as hereinafter provided, no payment of any sum shall be made by the Commissioner out of the Municipal Fund, unless the expenditure of the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made under the rules.

(2) The following items shall be excepted from the prohibition in sub-section (1), namely :—

(a) sums of which the expenditure has been sanctioned by the Standing Committee under section 102;

(b) temporary payments under section 90 for works urgently required in the public service;

(c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;

(d) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the Municipal Fund by mistake;

(e) sums which under any provision of this Act or any other enactment are payable by way of compensation;

(f) sums payable in any of the circumstances mentioned in clause (h) of section 88;

(g) expenses incurred by the Commissioner in the exercise of the powers conferred upon him by section 319;

(h) costs incurred by the Commissioner under clause (c) of sub-section

(3) of section 67.

87. Whenever any sum is expended by the Commissioner under clause (e), (f), (g) or (h) of sub-section (2) of section 86 he shall forthwith communicate the circumstances to the Standing Committee, who shall take such action under the rules or recommend the Corporation to take, under section 101 or under the rules, such action as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.

88. The moneys from time to time credited to the Municipal Fund shall be applied in payment of all sums, charges and costs necessary for carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act or of any other law for the time being in force inclusive of,—

(a) the expenses of every ward election ; Procedure

when money

not covered

by budget

grant is

expended

under clause

(e), (f), (g) or

(h) of sub-section (2) of section 86. Purpose for which

Municipal

Fund is to be applied.

114

92 Maharashtra Municipal Corporations Act [1949 : LIX

115

1949 : LIX ] Maharashtra Municipal Corporations Act 93 Constitution

of Special

Funds.

Establishment

of

Consolidated

Water

Supply and

Sewage

Disposal

Loan Fund.

Establishment

of Water and

Sewage Fund.

116

94 Maharashtra Municipal Corporations Act [1949 : LIX

117

1949 : LIX ] Maharashtra Municipal Corporations Act 95

1

The proviso was added by Mah. 28 of 1990, s. 8. Estimates of

income and

expenditure

to be

prepared

annually by

Com-

missioner.

Bom.

LXI of

1947.

Accounts to be kept in forms

prescribed by Standing

Committee. Preparation of annual administ- ration report and

statement of accounts.

(2) All such deposits and investments shall be made by the Commissioner on behalf of the Corporation with the sanction of the Standing Committee and, with the like sanction, the Commissioner may at any time withdraw any deposit so made or dispose of any securities and redeposit or reinvest the money so withdrawn or the proceeds of the disposal of such securities.

(3) The loss, if any arising from any such deposit or investment shall be debited to the Municipal Fund.

Accounts.

93. Subject to the provisions of section 361 of the Bombay Primary Education Act, 1947, and the rules made thereunder, accounts of the receipts and expenditure of the Corporation shall be kept in such manner and in such forms as the Standing Committee shall from time to time direct :

1 [Provided that, the accounts of the Consolidated Water Supply and Sewage Disposal Loan Fund and the Water and Sewage Fund shall be maintained on the accrual basis, unless otherwise directed by the Standing Committee.]

94. (1) The Commissioner shall, as soon as may be after each first day of April, have prepared a detailed report of the municipal administration of the City, other than the administration of the Transport Undertaing, during the previous official year, together with a statement showing the amount of the receipts and disbursements credited and debited to the Municipal Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Standing Committee.

(2) The report shall be in such from and shall contain such information as the Standing Committee may from time to time direct.

(3) After examination and review of the report and statement by the Standing Committee a printed copy of such report and statement together with copy of the Committee's review shall be forwarded to the usual or last known local place of abode of each councillor by such date as the Standing Committee may from time to time prescribed and copies thereof shall be placed on sale at the municipal office at such price as the Commissioner may fix.

Annual Budget Estimate.

95. The Commissioner shall each year on or before such date as the Corporation may from time to time prescribe have prepared and lay before the Standing Committee, in such form as the Committee shall from time to time approve,—

(a) an estimate, classified in accordance with the rules, of the expenditure when must or should, in his opinion, be incurred by the Corporation in the next official year from the Municipal Fund including

96 Maharashtra Municipal Corporations Act [1949 : LIX

119

1949 : LIX ] Maharashtra Municipal Corporations Act 97 Budget

estimates to

be prepared

by Standing

Committee.

(2) The Standing Committee or, as the case may be, the Transport Committee shall examine the report and place it before the Corporation with its recommendations, if any.

Explanation.—A service shall be construed as being provided in a subsidised manner if its total cost, comprising the expenditure on operation and maintenance and adequate provision for depreciation of assets and for debt servicing, exceeds the income relatable to the rendering of that service.]

96. (1) The Standing Committee shall consider the estimates and proposals of the Commissioner and after having obtained from the Commissioner such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom subject to such modifications and additions therein or thereto as it thinks fit¹[two budget estimates for the next official year, as follows :—

(a) budget estimate ' A' of the income and expenditure other than,—

(i) the income and expenditure for the purposes of Chapters XII and XIII ;

(ii) the income and expenditure in respect of the Transport Undertaking ;

(b) budget estimate ' C ' of the income and expenditure for the purposes of Chapters XII and XIII.]

(2) In budget estimate "A" the Standing Committee shall,—

(a) propose with reference to the provisions of Chapter XI such rates and extent of municipal taxes as it thinks fit;

(b) allow for the appropriation to any special fund of the sum estimated by the Commissioner, revised²[other than those referred to in clause (a) of sub-section (2A)] as it thinks proper ;

(c) provide for payment, as they fall due, of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act other than sums and instalments of principal, and interest for which the Corporation may be liable by reason of the acquisition, extension, administration, operation and maintenance of the Transport Undertaking ;

(d) provide for such expenditure, if any, as it considers necessary to defray from the balance in any special fund ;

(e) allow for a cash balance at the end of the said year exclusive of the balance, if any, of any special fund of not less than one lakh of rupees or such smaller amount as the³[State] Government may from time to time approve.

4 [(2A) In budget estimate ' C ' the Standing Committee shall,—

(a) propose with reference to the provisions of Chapter XI such rates and extgent of such municipal taxes, namely, water tax, water benefit tax, sewerage tax, and sewerage benefit tax, or, where applicable conservancy tax, as it thinks fit for the purposes of Chapters XII and XIII ;

(b) state the estimate of receipt of the aforesaid taxes or of any other receipts ;

(c) provide for payment as they fall due, of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act in respect of matters falling under Chapters XII and XIII ;

(d) provide for such expenditure, if any, as the Commissioner considers necessary to be incurred by the Corporation in the next official year for the purposes of Chapters XII and XIII.]

4

98 Maharashtra Municipal Corporations Act [1949 : LIX

(3) The Commissioner shall cause the budget estimate framed by the Standing Committee to be printed and shall, by such date as the Corporation may from time to time prescribe, forward a printed copy thereof to the usual or last known local place of abode of each councillor.

(4) The budget estimate framed by the Standing Committee shall be laid before the Corporation and it shall proceed to consider the same within fifteen days of the date referred to in sub-section (3).

97. The Transport Manager shall each year, on or before such date as the Corporation may from time to time fix, have prepared and lay before the Transport Committee, in such forms as the Committee shall from time to time approve,—

(a) an estimate, classified in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next ensuing official year on account of the Transport Undertaking and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund;

(b) an estimate of all balances, if any, which will be available for reappropriation or expenditure at the commencement of the next ensuing official year, and an estimate of the amounts to be transferred to the Municipal Fund during the next ensuing financial year under sections 359 and 360;

(c) an estimate of the Corporation's receipts and income from the Transport Undertaking in the next ensuing official year. Explanation.—The balance, if any, available in any special fund shall not be deemed to be available for reappropriation or expenditure at the commencement of the next official year under clause (b) except in relation to expenditure which may be met from such fund under the rules, and the Transport Manager shall determine whether the whole or any part of such balance shall be taken into account as available for expenditure at the commencement of the next official year.

98. (1) The Transport Committee shall consider the estimates of the Transport Manager and, after having obtained from the Transport Manager such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom, subject to such modifications and additions therein or thereto as it shall think fit, a budget estimate, to be called " budget" estimate ' B ' of the income and expenditure for the next official year to be received and incurred in respect of the Transport Undertaking.

(2) In budget estimate ' B ' the said Committee shall,—

(a) provide for the payment, as they fall due, of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act by reason of the acquisition, extension, administration, operation and maintenance of the Transport Undertakings;

(b) allow for the appropriation to any special fund of the sum estimated by the Transport Manager, revised as it thinks proper ;

(c) allow for amounts to be transferred during the next ensuing official year to the Municipal Fund as provided in sections 359 and 360 ; Estimates of

expenditure

and income of

the Transport

Undertaking

to be prepared

annually by

Transport

Manager.

Budget

Estimate 'B'

to be prepared

by Transport

Committee.

121

1949 : LIX ] Maharashtra Municipal Corporations Act 99

122

100 Maharashtra Municipal Corporations Act [1949 : LIX

1

These words, brackets, figures and letters were substituted for the words, brackets and figures "sub-section (2) of section 96" by Mah. 28 of 1990, s. 11(b).

