Maharashtra act 003 of 1888 : The Mumbai Municipal Corporation Act.

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 1

BOMBAY ACT No. III OF 1888¹

[THE MUMBAI MUNICIPAL CORPORATION ACT.]

[14th September 1888]

Repealed in part by Act 2 of 1901 ;

" " " by Bom.1 of 1897 ;

" " " " 5 of 1925 ;

" " " " 8 of 1928 ;

" " " " 15 of 1932 ; Repealed in Part and amended— by Act 16 of 1895 ;

by Bom. 4 of 1888 ;

" " 5 of 1905 ;

" " 3 of 1907 ;

" " 2 of 1911 ;

" " 6 of 1922 ; Amended by Bom. 1 of 1894 ;

" " " " 2 of 1899 ;

" " " " 2 of 1900 ;

" " " " 2 of 1901 ;

" " " " 5 of 1903 ;

" " " " 1 of 1910 ;

" " " " 6 of 1913 ;

" " " " 1 of 1916 ;

" " " " 6 of 1916 ;

" " " " 6 of 1918 ;

" " " " 8 of 1918 ;

" " " " 5 of 1920 ;

" " " " 15 of 1920 ;

" " " " 19 of 1920 ;

" " " " 20 of 1920 ;

" " " " 4 of 1921 ;

" " " " 7 of 1921 ;

" " " " 1 of 1925 ;

" " " " 12 of 1925 ;

" " " " 9 of 1928 ;

" " " " 10 of 1928 ;

1

For Statement of Objects and Reasons, see Bombay Government Gazette, 1887, Pt. V., p. 188, for Report of the Select Committee, see, ibid., 1888., p. l, and for Proceedings in Council, see, ibid., 1887, p. 222 and ibid., 1888, pp.177, 203, 228, 259, 286, 311 and 321.

Bom. 3 of 1888 has, so far as regards the jurisdiction, decisions, orders and other proceedings of Appellate Benches of Municipal Authorities, Presidency and other Magistrates, Courts of Small Causes and judges of such Courts, been declared to be as valid as if it had been passed by the Governor General of India in Council—see Act 12 of 1888, s. 1.

The Bombay Municipal Servants Act is to be read with Bom. 3 of 1888— see Bom. 5 of 1890, s. 2 (2). The City of Bombay Police Charges Act, 1907 (Bom. 3 of 1907), is to be read with Bom. 3 of 1888. Only those amendments which it makes in the latter and which have been declared to come into force on

L 1 H 4094

2 Mumbai Municipal Corporation Act [1888 : Bom. III

Amended by Bom. 10 of 1930 ;

" " " " 18 of 1930 ;

" " " " 19 of 1930 ;

" " " " 6 of l931 ;

" " " " 17 of 1931 ;

" " " " 21 of 1931 ;

" " " " 23 of 1931 ;

" " " " 8 of 1932 ;

" " " " 11 of 1932 ;

" " " " 13 of 1932 ;

" " " " 13 of 1933 ;

" " " " 2 of 1934 ;

" " " " 4 of 1934 ;

" " " " 10 of 1935 ;

" " " " 12 of 1935 ;

" " " " 28 of 1935 ;

" " " " 32 of 1935 ;

" " " " 10 of 1936 ;

" " " " 12 of 1936 ;

" " " " 13 of 1936 ;

" " " " 24 of 1936 ; Supplemented by Act 12 of 1888 ;

" " " " 2 of 1889 ;

" " " " 5 of 1890 ;

" " " " 1 of 1898 ;

" " " " 2 of 1899 ;

" " " " 15 of 1920 ; Amended by Act 38 of 1920 ; Adapted and modified by the Adaptation of Indian Laws Order in Council ; Amended by Bom. 2 of 1938 ;

" " " " 5 of 1938 ;

" " " " 13 of 1938* ;

" " " " 17 of 1938 ;

" " " " 7 of 1939 ;

" " " " 19 of l939 ;

" " " " 21 of 1939; * Sections 32 and 33 of this Act containing saving provisions are reproduced below, Sections 26, 28 and 29 referred to in section 32 below have amended sections 37, 74 and 80-B of Bom. 3 of 1888. Saving " 32. Nothing contained in section 26, 28 or 29 of this Act shall apply to persons appointed to hold posts in case of referred to in the said sections during the period for which they may have been appointed before the present

incumbents. commencement of this Act.

Savings.

33. (1) Nothing in this Act shall affect the constitution of the Corporation, the Standing Committee, the Schools Committee, or the Improvements Committee as constituted immediately before the first day of April 1939 and no appointment, notification, notice, tax, order, scheme, licence, provision, rule, by-law or form, made, issued or imposed in respect of or by the Corporation or Committee so constituted shall be deemed to be invalid by reason only of the fact that the provisions of this Act have come into force.

(2) Notwithstanding anything contained in this Act, any casual vacancy in the office of a councillor or a member of any of the said committee occuring before the 1st day of April 1939 shall, subject to the provisions of the said Act, be filled as if this Act had not come into force.".

41

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 3 Amended by Bom. 1 of 1942 ;

" " " " 8 of 1942 ;

" " " " 2 of 1943* ;

" " " " 9 of 1945* ;

" " " " 12 of 1945* ;

" " " " 1 of 1946† ;

" " " " 4 of 1947 ;

" " " " 12 of 1947 ;

" " " " 20 of 1947 ;

" " " " 21 of 1947; Adapted by the Indian (Adaptation of Existing Indian Laws) Order, 1947; Amended by Bom. 3 of 1948 ;

" " " " 8 of 1948 ;

" " " " 48 of 1948 ;

" " " " 69 of 1948 ;

" " " " 76 of 1948 ;

" " " " 7 of 1950 ; Adapted and modified by the Adaptation of Laws Order, 1950 ; Amended by Bom. 48 of 1950 ;

" " " " 9 of 1951 ;

" " " " 30 of 1951 ;

" " " " 20 of 1952 ;

" " " " 64 of 1953 ;

" " " " 6 of 1954 ;

" " " " 8 of 1954 ;

" " " " 21 of 1954 ;

" " " " 34 of 1954 ;

" " " " 62 of 1954 ;

" " " " 5 of 1955 ;

" " " " 54 of 1955‡;

" " " " 22 of 1956 ;

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

Amended by Bom. 51 of 1956§ ;

" " " " 58 of 1956 ;

" " " " 28 of 1957 ;

" " " " 13 of 1958 ;

" " " " 65 of 1958 ;

" " " " 6 of 1959 ; * This Act was repealed and re-enacted by Bom. 8 of 1948. † This Act was repealed and re-enacted with modifications, ibid. ‡ Section 13 of Bom. 54 of 1955 reads as follows :—

" 13. The amendments made in the said Act by sections 2 to 4 (both inclusive), section 5 except

Certain section 28-H inserted thereby, clause (2) of section 6 and sections 7 and 8 of this Act, shall apply to the

amendmentsmade by this general election to be held after the 31st day of December 1955, and to all subsequent elections.". Act to apply to election held

after the 31st

day of

December

§ The amendments made by this Act shall be deemed to have been made with effect from the first day

1955.

of April 1956 (see s. 2 of Bom. 51 of 1956). H 4094—6

42

L 1 H 4094

4 Mumbai Municipal Corporation Act [1888 : Bom. III

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

Amended by Mah. 14 of 1961 ;

" " " " 39 of 1961 ;

" " " " 32 of 1962 ;

" " " " 40 of 1962 ;

" " " " 13 of 1963 ;

" " " " 1 of 1964* ;

" " " " 11 of 1964 ;

" " " " 17 of 1964 read with Mah. 8 of 1968 ;

" " " " 32 of 1964 †;

" " " " 8 of 1965‡ ;

" " " " 27 of 1966 ;'

" " " " 32 of 1966§ ;

" " " " 33 of 1966 ;

" " " " 35 of 1967 ;

" " " " 5 of 1968 ;

" " " " 22 of 1968 ;

" " " " 3 of 1969 ;

" " " " 10 of 1969 ;

" " " " 18 of 1969 ;

" " " " 5 of 1970 ;

" " " " 6 of 1970 ; *Section 11 of Mah. 1 of 1964 reads as under :— Savings. " 11. Notwithstanding the amalgamation of budget estimates D and F with budget estimate A and the amendments in the principal Act made therefore by sections 4 to 10 (both inclusive) of this Act, budget estimates A, D and F finally adopted by the Corporation for the official year 1963-64 and all provisions of the principal Act applicable thereto immediately before the 28th day of October 1963 shall remain in operation and continue to apply to the said estimate till the end of the year.".

† Section 23 of Mah. 32 of 1964 reads as under :—

Savings. " 23. Notwithstanding the abolition of town duties and the repeal of the provisions of the principal Act relating thereto, and the substitution therefor of the provisions relating to octroi made by this Act, all the provisions relating to town duties shall continue to have effect for the purposes of the levy, assessment, collection or refund of the duty, or for the purpose of imposing any penalty, or the confiscation of any articles, or for any other purpose whatsoever connected with or incidental to any of the purposes aforesaid, and any reference to any officer, authority, tribunal or court for the purpose of carrying into effect the provisions aforesaid shall be construed as a reference to the corresponding officer, authority, tribunal or court relating to octroi and if any question arises as to who or which such corresponding officer, authority, tribunal or court is, the decision of the State Government thereon, shall be final.".

‡ Sections 22 and 23 of Mah. 8 of 1965 reads as under :—

Savings. " 22. Nothing contained in this Act shall effect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other Committee or Sub-Committee as constituted or appointed under the principal Act immediately before the commencement of this Act, and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committees before the 1st April 1965 (or if the State Government extends the period under section 7, before the 1st April 1966) shall, subject to the provisions of the principal Act, be filled as if this Act had not been passed. Removal

23. If any difficulty arises in giving effect to the provisions of the principal Act as amended by this Act, the State Government of may, as occasion arises, by order do anything which appears to it necessary for the purposes of removing the difficulty :

difficulty. Provided that, no order shall be made under this section after the expiry of two years from the commencement of this Act.".

§Section 8 of Mah. 32 of 1966 reads as under :—

Retrospective

"8. The amendments made in the principal Act by sections 2 and 5 of this Act shall be deemed to have been made on and operation

to have effect from the 1st day of April 1966.".

of

sections

2 and 5.

43

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 5 Amended by Mah.7 of 1971 Amended by Mah. 42 of 1977 „ „ „ 13 of 1971 „ „ „ 62 of 1977

„ „ „ 35 of 1971* „ „ „ 17 of 1978 (31-5-1978)‡ „ „ „ 37 of 1971 „ „ „ 25 of 1978 (2-10-1978)‡ „ „ „ 22 of 1972 „ „ „ 23 of 1979**(5-5-1979)‡ „ „ „ 4 of 1973 „ „ „ 27 of 1979 (31-3-1979)‡ „ „ „ 19 of 1973 „ „ „ 6 of 1980 (13-2-1980)‡ „ „ „ 34 of 1973† „ „ „ 20 of 1980§ (16-10-1980)‡ (30-4-1973)‡ „ „ „ 37 of 1981 (1-10-1981)‡ 50 of 1981.

„ „ „ 53 of 1973 „ „ „ 53 of 1981 (14-9-1981)‡ (27-12-1973)‡ ,, „ „ 71 of 1981@(31-10-1981)‡ „ „ „ 18 of 1974 „ „ „ 21 of 1982 (12-5-1982)‡ (1-5-1975)‡ „ „ „ 25 of 1982 †† (7-6-1982)‡ „ „ „ 37 of 1974 „ „ „ 43 of 1983¶¶(25-10-1938)‡ (7-9-1974)‡ „ „ „ 7 of 1984§§ (30-9-1984)‡ „ „ „ 51 of 1975 „ „ „ 3 of 1985@@(l1-2-1985)‡ (11-1-1975)‡ „ „ „ 5 of 1986@@@(29-11-1986)‡ „ „ „ 63 of 1975‡‡ „ „ „ 7 of 1986£££(20-12-1985)‡ (22-9-1975)‡ „ „ „ 20 of 1987(1-11-1987)‡ „ „ „ 70 of 1975¶ „ „ „ 21 of 1989 (2-5-1989)‡ „ „ „ 42 of 1976 „ „ „ 28 of 1989*** (12-6-1989)‡ (1-10-1976)‡ „ „ „ 33 of 1989 (1-11-1989)‡ * Maharashtra Ordinance No.V of 1971 was repealed by Mah. 35 of 1971, s.3. † Maharashtra Ordinance No.III of 1973 was repealed by Mah. 34 of 1973, s.23. ‡ This indicates the date of commencement of Act.

‡‡ Maharashtra Ordinance No. XI of 1975 was repealed by Mah. 63 of 1975, s. 11. ¶ Maharashtra Ordinance No. XVII of 1975 was repealed by Mah. 70 of 1975, s.22. The whole Act (Mah. 70 of 1975) except clause (a) of section 2, section 4 and sections 16 to 20 (both inclusive) was deemed to have come into force on the 8th day of November 1975. Clause (a) of section 2 and section 4 came into force on the 24th day of December 1975. Sections 16 to 20 (both inclusive) came into force on the 1st day of April 1976 [See s.22 of Mah. 70 of 1975].

** Maharashtra Ordinance No. IV of 1979 was repealed by Mah. 23 of 1979, s. 3. § Maharashtra Ordinance No.XII of 1980 was repealed by Mah. 20 of 1980, s. 23. @ Maharashtra Ordinance No.XVIII of 1981 was repealed by Mah. 71 of 1981, s. 3. †† Maharashtra Ordinance No.V of 1982 was repealed by Mah. 25 of 1982, s. 5. Section 4 of the Act reads as follows :—

" 4. Nothing contained in this Act shall affect the constitution of the Corporation, the Standing Saving. Committee, the Improvements Committee, the Bombay Electric Supply and Transport Committee, the Education Committee or any other Committee or Sub-Committee as constituted or appointed under the principal Act immediately before the commencement of this Act, and any casual vacancy in the office of a Councillor, a member of any of the said Committees or Sub-Committees before the 1st April 1983 shall, subject to the provisions of the principal Act, be filled as if this Act had not been enacted.".

¶¶ Maharashtra Ordinance No.XVII of 1983 was repealed by Mah. 43 of 1983, s.12. §§ Section 7 of the Act reads as under :—

" 7. If any difficulty arises in giving effect to the provisions of any of the Acts, as amended by this Act, Removal of during the period of one year from the date of coming into force of this Act, the State Government may, difficulty. as occasion arises, by order do anything, not inconsistent with such provisions, which appears it to be necessary or expedient for the purpose of removing the difficulty.".

@@Maharashtra Ordinance No. I of 1985 was repealed by Mah. 3 of 1985, s.10.

@@@Maharashtra Ordinance No.X of 1985 was repealed by Mah. 5 of 1986, s.4.

£££Maharashtra Ordinance No.XIII of 1985 was repealed by Mah. 7 of 1986, s.7.

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

H 4094—6a

44

L 1 H 4094

6 Mumbai Municipal Corporation Act [1888 : Bom. III

Amended by Mah. 11 of 1990* (16-3-1990)‡ „ „ „ 12 of 1990**£(12-2-1990)‡ „ „ „ 13 of 1990££(24-4-1990)‡ „ „ „ 34 of 1990***§(8-10-1990)‡ „ „ „ 36 of 1990@(14-11-1990)‡ „ „ „ 15 of 1991@@(16-2-1991)‡ „ „ „ 26 of 1991@@@(29-10-1991)‡ „ „ „ 8 of 1992 (28-4-1992)‡ * Maharashtra Ordinance No.V of 1990 was repealed by Mah. 11 of 1990, s. 11. ‡This indicates the date of Commencement of Act.

**Maharashtra Ordinance No.III of 1990 was repealed by Mah. 12 of 1990, s. l1. £Section 13 of Mah. 12 of 1990 reads as follows :—

Sitting councillors "13. For the removal of doubt, it is hereby declared that every person elected as a councillor of the Bom LIX to continue Municipal Corporation of Greater Bombay or any of the Municipal Corporations constituted under the

of 1949. to hold office.

provisions of the Bombay Provincial Municipal Corporations Act, 1949 or the Corporation of the City of

C.P. andBerar II Nagpur Act, 1948 or of any of the Municipal Councils established under the Maharashtra Municipalities of 1950. Act, 1965 and holding office as such councillor and has not attained the age of twenty-one years on or

Mah. XL before the date of commencement of Maharashtra Municipal Corporations and Municipalities (Amend-

of 1965. ment) Act, 1990 shall, unless he resigns, or is disqualified to hold, such office of councillor before the

Mah. XIIof 1990. expiry of his term, continue to be such councillor till the expiry cf his term, as if the amendments made to the relevant municipal law by the Maharashtra Municipal Corporations and Municipalities (Amendment) Act, 1990 had never been made.".

££ Section 9 of Mah. 13 of 1990 reads as follows : -

Sitting "9. For the removal of doubt, it is hereby declared that every woman Councillor elected to a reserved

Mah. XL of women seat in any of the Municipal Councils established under the Maharashtra Municipalities Act, 1965 and

1965.Mah. XIII councillors to

holding office as such Councillor on the date of commencement of the Maharashtra Municipal Corpora- of 1990. continue to hold

tions and Municipalities (Second Amendment) Act, 1990, shall, unless she resigns or is disqualified to hold Mah. XL of office.

such office of Councillor before the expiry of her term, continue to be such Councillor till the expiry of her

1965.

term, as if the amendments made to the Maharashtra Municipalities Act, 1965 by the Maharashtra

Mah. XIIIof 1990. Municipal Corporations and Municipalities (Second Amendment) Act, 1990, had never been made.".

***Maharashtra Ordinance No.XI of 1990 was repealed by Mah. 34 of 1990, s.6. § Section 5 of Mah. 34 of 1990 reads as follows :—

Validation or fees "5. Notwithstanding anything contained in any judgement, decree or order of any Court, any fees or of charges levied

charges levied, demanded or collected by the Municipal Corporation of Greater Bombay under the Pay and collected by

and Park scheme introduced with effect from the 15th day of October 1988 shall be deemed to have been Corporation under

validly levied, demanded and collected in accordance with law as if the provisions of section 326A had been Pay and Park

Scheme. continuously in force at all material times. Any action taken or anything done for levying, demanding or collecting such fees or charges, from any person during the period commencing on the 15th day of October 1988 and ending on the day immediately preceding the date of commencement of this Act shall be deemed to be, and shall be deemed always to have been, validly taken or done and shall not be called in question in any court or before any authority merely on the ground that the power to earmark such parking places or to levy such fees or charges for use of such parking places for parking of vehicles did not exist or that such levy, demand or collection was not validly made under the principal Act, and accordingly ,—

(a) no suit or proceedings shall be maintained or continued in or before any court or any authority for the refund of any amount received or realised by way of such fees or charges ;

(b) no court or any other authority shall enforce any decree or order directing the refund of any amount received or realised by way of such fees or charges.".

@ Maharashtra Ordinance No. XIII of 1990 was repealed by Mah. 36 of 1990, s. 10. @@Maharashtra Ordinance No. III of 1991 was repealed by Mah. 15 of 1991, s. 11. @@@Maharashtra Ordinance No.XI of 1991 was repealed by Mah. 26 of 1991, s. 8.

45

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 7 Amended by Mah. 21 of 1992 (10-8-1992)+

" " " 12 of 1993 $(4-1-1993)+

" " " 15 of 1994.

" " " 41 of 1994@ (31-5-1994)+

" " " 44 of 1994 ‡‡ (11-11-1994)+

" " " 5 of 1995** (31-5-1994)+

" " " 20 of 1995 (31-8-1995) +

" " " 5 of 1996*+(23-11-1995)+

" " " 11 of 1996 (29-01-1996) +

" " " 25 of 1996 (4-9-1996) +

" " " 12 of 1997*++ (26-11-1996) + + This indicates the date of commencement of the Act. $ Section 11 of Mah. 12 of 1993 reads as under :— Bom. III " 11. For the removal of doubt, it is hereby declared that any octroi levied on natural gas and Validation of of 1888. liquified petroleum gas, being petroleum products, on or after the 1st day of April 1978 shall be deemed octroi levied on Mah. XII to have been levied under entry 22 in Schedule H to the Bombay Municipal Corporation Act, as natural gas and of 1993. amended by section 9 of the Maharashtra Municipal Corporations (Amendment) Act, 1993, as if that liquified entry in that form was in force on the day on which the octroi was so levied ; and accordingly,— petroleum gas.