2

Section 100A was inserted by Mah. 32 of 2011, s. 27. 1 [sub-section (2) and for the matters specified in clause (c) of sub-section (2A) of section 96] and for each of the matters specified in clauses (a), (c) and (e) of sub-section (2) of section 98, as the case may be :

Provided futher that if the budget estimates are not finally adpoted by the Corporation on or before the thirty-first day of March the estimates as recommended by the Standing Committee or the Transport Committee, as the case may be, shall be deemed to be budget estimate finally adopted by the Corporation until the estimates are so adopted.

2 [100A. Notwithstanding anything contained in this Act, if for any reason the Standing Committee has not laid budget estimates before Corporation, due to which or otherwise the Corporation has not finally adopted the budget estimates before the commencement of the official year to which they relate, the estimates of income and expenditure prepared by the Commissioner under section 95 shall be deemed to be the budget estimates for the year until the Corporation duly adopts the budget estimates as per the provisions of this Act.]

101. (1) On the recommendation of the Standing Committee in the case of expenditure from the Municipal Fund and the Transport Committee in the case of expenditure from the Transport Fund, the Corporation may from time to time during an official year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforesseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year exclusive of the balance, if any, of any special fund shall be reduced below one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund.

(2) Such increased or additional budget grants shall be deemed to be included in the budget estimates adopted by the Corporation for the year in which they are made.

102. If the whole budget grant or any portion thereof remains unexpended at the close of the year in the budget estimates for which such grant was included, and if the amount thereof has not been taken into account in the opening balance of the Municipal Fund or the Transport Fund, as the case may be, entered in the budget estimates of any of the two following years, the Standing Committee or the Transport Committee, as the case may be, may sanction the expenditure of such budget grant or such unexpended portion thereof, as the case may be, during the next two following years for the completion, according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.

Estimates of

income and

expenditure

deemed to be

budget

estimates.

Corporation

may increase

amount of

budget grants

and make

additional

grants.

Provisions as

to unexpended

budget grants.

1949 : LIX ] Maharashtra Municipal Corporations Act 101 Reductions or

transfers.

Readjustment

of income

and

expenditure

to be made

by the

Corporation

during

course of

official year

whenever

necessary.

103. Reduction in and transfers from one budget head to another or within a budget head shall be made in accordance with the rules.

104. (1) If it shall at any time during any official year appear to the Corporation upon the representation of the Standing Committee or the Transport Committee that, notwithstanding any reduction of budget grants that may have been made by the Appropriate Committee under the rules, the income of the Municipal Fund or the Transport Fund, as the case may be, during the said year will not suffice to meet the expenditure sanctioned in the budget estimates of the said year as so reduced and to leave at the close of the year a cash balance exclusive of the balance, if any, of any Special Fund of not less than one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund, it shall be incumbent on the Corporation to sanction forthwith any measure which shall be necessary for proportioning the year's income to the expenditure.

(2) For this purpose the Corporation may diminish the sanctioned expenditure of the year, so far as it may be possible so to do with due regard to the provisions of this Act or to the obligations pertaining to the Transport Undertaking, or have recourse to suplementary taxation or a revision of fares and charges levied in respect of the Transport Undertaking, as the case may be.

Scrutiny and Audit of Accounts.

105. (1) The Municipal Chief Auditor shall conduct a weekly examination and audit of the municipal accounts and shall report thereon to the Standing Committee who may also from time to time and for such period as it thinks fit conduct independently an examination and audit of the municipal accounts.

(2) For these purposes the Standing Committee and the Municipal Chief Auditor shall have access to all the municipal accounts and to all records and correspondence relating thereto, and the Commissioner shall forthwith furnish to the Standing Committee or the Municipal Chief Auditor any explanation concerning receipts and disbursements which they may call for.

106. (1) The Municipal Chief Auditor shall,—

(a) report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts ;

(b) furnish to the Standing Committee such information as the said Committee shall from time to time require concerning the progress of the audit.

Weekly

scrutiny of

accounts by

Municipal

Chief Auditor

and scrutiny

of accounts by

the Standing

Committee.

Report by the

Chief Auditor.

H 610—16a

124

102 Maharashtra Municipal Corporations Act [1949 : LIX

1

Section 107A was inserted by Mah. 12 of 2011, s. 6.

2

This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950. Bom.

XXV of

1930.

(2) The Standing Committee shall cause to be laid before the Corporation every report made by the Municipal Chief Auditor to the Standing Committee and every statement of the views of the Municipal Chief Auditor or any matter affecting the pursuance and exercise of the duties and powers assigned to him under this Act which the Municipal Chief Auditor may require the Standing Committee to place before the Corporation, together with a report stating what orders have been passed by the Standing Committee upon such report or statement, and the Corporation may take such action in regard to the matters aforesaid as the Corporation may deem necessary.

(3) As soon as may be after the commencement of each official year the Municipal Chief Auditor shall deliver to the Standing Committee a report upon the whole the municipal accounts for the previous official year.

(4) The Commissioner shall cause the said report to be printed and forward a copy thereof to each councillor along with the printed copy of the Administration Report and Statement of Accounts referred to in section 94.

107. Sections 105 and 106 shall apply to the accounts of the Transport Fund as if,—

(i) for the words " Standing Committee " wherever they occur the words " Transport Committee " and for the word " Commissioner "

wherever it occurs the words " Transport Manager " had been substituted; and

(ii) for the figures " 94 " in sub-section (4) of section 106 the figures

" 362 " had been substituted. 1 [107A. The State Government shall cause the annual accounts of the Corporation, including the Accounts of the Transport Undertaking, if any, to be audited by the Director, Local Fund Accounts Audit. On receipt of the report from the Director, Local Fund Accounts Audit of such audit, the State Government shall forward it to the Commissioner. The Commissioner shall cause, the report of such audit to be laid before the General Body of the Coporation within three months from the date of its receipt. The Commissioner shall, thereafter, take further necessary action on the report as per the provisions of the Maharashtra Local Fund Audit Act.]

108. (1) The²[State] Government may at any time appoint an auditor for the purpose of making a special audit of the municipal accounts including the accounts of the Transport Undertaking and of reporting thereon to the 2 [State] Government and the costs of any such audit as determinted by the 2 [State] Government shall be chargeable to the Municipal Fund or the Transport Fund, as the case may be.

(2) An auditor so appointed may exercise any power which the Municipal Chief Auditor may exercise.

Application of

sections 105

and 106 to

accounts of

Transport

Fund.

Power of

State

Government

to require

audit by

Director,

Local Fund

Accounts

Audit.

A special

audit may be

directed by

1949 : LIX ] Maharashtra Municipal Corporations Act 103

126

104 Maharashtra Municipal Corporations Act [1949 : LIX

1

Section 109A was inserted by Mah. 32 of 2011, s.28. allowances of any municipal officers or servants other than those who are exclusively employed upon the work for the construction of which the money was borrowed :

Provided that, such share of the cost on account of the salaries and allowances of municipal officers or servants employed in part upon the preparation of plans and estimates or the construction or supervision of or upon the maintenance of the accounts of such work as the Standing Committee may fix may be paid out of the sum so borrowed or re- borrowed.

1 [109A. Notwithstanding anything contained in section 109, except with the prior approval of the State Government, neither any internal loan shall be taken by the Corporation from any of the funds created by the Corporation nor shall any utilisation of such funds for any purposes other than the purposes for which the funds are created be made by the Corporation.]

110. Notwithstanding anything contained in section 109 the Corporation may borrow for the purposes of this Act from any bank or banks in which the surplus money at the credit of the Municipal Fund or the Transport Fund may be deposited, against any public securities in which for the time being the cash balances of the Corporation may be invested.

111. Every loan raised by the Corporation under section 109 shall be repaid within the time approved under proviso (ii) to sub-section (1) of the said section and by such of the following methods as may be approved under the said proviso, namely :—

(a) by payment from a sinking fund established under section 112 in respect of the loan ;

(b) by equal payments of principal and interest ;

(c) by equal payments of principal ;

(d) in the case of a loan borrowed before the appointed day by annual drawings if such method was in operation for the repayment of such loan immediately before such day ;

(e) from any sum borrowed for the purpose under section 109(1)(b) ; or

(f) partly from a sinking fund established under section 112 in respect of the loan and partly from money borrowed for the purpose under section 109 (1)(b).

112. (1) Whenever the repayment of a loan from a sinking fund has been sanctioned under proviso (ii) to sub-section (1) of section 109, the Corporation shall establish such a fund and shall pay into it, on such dates as may have been approved under the said proviso, such sum as will, with Power of

Corporation

to borrow

from banks

against public

securities.

When and

how loan shall

be repaid.

Maintenance

and

application of

sinking fund.

Restrictions

on utilisation

of funds

created by

Corporation.

1949 : LIX ] Maharashtra Municipal Corporations Act 105

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. accumulations of compound interest, be sufficient after payment of all expenses to pay off the loan within the period approved :

Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that is allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then with the permission of the¹[State] Government further payments into such fund may be discontinued.

(2) The Corporation may apply a sinking fund, or any part thereof, in or towards the discharge of the loan for which such fund was established and, until such loan or part is wholly discharged, shall not apply the same for any other purpose.

113. (1) All money paid into a sinking fund shall within one month of the date on which the payment was due to be made under sub- section (1) of section 112 be invested in public securities.

(2) All interest and other sums received in respect of any such investment shall be paid into the sinking fund and shall, within one month of receipt, be invested in the manner prescribed by sub-section (1).

(3) Money standing to the credit of two or more sinking funds may, at the discretion of the Corporation, be invested in a common fund, and it shall not be necessary for the Corporation to allocate the securities held in such investment among the several sinking funds.

(4) When any part of a sinking fund is invested in debentures issued by the Corporation or is applied in paying off any part of a loan before the period fixed for repayment, the interest which would otherwise have been payable on such debenture or on such part of the loan shall be paid into the sinking fund and invested in the manner laid down in sub-section (1).

(5) Any investment made under sub-section (1) may be varied from time to time or may be transferred from one sinking fund to another :

Provided that the fund from which the transfer is made shall be reimbursed the value of such investment as on the date on which the transfer is made.

(6) During the year in which the loan for the repayment of which a sinking fund is established is due for repayment, the sum to be set apart as portion of the principal of such sinking fund and the sum received on account of interest on moneys forming part of such sinking fund may be retained by the Corporation in such form as it thinks fit.

114. (1) In respect of any sinking funds which by this Act the Corporation is directed or authorised to invest in public securities and in respect of any surplus moneys which by this Act the Commissioner or the Transport Manager on behalf of the Corporation is empowered to invest in like securities, it shall be lawful for the Corporation to reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the¹[State] Government shall have been duly obtained :

Investment of

sinking fund.

Investment of

sinking fund

and surplus

moneys in

debentures

issued by

Corporation.

106 Maharashtra Municipal Corporations Act [1949 : LIX

1

This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.

2

These words were substituted for the words " the Accountant General, Bombay," by Mah. 42 of 1976, s.18.

Provided that the intention so to reserve and set apart such debentures shall have been notified to the¹[State] Government as a condition of the issue of the loan.

(2) The issue of any such debentures direct to and in the name of the Municipal Commissioner or the Transport Manager of the Transport Undertaking on behalf of the Corporation shall not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respects as if issued to and in the name of any other person.

(3) The purchase by, or the transfer, assignment or endorsement to, the Corporation or to the Commissioner or Transport Manager on behalf of the Corporation of any debenture issued by the Corporation shall not operate to extinguish or cancel any such debenture, but the same be valid and negotiable in the same manner and to the same extent as if held by, or transferred, assigned or endorsed to, any other person.

115. (1) All sinking funds established or maintained under this Act shall be subject to annual examination by²[the Chief Auditor, Local Fund Accounts] who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.

(2) The amount which should be at the credit of a sinking fund shall be calculated on the basis of the present value of all future payments required to be made to such fund under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom.

(3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current market value, except in the case of debentures issued under this Act or for any loan raised before the appointed day for which the Corporation is liable which shall always be valued at par, provided that, the Corporation shall make good immediately any loss which may accrue on the actual sale of such debentures at the time of repayment of the loan.

(4) The Corporation shall forthwith pay into any sinking fund any amount which²[the Chief Auditor, Local Fund Accounts] may certify to be deficient, unless the¹[State] Government specially sanctions a gradual readjustment.

(5) If the cash and the value of the securities at the credit of any sinking fund are in excess of the amount which should be at its credit,²[the Chief Auditor, Local Fund Accounts] shall certify the amount of such excess sum and the Corporation may thereupon transfer the excess sum to the Municipal Fund :

Annual

examination

of sinking

funds.

1949 : LIX ] Maharashtra Municipal Corporations Act 107

1

These words were substituted for the words " the Accountant General, Bombay," by Mah. 42 of 1976, s. 18.

2

This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950. Provided that the Corporation may transfer such excess sum or portion thereof as it may determine to the Transport Fund if the sinking fund from which the transfer is made pertains to a loan which has been raised in whole or part for the purposes of the Transport Undertaking.

(6) If any dispute arises as to the accuracy of any certificate made by 1 [the Chief Auditor, Local Fund Accounts] under sub-sections (4) and (5) the Corporation may, after making the payment or transfer, refer the matter to the²[State] Government, whose decision shall be final.

116. In the case of all loans raised before the appointed day for which the Corporation is liable the following provisions shall apply :—

(a) if when such loans were raised the loans were made repayable from sinking funds, the Corporation shall establish sinking funds for the repayment of such loans and shall pay into such funds such sums on such dates as may have been fixed when the loans were raised ;

(b) all securities and cash held on the date immediately preceding the appointed day in sinking funds established for the repayment of such loans shall be held by the Corporation as part of the sinking funds established under clause (a) ;

(c) the provisions of section 112 shall apply to such sinking funds ;

(d) if when any such loans were raised the loans were made repayable by equal payments of principal and interest or by equal payments of principal or by annual drawings, the Corporation shall make such payments or annual drawings on such dates and in such manner as may have been fixed when the loans were raised ;

(e) the provisions of section 117 shall apply to such loans.

117. (1) If any money borrowed by the Corporation or any interest or costs due in respect thereof is or are not repaid according to the conditions of the loan, the²[State] Government, if it has itself given the loan, may, and in other cases shall, on the application of the lender, attach the Municipal Fund or the Transport Fund or a portion of the Municipal Fund or the Transport Fund.

(2) After such attachment no person, except an officer appointed in this behalf by the²[State] Government, shall in any way deal with the attached Fund or portion thereof ; but such officer may do all acts in respect thereof which any municipal authority, officer or servant might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interest and cost due in respect thereof and of all expenses caused by the attachment and subsequent proceedings :

Provided that, no such attachment shall defeat or prejudice any debt for which the Fund or portion thereof attached was previously pledged in Provisions for

loans raised

before the

appointed

day.

Attachment of

Municipal

Fund or

Transport

Fund in

default of

repayment of

loan.

H 610—17

108 Maharashtra Municipal Corporations Act [1949 : LIX

1

This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950. IX of

1949 : LIX ] Maharashtra Municipal Corporations Act 109 satisfaction of the loss, theft or destruction and of the justice of the claim, obtain from him an order,—

(a) if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),—

(i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture, and

(ii) for the issue of a duplicate debenture payable to the applicant, or

(b) if the debenture alleged to have been lost, stolen or destroyed is payable not more than six years after the date of publication of the notification referred to in sub-section (2),—

(i) for the payment of interest in respect of the debenture without the issue of a duplicate debenture, and

(ii) for the payment to the applicant of the principal sum due in respect of the debenture on or after the date on which the payment becomes due.

(2) An order shall not be passed under sub-section (1) until after the issue of such notification of the loss, theft or destruction of the debenture as may be prescribed by the Corporation, and after the expiration of such period as may be prescribed by the Corporation nor until the applicant has given such indemnity as may be required by the Corporation against the claims of all persons deriving title under the debenture lost, stolen or destroyed.

(3) A list of the debentures in respect of which an order is passed under sub-section (1) shall be published in the Official Gazette.

(4) If at any time before the Corporation becomes discharged under the provisions of section 124 from liability in respect of any debenture the whole of which is alleged to have been lost, stolen or destroyed, such debenture is found, any order passed in respect thereof under this section shall be cancelled.

122. (1) A person claiming to be entitled to a debenture issued under this Act may, on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner, obtain a renewed debenture payable to the person applying.

(2) Where there is a dispute as to the title to a debenture issued under this Act in respect of which an application for renewal has been made, the Commissioner may,—

(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party,

(b) refuse to renew the debenture until such a decision has been obtained, or

Renewal of

debentures.

H 610—17a

132

110 Maharashtra Municipal Corporations Act [1949 : LIX

133

1949 : LIX ] Maharashtra Municipal Corporations Act 111

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

(b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof ; and

(c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section

112 Maharashtra Municipal Corporations Act [1949 : LIX

1

Clauses (a), (aa) and (aaa) were deleted by Mah. 42 of 2017, s. 36.

2

Clause (b) was deleted by Mah. 16 of 1975, Schedule II.

1949 : LIX ] Maharashtra Municipal Corporations Act 113

1

This sub-section was inserted by Bom. 65 of 1958, s. 25, Third Schedule.

2

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

3

This word was substituted for the portion "Government of India Act, 1935", by the Adaptation of Laws Order, 1950.

4

Clause (2) was deleted by Mah. 10 of 2010, s. 2 (1).

5

The words "Octroi and" were deleted by Mah. 42 of 2017, s. 37.

6

This heading was substituted for the heading "Property Taxes leviable", ibid, s. 2 (2).

7

Section 128A was inserted, by Mah. 10 of 2010, s. 3. *

Clause (f) of sub-section (2) and sub-section (4) of section 127 stand unmodified by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. 1 [(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), no tax or toll shall be levied on motor vehicles save as provided in section 20 of the Bombay Motor Vehicles Tax Act, 1958].

(3) The Municipal taxes shall be assessed and levied in accordance with the provisions of this Act and the rules. * (4) Nothing in this section shall authorise the imposition of any tax which the²[State] Legislature has no power to impose in the²[State] under the³[Constitution].

128. A Municipal tax may be recovered by the following processes in the manner prescribed by rules :—

(1) by presenting a bill,

(2) ⁴* * * *

(3) by distraint and sale of a defaulter's movable property,

(4) by the attachment and sale of a defaulter's immovable property,

(5) in the case of⁵* * toll, by the seizure and sale of goods and vehicles,

(6) in the case of property tax by the attachment of rent due in respect of the property,

(7) by suit.