(a) any sum paid or payable by way of such octroi shall be deemed to have been paid or payable in accordance with law ; and

(b) no claim shall lie in any Court against such levy or for the refund of any sum so paid or payable merely on the ground that the expression " petroleum products " did not explicitly mention natural gas and liquified petroleum gas as included therein.".

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

‡‡ Mah. Ord. 18 of 1994 was repealed by Mah. 44 of 1994, s. 11.

** Mah. Ord. 5 of 1995 was repealed by Mah. 5 of 1995, s. 13.

*+ Mah. Ord. 18 of 1995 was repealed by Mah. 5 of 1996, s. 7.

*++ Mah. Ord. 20 of 1996 was repealed by Mah. 12 of 1997, s. 6.

Sub-section (2) of section 1 of Mah. 12 of 1997 reads as under :—

" (2) This section and section 5 shall be deemed to have come into force on the 26th November 1996 and sections 2, 3 and 4 shall be deemed to have come into force on the 31st May 1994.".

Section 5 of Mah. 12 of 1997 reads as under :—

" 5. For the removal of doubt it is hereby declared that the amendments made by sections 2, 3 and Removal of 4 of this Act having been made with retrospective effect, all acts done and actions taken by the State doubt. Election Commissioner in pursuance of the powers conferred on him by the provisions of Mumbai Municipal Corporation Act, and the principal Act as amended by this Act, shall be deemed to be and always be deemed to have been, validly done and no such act or action shall be called in question merely on the ground that the seats reserved for the Backward Class of Citizens were not validly or lawfully reserved.".

46

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8 Mumbai Municipal Corporation Act [1888 : Bom. III

" " " 10 of 1998 ‡ (19-04-1998) +

" " " 13 of 1998 (03-05-1998) +

" " " 27 of 1999 $ (23-04-1999)+

" " " 25 of 2000 $* (04-03-2000) +

" " " 43 of 2000 (13-09-2000) +

" " " 2 of 2001 $** (19-09-2000) +

" " " 8 of 2002 ***@ (5-1-2002) +

" " " 11 of 2002 #

" " " 5 of 2005 (4-1-2005) +

" " " 15 of 2005 (15-4-2005) + +This indicates the date of commencement of the Act. ‡ Mah. Ord. 4 of 1998 was repealed by Mah. 10 of 1998, s. 256. Sections 56,90(b), 91,97,102,104 and 113 shall be deemed to have come into force on the 2nd March 1998. The remaining provisions of the Act came into force on the 19th April 1998, vide G. N., U.D.D., No. B.M.C./C.R. 21/96/U.D.-32, dated 18th April 1998.

Section 255 of Mah. 10 of 1998 reads as under :—

Power to

" 255. If any difficulty arises in giving effect to the provisions of the principal Act as amended by this remove

Act or by reason of anything contained therein or in giving effect to the provisions of the principal Act in difficulty.

respect of the matters contained in this Act, the State Government may, as occasion arises, by order do anything, not inconsistent with the provisions of the principal Act, as amended by this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty :

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

$ Section 209 of Mah. 27 of 1999 reads as under :—

Power to

" 209. If any difficulty arises in giving effect to the provisions of the principal Act as amended by this remove

Act or by reason of anything contained therein or in giving effect to the provisions of the principal Act in difficulty.

respect of the matters contained in this Act, the State Government may as occasion arise, by order do anything, not inconsistent with the provisions of the principal Act, as amended by this Act, which appears to it to be necessary or expedient for the purpose of removing the difficulty :

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

$* Mah. Ord. 7 of 2000 was repealed by Mah. 25 of 2000, s. 5.

$** Mah. Ord. 17 of 2000 was repealed by Mah. 2 of 2001, s. 5.

*** Mah. Ord. 28 of 2001, Mah. Ord. 32 of 2001, Mah. Ord. 34 of 2001 and Mah. Ord. 37 of 2001 were repealed by Mah. 8 of 2002.

@ Sub-section (2) of section 1, and section 23 of Mah. 8 of 2002 reads as under :—

" (2) (i) Sections 2, 3, 5(ii), 6, 8(a), 9, 11 and 13 to 20 and 23 (i) of this Act shall be deemed to have come into force on the 7th September 2001,

(ii) Section 4 shall be deemed to have come into force on the 20th October 2001,

(iii) Sections 5(i), 7, 8(b), 10, 21 and 23(ii) shall be deemed to have come into force on the 7th November 2001, and

(iv) Sections 12 and 22 shall be deemed to have come into force on the 16th October 2001.".

Power to " 23. If any difficulty arises in giving effect to the provisions of,— remove (i) any of the relevant Municipal Law or the Municipal Councils Act as amended by this Act, the difficulty. State Government or, as the case may be, the State Election Commission, may, by order published in the Official Gazette, give such directions, not inconsistent with the provisions of the relevant Municipal Law or the Municipal Councils Act, as amended by this Act, as may appear to it to be necessary or expedient for the purposes of removing the difficulty ;

(ii) any of the relevent Municipal Law or rules contained therein or made thereunder, as they stand amended by this Act, or, as also to any other provision in any of the relevant municipal law or the rules contained therein or made thereunder or by reason of anything contained therein, the State Election Commission may, as occasion arises, by order, take such action as appears to it to be necessary for the purpose of removing such difficulty :

Provided that, no order shall be made under this section after the expiry of two years from the commencement of this Act.".

# Section 1 and sections 10 to 22 and 30 of Mah. XI of 2002 shall be deemed to have come into force on 1st April 1999 (vide s. 1(2)(a)); and

sections 5, 6 40, 45 46, 47 and 50 of Mah. XI of 2002 were came into force on the 1st April 2002 and the remaining sections of the said Act came into force on the 14th February 2002 (vide G. N., U.D.D. No. MMC-1199/218/CR-29/2002/UD-32, dated the 14th February 2002, published in the M.G.G., Extraordinary Part IA-Central Sub-section, dated the 14th February 2002, on pages 14-15). Section 32 of Mah. XI of 2002 reads as under :—

Savings. " 32. (1) Notwithstanding the abolition of the tax on vehicles and the deletion of the provisions, relating to such tax, of the Mumbai Corporation Act, by the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2000, all

Mah. XI of the rules and regulations framed and orders, notifications or notices issued thereunder and in force

2002.

immediately before the coming into force of the said Amendment Act shall continue. to have effect for the levy, assessment, collection, refund of such tax or the imposition of any penalty, if such levy, assessment, collection, and refund or penalty relates to vehicles registered before the commencement of the said Amendment Act, or for any other purpose whatsoever connected with or incidental to any of the purposes aforesaid, and the pending proceedings in respect thereof shall be continued and disposed of by the Court or authorities, as if the said Amendment Act had not been enacted.

(2) The officers or authorities appointed or notified or delegated with the powers of carrying out the purposes of the provisions amended by the said Amendment Act shall continue to be the officers or authorities competent for the purposes of sub-section (1).".

47

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1888 : Bom. III] Mumbai Municipal Corporation Act 9 Amd. by Mah. 44 of 2005 (25-8-2005) +

" " " 19 of 2006 @ (21-6-2006) +

" " " 24 of 2006 (18-7-2006) +

" " " 27 of 2006 @@ (20-6-2006) +

" " " 35 of 2006 (19-8-2006) +

" " " 49 of 2006 @@@ (27-10-2006) +

" " " 11 of 2007 * (27-2-2007) +

" " " 15 of 2007 (27-10-2006) +

" " " 33 of 2007 ** (1-3-2008) +

" " " 3 of 2008 (4-1-2008) +

" " " 12 of 2008 (2-5-2008) +

" " " 13 of 2008 *** (12-5-2008) +

" " " 14 of 2008 (2-5-2008) +

" " " 18 of 2008 (8-5-2008) +

" " " 6 of 2009 (14-1-2009) +

" " " 7 of 2009 £ (6-2-2009) +

" " " 11 of 2009 ££ (1-4-2010) +

" " " 21 of 2009 $

" " " 27 of 2010 £££ (2-8-2010) +

" " " 9 of 2011 $$ + This indicates the date of commencement of the Act. @ Vide G.N., U.D. No. BNM. 5005/218/C.R. 43/2005/UD-32, dated 21st June 2006. @@ Mah. Ord. 7 of 2006 was repealed by Mah. 27 of 2006, s. 3. @@@ Mah. Ord. 12 of 2006 was repealed by Mah. 49 of 2006, s. 6. * Mah. Ord. 2 of 2007 was repealed by Mah. 11 of 2007, s. 13. ** Vide G.N., U.D. No. BNM. 5006/351/C.R. 79/UD-32, dated 28th February 2008. *** Vide G.N., U.D. No. BNM. 5007/434/C.R. 119/UD-32, dated 12th May 2008. £ Vide G.N., U.D. No. MMC. 2008/291/C.R. 103/UD-32, dated 6th February 2009. ££ Vide G.N., U.D. No. BMC. 1005/185/C.R. 24/2005/UD-32, dated 1st April 2010. $ Mah. 21 of 2009 has not been brought into force uptill the date of reprinting of this reprint. £££ Sections 1 and 12 came into force on this date, sections 2 to 9, 11 and 13 to 19 came into force on 26th August 2010. Mah. Ord. Nos. 9 and 10 of 2010 were repealed by section 20 of this Act. $$ Section 3 of this Act came into force on 1st May 2009 vide G.N., U.D.D., No. BMC. 5007/267/C. R. 71/ UD-32, dated 27th April 2011. Provision of section 2 of this Act in so far as it relates to section 354AC came into force on 1st November 2011 vide G.N., U.D.D., No. BMC. 5007/267/C. R. 71/UD-32, dated 1st November 2011.

48

L 1 H 4094

10 Mumbai Municipal Corporation Act [1888 : Bom. III

Amd. by Mah. 11 of 2011§ (10-3-2011) +

" " " 12 of 2011§§ (10-3-2011) +

" " " 14 of 2011§§§ (10-3-2011) +

" " " 20 of 2011 (21-4-2011) +

" " " 29 of 2011£ (12-9-2011) +

" " " 32 of 2011££ (21-5-2011) +

" " " 40 of 2011#

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

" " " 6 of 2012$$ (12-3-2012) +

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

" " " 20 of 2012** (14-8-2012) +

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

" " " 34 of 2014 (26-8-2014) +

" " " 13 of 2015 (7-4-2015) +

" " " 34 of 2015@@ (15-6-2015) +

" " " 43 of 2015@@@ (5-10-2015) + +

This indicates the date of commencement of Act. §

Mah. Ord. 10 of 2011 was repealed by Mah. 11 of 2011, s. 17. §§

Mah. Ord. 9 of 2011 was repealed by Mah. 12 of 2011, s. 8. §§§

Mah. Ord. 11 of 2011 was repealed by Mah. 14 of 2011, s. 13. £

Vide G.N., U.D., No. MMC. 2010/5/C.R. 6/UD-32, dated 9th September 2011. ££

Mah. Ord. 12 of 2011 was repealed by Mah. 32 of 2011, s. 49. #

This Act has not come into force on the date of revision of this reprint. $

Vide G. N., U. D., No. MMC. 2009 /72/C.R. 48/2009/UD-32, dated 22nd March 2012. $$

Mah. Ord. 4 of 2012 was repealed by Mah. 6 of 2012, s. 12 (1). * *

Section 3 of Mah. 20 of 2012 reads as under :— Validation. " 3. Notwithstanding anything contained in the principal Act, or in any rules, bye -laws or regulations made thereunder or in any judgment, decree or order of any court, tribunal or any other authority, any levy, demand and collection of premium on account of unearned income and transfer fees or charges or penalty by the corporation during the period commencing on the 22nd June 1993 and ending on the date of commencement of the Mumbai Municipal Corporation (Amendment and Validation) Act, 2011, on Mah. XX further assignment or transfer of leasehold rights by the lessee or transferor of such leasehold rights in of 2012. respect of the properties of the corporation given on lease, with or without the prior permission of the Commissioner, and any action taken by the corporation therefor, shall be deemed to have been validly levied, demanded, collected or taken and shall be deemed always to have been validly levied, deemanded, collected or taken under the prinicipal Act, as amended by the Mumbai Municipal Corporation (Amendment and Validation) Act, 2011; and accordingly no suit, prosecution or other legal procedings shall lie in any Mah. XX court or before any tribunal or other authority on the ground that, the provisions of the prinicipal Act, of 2012. prior to such commencement, did not provide for levy, demand and collection of such premium and transfer fees or charges or penalty or action by the corporation. No suit, prosecution or other legal proceedings shall lie or be maintained or continued, in any court or before any tribunal or other authority, for the refund of any such premium and transfer fees or charges or penalty so levied, demanded, collected or for any action taken with effect from the 22nd June 1993.".

@@

Mah. Ord. 13 of 2015 was repealed by Mah. 34 of 2015, s. 3(1). @@@

Mah. Ord. 19 of 2015 was repealed by Mah. 43 of 2015, s. 6. Section 5 of the mah. 43 of 2015 reads as under :— Power to

" 5. (1) If any difficulty arises in giving effect to the provision of the Mumbai Municipal Corporation remove Act, the Maharashtra Municipal Corporations Act or, as the case may be, the Maharashtra Municipal III of difficulty. Councils, Nagar Panchayaats and Industrial Townships Act, 1965, as amended by this Act, the State 1888. Government may, as occasion arises, by an order published in the Official Gazatte, give such directions LIX of not inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the 1949. purpose of removing the difficulty : Mah. XL

Provided that, no such order shall be made after expity of the period of two years form the date of of 1965. 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.".

49

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 11

An Act to consolidate and amend the law relating to the Municipal Government of ¹[Brihan Mumbai].

WHEREAS it is expedient to consolidate and amend the law relating to the Preamble. Municipal Government of ²[Brihan Mumbai] ; it is enacted as follows :—

CHAPTER I

PRELIMINARY

1. This Act may be cited as ³[the ⁴[Mumbai Municipal Corporation] Act.]

Short title and 5 [It] extends only to

6 [Brihan Mumbai].

extent.

2. The enactments mentioned in Schedule A are repealed to the extent

Repeal of specified in the third column of the said Schedule :

enactments. Provided that—

(a) all rules and by-laws made, all notifications published, all orders issued and all licences and permissions granted under any of the said enactments and still in force shall, so far as they are consistent with this Act, be deemed to have been respectively made, published, issued and granted hereunder ; and

(b) all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done, by, with or for the municipal corporation before this Act come into force shall be deemed to have been incurred, entered into or engaged to be done by, with or for the municipal corporation constituted under this Act; and

(c) all rates, taxes and sums of money due to the corporation when this Act comes into force shall be deemed to be due to the corporation under this Act; and

(d) all suits or other legal proceedings, civil, criminal, institute or which might but for passing of the Act have been instituted by or against the corporation or the Commissioner may be continued or instituted subject to the provisions of section 13 of Schedule R as if this Act has not been passed ; and

50

L 1 H 4094

12 Mumbai Municipal Corporation Act [1888 : Bom. III

1

(e) all references made in any Act of the Governor of Bombay in Council to any of the said enactments shall be read as if made to this Act or to the corresponding portion thereof.

Definitions of 3. In this Act, unless there be something repugnant in the subject or terms.

context,— 2 [(a) " the city" means the area specified in Part I of Schedule A to the Bom. Greater Bombay Laws and the Bombay High Court (Declaration of Limits)

XVII of Act, 1945 ;

1945.Bom. 3 [(aa) " extended suburbs " means the area specified in Part IV of Schedule XVII of A to the Greater Bombay Laws and the Bombay High Court (Declaration of

1945.

Limits) Act, 1945] ; ^Bom. (a1) "⁴[Brihan Mumbai]" means the area specified in Parts I, II and III of

XVII of1945. Schedule A to the Greater Bombay Laws and the Bombay High Court Bom. (Declaration of Limits) Act, 1945⁵[and on and from the date of commencement

XVIII of of the Bombay Municipal [Further Extension of Limits and Schedule BBA (

1956.

Amendment)] Act, 1956, includes the extended suburbs i. e., the area specified in Part IV of this Schedule];

(a2) " the suburbs " means the area specified in Part II and III of Schedule ^Bom. A to the Greater Bombay Laws and the Bombay High Court (Declaration of

XVII of Limits) Act, 1945];

1945.

6 [(a3) " 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 ;]

(b) "the corporation" means the Municipal Corporation of ⁷[⁸[Brihan Mumbai] constituted or deemed to have been constituted under this Act;] 9 [(c) " 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 Committee 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 ;]

10 [(cc) " Commission " means the Public Service Commission constituted for the State of Bombay under the Constitution of India ;]

11

(d) " the Commissioner " means the Municipal Commissioner for [Brihan Mumbai] appointed under section 54, and includes ¹²[an Additional Municipal Commissioner appointed under sub-section (3) of section 54 and] an acting Commissioner appointed under sub-section (3) of section 59 ;

(e) " Deputy Commissioner " means a Deputy Municipal Commissioner appointed under section 55 ¹³[and the Deputy Municipal Commissioner (Improvements) appointed under section 56A] and includes an acting Deputy Commissioner appointed under sub-section (3) of section 59, ¹⁴[an Additional Deputy Municipal Commissioner appointed under sub-section (1A) of section 55];

1 The words " Governor of Bombay " shall stand unmodified vide the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

2 These clauses were substituted for clause (a) by Bom. 7 of 1950, s. 5(i).

3 This clause was inserted by Bom. 58 of 1956, s. 3(1).

51

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 13 1 [(ea) "Director" means the Director (Engineering Services and Projects) appointed under section 54A ;]

2 [(eb) "Designated Officer" means an officer designated under sub-section

(1) of section 351 ;]

(f) " the Police Commissioner" means the Commissioner of Police ³[for 4 [Brihan Mumbai] ];

5 [(g) " Education Officer " means the Municipal Education Officer appointed under section 76A and includes an acting Municipal Education Officer appointed under section 85] ;

6 [(h) " election " means an election to fill a seat or seats of a councillor or councillors under this Act] ;

7 [(i) " 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 ⁸[Brihan Mumbai]; Mah. 43 (j) " Assembly roll " means the electoral roll prepared for any Assembly of 1950.

Constituency in accordance with the provisions of the Representation of the Peoples Act, 1950] ;

(k) " licensed plumber " and " licensed surveyor " means respectively, a person licensed by the Commissioner for the purposes of this Act as a plumber or surveyor under section 355;

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

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

(l) " Small Cause Court" means the Court of Small Causes of Bombay ; 10 [(la) " 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 ;]

(m) "owner" when used in reference to any premises, means 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, and

(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 ; and

(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 ;

1 Clause (ea) was inserted by Mah. 53 of 1981, s. 2.

2 Clause (eb) was inserted by Mah. 2 of 2012, s. 2.

52

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14 Mumbai Municipal Corporation Act [1888 : Bom. III

(n) a person is deemed " to reside " in any dwelling which he sometimes uses, or some portion of which he sometimes uses, though, perhaps, not uninterruptedly, as a sleeping apartment;

and a person is 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 thereto;

(o) the term " public securities " means securities of the ¹[Central Government] and any securities guaranteed by ²[the Central or any ³[State] Government], securities of the Bombay Port Trust, securities issued under this Act and any Bombay Municipal debentures or other securities heretofore issued ⁴[and any debentures or other securities issued under the City of Bom. IV Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust

of 1898. Transfer Act, 1925] ; ^Bom.