PROPERTY TAXES.

6 [Property taxes leviable on reteable value or capital value.] 7 [128A. (1) Poperty taxes leviable on buildings and lands in the City under this Act shall include water tax, water benefit tax, sewerage tax, sewerage benefit tax, general tax, education cess, street tax and betterment charges.

(2) For the purposes of levy of property taxes, the expression " building "

includes a flat, a gala, a unit or any portion of the building. Bom. LXV

of 1958.

Manner of

recovering

Municipal

Taxes.

Property

taxes what to

consist.

114 Maharashtra Municipal Corporations Act [1949 : LIX

1

This marginal note was substituted by Mah. 10 of 2010., s. 4 (1).

2

Section 129 was re-numbered as sub-section (1) thereof, by Mah. 10 of 2010, s. 4 (2).

3

These words were substituted for the portion beginning with the words "For the purposes"

and ending with the words "taxes which", by Mah. 10 of 2010, s. 4 (2) (A) (i).

4

These words were inserted, by Mah. 10 of 2010, s. 4 (2) (a) (ii).

5

Clause (aa) was inserted by Mah. 28 of 1990, s. 12 (a).

6

These words were inserted by Mah. 10 of 2010, s. 4 (2) (A) (iii), (iv) and (v).

7

These clauses were substituted for clause (b) by Mah. 28 of 1990, s. 12 (b).

(3) All or any of the property taxes may be imposed on a graduated scale.

(4) Save as otherwise provided in this Act, it shall be lawful for the Corporation to continue to levy all or any of the property taxes on the rateable value of buildings and lands until the Corporation adopts levy of any or all the property taxes on such buildings and lands on the capital value thereof under sub-section (2) of section 129.]

129. ²[(1)] ³[The following property taxes shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City :—

(a) a water tax at such percentage of their rateable value⁴[or their capital value as the case may be,] as the Corporation shall deem reasonable, for providing a water supply for the City ;

5 [(aa) an additional water tax which shall be called " the water benefit tax " at such percentage of their rateable value⁶[or their capital value as the case may be,] as the Corporation may consider necessary for meeting the whole or part of the expenditure incurred or to be incurred on capital works for making and improving the facilities of water supply ;] 7 [(b) conservancy tax or the sewerage tax at such percentage of their rateable value⁶[or their capital value as the case may be,] as the Corporation may consider necessary for the collection, removal and disposal of human waste and other wastes ;

(bb) an additional conservancy or sewerage tax which shall be called

" the sewerage benefit tax " at such percentage of their rateable value⁶[or their capital value as the case may be,] as the Corporation may consider necessary for meeting the whole or a part of the expenditure incurred or to be incurred on capital works for making and improving the facilities for the collection, removal and disposal of human waste and other waste ;] 1 [Property

taxes leviable

on rateable

value, or on

capital value,

as the case

may be, and

at what rate].

1949 : LIX ] Maharashtra Municipal Corporations Act 115

138

116 Maharashtra Municipal Corporations Act [1949 : LIX

1

This proviso was inserted by Mah. 11 of 2011, s. 8(a).

2

This proviso was inserted by Mah. 27 of 2010, s. 11(1).

3

This word was substituted for the word "further" by Mah. 11 of 2011, s. 8(b).

4

These words were substituted for the words "Provided further that" by Mah. 27 of 2010, s.

11(2).

5

Section 129-1A was inserted by Mah. 19 of 2006, s. 4.

(ii) in respect of building or land used for non-residential purposes, three times,

the amount of the property tax leviable in respect thereof in the year immediately preceding such date :

1 [Provided further that, where the property taxes levied in respect of any residential or non-residential building or portion thereof were on the basis of annual letting value arrived at considering leave and licence charges, by whatever name called, then for the purposes of the first proviso, it shall be lawful for the Commissioner to ascertain such tax leviable during such immediately preceding year, as if such building or portion thereof were self- occupied and had been so entered in the assessment book :] 2 [Provided 3 [also] that, the Corporation may determine different rates of property tax for different categories of user of a building or land or a part thereof :]

4 [Provided also that ] the property tax levied on the basis of capital value of any buildings or lands, on revision made under sub-rule (3) of rule 7A of the TAXATION RULES in Chapter VIII of Schedule 'D', shall not in any case exceed 40 per centum of the amount of the property tax payable in the year immediately preceding the year or such revision :

Provided also that, for the period of five years commencing from the year of adoption of capital value as the base for levy of property tax under this sub-section, the amount of property tax leviable in respect of a residential building or residential tenement, having carpet area of 46.45 sq. meters (500 sq. feet) or less, shall not exceed the amount of property tax levied and payable in the year immediately preceding the year of such adoption of capital value as the basis.

Explanation.—For the purposes of this section, after the Corporation adopts the capital value as the basis of levy of property tax, the property tax in respect of any taxable building shall be revised after every five years and on each such revision, such amount of property tax, shall not in any case exceed the forty per cent. of the amount of the property tax levied and payable in the year immediately preceding the year of the revision.] 5 [129-1A. Notwithstanding anything contained in section 129 or any other provisions of this Act, the property tax in respect of buildings and lands belonging to the Special Development Project shall be levied at such reduced rate, as the State Government may, by notification in the Official Gazette, from time to time, fix ; and different rates may be fixed for different periods and for different Special Development Projects.

Explanation.—For the purposes of this section, " Special Development Project " means,—

Levy of

property tax

at reduced

rates in

respect of

buildings and

lands of

Special

Development

Projects.

1949 : LIX ] Maharashtra Municipal Corporations Act 117

1

Section 129-2A was inserted by Mah. 11 of 2011, s. 9.

2

This section was inserted by Mah. 29 of 1982, s. 7.

3

Section 129A was re-numbered as section (1) thereof by Mah. 12 of 1993, s. 17.

118 Maharashtra Municipal Corporations Act [1949 : LIX

1. Period from the date of inclusion of the area in the City upto and inclusive of the 31st March¹[of the second year] following the year in which the area is included in the

2 [larger urban area].

2 . Period of one year following the period referred to in entry 1.

3. Period of one year following the period referred to in entry 2.

4. Period of one year following the period referred to in entry 3. 7 [5. Period of one year following the period referred to in entry 4.

6. Any period after the expiry of the period referred to in entry 5. 3 [The amount calculated at the rate of tax on lands and buildings payable in the area immediately before its inclusion in the City, under clause

(i) of sub-section (1) of section 124 of the Bombay Village Panchayats Act, 1958 or clause (e) of sub-section (1) of section 157 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, as the case may be (hereinafter in this Table referred to as "the amount of tax payable in the Zilla Parishad area")]. 4 [20 per cent.] of the amount of general tax payable in the²[larger urban area] or the amount of tax payable in Zilla Parishad area, whichever is more.

5 [40 per cent.] of the amount of general tax payable in the²[larger urban area] or the amount of tax payable in the Zilla Parishad area, whichever is more.

6 [60 per cent.] of the amount of the general tax payable in the²[larger urban area] or the amount of tax payable in the Zilla Parishad area, whichever is more.

80 per cent. of the amount of general tax payable in the²[larger urban area] or the amount of tax payable in the Zilla Parishad area, whichever is more.

The same amount of general tax as in force and payable in the remaining area of the²[larger urban area].] 8 [(2) The Corporation shall spend an amount worked out at the rate of not less than one-third of the per capita expenditure incurred in the Corporation area for the year immediately the year of inclusion of the Zilla Parishad area or any such higher amount as may be feasible on development works in the newly included area for the periods mentioned in entries 1 to 5 in the Table in sub-section (1).]

1

These words were substituted for the words "of the year" by Mah. 12 of 1993, s. 17(1)(a)(i).

2

These words were substituted for the word "City" by Mah. 41 of 1994, s. 73(b).

3

This paragraph was substituted by Mah. 12 of 1993, s. 17(1)(a)(ii).

4

These figures and words were substituted for the figures and word, "40 per cent." by Mah. 12 of 1993, s. 17(1)(b).

5

These figures and words were substituted for the figures and words " 60 per cent." by Mah. 12 of 1993, s. 17(1)(c).

6

These figures and words were substituted for the figures and words " 80 per cent." by Mah. 12 of 1993, s. 17(1)(d).

7

These entries were substituted for entry 5, by Mah. 12 of 1993, s. 17(1)(e).

8

Sub-section (2) was added, by Mah. 12 of 1993, s. 17(2). amounts shall not be liable to be increased under section 150 during the said periods :—

T^ABLE

Period Amount of General Tax

(1) (2)

Bom. III of 1959. Mah. V of 1962.

1949 : LIX ] Maharashtra Municipal Corporations Act 119

130. (1) Subject to the provisions of section 134, the water tax shall be levied only in respect of premises—

(a) to which private water supply is furnished from or which are connected by means of communication pipes with any municipal water works ; or

(b) which are situated in a portion of the City in which the Commissioner has given public notice that the Corporation has arranged to supply water from municipal water works by means of private water connections or of public standposts, fountains or by any other means. 1 [(2) The water benefit tax shall be levied in respect of all premises situated in the City.]