(p) " tax " includes any impost leviable under this Act;

XVI of1925. 5 [(pa) " article " in relation to octroi means any goods ;]

(q) " vehicle " includes a carriage, cart, van, dray, truck, handcart and wheeled conveyance of any description capable of being used on the streets of the city;

(r) " land " includes land which is ⁶[being built upon or is built] upon or covered with water, ⁷[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] ;

(s) " building " includes a house, out-house, stable, shed, hut, ⁸[tank (except tank for storage of drinking water in a building or part of a building)] and every other such structure, whether of masonary, bricks, wood, mud, metal or any other material whatever;

9 [(sa) " tenement " means a building or a part of a building, other than a temporary building or a part thereof, let or intended to be let or occupied separately;

(sb) " temporary building " means any building which is constructed principally of mud, leaves, grass, cloth, thatch, wood, corrugated iron or asbestos cement sheets or such other material and includes a building of whatever size constructed of whatever material which the Commissioner has allowed to be built as a temporary measure ; ]

(t) " water-work " includes a lake, stream, spring, well, pump, reservoir, cistern, tank,¹⁰[tunnel,] duct, whether covered or open, sluice, main pipe, culvert, engine and any machinery, land, building, or thing for supplying or used for supplying water ;

ll [(u) "drain" includes a swear, pipe, ditch, channel,

12 [tunnel,] and any other device for carrying of sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall;]

53

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1888 : Bom. III] Mumbai Municipal Corporation Act 15

(v) " house-gully " means a passage or strip of land constructed, set apart or utilized 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;

(w) "street" includes any highway and any causeway, bridge, viaduct, arch, road, lane, footway, square, court, alley 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 carriageway in any street, the said term includes, both ;

(x) " public street" means any street heretofore levelled, paved, metalled, channelled, sewered or repaired by the corporation and any street which becomes a public street under any of the provisions of this Act; ¹[or which vests in the corporation as a public street] ;

(y) " private street " means a street which is not a public street; 2 [(yy) " trade refuse" means and includes the refuse of any trade, manufacture or business ;]

(z) " 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, smelling or hearing, or which is or may be dangerous to life or injurious to health or property ;

(aa) " dangerous disease " means cholera and any endemic, epidemic, or infectious disease by which the life of man is endangered ; (bb) " official year " means the year commencing on the first day of April; (cc) " public holiday " means a day or other period of time on or during which

5

by an order of ³[the ⁴[ State [ Government] published in the [Official Gazette], Government offices in the city are closed ;

(dd) " sub-section " and " clause " denote, respectively, a sub-section or clause of the section in which the word occurs ;

6 [(ee) " bakehouse " means any place in which are baked bread, biscuits or confectionery, from the baking or selling of which a profit is derived ; (ff) "eating-house" means any premises to which the public are admitted and where any kind of food is prepared or supplied for consumption on the premises for the profit or gain of any person owning or having an interest in or managing such premises ;

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

6

L 1 H 4094

16 Mumbai Municipal Corporation Act [1888 : Bom. III

1 [(hh) " a sweetmeat shop " means any premises or part of any premises used for the manufacture, treatment or storing for sale, or for the sale, wholesale or retail, of any ice-cream, 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 ;]

2

* * * * * * * 3 [(ll) " market " includes any place where persons assemble for the sale of or for the purpose of exposing for sale, 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 ;] 4 [(mm) "the

5 [Brihan Mumbai Electric Supply and Transport Undertaking]" means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the corporation for the purpose of providing tramways, trackless trams or mechanically propelled transport facilities for the conveyance of the public or for the purpose of supplying electrical energy to the public and includes all movable and immovable property and rights vested or vesting in the corporation for the purposes of every such undertaking;

(nn) " the General Manager " means the General Manager of the ⁶[Brihan Mumbai Electric Supply and Transport Undertaking] appointed under section 60A and includes an acting General Manager appointed under section 60B;]

7

[(oo) " Wards Committee " means a Wards Committee constituted under section 50TT;

(pp) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of article 243-I of the Constitution of India ;] 8 [(qq) " Mayor " means the Mayor of the Corporation elected by the elected Councillors from amongst themselves under section 37IB ;

9

* * * * * * * (tt) " prescribed " means prescribed by rules made under this Act.]

CHAPTER II

THE MUNICIPAL CONSTITUTION

Municipal Authorities Municipal ¹⁰[4. The Municipal Authorities charged with carrying out the provisions Authorities.

of this Act are—

(a) a Corporation;

(b) a Standing Committee ;

(c) an Improvements Committee ;

1 Clause (hh) was inserted by Bom. 5 of 1920, s. 2.

2

Clauses (ii), (jj) and (kk) were deleted by Bom. 48 of 1950, s. 2(5).

3 Clause (ll) was added by Bom. 5 of 1938, s. 2.

4 Clauses (mm) and (nn) were added by Bom. 48 of 1948, s. 2.

5 These words were substituted for the words " Bombay Electric Supply and Transport Undertaking " by Mah. 25 of 1996, s. 2.

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 17

(d) a Brihan Mumbai Electric Supply and Transport Committee ;

(e) an Education Committee ;

(f) a Wards Committee ;

(g) a Mayor ;

(h) a Municipal Commissioner ;

(i) a General Manager of the Brihan Mumbai Electric Supply and Transport Undertaking.]

(A) The Municipal Corporation. 1 [5. (1) The Corporation shall consist of,—

Composition of Corporation.

(a) ²[two hundred and twenty-seven] councillors directly elected at ward elections ; and

(b) five nominated councillors having special knowledge or experience in Municipal Administration to be nominated by the Corporation in the prescribed manner :

Provided that, nothing in this sub-section shall have effect until the expiry of the existing term of the Corporation.

(2) The Corporation shall by the name of " The Municipal Corporation of 3 [Brihan Mumbai] " be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.]

4 [5A. (1) Notwithstanding anything contained in clause (a) of

Reservation of seats.

sub-section (1) of section 5 or in section 19, for the purpose of any general Mah. XLI

election held after the commencement of the Maharashtra Municipal of 1994.

Corporations and Municipal Councils (Amendment) Act, 1994, such number of seats out of the total number of seats to be filled in by direct election, shall be reserved for the members belonging to the Scheduled Castes, Scheduled Tribes, women and the Backward Class of citizens, as provided in sub-sections

(2) to (5) both inclusive.

(2) (a) The number of seats to be reserved for the members belonging to the Scheduled Castes 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 in ⁵[Brihan Mumbai]. bears to the total population of ⁵[Brihan Mumbai].

1

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

2

These words were substituted for the words "two hundred and twenty-one" by Mah. 8 of 2002, s. 2, with effect from 7th September 2001.

3

These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2.

4

Section 5A was inserted by Mah. 41 of 1994, s. 6.

These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s.2.

5

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18 Mumbai Municipal Corporation Act [1888 : Bom. III

(b) ¹[one-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Castes :

Provided that, where only one seat is reserved for the Scheduled Castes, then no seat shall be reserved for women belonging to the Scheduled Castes 2 * * * * * * * * *.

(3) (a) The number of seats to be reserved for the members belonging to the Scheduled Tribes 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 Tribes in ³[Brihan Mumbai] ;

(b) ⁴[one-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Scheduled Tribes :

Provided that, where only one seat is reserved for Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Tribes,⁵* * * * * * * * *.

(4) (a) ⁶[Twenty-seven per cent.] seats out of the total number of seats to be filled in by direct election shall be reserved for the members belonging to the Backward Class of citizens;

(b) ⁷[one-half] of the total number of seats reserved under clause (a) shall be reserved for women belonging to the Backward Class of citizens.

(5) ⁸[one-half] (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and the Backward Class of citizens) of the total number of seats to be filled in by direct election shall be reserved for women.

(6) The seats reserved under sub-sections (2), (3), (4) and (5) shall be allotted by the State Election Commissioner by rotation to different wards.

(7) The reservation of seats under sub-sections (2) and (3) for the Scheduled Castes and the Scheduled Tribes other than the reservation for women in sub-section (5), shall cease to have effect after the period specified in Article 334 of the Constitution of India.]

1

These words were substituted for the words "one-third" by Mah. 20 of 2011, s. 2 (1) (a).

2

The words "and where only two seats are reserved for the Scheduled Castes, one of the two seats shall be reserved for women belonging to the Scheduled Castes" were deleted by Mah. 20 of 2011, s. 2 (1) (b).

3

These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2.

4

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

5

The words "and where only two seats are reserved for the Scheduled Tribes, one of the two seats shall be reserved for women belonging to the Scheduled Tribes" were deleted by Mah. 20 of 2011, s. 2 (2) (b).

6

These words were substituted for the words "As nearly as may be twenty-seven per cent. " by Mah. 12 of 1997, s. 2.

7

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

These words were substituted for the words " One-third ", by Mah. 20 of 2011, s. 2(4).

8

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 19 1 [5B. Every person desirous of contesting election to a seat reserved for

Personcontesting the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward

election for reserved seat Class of Citizens, shall be required to submit, alongwith the nomination paper, to submit Caste Caste Certificate issued by the Competent Authority and the Validity

Certificate andValidity Mah.

Certificate issued by the Scrutiny Committee in accordance with the

Certificate. XXIII of

2001.

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 [Provided that, for the General or bye-elections for which the last date of filing of nomination falls on or before the 31st December 2017, 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 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 Scritiny Committy for issuance of the validity certificate or any other proof of having made such application to the Scritiny 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 Coundillor].

2

* * * * * *

3 [Duration of the Corporation : Term of Office of Councillors : Casual Vacancies, etc.] 4 [6. The Corporation shall continue for a period of five years from the

Duration of Corporation. date appointed for its first meeting and no longer.

1

Section 5B was inserted by 35 of 2006, s. 2.

2

The provisos were added by Mah. 13 of 2015, s. 2. Section 6 of Mah. 13 of 2008 reads as under :— Removal " 6. For the removal of doubt, it is hereby declared that, the election to a reserved seat to the Bom. III of of doubt. municipal Corporations or Municipal Councils, before the date of coming into force of this Act, shall 1888. be regulated by the relevant provisions of the Mumbai Municipal Corporation Act, the Bombay Bom. LIX of Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948, or, as the 1949. case may be, the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships C.P. and Berar Act, 1965, as they existed before such date of commencement.". II of 1950.Mah. XL of

3

This heading was substituted by Mah. 41 of 1994, s. 7. 1965.

4

Sections 6, 6A and 6B were substituted by Mah. 41 of 1994, s. 8.

L 1 H 4094

20 Mumbai Municipal Corporation Act [1888 : Bom. III

Term of office

6A. The term of office of the councillors shall be co-terminus with the of Councillors.

duration of the Corporation.

Election to

6B. An election to constitute the Corporation shall be completed before constitute

Corporation.

the expiry of its duration specified in section 6.]

7. [Day for retirement of councillors] Deleted by Mah. 41 of 1994, s. 9.

7A. [Provision for appointment of Administrator after normal term of office of Councillors expires.] Deleted by Mah. 41 of 1994, s. 10. Councillor to ¹[7B. ²[Notwithstanding anything contained in sections 47, 49G, 50B or vacate all

offices if he

ceases to be a 50M or any other provisions of this Act, a person] who ceases to be a Councillor councillors.

shall, ipso facto, vacate any office held by him on any Committee of the Corporation by virtue of his being a Councillor.]

Re-eligibility of

8. Any person who ceases to be a councillor shall, unless disqualified, be persons

ceasing to be re-eligible.

councillors.

Casual

9. In the event of non-acceptance of office by a person elected ³**** to be vacancies how

to be filled up. a councillor or of the death, resignation or disqualification of a councillor, of his becoming incapable of acting ⁴[during the term of his office] there shall be deemed to be a casual vacancy in the office and such vacancy shall be filled up, as soon as it conveniently may be, by the election ¹* * * 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 7B was substituted for the original by Mah. 10 of 1998, s. 4,

2

These words were substituted for the words " A person " by Mah. 27 of 1999, s. 4.

3

The words " or appointed " and " or appointment, as the case may be " were deleted by Bombay 13 of

1 938, ss. 6 and 7.

4

These words were substituted for the words " previous to the day of retirement " by Mah. 41 of 1994, s. 12(a).

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 21 1 [The casual vacancy in the office of an elected councillor shall be filled up in the manner provided in section 34] :

2 [Provided that no election shall be held to fill up such vacancy

3 [if it occurs within six months preceding the date on which the term of office of the Councillor expires under section 6A.]]

4 * * * *

10. The names of all persons elected ⁵** to be councillors shall be published

Publication of names of

by ⁶[the State Election Commissioner] in the ⁷[Official Gazette].

councillors in the Official Gazette.

Qualifications and Disqualifications of Voters and Councillors.

11. (1) A person shall not be entitled to vote at a ward election unless he ¹⁰[Persons qualified to

is enrolled in the municipal election roll as a voter of the ward for which vote]. such election is held.

8 * * * * * * * *

11 A. [Qualifications of voters at election of delegates.] Repealed by Bom. 48 of 1950, s. 6.

12. and 13. [Repealed by Bom. VI of 1922.]

14. ⁹** A person shall not be qualified to be elected at a ward election to

Qualification be a councillor ¹²[unless he is enrolled in the municipal election roll as a

for election asa councillor at voter of some ward].

a wardelection.

10 * * * * * * * * 11 * * * * * * * *

1

These words were added by Bom. 28 of 1935, s, 2.

2

This proviso was added by Bom. 12 of 1936, s. 2.

3

These words were substituted for the words " occuring within four months prior to the day for retirement " by Mah. 41 of 1994, s.12(b).

4

The proviso was deleted by Mah. 41 of 1994, s. 12(c).

5

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 13.

6

The words " Official Gazette " were substituted for the words " Bombay Government Gazette " by the Adaptation of Indian Laws Order in Council.

7

Sub-sections (2), (3), (4), (5) and (6) were deleted by Mah. 8 of 1965, s. 5(a).

8

This marginal note was substituted by Mah. 8 of 1965, s. 5(b).

9

The brackets and figure " (1) " were deleted by Mah. 6 of 1980, s. 2(a).

10

These words were substituted for the words and figures " unless his name is included in Part-I of the final roll of some ward " by Mah. 20 of 1980, s. 2.

11

Words repealed by Bom. 6 of 1922, s. 6, are omitted.

12

Sub-section (2) was deleted by Bom. 13 of 1938, s. 9(1). H 4094—8

L 1 H 4094

22 Mumbai Municipal Corporation Act [1888 : Bom. III 14A. [Qualifications for elections as a councillor by delegates.] Repealed by Bom. 48 of 1950.

15. [Qualification for election by Chamber, etc.] Repealed by Bom. 17 of

1950.

Disqualifica-

15A. [Qualification for Co-option]. Repealed by s. 3 of Bom. 48 of 1931. tions for being a

councillor.

16. (1) A person shall be disqualified for being elected ^l* ²* and for being councillor if such person—

3 [(a-1) 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 :

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

(ii) made by the Legislature of the State of Maharashtra; or] 4 [(a) has, at any time after the commencement of section 2 of the

Mah. Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted

XIII of of an offence punishable under section 153A, or sub-section (2) or (3) of section

1971.

505 of the Indian Penal Code :

XLV of1860. Provided that, such disqualifications shall be for a period of six years from the date of such conviction ; or]

5 [(aa) has been removed from the office under section 18-1A and five years have not elapsed from the date of such removal; or]

6 [(b) 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]

7 [(ba) 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 ^Mah. Councils, Nagar Panchayats and Industrial Townships (Second Amendment)

XLIII of Act, 1995 (hereinafter in this clause referred to as " the date of

2000.

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 commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;

(ii) " child " does not include an adopted child or children,] if and while such person-

8 [(c) having been adjudged or re-adjudged an insolvent, is under any

III of disqualification imposed by section 103A of the Presidency-towns Insolvency

1909.

Act, 1909 ; or section 73 of the Provincial Insolvency Act, 1920 ; or]

V of1920.

1

The words " or appointed " were deleted by Bom. 13 of 1938, s. 10.

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 23

(d) is the Commissioner, ¹[the Director]or a Deputy Commissioner or a Municipal Officer or servant, or a licensed surveyor or plumber ²[or a member of a firm of which a licensed surveyor or plumber is a member] ; or

(e) is the Chief Judge of the Small Cause Court or is acting in that capacity ; or

3 [(ee) fails to pay any arrears of any kind due by him (otherwise than as a trustee) to the corporation within three months after a special notice in this behalf has been served upon him; or]

(f) 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 ; ⁴[or] 5 [(fa) having been elected as Councillor, during his term of office as a Councillor, has directly or indirectly, by himself or his partner, any share or interest in any lease including any leave or licence (but excluding any official residence provided by the Corporation), sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or] 6 [(ff) 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 is interested or concerned:

Provided that his disqualification shall not apply to a councillor who renders free service for securing the enforcement of civic rights or removal of legitimate public grievances ;]

7 [(g) is a Member of the State Legislature or Parliament:

Provided that, nothing in this clause shall effect 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 Mah. from the 7th October 2001, till the 20th October 2001, being the date of Ord.

publication of the Maharashtra Municipal Corporations and Municipal XXXI of

2001. 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;]

8 [Explanation

9 [I].— For the purpose of clause (f)—

(i) a municipal pensioner shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation, by reason only of his pension ;

(ii) a person shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation by reason only of any relation of his being employed with, by or on behalf of the corporation, as an officer or servant, thereof.

62

L 1 H 4094

24 Mumbai Municipal Corporation Act [1888 : Bom. III

1 [Explanation II.—For the purpose of clause (fa)—

(i) a Councillor shall not be deemed to have any share or interest in any lease including any leave or licence, sale or purchase of land or any agreement for the same, by or on behalf of, the Corporation, if such share or interest is not acquired by him directly or indirectly by use of his position or office as a Councillor ;

(ii) the expression "leave" or "licence" means a licence as defined in section V of 52 of the Indian Easement Act, 1882]].

1882.

2 [(1-1A) If, a Councillor or a person 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 opportunity of being heard,—

(a) disqualify such Councillor to continue as a Councillor for the remainder of his term of office as 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]. 3 [(1A) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members' Disqualification Act, 1986

Mah. XX of 1987. for being a councillor shall cease to hold office as such councillor.]

4

* * * * 5 [(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 violating the provisions of this Act or the Maharashtra Regional and Town Planning Act, 1966 or the Mah.

XXXVII

rules or bye-laws framed under the said Acts ; or has directly or indirectly of 1966. 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 remainder 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

The existing Explanation was renumbered as Explanation I and Explanation II was added by Mah. 51 of 1975, s. 2.

2

Sub-section (1-1A) was inserted by Mah. 32 of 2011, s. 2 (1)(a).

3

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

4

Sub-sections (1B) and (1C) were deleted by Mah. 35 of 2006, s.3.

5

Section (1D) was inserted by Mah. 11 of 2002, s. 2

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 25 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 an 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) But a person shall not be so disqualified or be deemed to have any share or interest in such a contract or employment by reason only of ²[his receiving fee for attendance at meetings of the ³[ Brihan Mumbai Electric Supply and Transport Committee] or of] his having any share or interest in—

4 [(g) subject to the provisions of clause (fa) of sub-section (1), any lease including any leave or licence, sale or purchase of land or any agreement for the same, by or on behalf of the Corporation ; or]

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

(i) any newspaper in which any advertisement relating to the affairs of the corporation is inserted ; or

(j) any joint stock company which shall contract with or be employed by the Commissioner on behalf of the corporation ; or

(k) the occasional sale to the Commissioner on behalf of the corporation to a value not exceeding in any official year two thousand rupees, of any article in which he regularly trades.

5

* * * * * * * * *

17. Any councillor who,—

A person becoming

(a) becomes disqualified for being a councillor for any reason mentioned

disqualifiedto cease to in the last preceding section, or

be acouncillor.

(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,

1

Sub-sections (1E) and (1F) were inserted by Mah. 12 of 2008, s.2.

5

L 1 H 4094

26 Mumbai Municipal Corporation Act [1888 : Bom. III

† ¹

* * * * * * * * ²[or]

(d) absents himself from or is unable to attend the meetings of the corporation during twelve successive months from any cause whatever, whether approved by the corporation or not,³* ] 4 * * * * * * * * *

shall cease to be a councillor and his office shall thereupon be vacant. Questions as to 18. Whenever it is alleged that any councillor has become disqualified disqualifications

for office for any reason aforesaid, and such councillor does not admit the to be

determined by allegation, or whenever any councillor is himself in doubt whether or not he Chief Judge of

has become disqualified for office, such councillor or any other councillor the Small

Cause Court. may, and the Commissioner, at the request of the corporation, shall apply to the Chief Judge of the Small Cause Court; and the said Chief Judge, after making such inquiry as he deems necessary, shall determine whether or not such councillor has become disqualified for being a councillor, and his decision shall be a conclusive.

Liability of ⁵[18-1A. (1) The State Government may, on its own motion or on the Councillor to

removal from recommendation of the Corporation, remove any Councillor from office, if office. such Councillor has been guilty of any misconduct in discharge of his duties or of any disgraceful conduct, during his current term of office or immediately preceding term of office as a Councillor.