131. (1) The conservancy tax³[or sewerage tax] shall be levied only in respect of premises—

(a) situated in any portion of the City in which public notice has been given by the Commissioner that the collection, removal and disposal of all excrementious and polluted matter from privies, urinals and cess-pools, will be undertaken by municipal agency ; or

(b) in which, wherever situate, there is a privy, water-closet, cesspool, urinal, bathing place or cooking place connected by a drain with a municipal drain :

Provided that the said tax shall not be levied in respect of any premises situated in any portion of the City specified in clause (a), in or upon which, in the opinion of the Commissioner, no such matter as aforesaid accumulates or is deposited.

(2) Premises in respect of which the Commissioner has directed that a separate water-closet, privy or urinal need not be provided shall be deemed to be liable to the levy of conservancy tax if, but for such direction, the tax would be leviable in respect thereof.

5 [(3) The sewerage benefit tax shall be levied in respect of all premises situated in the City.]

132. (1) The general tax shall be levied in respect of all buildings and lands in the City except—

(a) buildings and lands solely used for purposes connected with the disposal of the dead ;

(b) buildings and lands or portions thereof solely occupied and used for public worship or for a public charitable purpose ;

(c) buildings and lands vesting in the⁶[Government] used solely for public purposes and not used or intended to be used for purposes of trade or profit or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the⁶[Government] or the Corporation, respectively.

(2) The following buildings and lands or portions thereof shall not be deemed to be solely occupied and used for public worship or for a public

1

Sub-section (2) was added by Mah. 28 of 1990, s. 13(b).

2

These words were inserted, by Mah. 28 of 1990, 14(a).

3

These words were inserted, by Mah. 28 of 1990, 14(a).

4

These words were inserted, by Mah. 28 of 1990, 14(b).

5

Sub-section (3) was added, by Mah. 28 of 1990, s. 14(c).

6

This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950. Water tax²[or

water benefit

tax] on what

premises

levied.

Conservancy

4 [tax or

sewerage tax]

tax on what

premises to

be levied.

General tax

on what

premises to

be levied.

120 Maharashtra Municipal Corporations Act [1949 : LIX

charitable purpose within the meaning of clause (b) of sub-section (1), namely :—

(a) buildings or lands or portions thereof in which any trade or business is carried on ; and

(b) buildings or lands or portions thereof in respect of which rent is derived whether such rent is or is not applied solely to religious or charitable purposes.

(3) Where any portion of any building or land is exempt from the general tax by reason of its being solely occupied and used for public worship or for a public charitable purpose such portion shall be deemed to be a separate property for the purpose of municipal taxation.

133. (1) The²[State] Government shall pay to the Corporation annually in two half-yearly installments payable by the 30th day of September and the 31st day of March in every year in lieu of the general tax from which buildings and lands vesting in the³[State Government] are exempted by clause (c) of sub-section (1) of section 132, a sum ascertained in the manner provided in sub-section (2)⁴[, (2A)] and (3).

(2) The rateable value of the buildings and lands in the City vesting in the¹[Government] and beneficially occupied, in respect of which, but for the said exemption, general tax would be leviable from the²[State] Government shall be fixed by a person from time to time appointed in this behalf by the 2 [State] Government with the concurrence of the Corporation. The said value shall be fixed by the said person, with a general regard to the provisions contained in this Act and the rules concerning the valuation of property assessable to property taxes, at such amount as he shall deem to be fair and reasonable. The decision of the person so appointed shall hold good for a term of five years, subject only to proportionate variation, if in the meantime the number or extent of the buildings and lands⁵[in the City vesting in the State Government] materially increases or decreases. 6 [(2A) Where the Corporation has adopted the levy of property tax on capital value of buildings and lands, the capital value of buildings and lands in the City vesting in Government and beneficially occupied, in respect of which but for the said exemption, general tax would be leviable from the State Government, shall be the book value of such buildings or lands in Government records and such capital value shall hold good for a term of five years, subject only to proportionate variation, if in the meantime the number or extent of the buildings and lands vesting in Government in the city materially increases or decreases.]

1

This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.

2

This word was substituted for the word "Provincial", by the Adaptation of Laws Order, 1950.

3

These words were substituted for the words "the Crown for the purpose of the Province", ibid.

4

These brackets, figure and letter were inserted by Mah. 10 of 2010, s. 5(1).

5

This portion was substituted for the portion "vesting in the Crown in the City for the purposes of the Province", by Adaptation of Laws Order, 1950.

6

Sub-section (2A) was inserted by Mah. 10 of 2010, s. 5(2). Payments to

be made to

Corporation

in lieu of

general tax by

2 [State]

Government.

1949 : LIX ] Maharashtra Municipal Corporations Act 121

(3) The sum to be paid annually to the Corporation by the¹[State] Government shall be eight-tenths of the amount which would be payable by an ordinary owner of buildings or lands in the City, on account of the general tax, on a rateable value²[or on capital value, as the case may be,] of the same amount as that fixed under sub-section (2)³[or sub-section (2A), as the case may be.]

4 [133A. Notwithstanding anything contained in this Chapter, the Corporation may, for such period and subject to such conditions as may be specified by it, remit the whole or any part of all or any of the property taxes payable in respect of any buildings, if the said taxes are primarily leviable from the actual occupier thereof, the Government, the Corporation or the Maharashtra Housing Board, and the building is occupied or intended to be occupied by persons affected by the devastation caused on the 12th day of July 1961, by the breaching of the Panshet and Khadakwasla dams or any serious flood, fire, house collapse or other natural calamity or any slum clearance scheme undertaken by the Government, Corporation or Maharashtra Housing Board.]

Special provisions relating to water and conservancy taxes.

134. (1) The Commissioner may—

(a) in such cases as the Standing Committee shall generally approve, instead of levying the water tax in respect of any premises liable thereto, charge for the water supplied to such premises by measurement at such rate as shall from time to time be prescribed by the said Committee in this behalf or by the size of the water connection with the municipal main and the purpose for which the water is supplied at such rates as shall from time to time be prescribed by the Corporation ;

(b) in such cases as the Standing Committee shall generally approve, compound with any person for the supply of water to any premises for a renewable term of one or more years not exceeding five, on payment of a fixed periodical sum in lieu of the water tax or charge by measurement or by the size of the water connection which would otherwise be leviable from such person in respect of the said premises.

(2) The Standing Committee may, for the cases in which the Commissioner charges for water by measurement or by the size of the water connection under clause (a) of sub-section (1), from time to time prescribe such conditions as it shall think fit as to the use of the water and as to the charge to be paid for water consumed whilst a meter is out of order or under repair; and for the cases in which a composition is

144

122 Maharashtra Municipal Corporations Act [1949 : LIX

made under clause (b) of the said sub-section the said Committee may prescribe such conditions as to the use of the water as it shall think fit :

Provided that, no condition prescribed under this sub-section shall be inconsistent with this Act or rules or bye-laws.

(3) A person who is charged for water by measurement or by the size of the water connection or who has compounded for a fixed periodical sum shall not be liable for payment of the water tax, but any sum payable by him on account of water shall, if not paid when it becomes due, be recoverable by the Commissioner as if it were an arrear of water tax.

135. If, in respect of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential, charitable or religious purposes, water tax would be leviable under this Act from the 1 [Government], the Commissioner, in lieu of levying such tax, shall charge for the water supplied to such premises, by measurements, at such rate as shall be prescribed by the Standing Committee in this behalf not exceeding the minimum rate at the time being charged under clause (a) of sub-section

(1) of section 134 to any other person ; and such charges shall be recoverable as provided in sub-section (3) of the said section.

136. No tax or charge of any kind shall be levied or demanded for the use of water in or from any drinking fountain, tank, reservior, cistern, pump, well, duct, stand-pipe or other work used for the gratuitous supply of water to the inhabitants of the City and vesting in the Corporation :

Provided that, the water in or from any such work shall be used only for personal or domestic purposes and not for the purpose of business or sale.

137. (1) The Commissioner may, whenever he thinks fit, fix the conservancy tax or²[sewerage tax and sewerage benefit tax] to be paid in respect of any hotel, club, stable or other large premises at such special rate as shall be generally approved by the Standing Committee in this behalf, whether the service in respect of which such tax is leviable be performed by human labour or by substituted means or appliances.

(2) In the case of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential or charitable or religious purposes in respect of which the conservancy tax²[or sewerage tax and sewerage benefit tax] is payable by the¹[Government] the Commissioner shall fix the said tax at a special rate approved as aforesaid.

(3) In any such case the amount of the conservancy tax²[or sewerage tax and sewerage benefit tax] shall be fixed with reference to the cost or probable cost of the collection, removal and disposal, by the agency of municipal conservancy staff, of excrementitious and polluted matter from the premises.

1

This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.

2

These words were inserted by Mah. 28 of 1990, s. 15. 1 [Govern-

ment] to be

charged for

water by

measure-

ment.

Supply of

water at

public

drinking

fountains, etc.,

not to be

taxed.

Conservancy

tax²[or

sewerage tax

and sewerage

benefit tax]

may be fixed

at special rate

in certain

cases.

1949 : LIX ] Maharashtra Municipal Corporations Act 123

1

These words were substituted for the words "water tax or conservancy tax" by Mah. 28 of 1990, 16(a).

2

The words "and subject to any agreement or contract to the contrary" were deleted by Mah. 42 of 1976, s. 19(a).

3

These words were substituted for the words "water tax or conservancy tax" by Mah. 28 of 1990, 16(c).

4

Sub-section (3) was added by Mah. 42 of 1976, s. 19(b).

5

These words were substituted for the words "water tax" by Mah. 28 of 1990, s. 16(b).

6

This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.

7

Clauses (a-1) and (a-2) were inserted by Mah. 10 of 2010, s. 6.

138. (1) Any person who has paid to the Commissioner any¹[water tax, water benefit tax, conservancy tax or sewerage tax, or sewerage benefit tax] in respect of any permises shall, if he was not himself in occupation of the said premises during the period for which he has made such payment 2 * * * be entitled to receive the amount of the said payment from the person, if any, in actual occupation of the said premises for the said period.

(2) For the recovery of the said amount from the person aforesaid, the person who has paid the same shall have the same rights and remedies as if such amount were rent payable to him by the person from whom he is entitled to receive the same.

4 [(3) If, under the terms of the tenancy, the rent charged for any such premises is inclusive of⁵[water tax, water benefit tax] or water charges and subsequently water is supplied thereto through a common meter and if any 5 [water tax, water benefit tax] or water charges are paid by the owner or any person acting on his behalf, such owner shall be entitled to recover from the occupier of the premises only the difference between the⁵[water tax, water benefit tax] or water charges previously payable by him and the⁵[water tax, water benefit tax] or water charges payable in respect of such premises on pro rata basis in proportion to the amount for which each of such premises is let.

Liability for Property Taxes.

139. (1) Subject to the provisions of sub-section (2), property taxes assessed upon any premises shall be primarily leviable as follows, namely :—

(a) if the premises are held immediately from the⁶[Government] or from the Corporation, from the actual occupier thereof :

Provided that, property taxes due in respect of buildings vesting in the⁶[Government] and occupied by servants of the⁶[Government] or other persons on payment of rent shall be leviable primarily from the

6 [Government] ; 7 [(a-1) if the premises are held or occupied by a person, who is not the owner and the whereabouts of the owner of the premises cannot be ascertained, from the holder or occupier ; and

(a-2) if the premises are held or developed by a developer or an attorney or any person in whatever capacity such person may be holding the premises and in each of whom the right to sell the same exists or is 3 [Water tax,

water benefit

tax,

conservancy

tax, or

sewerage tax,

or sewerage

benefit tax]

paid by any

person may be

recovered by

him from the

occupier of the

premises for

which it is

paid.

Primary

responsibility

for property

taxes on

whom to rest.

H 610—19

124 Maharashtra Municipal Corporations Act [1949 : LIX

acquired, from such holder, developer, attorney or person, as the case may be :

Provided that, such holder, developer, attorney or person shall be liable until the actual sale is effected ;]

(b) if the premises are not so held,—

(i) from the lessor if the premises are let ;

(ii) from the superior lessor if the premises are sub-let ;

(iii) from the person in whom the right to let the premises vests if they are unlet.

(2) If any land has been let for any term exceeding one year to a tenant, and such tenant has built upon the land, the property taxes assessed upon the said land and upon the building erected thereon shall be primarily leviable from the said tenant or any person deriving title from the said tenant by the operation of law or by assignment or transfer but not by sub-lease or the legal representative of the said tenant or person whether the premises be in the occupation of the said tenant or person or legal representative or a sub- tenant.

140. (1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served under the rules upon the person primarlily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may serve a bill for the amount upon the occupier of the said premises, or, if there are two or more occupiers thereof, may serve a bill upon each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.

1 [(1A) Notwithstanding anything contained in sub-section (1), on and from the date of adoption of capital value as the base for levy of property taxes under sub-section (2) of section 129, but subject to the other provisions of this Act, the Commissioner may serve a bill for the amount of property tax on such occupier of the said premises, or, if there are two or more such occupiers thereof, may serve a bill on each of them for such portion of the sum due as bears to the whole amount of tax based on the capital value, due in the same ratio which the capital value, of such portion of the premises of the occupier or occupiers bears to the aggregate amount of the tax based on the capital value, in respect of the said premises.]

(2) If the occupier or any of the occupiers fails within thirty days from the service of any such bill to pay the amount therein claimed, the said amount may be recovered from him in accordance with the rules.

(3) No arrear of a property-tax shall be recovered from any occupier under this section²* * * * which is due on account of any period for which the occupier was not in occupation of the premises on which the tax is assessed.

1

Sub-section (1A) was inserted by Mah. 10 of 2010, s. 7(1).

2

The words "which has remained due for more than one year, or " were deleted by Mah. 10 of

1949 : LIX ] Maharashtra Municipal Corporations Act 125

1

Sections 140A and 140B were inserted by Mah. 7 of 2009, s. 7.

126 Maharashtra Municipal Corporations Act [1949 : LIX

Tax on Vehicle, Boats and Animals.

142. (1) Except as hereinafter provided, a tax at rates not exceeding those prescribed by order in writing by the¹[State] Government in this behalf from time to time shall be levied on vehicles, boats and animals of the descriptions specified in the order, when kept for use in the City for the conveyance of passengers or goods, in the case of vehicles and boats and for riding, racing, draught or burden in the case of animals :

2 [Provided that no tax shall be levied on motor vehicles save as provided in section 20 of the *Bombay Motor Vehicles Tax Act, 1958.] Explanation.—A vehicle, boat or animal kept outside the limits of the City but regularly within such limits shall be deemed to be kept for use in the City.

(2) The Corporation shall from year to year, in accordance with section 99, determine the rates at which the tax shall be levied.

143. (1) The said tax shall not be leviable in respect of,—

(a) vehicles, boats and animals belonging to the Corporation other than vehicles or animals used exclusively for the purposes of the Transport Undertaking ;

(b) vehicles, boats and animals vesting in the³[Government] and used solely for public purposes and not used or intended to be used for purposes of profit including vehicles, boats and animals belonging to the Defence Forces ;

(c) vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead ;

(d) children's perambulators and tricycles ;

(e) vehicles belonging to municipal officers or servants who are required by the terms of their appointment to maintain a conveyance for the discharge of their duties :

Provided that the exemption granted by this clause will not be available in respect of more than one vehicle for each officer or in respect of a vehicle which does not belong to the class of conveyance which the officer is required to maintain ;

(f) vehicles or boats kept by bona fide dealers in vehicles or boats for sale merely, and not used :

Provided that, a tax at such rate as the Corporation shall with the approval of the¹[State] Government fix in this behalf shall be levied half yearly in advance from every dealer in motor vehicles for every seven motor vehicles in respect of which a Trade Certificate is issued to him under rules made under the Motor Vehicles Act, 1939.

(2) If any question arises under clause (b) of sub-section (1) whether any vehicle, boat or animal vesting in the³[Government] is or is not used or intended to be used for purposes of profit, such question shall be determined by the¹[State] Government whose decision shall be final.

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2

This proviso was inserted by Bom. 65 of 1958, s. 25, Third Schedule.

3

This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.

* The short title of this Act was amended as '' the Maharashtra Motor Vehicles Tax Act '' by Mah. 24 of 2012, Sch.

Bom.

LXV of

1958.

IV of

1 939.

Tax on vehicles, boats and animals. Exemptions from the tax.

1949 : LIX ] Maharashtra Municipal Corporations Act 127

144. The Commissioner may, with the approval of the Standing Committee, compound with any livery-stable keeper or other person keeping vehicles or horses or bullocks for hire or with any dealer having stables in which horses are kept for sale on commission or otherwise, for the payment of lump sum for any period not exceeding one year at a time, in lieu of the taxes leviable under section 142 which such livery-stable keeper or other person or dealer would otherwise be liable to pay.

145. (1) The Commissioner may make an inspection of any stable, garage or coach-house or any place wherein he may have reason to believe that there is any vehicle, boat or animal liable to a tax under this Act.

(2) The Commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle, boat or animal, or of any servant of any such person, and may examine such person or servant as to the number and description of vehicles, boats and animals, owned by or in the possession or under the control of such person ; and every person so summoned shall be bound to attend before the Commissioner and to give true information to the best of his knowledge or belief, as to the said matters.

1

* * *

147. Until the contrary is proved any goods imported into the City shall be presumed to have been imported for the purposes of consumption, use or sale therein unless such goods are conveyed from the place of import to the place of export by such routes, within such time, under such supervision and on payment of such fees therefor as shall be determined by the standing orders.

Exemptions from Theatre Tax.

148. The theatre tax shall not be leviable in respect of—

(a) any entertainment or amusement for admission to which no charge is made or only a nominal charge is made ;

(b) any entertainment or amusement which is not open to the general public on payment ;

(c) any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilised for a public charitable purpose ;

1

Section 146 alongwith the heading "Exemptions from Octroi" was deleted by Mah. 42 of 2017, s. 38.

Livery-stable

keepers and

others may be

compounded

with.

Power to

inspect

stables and

summon

persons liable

to the tax.

Articles

imported for

immediate

exportation.

Exemptions

from theatre

tax.

128 Maharashtra Municipal Corporations Act [1949 : LIX

1 [(d) any entertainment exempted by the Commissioner of Police, the District Magistrate or the State Government from the entertainment duty under the *Bombay Entertainments Duty Act, 1923.] Explanation.—For the purposes of this section a nominal charge shall be such charge as may be fixed by the rules.