(2) No resolution recommending the removal of any Councillor for the purpose of sub-section (1) shall be passsed by the Corporation and no order of removal 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), Councillor shall be disqualified for being a Councillor, or from becoming a Councillor, or a Councillor or a member of any other local authority, for a period of five years from the date of such order, unless the State Government relieves him of the disqualification by an order which it is hereby empowered to make.]

† Section 79 of Bom. 48 of 1950 reads as follows :—

Saving " 79. Nothing in sections 2(1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other Committee or sub-committee as constituted or appointed under the said Act immediately before the coming into operations of this Act and any casual vacancy, in the office of a councillor or a member of any of the said committees or sub-committees before the 1st day of April 1952 shall subject to the provisions of the said Act, be filled as if this Act had not been passed. ".

1

Clause (c) was deleted by Bom. 48 of 1950, s. 10 (1).

2

The word " or " and clause (d) were inserted by Bom. 5 of 1938, s. 4.

3

The word " or " was deleted by Mah. 48 of 1950, s. 10 (2).

4

Clause (e) was deleted, ibid., s. 10(3).

Section 18-1A was inserted by Mah. 3 of 2008, s.3.

5

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 27 Municipal Election Roll

1 [18A. (1) The superintendence, direction and control of the preparation

State Election of the electoral rolls for, and the conduct of, all elections to the Corporation

Commission. shall vest in the State Election Commission.

(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 Ward Officer.

(3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of the Corporation un- der 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 direc- tions which may not be inconsistent with the provisions of this Act for fair and free elections.]

2 [18AA. The State Election Commissioner may, with a view to prevent

Power of State impersonation of electors at the time of election, issue such directions, as he

Election Commissioner thinks fit, to the presiding officers and such directions may include instructing to issue 43 of

the electors to produce, at the time of polling, the photo identity cards issued

directions to

1951.

to them under the provisions of the Representation of the Peoples Act, 1951].

preventimpersonation. 3 [19. (1) For the purposes of elections to the Corporation,— 4 [(a) The

5 [State Election Commissioner] shall, from time to time, by noti-

Division of fication in the Official Gazette, divide the area of ⁶[Brihan Mumbai] into

Mumbai intosingle member wards and specify the boundaries thereof, so that, as far as practicable, all

wards and10 [preparation wards shall be compact areas and the number of persons in each ward ac-

of] municipal cording to the latest census figures shall approximately be the same. Each of

election rolltherefor. the wards shall elect only one councillor :] Provided that, before such notification is published, a draft thereof shall be published in the Official Gazette and in such other manner as in the opin- ion of the ⁵[State Election Commissioner] is best calculated to bring the in- formation 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 sugges- tions will be received, and the date after which the draft will be taken into consideration.

7

* * * * * * * * * 8 [(b) 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 di- vided by the State Election Commissioner into different sections correspond- ing to the different wards in ⁹[Brihan Mumbai]; and a printed copy of each section of the roll so divided and authenticated by the State Election Commis- sioner or an officer authorised by him, shall be the ward roll for each ward.]

1 Section 18A was inserted by Mah. 41 of 1994, s. 15.

2 Section 18AA was inserted by Mah. 44 of 1994, s. 2.

3

Section 19 was substituted by Mah. 8 of 1965, s. 6.

4

This portion was substituted for the portion beginning with the brackets, letters and words "(1) the area of Greater Bombay" and ending with the wrods "by the State Government in the Official Gazette" by Mah. 15 of 1991, s. 3(a).

5

The words were substituted for the words "State Government" by Mah. 41 of 1994, s. 16 (a)(1).

6

These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2.

7

The Explanation was deleted by Mah. 15 of 1991, s. 3(b)

8

Clause (b) was substituted for the original by Mah. 11 of 1996, s. 2.

9

These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, s. 2.

10

These words were substituted for the words "adoption of relevant Assembly roll as" by Mah. 53 of 1973, s. 2(c).

L 1 H 4094

28 Mumbai Municipal Corporation Act [1888 : Bom. III

1

* * * * * *

(2) Only one councillor shall be elected at each ward election.

(3) ²* * * * * * * (4)³* * * * * * *

4 [20

1 * * * * * * Right to vote. ⁵[21. Subject to the provisions of this Act, every person whose name is ⁶[in the municipal roll shall be deemed to be entitled to vote at a ward election] and every person whose name is not in the said roll be deemed to be not entitled so to vote.]

*21A. [Procedure regarding election of delegates and councillors.] Repealed by Bom. 48 of 1950, s. 11.

21B. [Preparation and revision of list for supplementary election rolls .] Deleted by Mah. 8 of 1965, s.9.

21C. [Completion of supplementary election rolls.] Deleted by Mah. 8 of 1968, s. 9.

21D. [Consolidation of supplementary election roll.] Deleted by Mah. 8 of 1965, s. 9.

Election of Councillors

Date of ⁷[22. The dates of general ward election of councillors and election to fill election.

casual vacancies shall be fixed by the State Election Commissioner].

8

[23. * * * * * * *

24. [Division of the city into wards for purposes of elections.] Deleted by Mah. 8 of 1965, s. 11.]

Notice to be

25. ⁹[(1)] ¹⁰[Seven days] atleast before the day fixed for a ward election ¹¹* given of day

* * notice of such election shall be given by

12 [the State Election Commis- fixed for ward

elections. sioner]. Such notice shall be given by advertisement in the[Official Gazette] and in the local newspapers, and ¹¹* * by posting placards in conspicu- ous places in the ward for which election is to take place.

1 Sub-section (1A) was deleted by Mah. 11 of 1996, s. 2(a).

2 Sub-section (3) was deleted, ibid., s. 2(b).

3

Sub-section (4) was deleted by Mah. 53 of 1973, s. 2(b).

4

Section 20 was deleted by Mah. 11 of 1996, s. 3.

5

Section 21 was substituted by Mah. 53 of 1973, s. 4.

6

These words were substituted for the words and figures "in Part I or Part II of any final ward roll for any ward shall be deemed to be entitled to vote at an election in that ward" by Mah. 20 of 1980, s. 4. * Section 79 of Bom. 48 of 1950 reads as follows :—

Saving. "79. Nothing in sections 2 (1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other committee or sub-committee as constituted or appointed under the said Act immediately before the coming into operation of this Act and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committee, before the 1st day of April 1952, shall, subject to the provisions of the said Act, be filled as if this Act had not been passed.".

7

Section 22 was substituted by Mah. 41 of 1994, s. 17.

8

Section 23 was deleted by Mah. 10 of 1998, s. 5.

9

This section was renumbered as sub-section (1) of section 25 by Mah. 43 of 1983, s. 4(1).

10

These words were substituted for the words "Fifteen days", ibid., s. 4(1).

11

The words deleted by Bom. 6 of 1922, s. 13 are not printed.

12

These words were substituted for the words "the Commissioner" by Mah. 41 of 1994, s. 18.

13

The words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council.

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act 29 l [(2) The notice referred to in sub-section (1) shall, in addition to the day fixed for election, specify the day on which the poll shall, if necessary, be taken, which shall be a day not earlier than the twenty-first day after the day fixed for the election.].

26. (1) Candidates for election at a ward election ²

* * * must be duly

Candidates at nominated in writing in accordance with the provisions hereinafter contained.

ward electionsmust be

(2) With respect to such nominations, the following provisions shall have nominated. effect, namely :—

Provisions 3 regarding (a) [the State Election Commissioner] shall provide printed forms of nomination. nomination-papers and any person entitled to vote at the election shall be supplied at any time within seven days previous to the day fixed for the

4

election [and upto 4 p.m. on the date of election,] with as many such forms as may be required, free of charge ;

(b) each nomination-paper must state the name, abode and description of the candidate in full, and be subscribed by two persons entitled to vote at the election as proposer and seconder ⁵[and must bear the signature of the person nominated in token of his willingness to be so nominated;]

(c) every nomination-paper subscribed ⁶[and signed] as aforesaid must be delivered at the ⁷[office of the State Election Commissioner] before five o'clock in the afternoon of the day fixed for the election ; 8 [(d) each candidate must be nominated by a separate nomination-paper, and a candidate may be nominated by more than one nomination-paper, but any person entitled to vote shall not subscribe, whether as proposer or seconder, more than one nomination-paper;]

9 [(dd) if any person subscribes more than one nomination-paper, the nomination-paper or papers received after receipt of the first nomination- paper shall be invalid ;]

(e) if any person nominated—

(i) is not enrolled in the municipal election roll as voter of a ward¹⁰* * * * or * * * *

11 [(ii) has not made or caused to be made the deposit referred to in sub- section (1) of section 26A, or]

(iii) is disqualified for being a councillor for any of the reasons set forth in section 16,

12 [the State Election Commissioner] shall declare such person's nomination invalid ;

(f) if there is no valid nomination, it shall be deemed that no councillor has been elected and proceedings for filling the vacancy or vacancies shall be taken under section 34 ;

13 * * * * * * *

14 [(h) if there is only one valid nomination, the person nominated be deemed to be elected ;]

1 Sub-section (2) was inserted by Mah. 43 of 1983, s. 4(2).

68

L-1 H 4094

30 Mumbai Municipal Corporation Act [1888 : Bom. III

l [ ( j ) if the number of valid nominations exceeds one, the election of councillor shall be made from among the persons nominated, and such election shall be termed " a contested election " :

Provided that, if any candidate validly nominated dies or signifies in writing to ²[the State Election Commissioner] not later than ³[three days] after the date of election his intention not to contest the election, then, if there remains only one valid nomination, the remaining candidate validly nominated shall be deemed to be elected :

Provided further that, a candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be re-nominated as a candidate for the same election ; ]

(k) if, when two or more ward elections are held simultaneously for different wards, any person is deemed, under [ ⁴* * ] clause (h), to be elected a councillor for more than one ward, he shall within twenty-four hours after receipt of written notice thereof from ⁵[the State Election Commissioner], choose, by writing signed by him and delivered to ⁵[ the State Election Commissioner], or, in his default, ⁵[the State Election Commissioner] shall, when the time for choice has expired, declare for which one of those wards he shall serve. The choice or declarations made shall be conclusive, and such persons' nomination for the ward or wards for which he is not to serve shall be deemed to be null and void ;

(l) if, when ward elections are held as aforesaid, any person who is deemed under ⁶* * clause (h), to be elected a councillor for any one or more wards, has also been duly nominated for any one or more wards for which the number of nominations exceeds that of the vacancies, he shall within twenty-four hours after receipt of written notice thereof from ⁷[the State Election Commissioner] choose, by writing signed by him and delivered to

7 [the State Election Commissioner] whether he shall serve for the ward, or for any one of the wards for which he is elected, or will stand as a candidate at the contested election or elections for the other ward or wards. In his default, the Commissioner shall, when, the time for choice has expired, declare that he shall serve for the ward or for some one of the wards for which he is elected, and his nomination for any other wards shall be deemed to be null and void. If such person chooses, by writing as aforesaid, to stand as a candidate at the contested election or elections, his nomination for the ward or wards for which he is elected shall be deemed to be null and void. Any choice or declaration made under this clause shall be conclusive.

1

Clause ( j ) was substituted by Mah. 8 of 1965, s. 12(e).

2

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 19(d).

3

These words were substituted for the words " seven days " by Mah. 33 of 1989, s. 3.

4

The words, brackets and letter " clause (g) or " were deleted by Mah. 8 of 1965, s. 12(f).

5

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 19(e).

6

The words, brackets and letter " clause (g) or " were deleted by Mah. 33 of 1989, s. 12(g).

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 19( f ).

7

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 31

1 [26A.

2 [(1) On or before the date appointed for the nomination of

Deposit by candidates for a ward election, each candidate shall deposit or cause to be

candidates. deposited with Returning Officer in cash a sum of five thousand rupees ; and no candidate shall be deemed to be duly nominated unless such deposit has been made :

Provided that, where the candidate is a member of a Scheduled Castes, Scheduled Tribes, Backward Class of Citizens or a woman, the amount of deposit shall be two thousand and five hundred rupees :

Provided further that, where the candidate has filed more than one nomination paper, it shall not be necessary to deposit a separate amount for each nomination paper. ]

(2) The deposit shall be returned if—

(a) the candidate is declared or is deemed to be duly elected, or 3 [(b) the candidate signifies in writing to

4 [the State Election Commissioner] not later than ⁵[three days] after the day of election his intention not to contest the election, or]

(c) the nomination of the candidate is declared invalid, or

(d) the candidate dies, ⁶* * * * after the scrutiny of nomination- papers and before the commencement of the poll ⁷* ⁸* * * * * ; or

(e) the candidate fails to be elected but secures ⁹* * * * * valid votes in excess of the number specified in sub-section (4).

(3) The deposit shall be returned to the person by whom it was made. If a candidate dies ¹⁰* * * * * before the day fixed for the poll, ¹⁰* * * the deposit, if made by him, shall be returned to his legal representatives, or, if not made by the candidate shall be returned to the persons by whom it was made.

(4) If a candidate is not elected and ¹¹* * * , if the number of valid vote polled by him does not exceed one-eighth of the total number of valid votes polled ¹²* * * * * * *, the deposit shall be forfeited to the corporation.

1

New section 26A was inserted by Bom. 19 of 1930, s. 4.

2

Sub-section (1) was substituted by Mah. 18 of 2008, s. 2.

3

Clause (b) was substituted by Bom. 1 of l946, s. 10, read with Bom. 8 of 1948, s. 4.

4

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 20(a).

5

These words were substituted for the words " seven days " by Mah. 23 of 1989, s.4.

6

The words " in the case of a ward election " were omitted by Bom. 32 of 1935, s. 3 (b)(i).

7

The word " and " was deleted by Bom. 24 of 1936, s. 2, Sch.

8

The words " in the case of an election by co-option, before the day fixed for the election by co-option "

were omitted by Bom. 32 of 1935, s. 3 (b)(i).

9

The words " a first vote in the case of an election by co-option, and in the case of a ward election " were omitted, ibid., s. 3 (b)(ii).

10

The words " in the case of a ward election " and " or, in the case of an election by co-option, before the day fixed for the election ", respectively, were omitted, ibid., s. 3(e).

11

The words " if, in the case of an election by co-option, he fails to secure any first vote, or in the case of a ward election " were omitted by Bom. 32 of 1935, s. 3(d).

12

The words " divided by the number of councillors to be elected in the ward for which the candidate is nominated " were deleted by Mah. 8 of 1965, s. 13.

H 4094—9a

L-1 H 4094

32 Mumbai Municipal Corporation Act [1888 : Bom. III

(5) The deposit shall, if it is not forfeited, be returned as soon as may be after the declaration of the result of the election under section 32 :

Provided that, if a candidate is duly nominated at a general election in more than one ward, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the Corporation.]

Poll to be taken

27. (1) When a ward election ¹* * * is contested, ²[a poll shall be when a ward

election is taken on any day, being a day not earlier than the twenty-first day, after the contested.

day fixed for the election]. At such poll, the municipal election roll, which was in operation on the day fixed for the election, shall be deemed to be the roll to which reference must be made for the purposes of the election. Names of

(2) At least ³[three] days before the day of the poll, ⁴[the State Election candidates

validly Commissioner] shall cause the names of all the persons validly nominated, nominated to

be published. with their respective abodes and descriptions, ⁵* * * to be published in the ⁶[Official Gazette ] and ⁷[by displaying the names of persons so nominated wardwise, on the notice-board of each respective ward-office]. Prohibition of ⁸[27A. (1) No person shall, on the date or dates on which a poll is taken canvassing in

or near polling at any polling station, commit any of the following acts within the polling stations.

station or in any public or private place within a distance of one hundred yards of the polling station, namely :—

(a) canvassing for votes ; or

(b) soliciting the vote of any voter; or

(c) persuading any voter not to vote for any particular candidate ; or

(d) persuading any voter not to vote at the election ; or

(e) exhibiting any notice or sign (other than an official notice) relating to the election.

1

The words repealed by Bom. 6 of 1922, s. 15, are omitted.

2

This portion was substituted by Mah. 43 of 1983, s. 5.

3

The word " three " was substituted for the word " four " by Bom. 10 of 1928, s. 3(a)

4

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 21.

5

Words repealed by Bom. 10 of 1928, s. 3(b), are omitted.

6

The words " Official Gazette " were substituted for words " Bombay Government Gazette " by the Adaptation of Indian Laws Order in Council.

7

These words were substituted for the words " in the local news-papers " by Mah. 33 of 1989, s. 5.

Sections 27A to 27C were inserted by Bom. 51 of 1955, s. 3.

8

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 33

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(3) Any offence punishable under this section shall be congnizable. 1 [27AA. (1) No person shall convene, hold or attend any public meeting

Prohibition of public

in any polling area during the period of forty-eight hours ending with the meetings on hour fixed for the conclusion of the poll for any election in that polling area.

the daypreceding the day of poll and

(2) Any person who contravenes the provision of sub-section (1) shall, on

on the day of poll.

conviction, be punished with fine which may extend to two hundred and fifty rupees].

27B. (1) No person shall, on the date or dates on which a poll is taken at

Penalty for disorderly any polling station ,— conduct in or near polling

(a) use or operate within or at the entrance of the polling station, or in

stations. any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as, a megaphone or a loudspeaker, or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof,

so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.

(2) Any person who contravenes, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.

(4) Any police officer may take such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1) and may seize any apparatus used for such contravention.

1

This section was inserted by Mah. 43 of 1983, s. 6.

L-1 H 4094

34 Mumbai Municipal Corporation Act [1888 : Bom. III

Penalty for

27C. (1) Any person who during the hours fixed for the poll at any polling misconduct at

polling station misconducts himself or fails to obey the lawful directions of the stations.

presiding officer may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.

(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the presiding officer, he shall on convition, be punished with fine which may extend to two hun- dred and fifty rupees.

(4) An offence punishable under sub-section (3) shall be cognizable.] Provisions

respecting ¹[28. With respect to the contested ward elections, the following contested

provisions shall have effect, namely :— ward

elections.

(a) ²[votes shall be given by ballot in such manner as may be prescribed by the rules made under section 29] ³[or by electronic voting machine.] No votes shall be received by proxy;

(b) no votes shall be received for any candidate whose name has not been published by ⁴[the State Election Commissioner] under sub-section (2) of section 27 as having been validly nominated;

5 [(c) no person shall vote at a general election in more than one ward and if a person votes in more than one ward his votes in all such wards shall be void;

(ca) no person shall at any election vote in the same ward more than once notwithstanding that his name may appear in the municipal election roll for that ward more than once ⁶* * * * * * *

* * *, and if a person votes in the same ward more than once all his votes in that ward shall be void;]

7

[(d) * * * * * *

(f) * * * * * * ] 8 [(g) the person who has the greatest number of valid votes shall be deemed to be elected;]

(h) where an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by the lot to be drawn in the presence of ⁹[the State Election Commissioner] in such manner as he shall determine;

(i) if a candidate is elected councillor for more than one ward, he shall, within three days after receipt of written notice thereof from ⁹[the State Election Commissioner] choose, by writing signed by him and delivered to

9 [the State Election Commissioner] or in his default

9 [the State Election

1

Section 28 was substituted for the original section by Bom. 1 of 1925, s. 8.

2

These words and figures were substituted for words "votes shall be given by ballot and in person," by Mah. 43 of 1983, s. 7.

3

These words were inserted by Mah. 5 of 2005, s. 2.

4

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 22.

5

These clauses were substituted for clause (c) by Bom. 54 of 1955, s. 4.

6

The portion beginning with the words " on the ground " and ending with the words " section 11 " was deleted by Mah. 8 of 1965, s. 14(a).

7

Clauses (d) and (f) were deleted by Mah. 8 of 1965, s. 14(b).

8

Clause (g) was substituted by Mah. 8 of 1965, s. 14(c).

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 22.

9

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 35 Commissioner] shall, when the time for choice has expired, declare for which of the wards he shall serve and the choice or declaration shall be conclusive;

(j) when any such choice or declaration has been made, the votes recorded for the candidate aforesaid in any ward for which he is not to serve shall be deemed not to have been given and the candidate, if any, who but for the said votes would have been declared to have been elected for such ward shall be deemed to have been elected for the same ;

1

(k) [the State Election Commissioner] shall, as soon as may be, declare the result of the poll specifying the total number of valid votes given for each candidate ²* * * and shall cause lists to be prepared for each ward, specifying the name of all candidates, and the number of valid

3

* * * * votes given to each candidate. In accordance with such rules as ^l[the State Election Commissioner] may frame for the purpose and on payment of such fees as may be prescribed by him, a copy of such list shall be supplied to any candidate of the ward and shall be available for inspection to any voter of the ward.

4 [28A. (1) Every officer, clerk, agent or other person who performs any

Maintenance of duty in connection with the recording or counting of votes at an election

secrecy ofvoting. shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.

(2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.

5

28B. [(1) No person who is a presiding or polling officer at an election Officers, or an officer or an employee appointed, designated or empowered by the

etc., at elections not State Election Commissioner or such presiding officer to perform any duty to act for in connection with an election shall, in the conduct or management of the

candidates election do any act, other than the giving of vote, for the further-ance of the

or toinfluence prospects of the election of a candidate].

voting.

(2) No such person as aforesaid and no member of a police force shall endeavour—

(a) to persuade any person to give his vote at an election; or

(b) to dissuade any person from giving his vote at an election; or

(c) to influence the voting of any person at an election in any manner.

(3) Any person who contravenes the provisions of sub-section (1) or sub- section (2) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both.

28C. (1) If any person to whom this section applies is without reasonable

Breaches of cause guilty of any act or omission in breach of his official duty, he shall, on

official duty inconnection conviction, be punished with fine which may extend to five hundred rupees.

with elections.

(2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.

1

These words were substituted for the words "Commissioner" by Mah. 41 of 1994, s. 22.

5

L-1 H 4094

36 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) The persons to whom this section applies are ¹* * * presiding

2

officers, polling officers and any other [person or officer appointed, designated or empowered] to perform any duty in connection with the preparation of a municipal election roll, the receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election ; and the expression "official duty" shall for the purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act.

Removal of 28D. (1) Any person, who at any election fraudulently takes, or attempts ballot papers

to take, a ballot paper out of a polling station, or wilfully aids or abets the from polling

stations to be doing of any such act, shall, on conviction, be punished with imprisonment an offence.

for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.

(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub- section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:

Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.

(3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

(4) An offence punishable under sub-section (1) shall be cognizable. Other

28E. (1) A person shall be guilty of an offence if at any election he— offences

and (a) fraudulently defaces or fraudulently destroys any nomination paper; penalties

or therefor.

(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of ³[the State Election Commissioner]; or

(c) fraudulently defaces or fraudulently destroys any ballot paper or the officials mark on any ballot paper; or

(d) without due authority supplies any ballot paper to any person; or

(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in ; or

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers then in use for the purposes of the election ; or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

(2) Any person guilty of an offence under this section shall—

(a) if he is ⁴

* * a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years or with fine or with both;

(b) if he is any other person, on conviction, be punished with imprison- ment for a term which may extend to six months or with fine or with both.

1

The words " the Commissioner " were deleted by Mah. 41 of 1994, s. 24(a).

2

These words were substituted for the words "persons appointed" by Mah. 41 of 1994, s. 24(b).

3

These words were substituted for the words "the Commissioner" by Mah. 41 of 1994, s. 25(a).

The words "the Commissioner" were deleted by Mah. 41 of 1994, s. 25(b).

4

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 37

(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of such election including the counting of votes or to be responsible after such election for the used ballot papers and other documents in connection with such election; but the expression " official duty " shall not include any duty imposed otherwise than by or under this Act.

(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable.

28F. A person shall be deemed to have committed a corrupt practice

What is a within the meaning of section 33,—

corruptpractice.

(i) who, with a view to including any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valu- able consideration, or holds out any promise of individual profit or holds out any threat of injury, to any person ; or

(ii) who gives, procures or abets the giving of a vote in the name of a voter who is not the person giving such vote ; or

(iii) who hires or procures, whether on payment or otherwise, any vehicle or vessel for the conveyance of any voter to, or from, any polling station :

Provided that—

(a) the hiring of a vehicle or vessel by a candidate for himself or his family or an election agent shall not be deemed to be a corrupt practice under this section ;

(b) the hiring of a vehicle by a voter or by several voters at their joint cost for the purpose of conveying him or them, to, or from, any such polling station shall not be deemed to be corrupt practice under this section, if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power ;

(c) the use of any public transport vehicle or vessel or any tram-car or railway carriage by any voter at his own cost for the purpose of going to, or coming from, any such polling station shall not be deemed to be a corrupt practice under this section.

And a corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent with reference to the election.

Explanation.—The expression " a promise of individual profit "—

(i) does not include a promise to vote for or against any particular measure which may come before the corporation for consideration, but

(ii) subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.

28G. (1) (a) Whoever in any election directly or indirectly, by himself, or

Corrupt by any other person on his behalf, shall, with a view to inducing any voter to

practices,criminal give or to refrain from giving a vote in favour of any candidate, offer or give

offences and any money or valuable consideration or hold out any promise of individual

procedure. profit or hold out any threat of injury to any person, or

(b) whoever shall give, procure or abet the giving of a vote in the name of a voter, who is not the person giving such vote, or

(c) whoever hires or procures any vehicle or vessel for the conveyance of any voter to, or from, a polling station in the circumstance described in clause

(iii) of section 28F, shall be liable to a fine not exceeding two hundred rupees for every such offence.

H 4094—10

76

L-1 H 4094

38 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) Whoever, being qualified to vote any election claiming to be so qualified accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any money or valuable consideration or any individual profit as a motive or reward for giving or for bearing to give his vote in any such election shall be liable to a fine not exceeding one hundred rupees for every such offence.

Explanation.—In sub-sections (1) and (2) "individual profit" includes a benefit accruing to the person himself or to anyone in whom he is interested. It does not include a promise to vote for or against any measure which may come before the corporation for consideration.

l [(2A) Whoever in connection with any election, directly or indirectly, by himself or by any other person on his behalf, promotes or attempts to promote feelings of enmity or hatred, between different classes of the citizens of India on grounds of religion, race, caste, community or language, shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both.]

(3) Every person convicted under sub-section (1) or sub-section (2) ²[or sub-section (2A)] shall, for such period not exceeding seven years from the date of the conviction as the Court may direct, be disqualified from voting at any election.

(4) No court shall take cognizance of any offence under this section except on the complaint of the Judge who has held an enquiry under section 33 or before whom such enquiry is pending.

(5) No prosecution for an offence under this section shall be instituted except within six months next after the date of the declaration of the result of the election.

(6) An appeal shall lie to the High Court against any sentence order passed by a Magistrate under sub-section (1), sub-section (2) ³[, sub-section (2A)] or sub-section (3).

Adjournment 28H. (1) If at an election the proceedings at any polling station are of poll in

interrupted or obstructed by any riot or open violence, or if at an election it emergencies.

is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, ⁴[the State Election Commissioner, or subject to such directions as the State Election Commissioner may issue in this behalf, the presiding officer for such polling station, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and where the poll is so adjourned by the presiding officer, he shall forthwith inform the State Election Commissioner].

(2) Whenever a poll is adjourned under sub-section (1), ⁵[the State Election Commissioner] shall, as soon as may be, appoint the day on which the poll shall recommence and fix the polling station, at which, and the hours during which, the poll will be taken and shall not count the votes cast at such election until such adjourned poll shall have been completed.

(3) The notice of the polling station and the date and hours fixed under sub- section (2) shall be published by ⁶[the State Election Commissioner] in the Official Gazette and in the local newspapers atleast three days before the date of the fresh poll.

1 Sub-section (2A) was inserted by Mah. 21 of 1989, s. 3(a).

2 The words, brackets, figure and letter were inserted by Mah. 21 of 1989, s. 3 (b).

3

These words, brackets, figure and letter were inserted by Mah. 21 of 1989, s. 3 (c).

4

This portion was substituted for the portion beginning - with the words " the presiding officer for " and ending with the words " inform the Commissioner " by Mah. 41 of 1994, s. 26(a).

5

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 26 (b). These wocds were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 26 (c).

6

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 39

28I. (1) If at any election any ballot box or boxes is or are unlawfully Fresh ballot in

1

taken out of the custody of [the State Election Commissioner] or any

the case ofdestruction, presiding officer or is or are in any way tampered with, or is or either

etc., of ballot accidentally or intentionally destroyed or lost, the election to which such

boxes. ballot box or boxes relate shall be void, but only in respect of the polling at the polling station or stations at which such ballot box or boxes was or were used and no further.

(2) Whenever the polling at any polling station or stations shall become

1

void under sub-section (1), [the State Election Commissioner] shall, as soon as practicable after the act or event causing such voidance has come to his knowledge, appoint a day for the taking for fresh poll in such or every such polling station and fix the hours during which the poll will be taken and shall not count the votes cast at such election until such fresh poll shall have been completed.

(3) The notice of the polling station and the date and hours fixed under sub-section (2) shall be published by ¹[the State Election Commis-sioner] in the Official Gazette and in all local newspapers atleast three days before the date of the fresh poll.]

2 [29.

3 [Subject to the provisions of this Act

4 [the State Government may, ⁹[State in consultation with the State Election Commissioner], make rules for the

Government]may make conduct of elections, and in particular providing— rules for the

5

[(aa) * * * * * * *

conduct ofelections.

(a) for the appointment of polling stations for each ward ;

(b) for the appointment of ⁶[presiding officers and polling officers] and other persons to assist at the poll and for the remuneration of such ⁶[presiding officers and polling officers] and other persons for their services ;

(c) for the hours during which polling stations shall be open for the re- cording of votes ;

(d) for the printing and for the issue of voting papers ;

(e) for the checking of voters by reference to the ⁷[municipal election] roll;

8 [(ee) with a view to preventing personation, for the making with indelible ink of the left fore-finger or any other finger of every voter applying for a ballot paper including the provision for the withdrawal of the issue of a ballot paper to any voter who refuses to allow indelible ink mark to be put on his left fore-finger or any other finger or who has been found to have such indeliable ink mark on his left fore-finger or any other finger;]

(f) for the manner in which votes are to be given and in particular for the case of illiterate voters or of voters under physical or other disability ;

1

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 27.

2

This new section 29 was inserted by Bom. 1 of 1925, s. 9. The original section 29 was repealed by Bom.

6 of 1922.

3

Section 29(1) was renumbered as section 29 by Bom. 24 of 1936, s. 2. Sch.

4

These words were substituted for the words "the Corporation shall, with the sanction of the State Government" by Mah. 41 of 1994, s. 28(a).

5

Clause (aa) was deleted by Mah. 20 of 1980, s. 5.

6

These words were substituted for the words "Polling Officers" by Bom. 54 of 1955, s. 6(1).

7

The words "municipal election" were substituted for the word "electoral" by Bom. 1 of 1946, s. 13, read with Bom. 8 of 1948, s. 4.

8

This clause was inserted by Bom. 54 of 1955, s. 6(2).

9

These words were substituted for the words " The Corporation" by Mah. 41 of 1994, s. 28(c). H 4094—10a

L-1 H 4094

40 Mumbai Municipal Corporation Act [1888 : Bom. III

(g) for the procedure to be followed in respect of challenged votes, or tender of votes by persons representing themselves to be electors, after other persons have voted as such electors ;

(h) for the security of votes ;

(i) for the safe custody of ballot papers and other election papers, for the period for which such papers shall be preserved and for the inspection and production of such papers ;

and may make such other rules regarding the conduct of the elections as it thinks fit.]

1 [Provided that, any such rules may provide for charging of fees for any of the purposes of the election.]

30. [Proceedings at Fellows' elections.] Repealed by Bom. 48 of 1950, s. 14.

30A. [Proceedings at elections of co-opted councillors.] Repealed by Bom. 1 of 1925.

*31. [Proceedings at elections by the Chamber or Association.] Repealed by Bom. 48 of 1950, s. 15.

31A. Repealed by Bom. 17 of 1931, s. 3. Declaration

32. (1) The result of every election shall be declared ²[in such of results of

elections. manner as the State Election Commissioner may think fit,] certifying the names of the persons, if any, elected and in the case of a contested election, the number of votes recorded for each candidate.

3 * * * * * * *

Election

33. (1) If the qualification of any person declared to be elected for being a petitions to

be heard councillor is disputed, or if the validity of any election is questioned, whether by and disposed

reason of the improper rejection ⁴[by the State Election Commissioner] of a of by Chief

Judge of the nomination or of the improper reception or refusal of a vote, or for any other Small Cause

cause ⁵[or if the validity of the election of a person is questioned on the ground Court.

that he has committed a corrupt practice within the meaning of section 28F], any person enrolled in the municipal election roll may, at any time, within ⁶[ten days] ⁷[from the date on which the list prescribed under clause (k) of section 28 was available for sale or inspection ⁸* * *apply to the Chief Judge of the Small Cause Court. ⁹[If the application is for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all candidates who, although not declared elected, have, according to the results declared ⁴[by the State Election Commissioner] under section 32, a greater number of votes than the said candidate, and proceed against them in the same manner as against the said candidate.]

1

This proviso was added by Mah. 41 of 1994, s. 28(b).

2

These words were substituted, for the words "by fixing, as soon as may be after the election, in some conspicuous place in the Chief Municipal Office, a notice signed by the Commissioner", by Mah. 41 of 1994, s. 29.

3

Sub-section (2) was deleted by Bom. 48 of 1950, s. 16(2). *Section 79 of Bom. 48 of 1950 reads as follows :— Savings " 79. Nothing in sections 2(1), (4) and (5), and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other Committee or sub-committee as constituted or appointed under the said Act immediately before the comming into operation of this Act and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committees before the 1st day of April 1952 shall, subject to the provisions of the said Act, be filled as if this Act had not been passed.".

4

These words were substituted for the words " by the Commissioner" by Mah. 41 of 1994, s. 30(a).

5

This portion was inserted by Bom. 54 of 1955, s. 7(1).

6

The words "ten days" were substituted for the words "fifteen days" by Mah. 10 of 1998, s. 6.

7

These words were substituted for the original words "after the result of the election has been declared"

by Bom. 1 of 1925, s 12.

8

The words " in the Commissioner Office " were deleted by Mah. 41 of 1994, s. 30(b).

These words were added by Bom. 5 of 1905, s. 5(i) (b).

9

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 41 1 [(1A) The applicant shall, whenever so required by the Chief Judge, deposit in the Court a sum of Rs. 500 in cash or Government securities of equivalent value at the market rate of the day as security for any costs which the applicant may be ordered to pay to other parties to the said application.]

(2) If the said Chief Judge, after making such inquiry as he deems necessary, finds that the election was a valid election and that the person whose election is objected to is not disqualified, he shall confirm the declared result of the election. ²[If he finds that the person whose election is objected to is disqualified for being a councillor, he shall declare such person's election null and void. If he finds that the election is not a valid election, he shall set it aside. In either case he shall direct that the candidate, if any, in whose favour the next highest number of valid votes is recorded after the said person 3 * * * * * * * * * *, and against

whose election no cause of objection is found, shall be deemed to have been elected.]

4 [(2A) When an election of a person is questioned on the ground that he has committed a corrupt practice within the meaning of section 28F, the Chief Judge shall, if he is satisfied that a candidate has committed such corrupt practice, declare a candidate disqualified both for the purposes of that election and of such fresh election as may be held during the current term of office of the councillors elected at the general election and shall set aside the election of such candidate if he has been elected.]

(3) The said Chief Judge's order shall be conclusive. 5 * * * * * * * *

(5) Every election not called in question in accordance with the foregoing provisions shall be deemed to have been to all intents a good and valid election.

6 [34.

7 [(1) If at any general election or an election held to fill a casual ⁹[Procedure if vacancy no councillor is elected, or the election of any councillor is set aside

election fails oris set aside. under sub-section (2) of section 33 and there is no other candidate who can be deemed to be elected in his place under the said sub-section, ⁸[the State Election Commissioner] shall appoint another day for holding a fresh election and a fresh election shall be held accordingly.]

(2) A councillor elected under this section shall be deemed to have been elected to fill a casual vacancy under section 9.] Appointment of Councillor's by ⁹

[State] Government.

35. [Appointments by ¹⁰[State] Government of councillors when to be made.] Repealed by Bom. 13 of 1938, s. 14.

1

Sub-section (1A) was inserted by Bom. 1 of 1946, s. 14, read wilh Bom. 8 of 1948, s. 4.

2

These words were substituted for the original words by Bom. 5 of 1905, s. 5(2)

3

The words " or after all the persons who were returned as elected at the said election " were deleted by Mah. 8 of 1965, s. 15.

4

This sub-section was inserted by Bom. 54 of 1955, s. 7(2).

5

Sub-section (4) was omitted by Bom. 28 of 1935, s. 3.

6

Section 34 was substituted for the original section by Bom. 28 of 1935, s. 3.

7

This sub-section was substituted by Mah. 8 of 1965, s. l6.

8

These words were substituted for the words " the Commissioner " by Mah. 41 of 1994, s. 31.

9

These words were substituted for the original words by Bom. 5 of 1905, s. 5(2)

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

10

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42 Mumbai Municipal Corporation Act [1888 : Bom. III Proceedings of the Corporation

Provisions

36. ¹[(1)] The corporation shall meet for the despatch of business and regulating the

corporation's shall from time to time make such regulations with respect to the summoning- proceedings.

notice, place, management and adjournment of such meetings, and generally with respect to the mode of transacting and managing the business of the corporation ²[including the submission, asking and answering of questions under section 66A] as they think fit, subject to the following conditions :— 3 [(a) there shall be one ordinary meeting in each month; the ordinary meeting in the month of March shall be held not later than on the twentieth day of that month;

(b) the first meeting in the month of April, after general elections, shall be held as early as conveniently may be in the said month on a day and at a time and place to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner;

(c) the day, time and place of meeting shall in every other case be fixed by the Mayor, or in the event of the office of Mayor being vacant, or the death or resignation of the Mayor or on his ceasing to be a councillor, or of his being incapable of acting, by the Deputy Mayor or in the event of absence of both by the Chairman of the Standing Committee;

(d) the Mayor or in any such event as aforesaid, the Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon a written requisition signed by not less than one-sixth of the whole number of Councillors call a special meeting ; ]

(e) every meeting shall be open to the public, unless a majority of the councillors present thereat decide by a resolution, which shall be put by the presiding authority, of his own motion or at the request of any councillor present without previous discussion, that any inquiry or deliberation pending before the corporation is such as should be held in private, and provided that the presiding authority may at any time cause any person to be removed who interrupts the proceedings ;

(f) if at any time during a meeting it shall be brought to the notice of the presiding authority that the number of councillors present ⁴[inclusive of the presiding authority, falls short of one-fifth of the whole number of councillors], the presiding authority shall adjourn the meeting to some other day, fixing such time and place for the same as he shall think convenient, and the business which remains undisposed of at such meeting shall be disposed of at the adjourned meeting or, if the latter meeting should be again adjourned, at any subsequent adjourned meeting, ⁵[whenever there is a quorum present] thereat or not ;

6 [(g) every meeting shall be presided over by the Mayor if he is present at the times appointed for holding the same, and if the office of Mayor is vacant, or if the Mayor is absent, by the Deputy Mayor or if both the Mayor and the Deputy Mayor are absent by such one of the councillors present as may be chosen by the meeting to be Chairman for the occasion ; ]

6

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 43

(h) at least seven clear days' notice shall ordinarily be given of every meeting, other than an adjourned meeting, but in cases of urgency any such meeting may be called, except for the purpose of considering an annual budget-estimate, in pursuance of a written requisition signed ¹[by not less than four members of the standing committee] upon a notice of not less than three ²[clear days and of adjourned meetings] such previous notice shall be given as shall be practicable having regard to the period of the adjournment;

(j) every notice of a meeting shall specify the time and place at which such meeting is to be held and the business to be transacted thereat ³[other than questions under section 66A] and shall be given by the Municipal Secretary by advertisement in the local newspapers 4 * * * * *;

(k) any councillor who desires at any meeting to bring forward any busi- ness ⁵[other than any questions under section 66A] or to make any sub- stantive proposition, which is not already specified in the notice of such meeting, shall give written notice of the same to the municipal secretary at least three clear days before the day fixed for the meeting; and a supple- mentary announcement of the business or propositions, of which notice has been so given shall be given by the said secretary in not less than one local daily newspaper not later than the day previous to the meeting; 6 [(l) except at a meeting called on a requisition of urgency or at the discussion at any meeting of a budget-estimate, no business shall be transacted at any meeting other than the business specified in the notice published under clause (j) and questions asked under section 66A or urgent business not specified in the said notice which the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee, the Education Committee or the Commissioner deem it expedient to bring before the meeting, and no substantive proposition shall be made or discussed which is not specified in the said notice or in the supplementary announcement, if any, published under clause (k) or which is not in support of the recommendation of the Standing Committee, the Improvements Committee, the Brihan Mumbai Electricity Supply and Transport Committee, the Education Committee or the Commis-sioner, as the case may be, with reference to any urgent business brought by any of those authorities, respectively, before the meeting:

Provided that, no such urgent business as aforesaid shall be brought before any meeting unless at least three-fourths of the councillors present at such meeting, such three-fourths being not less than one-sixth of the whole number of Councillors assent to its being brought forward thereat; l

These words were substituted for the words "by the Mayor" by Mah. 27 of 1999, s. 5(c)(i).