2 [Education Cess.

148A. (1) For the purposes of clause (15) of section 63, the Corporation may³* * * * * levy within its area an additional tax on buildings and lands (hereinafter referred to as " the education cess "), of so many per centum, not exceeding five, of the rateable value,⁴[or of so many percentum of their capital value, as the case may be, as the Corporation may, determine :]

Provided that,—

(a) all buildings and lands vesting in the Central Government ;

(b) all other buildings and lands exempted from the general tax under section 132 ;

(c) all buildings and lands of a reteable value⁵[or a capital value, as the case may be,] below such sum as the Corporation may determine, shall be exempted from the lavy of education cess.

(2) The Corporation may require the Commissioner to recover the amount of the education cess determined under sub-section (1) by an addition to the general tax levied under this Act. Every addition to the general tax imposed under this sub-section shall be recovered by the Commissioner from each person liable therefor in the same manner as the general tax due from him. The provisions of sections 139 and 140 shall apply to the education cess as if it were a part of the general tax levied under this Act.

148B. (1) With effect from the first day of April 1993, and in respect of the period during which the education cess is levied under section 148A, the State Government shall pay to the Corporation annually, in lieu of the education cess from which buildings and lands vesting in the State Government are exempted by virtue of clause (b) of the proviso to sub-section

(1) of section 148A (hereinafter, in this section, referred to as "the exempted buildings and lands"), a sum ascertained in the manner provided in sub-section

(2).

1

Clause (d) was inserted by Mah. 27 of 1975, s. 4.

2

These headings and sections were inserted by Mah. 12 of 1993, s. 18.

1949 : LIX ] Maharashtra Municipal Corporations Act 129

(2) The sum to be paid annually to the Corporation by the State Government shall be eight-tenths of the amount which could be, or would have been, payable by an ordinary owner of buildings or lands in the City, on account of the education cess, on the reteable value¹[or the capital value, as the case may be,] of the same amount as that fixed under sub-section (2)²[or sub-section (2A)] of section 133 in respect of the exempted buildings and lands.

Street Tax

148C. (1) The Corporation may, for the purposes of clause (18) of section 63, levy, within its area, an additional tax on buildings and lands (hereinafter referred to as "the street tax"), of so many per centum, not exceeding ten of their reteable value³[or of so many per centum of their capital value, as the case may be,] as the Corporation may, from time to time, determine :

Provided that,—

(a) all buildings and lands vesting in the Central Government,

(b) all other buildings and lands exempted from the general tax under section 132,

(c) all buildings and lands of a reteable value⁴[or a capital value, as the case may be,] below such sum as the Corporation may determine, shall be exempted from the levy of street tax.

(2) The Corporation may require the Commissioner to recover the amount of the street tax determined under sub-section (1) by an addition to the general tax levied under this Act. Every addition to the general tax imposed under this sub-section shall be recovered by the Commissioner from each person liable therefor in the same manner as the general tax due from him. The provisions of sections 139 and 140 shall apply to the street tax as if it were a part of the general tax levied under this Act.] Other taxes.

149. (1) In the event of the Corporation deciding to levy any of the taxes specified in sub-section (2) of section 127, it shall make detailed provisions, in so far as such provision is not made by this Act, in the form of rules, modifying, amplifying or adding to the rules at the time in force for the following matters, namely :—

(a) the nature of the tax, the rates thereof, the class or classes of persons, articles or properties liable thereto and the exemptions therefrom, if any, to be granted ;

(b) the system of assessment and method of recovery and the powers exercisable by the Commissioner or other officers in the collection of the tax ;

(c) the information required to be given of liability to the tax ;

(d) the penalties to which person evading liability or furnishing incorrect or misleading information or failing to furnish information may be subjected ;

152

130 Maharashtra Municipal Corporations Act [1949 : LIX

(e) such other matters, not inconsistent with the provisions of this Act, as may be deemed expedient by the Corporation :

Provided that no rules shall be made by the Corporation in respect of any tax coming under clause (f) of sub-section (2) of section 127 unless the¹[State] Government shall have first given provisional approval to the selection of the tax by the Corporation.

(2) The rules shall be submitted by the Corporation to the¹[State] Government and the¹[State] Government may either refuse to sanction them or refer them back to the Corporation for further consideration or sanction them either as they stand or with such modifications as it thinks fit, not, however, involving an increase in the rate or rates of the levy or the extent thereof.

(3) Any sanction given by the¹[State] Government under sub-section (2) shall become operative on such date not earlier than one month from the date of the sanction as the¹[State] Government shall specify in the order of sanction, and the Corporation shall be competent to levy the tax covered by the sanction as from the date so specified.

(4) The Corporation and the¹[State] Government shall take such steps as may be practicable to ensure that the date specified in the order of sanction is the first day of April, unless the sanction is given in pursuance of a proposal for supplementary taxation under section 150 :

Provided that nothing in sub-section (4) shall affect the power of the Corporation to levy a tax as from a date later than the first day of April if the sanction of the¹[State] Government is not given by the first day of March immediately preceding and if the¹[State] Government in the order of sanction specifies a date later than the first day of April for the commencement of the levy of the tax.

(5) The provisions of this section shall apply, as far as may be, to any alterations which the Corporation may from time to time decide to make in the rates fixed for any tax, or in the class or classes of persons, articles, or properties liable thereto or in the exemptions therefrom, if any, to be granted. 2 * * *

3 [149A.

4 [(1) The stamp duty leviable under the Maharashtra Stamp Act, on instruments of sale, gift and usufructuary mortgage, respectively, of immovable property shall, in the case of any such instrument relating to immovable property situated in the City, shall be increased by a surcharge at the rate of one per cent., in the case of sale or gift, on the value of the property so situated and in the case of an instrument of usufructuary mortgage on the amout secured by the instrument as set forth in the instrument and shall be collected accordingly under the said Act.

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

2.

Sub-section (6) was deleted by Mah. 42 of 2017, s. 39.

3.

Section 149A was inserted by Mah. 27 of 2009, s. 6.

4.

Sub-sections (1) and (2) were substituted w.e.f. 1-7-2017, by Mah. 7 of 2018, s. 2(i). * Now, the short title has been amended as the Maharashtra Stamp Act (LX of 1958) by Mah. 24 of 2012, s. 2 and 3, Schedule, entry 67, with effect from the 1st May of 1960. Additional

Stamp duty

on certain

transfers of

immovable

properties in

municipal

areas.

LX of

1 958.

1949 : LIX ] Maharashtra Municipal Corporations Act 131

(2) For the purposes of this section, section 28 of the Maharashtra Stamp Act, shall be read and enforced as if specifically required the particulars therein referred to be set forth separately in respect of,-

(a) the property situated in the City ; and

(b) the property situated in any other area,] ;

(3) The State Government shall, every year, after due appropriation made by law in this behalf, pay to the Corporation¹[of the City], a grant-in-aid approximately equal to the amount of additional duty realized on account of the surcharge levied under this section in respect of immovable properties situated within the jurisdiction of that Corporation.

(4) The sum of money required to meet the expenditure by the State Government under sub-section (3), shall be charged on the Consolidated Fund of the State.

(5) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this section.²[For the purposes of this section the State Government may make rules retrospectively with effect from the 1st July 2017.]

(6) All rules made under this section shall be subject to the condition of previous publication.

(7) Every rule made under this section, shall be laid as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.]

3 [149B. (1) Without prejudice to the provisions of section 149A, the stamp duty leviable under the Maharashtra Stamp Act, on the instruments of sale, gift and usufructuary mortgage, respectively, of immovable property shall, in the case of any such instrument relating to immovable property situated in the City in which one or more Vital Important Urban Transport Projects (hereinafter in this section referred to as '' City having notified projects '') and executed on or after such date as may be specified by the State Government, by notification in the Official Gazette, be increased by a surcharge at the rate of one per cent., in case of instrument of sale or gift, on the value of the property so situated and in case of an instrument of usufructuary mortgage, on the amount secured by the instrument as set forth in the instrument and shall be collected accordingly under the said Act.

154

132 Maharashtra Municipal Corporations Act [1949 : LIX

(2) For the purposes of this section, section 28 of the Maharashtra Stamp Act shall be read and enforced as if, it specifically requires the particulars therein referred to be set forth separately in respect of,—

(a) the property situated in the City having notified projects ; and

(b) the property situated in any other area.

(3) The State Government shall, every year, after due appropriation made by law in this behalf, pay to the Corporation or the agency which has undertaken the notified project, a grant-in-aid approximately equal to the amount of additional duty realized on account of surcharge levied and collected under this section in respect of the immovable properties situated in the City having notified projects and such grant-in-aid shall be utilised on such notified projects in the manner specified by the Government.

(4) The sum of money required to meet the expenditure by the State Government under sub-section (3), shall be charged on the Consolidated Fund of the State.

(5) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this section.

(6) All rules made under this section shall be subject to the condition of previous publication.

(7) Every rule made under this section shall be laid, as soon as may be, after it is made, before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session in which it is so laid or the session or sessions immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall from the date of publication of such notification have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.