2

These words were substituted for the words "clear days of adjourned meeting" by Mah. 27 of 1999, s. 5(c)(ii).

3

These words, figures and letter were inserted by Bom. 23 of 1950, s. 2(ii).

4

The words " and except in the case of adjourned meetings or of meetings called upon a requisition of urgency, in the Official Gazette" were deleted by Mah. 51 of 1975, s. 3.

5

These words, figures and letter were inserted by Bom. 23 of 1950, s 2(iii). Clause (l) was inserted by Mah. 27 of 1999, s. 5(d).

6

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44 Mumbai Municipal Corporation Act [1888 : Bom. III

(m) at a meeting called on a requisition of urgency and during the discussion at any meeting of a budget-estimate, no business shall be transacted and no substantive proposition shall be made or discussed which does not directly relate to the business for which the urgent meeting was called, or to the budget-estimate, as the case may be ; and no proposition involving any change in the taxes ¹[which the standing committee proposes to impose] or an increase or decrease of any item of expenditure in a budget- estimate, shall be made or discussed at any meeting at which such budget- estimate is under consideration, unless such proposition is specified in the notice of the meeting published under clause ( j) or in the supplementary announcement, if any, published under clause (k), or unless, in the case of an adjourned meeting, each of the condition mentioned in the proviso to clause (n) has been fulfilled;

2 [(ma) notwithstanding anything contained in clauses (l) and (m), the Commissioner may, at any time, either on his own behalf or on behalf of any Committee hereinbefore mentioned, intimate, at least one day in advance, to the Mayor, or in the circumstances stated in clause (c), to the Deputy Mayor and in his absence to the Chairman of the Standing Committee, that he or the Committee concerned would bring urgent business relating to a matter specified in such intimation, which requires immediate consideration by the Corporation at a meeting to be held on a specified date. When such intimation is given, at the said meeting, the said business shall have priority over any other business in the order of priority specified by the Commissioner in his intimation, and no subsequent business shall be taken for consideration unless the said business is transacted and decision thereon is taken at that meeting;]

(n) any meeting may, with the consent of a majority of the councillors present be adjourned from time to time, but no business shall be transacted and, except as is hereinafter provided, no proposition shall be discussed at any adjourned meeting other than the business and propositions remaining undisposed of at the meeting from which the adjournment took place :

Provided that, at any adjourned meeting at which a budget-estimate is under consideration a proposition involving any change such as is described in clause (m), may be made and discussed, notwithstanding that such proposition is not one remaining undisposed of at the meeting from which the adjournment took place, if each of the following conditions has been fulfilled, namely:—

(i) that written notice of such proposition has been given at the meeting from which the adjournment took place;

2

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 45

(ii) that the adjournment has been for not less than ¹[two] clear days ; and

(iii) that a special announcement of the proposition has been given by the Municipal Secretary (who shall be bound to give such announcement) in not less than one local daily newspaper not later than the day previous to the adjourned meeting;

(o) a minute of the names of the councillors present and of the proceedings at every meeting shall, on the day following the meeting, or as soon thereafter as may be, ²[be kept] by the Municipal Secretary in a book to be provided for this purpose and shall be signed at, and by the presiding authority of, the next ensuing meeting; ³[or any meeting held soon thereafter, after confirmation by the Corporation of such meeting] ; and the said minute book shall at all reasonable times be open at the chief municipal office to inspection by any councillor free of charge, and by any other person on payment of ⁴[a fee of fifty naye paise or such other amount as may be fixed by the Corporation but not exceeding two rupees] ;

(p) a councillor shall not vote or take part in the discussion of any matters before a meeting ⁵[or ask any question under section 66A concerning any matter] in which he has, directly or indirectly by himself or by his partner, any share or interest such as is described in clauses (g) to (l), both inclusive, of section 16, or in which he is professionally interested on behalf of a client, principal or other person;

6 [(q) every question other than the question whether the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee, the Education Committee or the Commissioner shall be permitted to bring urgent business before a meeting without notice, shall be decided, by a majority of votes of the councillors present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes :

Provided that, the Councillors referred to in clause (b) of sub-section (1) of section 5 shall not have the right to vote in any meeting of the Corporation ;]

(r) a declaration by the presiding authority that a proposition has been carried and an entry to that effect in the minute book shall, unless a poll be demanded at the time of such declaration by not less than four councillors, be conclusive evidence of the fact, without proof of the number of votes given for or against the proposition ;

(s) when a poll is taken, the vote of each councillor present and voting upon the proposition shall be taken by tellers appointed by the presiding authority and the names of the councillors voting respectively for or against the propositions shall be recorded in the minute-book ; 7 [(t) the Commissioner or where the Commissioner is unable to attend owing to absence or illness or for any other reasonable cause, an officer

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not below the rank of the Deputy Commissioner, shall have the same right of being present at a meeting of the Corporation and of taking part in the discussions thereat as a Councillor, and with the permission of the Mayor, may at any time make a statement or explanation of facts, but he shall not be at liberty to vote upon or to make any proposition at such meeting. Where the Commissioner, or any such officer desires to make a statement or explanation of facts at a meeting and the permission as aforesaid is not given, the Commissioner or any such officer shall be entitled to lay a copy thereof on the Table of the House. But when required by the corporation or the Mayor, the Commissioner shall himself attend the meeting of the corporation, unless he is prevented from doing so on account of absence, illness or any other reasonable cause ;]

1 [(u) 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.]

2 [(2) Where, any proposal of the Commissioner requires sanction or approval of the corporation, the corporation shall consider and dispose of any such proposal within ninety days reckoned from the date of the meeting of the corporation held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by the corporation, and a report to that effect shall be made by the Commissioner to the Government and he shall take further action as per the directives of the Government :

Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.]

3 [36A. (1) The

4 [presiding authority] shall preserve order and may direct any councillor whose conduct is in his opinion grossly disorderly to withdraw immediately from the meeting of the corporation. Any councillor so ordered to withdraw shall do so forthwith and shall absent himself during the remainder of the day's meeting. If any councillor is ordered to withdraw a second time within 15 days, the ⁴[presiding authority] may suspend the councillor from attending the meetings of the corporation for any period not exceeding 15 days and the councillor so directed shall absent himself accordingly :

1

Clause (u) was added by Mah. 27 of 1999, s. 5(h).

2

Sub-section (2) was added by Mah. 32 of 2011, s.3(b).

3

New section 36A was inserted by Bom. 10 of 1928, s. 6.

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 47 Provided that the ¹[presiding authority] may remit the period of suspension on apology being made to his satisfaction by the councillor under suspension :

Provided also that such suspension from the service of the corporation shall not prevent any councillor from serving on any committee.

(2) The ^l[presiding authority] may, in the case of grave disorder arising in the meeting, suspend the meeting for a period not exceeding three days.]

2 [37.

3 [(1) The Corporation shall, subject to the provisions of sub-section Mayor and (2), at its first meeting after the general elections, elect from amongst the

Deputy Mayor. Councillors one of its number to be the Mayor and another to be 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 Mayor and the Deputy Mayor in office on Mah. the date of coming into force of the Maharashtra Municipal Corporations XXV of

2000. (Amendment) Act, 2000 shall be extended to, and be co-terminus with, the term of the 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) 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.

4 [(2A) Every person desirous of contesting election to the ofice 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 Mah. provisions of the Maharashtra Scheduled Castes, Scheduled Tribes,

XXIII

De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes of 2001.

and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000] :

5 [Provided that, for the election for the office of the Mayor for which the last date of filing of nomination falls on or before the 31st December 2017, 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.]

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48 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) 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.

(4) Notwithstanding anything contained in sub-section (1), on the date of commencement of the Mumbai Municipal Corporation (Amendment) Act, Mah. 1999, the term of office of the Mayor, who is in office on the said date, shall be

XXVII of1999. deemed to have come to an end and he shall have vacated his office on the said date. The Mayor in office having so vacated his office, the first meeting for the purpose of election of the new Mayor, after the said date, shall be held by the Commissioner, within a period of seven days from the said date and all other provisions of this Act relating to such election shall, mutatis mutandis, apply :

Provided that, the Mayor in office immediately before the said date shall continue till the new Mayor enter the office.

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

(6) 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 anytime by notice in writing to the Corporation.

(7) If any casual vacancy occurs in the office of the Mayor or the Deputy Mayor, the Corporation shall as soon as conveninently 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 [(8) 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 eligble 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.]

Leader of ²

Opposition. [37IA. (1) An elected Councillor who is, for the time being, the leader of the party in opposition, having great numerical strength and recognised as such by the Mayor, shall be the Leader of the Opposition.

1

Sub-section (8) was added by Mah. 32 of 2011, s. 4.

Section 37IA was substituted for sections 37IA to 37IE by Mah. 27 of 1999, s. 7.

2

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 49 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 any one of the leaders of such parties as a Leader of the Opposition for the purposes of this Act and such recognition shall be final and conclusive.

(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 [37IA-I. (1) An elected Councillor who is, for the time being, the Leader

Leader of the of the party having the greatest numerical strength and recognised as such

House. 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.]

2 [Honoraria, Fees and Allowances

37A. (1) With the previous sanction of the State Government, the Honoraria, Corporation may pay ³[Mayor and Deputy Mayor], each councillor such ^feesorallowances. honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section :

4 [Provided that the non-councillor members of the Education Commi-ttee shall be paid a fee of rupees one hundred per diem in lieu of honorarium and sitting allowance and the maximum of such fees shall not exceed rupees four hundred per month.]

5

[(2) The Corporation shall place at the disposal of the Mayor ⁶* * * annually, such amount as sumptuary allowance, as the State Government may, from time to time, by an order dertermine.]

(3) Notwithstanding anything contained in section 16, 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.

7

* * * * *

1

This section was inserted by Mah. 11 of 2002, s. 3.

2

This heading and section 37A were inserted by Bom. 13 of 1958, s. 2.

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50 Mumbai Municipal Corporation Act [1888 : Bom. III Committees

Appointment *38. The corporation may from time to time appoint ¹[as laid down by of

consultative the regulations made in this behalf] out of their own body such and so many committees

committees consisting of such number of persons, and may refer to such for special

purposes. committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as they shall think fit.

Special ²[38A. (1) The Corporation may, from time to time, appoint, out of their committees of

the own body, special committees including the Women and Child Welfare Corporation.

Committee and may by specific resolution carried by a vote of at least two- thirds of the members of the Corporation present at the meeting delegate any of their powers and duties to such committees, and may also by a like resolution define the sphere of business of each special committee so appointed, 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.

(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) Every special committee shall conform to any instructions that may, from time to time, be given to them by the corporation.

(3) The Corporation may, at any time, dissolve or subject to any rules made by them in this behalf alter the constitution of any special committee.

(4) Every special committee shall appoint two of their members to be their Chairperson and Deputy Chairperperson :

89

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 51 Provided that, no member shall, at the same time, be the Chairman of more than one special committee :

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.

(5) In the absence of the Chairperson or Deputy Chairperson, the members of the special committee present, shall choose one of their members to preside over their meeting.

(6) All the proceedings of every special committee shall be subject to confirmation by the corporation :

Provided that, any special committee may by a resolution supported by at least one-half of the whole number of members of the committee direct that action be taken in accordance with the decision of such committee without waiting for confirmation of their proceedings by the Corporation, if the committee considers that serious inconvenience would result from delay in taking such action; but if the Corporation do not confirm the proceedings of the special committee, such steps shall be taken to carry out any orders passed by the Corporation as may still be practicable :

Provided further that, if, in delegating any of their powers or duties to a special committee under sub-section (1), the Corporation direct that the decision of the special committee shall be final, then so much of the proceedings of the special committee as relate to such powers or duties shall not be subject to confirmation by the Corporation if such decision is supported by at least one-half of the whole number of members of the committee.

(7) The Corporation may make rules for regulating the constitution of special committees and the conduct of business at meetings of such committees, and for the keeping of minutes and the submission of reports.

38B. The Standing Committee, the Improvements Committee or the

Special Education Committee may, from time to time, by a resolution, carried by a

committees ofthe Standing vote of at least two-thirds of their members present at the meeting, delegate

Committee, the to any special committee appointed under section 38A any of their powers

improvementsCommittees or and duties in respect of any matter with which such special committee are

the Education Committee. 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 them by the Standing Committee, the Improvements Committee, or the Education Committee, as the case may be, in this behalf :

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

38C. The Improvements Committee may, from time to time, appoint out

Appointment of of their own body sub-committees consisting of such number of persons as

sub-committees by the Improvements Committee may think fit and may refer to such sub- ^the committees for inquiry and report or for opinion any matter with which the

Improvements Committee. Improvements Committee is competent to deal under the provisions of this Act.

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52 Mumbai Municipal Corporation Act [1888 : Bom. III

Appointment of primary 39. (1) The Corporation may appoint a Primary Education Consultative Education

Committee. Consultative Committee. (2) Such committee may be appointed by the Corporation either by itself or in consultation with the State Government.

(3) The constitution of such Committee shall be as provided by by-laws made under section 461.

(4) The Corporation may by any agreement with the State Government in this behalf refer to such Committee for inquiry and report or for opinion any question relating to the purposes of clause (a) of section 61. A Committee 40. The Corporation may, for the purpose of giving effect to measures may be

and, arrangements in furtherance of secondary education or any branch of appointed for

other

technical or other instructions, appoint or join in appointing a committee as educational

purposes. may be determined by any by-law made under section 461, and such committee shall have in relation to the branch of education and the institutions for which it is appointed, the like powers and duties as are herein assigned to the Education Committee, save as the same may be varied by any by-law made under the said section.

Appointment 41. The Corporation, either singly or in concurrence with the State of Hospital

Committee. Government, may appoint a Hospital Committee with such constitution, powers and duties with respect to hospitals and institutions for the benefit of the aged, sick and infirm, vesting wholly or partly in the corporation and supported or aided out of its funds as may be defined and provided by by- laws made under section 461 or by any agreement made with the State Government in this behalf.

Constitution 42. The Standing Committee shall consist of twenty seven councillors. of Standing

Committee.

Members of

43. (1) The Corporation shall at their first meeting in the month of April, the Standing

Committee after general elections, appoint twenty six persons out of their own body to when to be

appointed. be members of the Standing Committee.

(2) The Chairman of the Education Committee shall also be a member of the Standing Committee.

Appointment

44. (1) The Standing Committee shall at their first meeting in each official of Chairman

of Standing year appoint one of their own number to be their Chairman until the first Committee.

meeting of the said Committee in the next following official year.

(2) A member of the Standing Committee who ceases to be Chairman shall be re-eligible.

(3) If any casual vacancy occurs in the office of Chairman, the Standing Committee shall, as soon as they conveniently can after the occurrence of such vacancy, choose one of their number to fill such vacancy and every Chairman so chosen shall continue in office so long only as the person in whose place he is appointed would have been entitled to continue if such vacancy had not occurred.

Members of

the Standing 45. (a) One-half of the members of the Standing Committee shall retire at Committee

noon on the first day of April every year. to retire by

rotation. (b) The members who shall retire one year after the Standing Committee is constituted under section 43 shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.

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L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 53

(c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office :

Provided that, in the case of a member who has been ¹[re-appointed] the term of his office for the purposes of this clause shall be computed from the date of his ²[re-appointment].

(d) The term of office of the Chairman of the Education Committee as a member of the Standing Committee shall continue so long as he continues as such Chairman.

46. (1) The Corporation shall at their ordinary meeting in the month of

Appointment March appoint fresh members of the Standing Committee to fill the offices of

of membersof Standing those previously appointed by them who retire from time to time as aforesaid.

Committeeto replace

(2) Any councillor who ceases to be a member of the Standing Committee

those whoretire. shall be re-eligible.

46A. Any member of the Standing Committee who absents himself during Members of three successive months from the meetings of the Committee, except on

the StandingCommittee account of temporary illness or other cause to be approved by the Committee

absentinghimself for or absents himself from or is unable to attend the meeting of the Committee

three months from during eight successive months, from any cause whatever, whether approved

mettings to by the Committee or not, shall cease to be a member of the Standing

vacate seat. Committee and his seat shall thereupon be vacant.

47. In the event of non-acceptance of office by a councillor appointed to Casual be a member of the Standing Committee or of the death, resignation or

vacancies inthe Standing disqualification of a member of the said Committee or of his becoming

Committeehow to be incapable of acting previous to the expiry of his term of office or of his seat

filled up. becoming vacant under section 46A 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.

48. The Standing Committee in existence on the day for the retirement

Each Standing Committee to of councillors shall continue to hold office until such time as a new Standing continue in Committee is appointed under section 43, notwith-standing that the members

office till a newCommittee is of the said Committee or some of them may no longer be Councillors.

appointed.

49. The Standing Committee shall meet for the despatch of business in

Provisions regulating the chief municipal office and may, from time to time, make such regulations the with respect to such meetings and with respect to the scrutiny of the municipal

proceedingsof the accounts as they think fit, subject to the following conditions :—

StandingCommittee.

(a) there shall be a meeting of the Standing Committee once a week, and at such other times as shall be found necessary ;

(b) the first meeting of each Standing Committee shall be held on a day and at a time to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner ; and at every such time as the said committee, from time to time, determine ;

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(c) the Chairman of the Standing Committee shall, upon a written requisition signed by the Commissioner, call a special meeting of the said Committee within twenty-four hours of the transaction of any business which, in the opinion of the Commissioner, cannot be delayed until the next ordinary meeting of the said Committee ;

(d) no business shall be transacted at a meeting of the Standing Committee unless at least nine members are present from the beginning to the end of such meeting ;

(e) every meeting of the Standing Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting, and, if the Chairman absent, by such one of the members present as may be chosen by the meeting to the Chairman for the occasion ;

(f) every question shall be decided by a majority of votes of the members of the Standing Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes ;

(g) subject to any by-laws in this behalf made under clause (t) of section 461, the Standing Committee may, from time to time, by a specific resolution in this behalf, delegate any of their powers or duties to sub- committees consisting of such members of the said committee not less in number than three on each sub-committee as they think fit; and any sub- committee so formed shall conform to any instructions that may, from time to time, be given to them by the Standing Committee and the said committee may at any time discontinue or alter the constitution of any sub-committee so formed ;

(h) a sub-committee may elect a Chairman of their meetings, and if no such Chairman is elected or if he is not present at the time appointed for holding any meeting, the members of the sub-committee, present shall choose one of their member to be chairman of such meeting ;

(i) sub-committees may meet and adjourn as they think proper, but the chairman of the Standing Committee may, whenever he thinks fit, and shall, upon the written request of not less than two members of a sub- committee, call a special meeting of such sub-committee ;

(j) questions at any meeting of a sub-committee shall be decided by a majority of votes of the members present and, in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote, but no business shall be transacted at any such meeting unless at least two thirds of the members of the sub-committee are present from the beginning to the end thereof ;

(k) a minute shall be kept by the municipal secretary of the names of the members present and of the proceedings at each meeting of the Standing Committee and at each sub-committee's meetings in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of the next ensuing meeting ;

(l) a member of the Standing Committee shall not vote or take part in the discussion before the said committee or before any sub-committee of any matter in which he has, directly or indirectly, by himself or by his partner, any share or interest such as is described in clauses (g) to (l) both inclusive, of section 16 or in which he is professionally interested on behalf of a client, principal or other person ;

(m) the commissioner or where the Commissioner is unable to attend owing to absence or illness or for any other reasonable cause whatsoever, the Director or a Deputy Commissioner, shall have the same right of being present at a meeting of the Standing 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 ; but

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L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 55 when required by the Standing Committee or the Chairman of that Committee the Commissioner shall himself attend the meeting of the Standing Committee, unless he is prevented from doing so on account of absence, illness or any other reasonable cause.

49A. The Corporation shall appoint a Committee to be called the

Improvements Improvements Committee for the purpose of the improvement of the city,

Committee tobe constituted in accordance with the provisions of this Act, and subject to such conditions

for the purpose of carrying out and limitations as are in this Act contained. the improvement

of the city.

49B. The Improvements Committee shall consist of twenty-six Constitution councillors.

of theImprovements Committee.

49C. The Corporation shall, at their first meeting in the month of April

Members of after each general election, appoint twenty-six persons out of their own

ImprovementsCommittee body to be members of the Improvements Committee.

when to be appointed.

49D. (1) The Improvements Committee shall at their first meeting

Appointment appoint one of their member to be their Chairman until the first meeting

of Chairmanof of the said Committee in the following official year, and thereafter, the

Improvements Committee. said Committee shall at their first meeting in each official year appoint a member of their body to be their Chairman until the first meeting of the said Committee in the next following official year.

(2) A member of the Improvements Committee who ceases to be the Chairman shall be re-eligible.

(3) If any casual vacancy occurs in the office of Chairman, the Improvements Committee shall, as soon as they conveniently can after the occurrence of such vacancy, choose one of their member to fill such vacancy and every Chairman so chosen shall continue in office so long only, as the person in whose place he is appointed would have been entitled to continue if such vacancy had not occurred.

49E. (a) One-half of the members of the Improvements Committee

Members of shall retire at noon on the first day of April every year.

ImprovementsCommittee to

(b) The members who shall retire one year after the Improvements

retire byrotation. Committee is constituted under section 49B shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.

(c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office :

Provided that, in the case of a member who has been re-elected the terms of his office for the purposes of this clause shall be computed from the date of his re-election.

H 4094—12a

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Appointment of

49F. (1) The Corporation shall at their ordinary meeting in the month of members of

Improvements

March appoint fresh members of the Improvements Committee to fill the Committee to

replace those offices of those previously appointed by them who retire, from time to time, who retire.

as aforesaid.

(2) Any Councillor who ceases to be a member of the Improvements Committee shall be re-eligible.

Casual

49G. In the event of non-acceptance of office by a Councillor appointed vacancies in

the to be a member of the Improvements Committee or of the death, resignation Improvements

Committee or disqualification of a member of the said committee or of his becoming how to be filled

up. incapable of acting previous to the expiry of his term of office or of his office becoming vacant under clause (i) of section 491, the vacancy shall be filled- up, as soon as 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 occured. Improvements

49H. The Improvements Committee in existence on the day for the Committee to

continue in

retirement of Councillors shall continue to hold office until such time as a office till a new

Committee is new Improvements Committee is appointed under section 49C, appointed.

notwithstanding that the members of the said committee or some of them may no logger be Councillors.

Provisions to 49I. The Improvements Committee shall meet for the despatch of business regulate the

proceedings of in the Chief Municipal Office and the Committee may, from time to time, the

Improvements make such regulations with respect to such meetings as they think fit, subject Committee.

to the following conditions :—

(a) there shall be a meeting of the Improvements Committee once a month and at such other times as shall be found necessary ;

(b) the first meeting of the Improvements Committee shall be held on a day and at a time to be fixed by the Mayor, and if not held on that day shall be held on some subsequent day to be fixed by the Mayor ; and every subsequent meeting of the Improvements Committee shall be held on such day and at such time as the committee may, from time to time, determine ;

(c) the Chairman of the Improvements Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner or by not less than four members of the Committee, call a special meeting of the said Committee within forty-eight hours for the transaction of any business ;

(d) no business shall be transacted at a meeting of the Improvements Committee unless at least nine members are present from the beginning to the end of such meeting ;

(e) every meeting of the Improvements Committee shall be presided over by the Chairman, if the Chairman is absent, by such one of the members present as may be chosen by meeting to be Chairman for the occasion ; (f ) every question shall be decided by a majority of votes of the members of the Improvements Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes ;

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(g) a minute shall be kept by the municipal secretary of the names of the member present and of the proceedings at each meeting of the Improvements Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting ;

(h) a member of the Improvements Committee shall not vote or take part in the discussion before the said committee or before any sub- committee of any matter in which he has, directly or indirectly, by himself or by his partner, any share on interest such as is described in clauses (g) to (l) both inclusive, of section 16 or in which he is professionally interested on behalf of a client, principal or other person ;

(i) the Commissioner or the Deputy Municipal Commissioner (Improvements) or, in the absence of the later, the Director or a Deputy Commissioner when authorised by the Commissioner in this behalf, shall have the same right of being present at a meeting of the Improvements Committee and of taking part in the discussions there-at as a member of the said Committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting ;

(j) any member of the Improvements Committee who absents himself during three successive months from the meeting 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 eight successive months from any cause whatever, whether approved by the Committee or not shall cease to be a member and his office shall thereupon be vacant.

50. (1) The Corporation shall appoint a Committee to be called the Brihan

Constitution of Mumbai Electric Supply and Transport Committee for the purpose of

BrihanMumbai conducting the Brihan Mumbai Electric Supply and Transport Undertaking

Electric Supplyand Transport in accordance with the provisions of this Act, and subject to such conditions

Committee andterm of office and limitations as are in this Act contained.

of its members.

(2) The Committee shall consist of seventeen members.

(3) The Chairman of the Standing Committee shall be an ex-officio member of the committee and the other members shall be appointed by the Corporation from among persons, who, in the opinion of the Corporation, have had experience of, and have shown capacity in, administration, transport, or electric supply, or in engineering, industrial, commercial, financial or labour matters and of whom one atleast shall be a councillor and remaining may or may not be Councillors.

(4) (a) One half of the members of the Brihan Mumbai Electric Supply and Transport Committee shall retire at noon on the first day of April every year.

(b) The members who shall retire one year after the Brihan Mumbai Electric Supply and Transport Committee is constituted under this section shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.

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(c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office :

Provided that, in the case of a member who has been ¹[re-appointed] the term of his office for the purposes of this clause shall be computed from the date of his ²[re-appointment].

(5) A person shall be disqualified for being appointed as, and for being a member of the Committee if, under the provisions of section 16, he is disqualified for being elected as, and for being, a Councillor. Disqualification

50A. (1) Any person who, having been appointed as a Member of the of members

of Brihan

Brihan Mumbai Electric Supply and Transport Committee,— Mumbai

Electric

Supply and (a) becomes disqualified for being a member of the committee under Transport

the provisions of sub-section (5) of section 50 ; or Committee.

(b) absents himself during six successive meeting of the committee except from temporary illness or other causes to be approved by the committee; or

(c) absents himself from or is unable to attend the meeting of the committee during six successive months from any cause whatsoever, shall cease to be a Member of the committee and his office shall thereupon become vacant.

(2) If any question or dispute arises whether a vacancy has occurred under sub-section (1), the Commissioner shall, at the request of the Corporation, apply to the Chief Judge of the Small Cause Court, and the said Chief Judge, after making such inquiry as he deems necessary shall determine whether a vacancy has occurred, and his decision shall be final. Casual

50B. In the event of non-acceptance of office by any person appointed to vacancies

how to be be a member of the Brihan Mumbai Electric Supply and Transport Committee filled up.

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 50A, 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.

Chairman of

50C. (1) The Brihan Mumbai Electric Supply and Transport Committee shall, Brihan

Mumbai after their appointment, at their first meeting in each official year appoint one of Electric

their members, who is a councillor, to be the Chairman until the first meeting of Supply and

Transport

the committee in the next official year. Committee.

(2) The committee shall thereafter at their first meeting in each official year appoint one of their members, being a councillor, as Chairman until the first meeting of the committee in the next following year.

1

The words " re-appointed " were substituted for the words " re-elected " by Mah. 11 of 2007, s. 3 (i).

The words " re-appointment " were substituted for the words " re-election " by Mah. 11 of 2007, s. 3 (ii).

2

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 59

(3) The retiring Chairman shall be eligible for reappointment as Chairman.

(4) 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.

(5) 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, appoint one of their member being a councillor, 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.

50D. (1) Brihan Mumbai Electric Supply and Transport Committee shall

Meetings of Brihan

meet for the despatch of business at such place as the Committee may from Mumbai time to time decide and until a decision has been taken to meet elsewhere,

ElectricSupply and shall meet in the Chief municipal office.

Transport Committee.

(2) The Committee may, from time to time, make such regulations with regard to the meetings of the Committee and sub-committees as the Committee think fit subject to the following conditions :—

(a) there shall be a meeting of the Committee once a fortnight and at such other times as shall be found necessary ;

(b) the first meeting of the Committee shall be held on a day and at a time to be fixed by the Mayor and, if not held on that day, shall be held on some subsequent day to be fixed by the Mayor, and every subsequent meeting of the Committee shall be held on such day and at such time as the Committee may from time to time determine;

(c) the Chairman of the Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner or the General Manager, or by not less than three Members of the Committee, within forty-eight hours of the receipt by him of the requisition, call a special meeting of the Committee for the transaction of any business ;

(d) no business shall be transacted at a meeting of the Committee unless at least seven members are present from the beginning to the end of such meeting;

(e) every meeting of the Committee shall be presided over by the Chairman, if the Chairman is present at the time for holding the meeting, and if the Chairman is absent, by such one of the members as may be chosen by the meeting to be Chairman for the occasion;

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(f) every question shall be decided by a majority of votes of the members of the Committee present and voting on that question, the presiding authority having a second or casting vote when there is equality of votes ;

(g) the Committee shall cause to be kept a minute of the names of the members present and of the proceedings at each meeting of the Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting;

(h) a member of the Committee shall not vote upon, or take part in the discussion before the Committee or before any Sub-Committee of any matter in which he has directly or indirectly, by himself or by his partner, any share or interest such as is described in clauses (g) to (l), both inclusive, of sub-section (2) of section 16, or in which he is professionally interested on behalf of a client, principal or other person.

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

Fees for 50E. The Chairman and members of the Brihan Mumbai Electricity Sup- attendance

at ply and Transport Committee shall be paid such fees for attending meetings meetings

of the Committee as may be prescribed by rules framed by the Corporation of Brihan

Mumbai

under this section with the sanction of the State Government. Electric

Supply

and

Transport

Committee.

Sub-

50F. (1) The Brihan Mumbai Electric Supply and Transport Committee Committees

of the may, from time to time, appoint one of their own body as Sub-Committee Brihan

Mumbai consisting of such number of persons as the Committee may think fit. Electric

Supply

(2) The Committee may by specific resolution carried by the vote of at and

Transport least two-third of their number present at the meeting delegate any of their Committee.

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.

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L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 61

50G. (1) The Corporation shall appoint a Committee to be called the

Constitution of Education Committee for the purpose of giving effect to the provisions as to

EducationCommittee. primary education in this Act or in other law for the time being in force.

(2) The Education committee shall consist of twenty six members of whom twenty-two shall be Councillors and four shall be persons who are not councillors.

(3) The non-councillors to be so appointed shall be persons,—

(a) whose names are enrolled on the municipal election roll as voters ;

(b) who are graduates of universities recognised by the Corporation in this behalf ;

(c) who have five years teaching or administrative experience in educational instructions ; and

(d) who possess such other qualifications as the Corporation may determine in this behalf.

50H. The Corporation shall, as soon as may be, after the commence-ment Members of Mah. of the Mumbai Municipal Corporation (Amendment) Act, 1999, and thereafter

Education XXVII of Committee 1999. at their first meeting in the month of April, after every general election,

when to be appoint sixteen duly qualified persons to be members of the Education

appointed. Committee.

50I. (1) A person shall not be eligible for appointment as a member of

Disqualifications the Education Committee,—

of members of Education

(a) if he is directly or indirectly interested in any immovable property

Committee. on or in which any municipal school or office is located or in any institution or school which receives donation or grant-in-aid from the Corporation ; or

(b) if, not being a councillor, he would have been disqualified for being elected as a councillor under section 16.

Explanation.— A person shall be deemed to be interested within the meaning of clause (a) of this sub-section, if he derives or has been promised directly or indirectly, any pecuniary gain from or in respect of such property, institution or school whether by way of a price or rent or premium or other thing of value whether of the like nature or not.

(2) If any person having been appointed a member of the Education Committee,—

(a) becomes subject to any of the dis-qualifications mentioned in sub- section (1) ;

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

(c) absents himself from or is unable to attend the meetings of the Committee during eight successive months from any cause whatsoever, he shall cease to be a member of the Committee and his office shall thereupon become vacant.

50J. (1) The Education Committee shall, at their first meeting in each Appointment official year, appoint one of their own member, being a councillor, to be

of Chairmanof Education their Chairman until the first meeting of the Committee in the next official

Committee. year.

H 4094—13

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62 Mumbai Municipal Corporation Act [1888 : Bom. III

(2) The retiring Chairman shall be eligible for re-election.

(3) If any casual vacancy occurs in the office of the Chairman, the Education Committee shall, as soon as they conveniently can, after the occurrence of such vacancy, appoint one of their members being a councillor to fill such vacancy and every Chairman so appointed shall continue in office only so long as the person in whose place he is appointed would have been entitled to continue if such vacancy had not occurred.

Members of

50K. (1) One-half of the councillor members and one half of the other Education

Committee to members of the Education Committee shall retire at noon on the first day of retire by

April every year. rotation.

(2) The member who shall retire on the first day of April next after the Education Committee is constituted under section 50G shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman shall determine.

(3) During succeeding years the members who shall retire under sub-section (1) shall be the members who have been longest in office :

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

Appointment of 50L. (1) The Corporation shall, subject to the provisions of section 50H, members of

Education at their ordinary meeting in the month of March, appoint fresh members of Committee to

the Education Committee to fill the offices of those who retire from time to replace those

who retire. time as aforesaid.

(2) Any retiring member of the Education Committee shall be eligible for 1 [re-appointment].

Casual vacancy

50M. (1) In the event non-acceptance of office by a person appointed to in Education

Committee be a member of the Education Committee or of the death, resignation or how to be filed disqualification of a member of the Committee or of his becoming incapable up.

of acting previous to the expiry of his term of office or of his seat becoming vacant under sub-section (2) of section 50I, the vacancy shall be filled up as soon as it conveniently may be by the appointment by the Corporation of a person thereto who 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.

(2) If any question or dispute arises whether a vacancy has occurred under this section it shall be referred to the Corporation whose decision shall be final.

Each

50N. The Education Committee in existence on the day for the Education

Committee to retirement of Councillors shall continue to hold office until such time as a continue in

office till new new Education Committee is appointed under section 50H notwithstanding Committee is

appointed. that the members of the said Committee or some of them may no longer be Councillors.

Education 50O. The members duly appointed may perform all the functions legally Committee to

act not- pertaining to the Education Committee, notwithstanding any default, delay withstanding

or defect in the appointment of any member. default

etc. in

appointment of

members.

1

The word " re-appointed " was substituted for the word " re-election " by Mah. 11 of 2007, s. 4.

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 63

5OP. The Education Committee shall meet for the despatch of business

Meetings of in the Chief Municipal Office and may from time to time, make such

EducationCommittee. regulations with respect to such meetings and to the management of schools under their control as they think fit, subject to the following conditions :—

(a) there shall be a meeting of the Education Committee once a month, and at such other times as shall be found necessary ;

(b) the first meeting of the Education Committee shall be held on a day and at a time to be fixed by the Mayor, and if not held on that day shall be held on some subsequent day to be fixed by the Mayor ; and every subsequent meeting of the Education Committee shall be held on such day and at such time as the Committee may, from time to time, determine ;

(c) the Chairman of the Education Committee may, whenever he thinks fit, and shall, upon a written request signed by not less than four members of the Committee, call a special meeting of the said Committee for the transaction of any business ;

(d) no business shall be transacted at a meeting of the Education Committee unless at least nine members are present ;

(e) every meeting of the Education Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting and, if the Chairman is absent, by such one of the members present as may be chosen by the meeting to be Chairman for the occasion ; (f ) every question shall be decided by a majority of votes of the members of the Education Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes ;

(g) a minute shall be kept by the municipal secretary of the names of the members present and of the proceedings at each meeting of the Education Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting ;

(h) a member of the Education Committee shall not vote or take part in the discussion before the said Committee or before any sub-Committee of any matter in which he has, directly or indirectly, by himself or by his partner, any share or interest such as is described in clauses (g) to (l) both inclusive, of sub-section (2) of section 16 or in which he is professionally interested on behalf of a client, principal or other person.

50Q. The Commissioner and the Education Officer and, in the absence of

Right of the Commissioner, any other officer authorised by the Commissioner in this

MunicipalCommissioner behalf shall have the same right of being present at a meeting of the Education and Committee and of taking part in the discussions thereat as a member of the

Education said Committee, but none of them shall vote upon, or move any proposition

Officer to bepresent. at such meeting.

50R. The Education Committee may, from time to time appoint, out of

Appointment of their own body, sub-committees, consisting of such number of persons as the

sub-committees by Education Committee may think fit, and may refer to such sub-committees Education for inquiry and report or for opinion in any matter with which the Education

Committee. Committee is empowered by or under this Act to deal. H 4094—13a

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Elections to

5OS. ¹[(1) Notwithstanding anything contained in this Act or Committees to

be by the bye-laws made thereunder in the case of the following Committee, except proportional

where it is provided by this Act that the appointment of a Councillor to any representa-

tion. Committee shall be by virtue of his holding any office, the appointment of Councillors to these Committees, whether in regular or casual vacancies, 1 [shall be made by the Corporation by nominating Councillors in accordance with the provisions of sub-section (2)] :—

(1) Any consultative Committee appointed under section 38.

(2) Any special Committee appointed under section 38A.

(3) The Standing Committee.

(4) Improvements Committee.

(5) The Brihan Mumbai Electric Supply and Transport Committee.

(6) The Education Committee.] 2 [(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 :

3 [Provided that, 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 sterength of members of the Committee. The number of Councillors of the recognized parties or registered parties or groups or aghadi or front shall be fruther divided by the quotient of this division. The figures so arrieved at shall be the relative strength of the respective recognized parties or registered parties or groups or aghadi or front. The seats shall be allotted to the recognized parties or registered parties or group or aghadi or front by first considering the whole number of their relative 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 relative 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 party or group may, notwithstanding anything contained in the Maharashtra Local Authority Members' Disqualification Act, 1986,

Mah. XX within a period of one month from the date of notification of election results,

of 1987. form 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 nominted on behalf of such party or group, the decision of the Corporation shall be final.]

3

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 65 l * * * * * * *

2 [Wards Committees

50TT. (1) The Corporation shall constitute not more than twenty-five

Constitution of Wards

Wards Committees each comprising such contiguous wards as may be decided Committee. by the Corporation.

(2) Each Wards Committee shall consist of,—

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

3 * * * * * * *

(b) the Ward 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 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 Committee 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 among 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 selected shall hold office so long only as the Chairperson in whose place he is elected would have held office if such vacancy had not occurred.

1 Section 50T was deleted by Mah. 10 of 1998 s. 17.

2 This sub-heading and section 50TT was inserted by Mah. 41 of 1994, s. 34.

3 The proviso was deleted by Mah. 27 of 1999, s. 11(a).

104

L-1 H 4094

66 Mumbai Municipal Corporation Act [1888 : Bom. III

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

(a) 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 ¹[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.

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

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

Provisions regarding validity of proceedings

Vacancy in ²[51. No Act or proceedings of the corporation or of any committee Corporation

appointed under this Act shall be questioned on account of any vacancy in or in any

Committees the Corporation or in any such Committee, as the case may be.] not to

invalidate its

proceedings.

Proceedings of 52. No disqualification of, or defect in, the election or appointment ³* * corporation,

of any person acting as a councillor or as the ⁴[Mayor] or presiding authority etc. not vitiated

by disqualifica- of the corporation or as the

5 [Chairman] or

6 [of the Standing Committee or of tion, etc. of any Committee or sub-Committee appointed under this Act shall be deemed members

to vitiate any act or proceeding of the corporation or Standing Committee or thereof.

of any such Committee or sub-Committee] as the case may be, in which such person has taken part, whenever the majority of persons, parties to such act or proceeding, were entitled to act.