Explanation.— For the purposes of this section, the term '' notified project '' means a Vital Important Urban Transport Project related to Mass Rapid Transport System such as Metro Rail, Mono Rail, Bus Rapid Transport System and includes Freeway, Sea-link, etc., in respect of which the State Government has, by notification in the Official Gazette, declared its intention to undertake such project either by itself or through the planning authority, a New Town Development Authority, and other statutory authority, an agency owned and controlled by the Central Government or the State Government or a Government Company incorporated under the provisions of the Companies Act, 2013 or any other law relating to companies for the time being in force.'']

LX of

1958.

18 of

2013.

155

1949 : LIX ] Maharashtra Municipal Corporations Act 133 Supplementary Taxation.

150. Whenever the Corporation determines under section 104 to have recourse to supplementary taxation in any official year, it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders or sanction of the¹[State] Government or by leving, with due sanction, a tax imposable under this Act but not being levied at the time being.

2 [150A. Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reasons any person liable to pay any of the taxes or fees leviable under this Act has escaped assessment in any year, the Commissioner may, at any time within six years from the date on which such person should have been assessed, serve on such person a notice assessing him to the tax or fee due and demanding payment thereon within 15 days from the date of such service ; and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if assessment was made in the year to which the tax or fee relates.]

Refunds.

151. Refunds of municipal tax shall be claimable in the manner and subject to the conditions prescribed by rules. Writing off of taxes.

152. The Commissioner may, with the approval of the Standing Committee, from time to time, write off any sum due on account of any tax or of the costs of recovering any tax, which shall in his opinion, be irrecoverable. 3 [152-1A. Notwithstanding anything contained in section 152 or any other provisions of this Act, the Corporation may, grant such rebate, as may be approved by the State Government, to any person or class of persons, primarily liable for payment of property tax, who pays the amount of arrears of the property tax, as per the schedule of payment fixed by the Corporation.]

4 [CHAPTER XIA.

5 [CHAPTER XIB.

156

134 Maharashtra Municipal Corporations Act [1949 : LIX

CHAPTER XII.

DRAINS AND DRAINAGE.

Municipal Drains.

153. (1) The Commissioner shall maintain and keep in repair all municipal drains and shall with the approval of the Corporation construct such new drains as shall from time to time be necessary for effectually draining the City.

(2) The Commssioner shall also, in the case of any street in which there is a municipal drain, construct at the charge of the Municipal Fund such portion of the drain of any premises to be connected with such municipal drain as it shall be necessary to lay under any part of such street and the portion of any connecting drains so laid under the street shall vest in the Corporation and be maintained and kept in repair by the Commissioner as a municipal drain.

154. (1) The Commissioner may at any time with the approval of the Corporation declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the Corporation :

Provided that, when the Commissioner proposes to make a declaration under this sub-section, he shall give written notice of the proposal to the owner or owners of the drain or works in question and shall take no further action in the matter until either one month has elapsed without an objection against his proposal being lodged under sub-section (2) or, as the case may be, until any objection so lodged has been duly considered.

(2) An owner aggrieved by the proposal of the Commissioner to make a declaration under sub-section (1) may, within one month after notice of the proposal is served upon him, appeal to the¹[State] Government or to such officer of the¹[State] Government as the¹[State] Government may designate by order in the Official Gazette in this behalf and shall, if he so appeals, give written intimation of the fact to the Commissioner.

(3) After consideration of an appeal under sub-section (2), and after making such inquiries as may be necessary, the¹[State] Government or the said officer may with due regard to the provisions of sub-section (4) allow or disallow the proposal of the Commissioner and may, if it or he think fit, specify conditions, including conditions as to the payment of compensation by the Commissioner, subject to which it or he allows the proposal.

(4) The Commissioner in deciding whether a declaration should be made under sub-section (1) shall have regard to all the circumstances of the case and, in particular, to the following considerations : —

(a) whether the drain or works in question is or are adapted to, or required for, any general system of drainage or drainage disposal or sewage disposal which the Commissioner has provided, or proposes to provide, for the City or any part thereof ;

(b) whether the drain is constructed under a street or under land reserved by or under the provisions of this Act or any other law for the time being in force for a street ;

1

This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. Drains to be

constructed

and kept in

repair by the

Commissioner.

Adoption by

Corporation of

drains and

drainage or

sewage

disposal

works.

1949 : LIX ] Maharashtra Municipal Corporations Act 135

(c) the number of buildings which the drain is intended to serve, and whether, regard being had to the proximity of other buildings or the prospect of future development, it is likely to be required to serve additional buildings ;

(d) the method of construction and state of repair of the drain or works ; and

(e) whether the making of the proposed declaratoin would be seriously detrimental to the owner of the drain or works in question.

(5) Any person who immediately before the making of a declaration under sub-section (1) was entitled to use the drain in question shall be entitled to use it, or any drain substituted therefor, to the same extent as if the declaration had not been made.

(6) When the Commissioner is about to take into consideration the question of making a declaration under sub-section (1) with respect to a drain or drainage or sewage disposal works situate within the jurisdiction of some local authority other than the Corporation or situate within the City but serving an area, or part of an area, within the jurisdiction of such local authority, he shall give notice to that authority and no declaration shall be made by him until either that authority has consented thereto or the¹[State] Government, on an application made to it, has dispensed with the necessity of such consent, either unconditionally or subject to such conditions as it may think fit to impose.

(7) When the Commissioner has made a declaration under sub-section

(1) with respect to a drain or drainage disposal or sewage disposal works situate within the jurisdiction of some local authority other than the Corporation he shall forthwith give notice of the fact to such authority.

(8) The Commissioner shall not make a declaration under sub-section

(1) with respect to any drain or part of a drain or any works if that drain or part of a drain or those works is or are vested in some local authority other than the Corporation or in the Central Government or a railway administration, except on the request of the authority, Government or administration concerned.

155. (1) The Commissioner may carry any municipal drain through, across or under any street, or any place laid out as or intended for a street or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within City, or, for the purpose of outfall or distribution of sewage, without the City.

(2) The Commissioner may enter upon, and construct any new drain in the place of an existing drain in, any land wherein any municipal drain has been already lawfully constructed, or repair or alter any municipal drain so constructed.

156. The Commissioner may enlarge, alter the course of, lessen, arch over or otherwise improve any municipal drain, and may disountinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessay or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage :

Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as

158

136 Maharashtra Municipal Corporations Act [1949 : LIX

may be, provide for his use some other drain as effectual as the one which has been discontinued, closed up or destroyed or the use of which has been prohibited.

157. (1) The municipal drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and emptied.

(2) For the purpose of flusing, cleansing and emptying the said drains, the Commissioner may construct or set up such reserviors, sluices, engines and other works, as he shall from time to time deem necessary. Drains of Private Streets and Drainage of Premises.

158. The owner of a private street shall be entitled to connect the drain of such street with a municipal drain subject to the conditions laid down in the rules.

159. (1) Subject to the provisions of this section, the owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage :

Provided that, nothing in this sub-section shall entitle any person,—

(a) to discharge directly or indirectly into any municipal drain any trade effluent except in accordance with the provisions of section 166 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force ;

(b) where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly,—

(i) foul water into a drain provided for surface water ; or

(ii) except with the permission of the Commissioner surface water into a drain provided for foul water; or

(c) to have his drain made to communicate directly with a storm-water overflow drain.

(2) Every person desirous of availing himself of the provisions of sub- section (1) shall obtain the written permission of the Commissioner and shall comply with such conditions as the Commissioner may prescribe as to the mode in which and the superintendence under which connections with municipal drains or other places aforesaid are to be made.

(3) The Commissioner may, if he thinks fit, in lieu of giving permission under sub-section (2) to any person to have his drain or sewer connected with a municipal drain or other place as aforesaid himself connect after giving notice to the person concerned within fourteen days of the receipt of his application, and the reasonable expenses of any work so done shall be paid by the person aforesaid.

Cleansing

drains.

Power to

connect drains

private street

with

municipal

drain.

Right of

owners and

occupiers of

buildings and

lands to drain

into

municipal

drain.

159

1949 : LIX ] Maharashtra Municipal Corporations Act 137

160. (1) Where a person proposes to construct a drain, the Commissioner may, if he considers that the proposed drain is, or is likely to be, needed to form part of a general drainage system which the Corporation has provided or proposes to provide, require him to construct the drain in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall, or otherwise, from the manner in which he proposes, or could otherwise be required by the Commissioner, to construct it, and it shall be his duty to comply with the requirements of the Commissioner.

(2) No person who under this section has been required by the Commissioner to construct a drain in a particular manner shall construct it or cause it to be constructed otherwise than in accordance with the requirements of the Commissioner.

(3) The Commissioner shall repay from the Municipal Fund to the person constructing a drain in accordance with a requirement under sub-section (1), the entire expenses reasonably incurred by him in complying with such requirement and, until the drain becomes a municipal drain, he shall also from time to time repay to him from the Municipal Fund so much of any expenses reasonably incurred by him in repairing or maintaining it as may be attributable to the requirement having been made and complied with.

161. No person shall, without complying with the provisions of section 158 or 159, as the case may be, and the rules, make or cause to be made any connection of a drain belonging to himself or to some other person with any municipal drain or a other place legally set apart for the discharge of drainage; and the Commissioner may close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.

162. (1) If it shall appear to the Commissioner that the only means or the most convenient means by which the owner or occupier of any premises can cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainge, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of the land a reasonable opportunity of stating any objection, may, if no objection is raised, or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.