105

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 67

53. Until the contrary is proved, every meeting of the corporation or

Proceedings 1 * * of a

2 [Committees or sub-Committee] in respect of the proceedings

of meetingsto be whereof a minute has been made and signed in accordance with this Act

deemed to be shall be deemed to have been duly convened and held, and all the members

good andvalid until the of the meeting shall be deemed to have been duly qualified ; and where the

contrary proceedings are proceedings of a ²[Committees or sub-Committee] such

is proved. 2 [Committees 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. 3 [53A. If, any committee or special committee under this Act is not

Exercise of constituted at any point of time, or for any reason not in a position to exercise

powers anddischarge of its powers or discharge its duties under this Act, its powers shall be exercised

duties of any committee by and its duties shall be discharged by the corporation untill such committee corporation. is constituted or in a position to exercise its powers and discharge its duties.

53B. The Chairman or the Deputy Chairman, if any, of any committee Removal of constituted under this Act may be removed from the office by the State

Chairman orDeputy Government, if he fails to convene two consecutive meetings of the committee

Chairman of as specified by or under this Act, and the Chairman or Deputy Chairman so

committees. removed shall not be eligible for re-election or re-appointment as Chairman or, as the case may be, Deputy Chairman or such committee during the remainder term of his office :

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

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

4 [(F) The Municipal Commissioner.]

54. (1) The Municipal Commissioner for ⁵[Brihan Mumbai] shall be from

Appointment 6 7 8 of the time to time appointed by the [ [State] Government]. [He may hold office Commissioner. for such period not exceeding three years as the State Government may fix and his appointment may be renewed by the State Government for a further period not exceeding three years :

Provided that, when the Commissioner holds a lien on the service of the State Government, he may be recalled to such service at any time by the State Government.]

1 The words " or Standing Committee " were deleted by Mah. 10 of 1998, s. 18.

106

L-1 H 4094

68 Mumbai Municipal Corporation Act [1888 : Bom. III

1 * * * *

(2) ²[Notwithstanding the provisions of sub-section (1), the Commissioner shall] be forthwith removed by ³[the ⁴[⁵[State] Government] ] from the office if at a meeting of the corporation not less than ⁶[five-eighth of the whole number of councillors] shall vote in favour of a proposition in this behalf; and he may be removed by the ⁴[⁵[State] Government] at any time if it shall appear to the ⁴[⁵[State] Government] that he is incapable of performing the duties of his office or has been guilty of any misconduct or neglect which renders his removal expedient:

7 [Provided that when the Commissioner holds a lien on the service of

3 [the 4 [ 5 [State] Government]], he shall not during the period of his appointment as Commissioner be removed from office without the approval of the corporation.]

8 [(3) The State Government may appoint one or more persons to be called Additional Municipal Commissioners 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.

(4) The terms and conditions of service of a person appointed as Additional Municipal Commissioner shall be such as may from time to time be determined by the State Government by general or special order.

(5) Subject to the provisions of sub-section (4), every person so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.]

9 [The Director.

Appointment of

54A. (1) Subject to confirmation by the State Government, the corporation the Director.

may at any time, and from time to time, appoint a person to be the Director (Engineering Services and Projects), if it shall appear to it expedient to do so.

(2) Every person so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.] Deputy Municipal Commissioner

Appointment of

55. (1) Subject to confirmation by the ⁴[⁵[State] Government], the a Deputy

Municipal corporation may at any time, and from time to time, appoint a person to be a Commissioner.

Deputy Municipal Commissioner, if it shall appear to it expedient so to do. 10 [(1A) With the previous approval of the State Government, the corporation may at any time, and from time to time, create one or more posts of additional Deputy Municipal Commissioners which it considers necessary and may, subject to confirmation by the State Government, appoint a fit person or persons to hold such post or posts.]

(2) Every person so appointed shall be subject to the same liabilities, restrictions and conditions to which the Commissioner is subject.

1

The words " after consultation with the corporation " shall be deemed to have been deleted with effect from 1st November 1991 by Mah. 8 of 1992, s. 3.

2

These words were substituted for the words " But he shall ", by Mah. 8 of 1992, s.2(b).

3

The words " the Provincial Government" were substituted for the word " Government " by the Adaptation of Indian Laws Order in Council.

4

The words " Provincial Government " were substituted for the words " Governor-in-Council" by the Adaptation of Indian Laws Order in Council.

5

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

6

These words were substituted for the words "sixty-four councillors" by Bom. 7 of 1950, s. 9.

7

This proviso was added by Bom. 1 of 1925, s. 14.

8

Sub-sections (3), (4) and (5) were added by Mah. 43 of 1983. s. 8.

9

This heading and section 54A were inserted by Mah. 53 of 1981, s. 8.

Sub-section (1A) was inserted by Bom. 7 of 1950, s. 10.

10

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 69

1

56. (1) [The Director or a Deputy Commissioner] ²[or an Additional

Functions of 8 [the Director Deputy Commissioner] so appointed shall be subordinate to the Commissioner and Deputy and, subject to his orders, shall exercise such of the powers and perform

Commissioner.] such of the duties of the Commissioner as the Commissioner shall from time to time depute to him :

(2) Provided that,—

3

* * * * * * * *

(b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to ⁴[the Director or a Deputy Commissioner.]

5 [(2A) Provided further that when an additional Deputy Commissioner or more than one additional Deputy Commissioner have been appointed, the Commissioner shall prescribe the respective spheres of duties of each of such additional Deputy Commissioners, and in so doing may allot to the Deputy Commissioner or the additional Deputy Commissioner designated by him responsibility, subject to the control of the Commis-sioner, for the Municipal Government of the suburbs in so far as such responsibility is consistent with the powers and duties deputed to him under sub-section (1)].

(3) All acts and things performed and done by ⁶[the Director or a Deputy Commissioner] ⁷[and an Additional Deputy Commissioner], during his tenure of the said office and in virtue thereof, shall for all purposes be deemed to have been performed and done by the Commissioner.

9 [56A. (1) Subject to the previous approval of

10 [the

11 [State] Government]

Appointment the Corporation shall, as soon as conveniently may be after the commencement

of DeputyMunicipal Bom. of the City of Bombay Municipal (Amendment) Act, 1933, appoint a Deputy

Commissioner XIII of

Municipal Commissioner to be styled the Deputy Municipal Commissioner

(Improvements).

1933.

(Improvements). Such appointment shall be in addition to any appointment of a Deputy Municipal Commissioner made under sub-section (1) of section 55.

(2) Every person so appointed shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is subjected to under this Act.

(3) A person appointed as a Deputy Municipal Commissioner (Improve- ments) shall be appointed in the first instance for a period of five years, which may be renewed thereafter from time to time for a like or lesser period :

12 [Provided that if such person is a municipal officer and due to retire under regulations made and applicable to him under section 81 on a date earlier than the expiry of the period of five years from the date of appointment or reappointment, he may be appointed or reappointed for a period of five years or a lesser period.].

1

These words were substituted for the words " a Deputy Commissioner " by Mah. 53 of 1981, s. 9(a).

L-1 H 4094

70 Mumbai Municipal Corporation Act [1888 : Bom. III

(4) The person appointed to be the Chief Officer, under section 26 of the ^Bom. XVI of

City of Bombay Improvement Trust Transfer Act, 1925, and holding that office 1925. at the commencement of the City of Bombay Municipal (Amendment) Act, 1933, shall be the Deputy Municipal Commissioner (Improvements) under this Act until the Corporation shall have appointed a Deputy Municipal ^Bom. Commissioner (Improvements) under the provisions of sub-section (1) and

XVI of1933. until such Deputy Municipal Commissioner shall have entered on the discharge of the duties of his office.]

Functions of ^l[56B. (1) The Deputy Municipal Commissioner (Improvements) shall be the Deputy

Commissioner subordinate to the Commissioner and, subject to his orders, shall exercise (Improvements).

such of the powers and perform such of the duties of the Commissioner in connection with the improvement of the city and such other duties of a Deputy Municipal Commissioner as the Commissioner may from time to time direct :

Provided that the Commissioner shall inform the Corporation of the powers and duties which he from time to time deputes to the Deputy Municipal Commissioner (Improvements).

(2) All acts and things performed and done by the Deputy Municipal Commissioner (Improvements), during his tennure of the said office and in virtue thereof shall for all purposes be deemed to have been performed and done by the Commissioner.]

2

Remuneration of Commissioner [, Director] and Deputy Commissioner Salary of the

57. (1) The Commissioner shall receive ³[such monthly salary ⁴[as the Commissioner.

State Government may, from time to time, determine]] in return wherever he shall, except as hereinafter provided, devote his whole time and attention to the duties of his office as prescribed in this Act or in any other enactment for the time being in force :

Duties which

(2) Provided that he may at any time— may be

undertaken by

the (a) hold the office of a trustee of the port of Bombay; Commissioner

outside of this (b) with the sanction of the corporation, serve on any committee Act.

constituted for the purposes of any local inquiry or for the furtherance of any object of local importance or interest.

5

* * * * * * * * Remuneration

58. ⁶[The Director and a Deputy Commissioner] shall receive such of ⁹[the

Director and monthly salary ⁷[as the Corporation shall, from time to time, with the approval Deputy

of the State Government, determine :

Commissioner.]

Provided that, the salary of ⁸[the Director or a Deputy Commissioner] shall not be altered to his disadvantage during his period of office.]

1

This section was inserted by Bom. 13 of 1933, s. 7.

2

The word " Director " was inserted by Mah. 53 of 1981, s. 10.

3

These words were substituted for the original words by Bom. 13 of 1938, s. 26(1).

4

These words were substituted for the words "not exceeding three thousand rupees and not less than two thousand rupees as the State Government may determine" by Mah. 8 of 1992, s. 4.

5

Sub-section (3) was deleted by Bom. 13 of 1938, s. 26(2).

6

These words were substituted for the words " a Deputy Municipal Commissioner " by Mah. 53 of 1981, s. 11(a).

7

This portion was substituted for the portion beginning with the words "not exceeding" and ending with the words " time to time, determine " by Mah. 5 of 1970, s. 2, with effect from 1st April 1966.

8

These words were substituted for the words " a Deputy Municipal Commissioner " by Mah. 53 of 1981, s. 11(b).

9

These words were substituted for the words "a Deputy Municipal Commissioner" by Mah. 53 of 1981, s. 11(c).

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 71

1

[58A. The Deputy Municipal Commissioner (Improvements) shall receive Remuneration such monthly salary ²[as the Corporation shall, from time to time, with the

of the Deputy Municipal approval of the State Government, determine] : Commissioner (Improvements).

Bom.

Provided that the person holding office of the Chief Officer under section XVI of

1925. 26 of the City of Bombay Improvement Trust Transfer Act, 1925 at the Bom.

XIII of commencement of the City of Bombay Municipal (Amendment) Act, 1933,

1933.

shall, so long as he, continues to be the Deputy Municipal Commissioner (Improvements) under the provisions of sub-section (4) of section 56A, receive a monthly salary of rupees two thousand and five hundred :

Bom.

Provided further that if the said person be appointed as Deputy Municipal XIII of

1933.

Commissioner (Improvements) under sub-section (1) of section 56A, he shall receive from the commencement of the City of Bombay Municipal

3

(Amendment) Act, 1933 such monthly salary * * * as the Corporation shall from time to time determine :

4 [Provided also that, the salary of the Deputy Municipal Commissioner (Improvements) shall not be altered to his disadvantage during his period of office.]

5

Provisions for absence of Commissioner, [Director] or Deputy Commissioner on leave.

59. (1) Leave of absence may be granted, from time to time— Grant of leave of

(a) to the Commissioner, by the ⁶[⁷[State] Government], with the assent absence to of ⁸[Standing Committee]. ^the

Commissioner,

10

(b) to ⁹[the Director or a Deputy Commissioner] by [the Commissioner]. ¹¹[Director] or Deputy

Commissioner.

(2) The allowance to be paid to the Commissioner or ¹²[to the Director or a

Allowance Deputy Commissioner] whilst so absent on leave shall be of such amount not

whilst absent exceeding respectively the amount of the salary of the Commissioner ¹³[or

on leave.

6 7

the Director or Deputy Commissioner] as shall be fixed by the [ [State] Government] or the corporation, respectively :

Provided that if the Commissioner ¹³[or the Director or Deputy Commissioner]

1

New section 58A was inserted by Bom. 13 of 1933, s. 8.

2

This was substituted for the portion beginning with the words " not exceeding " and ending with the words " time to time, determine " by Mah. 5 of 1970, s. 3(a), with effect from 1st April 1966.

3

The words "not exceeding rupees two thousand" were deleted by Mah. 10 of 1998, s. 19.

4

This proviso was added, ibid., s. 3(b), with effect from 1st April 1966.

5

The word " Director " was inserted by Mah. 53 of 1981, s. 12(a).

6

The words " Provincial Government " were substituted for the words " Governor-in-Council " by the Adaptation of Indian Laws Order in Council.

7

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

8

These words were substituted for the words " the Mayor-in-Council " by Mah. 27 of 1999. s. 14.

9

These words were substituted for the words " a Deputy Commissioner " by Mah. 53 of 1981. s. 12(b)(i).

10

These words were substituted for the words " the Corporation " by Mah. 10 of 1998, s. 20.

11

These words were substituted for the words " to a Deputy Commissioner " by Mah. 53 of 1981, s. 12(c)(i).

12

These words were substituted for the words " Deputy Commissioner ", by Mah. 53 of 1981, s. 12(c)(i).

13

These words were inserted, ibid. s. 12(c)(ii). H 4094—14a

110

L-1 H 4094

7 2 Mumbai Municipal Corporation Act [1888 : Bom. III

is a ¹[Government Officer], the amount of such allowance shall be regulated by the rules at the time in force relating to the leave allowances of officers of his class.

Appointment (3) During any absence of the Commissioner or of ²[the Director or a Deputy and

Commissioner] the

3 [ 4 [State] Government] or the corporation may appoint a remuneration

of acting person to act as Commissioner or ⁵[as the Director or a Deputy Commis- Commissioner

sioner,] as the case may be. Every person so appointed shall exercise the or acting

16

[Director or powers and perform the duties conferred and imposed by this Act or by any a Deputy

other enactment at time in force on the person for whom he is appointed to Commissioner].

act, and shall be subject to the same liabilities, restrictions and conditions to which the said person is liable, and shall receive such monthly salary, within the limits prescribed in sections 57, ⁶[58 and 58A], for ⁷[the Commissioner,

8

Director and a Deputy Commissioner] as [the ⁴[State] Government] or the corporation, respectively, shall determine.

Disqualifications of the Commissioner, ⁹[Director] and Deputy Commissioner.

17 [Commissioner, 60. (1) No person shall be qualified to be appointed or to be Commissioner Director and 10

Deputy [or Director] or a Deputy Commissioner who has, directly or indirectly, by Commissioner] himself or his partner, any share or interest in any contract with, by or on not to be

behalf of the corporation.

11 * * * * interested in

18

any [contract] 12 with the (2) Any Commissioner [, Director] or Deputy Commissioner who shall corporation. acquire directly or indirectly, by himself or his partner, any share or interest in any such contract ¹³* * * as aforesaid shall cease to be Commissioner, 14 [Director or a Deputy Commissioner] as the case may be, and his office shall become vacant.

(3) Nothing in this section shall apply to any such share or interest in any contract ¹⁵* * * with, by or on behalf of the corporation as, under clauses (h) and (k) of section 16, it is permissible for a councillor to have without his being thereby disqualified for being a councillor.

1

The words " Government Officer" were substituted for the words " Servant of the Crown " by the Adaptation of Laws Order, 1950.

2

These words were substituted for the words " a Deputy Commissioner " by Mah. 53 of 1981, s. 12(d)(i).

3

The words " Provincial Government" were substituted for the words " Governor-in-Council" by the Adaptation of Indian Laws Order in Council.

4

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

5

These words were substituted for the words " as Deputy Commissioner" by Mah. 53 of 1981. s. 12

(d) (ii).

6

The words, figures and letter " 58 and 58A " were inserted by Bom. 13 of 1933, s. 9.

7

These words were substituted for the words " a Commissioner and a Deputy Commissioner'', by Mah. 53 of 1981, s. 12(d)(iii).

8

The words " the Provincial Government " were substituted for the word " Government " by the Adaptation of Indian Laws Order in Council.

9

This word was inserted by Mah. 53 of 1981, s. 13(a).

10

These words were inserted, ibid., s. 13(b).

11

The words " or in any employment with, by or on behalf of the corporation other than as Commissioner or Deputy Commissioner, as the case may be " were deleted by Mah. 42 of 1977, s. 2(a).

12

This word was inserted by Mah. 53 of 1981, s. 13(c)(i).

13

The words " or employment" were deleted by Mah. 42 of 1977, s. 2(b).

14

These words were substituted for the words " Commissioner, or a Deputy Commissioner " by Mah. 53 of 1981, s. 13(c)(ii).

15

The words "or employment" were deleted by Mah. 42 of 1977, s. 2(a).

16

These words were substituted for the words " acting Deputy Commissioner " by Mah. 53 of 1981, s. 12(e).

17

These words were substituted for the words "Commissioner and Deputy Commissioner" by Mah. 53 of 1981, s. 13(d).

This word was substituted for the words "contract, etc.," by Mah. 42 of 1977, s. 2(b).

18

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 73 1 [(G) The General Manager.]

2 [60A. (1) The Corporation shall, subject to the approval of the

3 [State]

Appointment of General Government, appoint a fit person to be the General Manager of the ⁴[Brihan Manager. Mumbai Electric Supply and Transport Undertaking] who shall—

(a) devote his whole time and attention to the duties of his office :

Provided that the General Manager may be permitted by the corporation to accept any appointment, whether honorary or otherwise, which in the opinion of the corporation would not interfere with his duties as General Manager ;

(b) receive such monthly salary as the corporation shall from time to time, with the approval of the ³[State] Government determine 5 [but the salary of the General Manager shall not be altered to his disadvantage during his period of office] ;

(c) 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 total number of councillors.

(2) The General Manager shall be appointed for a period not exceeding five years in the first instance and his appointment may be renewed from time to time with the approval of the ³[State] Government for a period not exceeding five years at a time.

6 * * * * * * *

60B. (1) Leave of absence may be granted from time to time to the General

Leave of Manager ⁷[by the Brihan Mumbai Electric Supply and Transport Committee

absence toGeneral with the assent of the Corporation].

Manager.

(2) The allowance to be paid to the General 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 of the General Manager on leave the ⁸[Committee with the assent of the Corporation] may appoint a person to act as General Manager. Every person so appointed shall exercise the powers and perform the duties conferred and imposed on the General Manager and shall be subject to the same liabilities, restrictions and conditions to which the General

1

This heading was substituted for the original heading " (D) The General Manager " by Bom. 48 of 1950, s. 29.

2

Sections 60A to 60C were inserted by Bom. 48 of 1948, s. 7.

3

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

4

These words were substituted for the words " Bombay Electric Supply and Transport Undertaking " by Mah. 25 of 1996, s. 2, Sch.

5

These words were inserted by Mah. 5 of 1970, s. 4.

6

Sub-section (3) was deleted by Mah. 32 of 2011, s. 6.

7

These words were substituted for the words " by the Member in-charge of the Brihan Mumbai Electric Supply Transport Undertaking with the assent of the Mayor " by Mah. 27 of 1999, s. 15(a).

These words were substituted for the word " Mayor ", by Mah. 27 of 1999, s. 15(b).

8

L-1 H 4094

7 4 Mumbai Municipal Corporation Act [1888 : Bom. III

Manager is liable and shall receive such monthly salary, not exceeding the salary of the General Manager, as the corporation shall determine. Disqualifica-

60C. (1) No person shall be qualified to be appointed or to be General tions of

General Manager who has, directly or indirectly, by himself or his partner, any share Manager.

or interest in any contract with, by or on behalf of, the corporation. ¹* * * * * * *

(2) Any General Manager who shall acquire, directly or indirectly, by himself or by his partner, any share or interest in any such contract 2 * * * * * as aforesaid shall cease to be General Manager.

(3) Nothing in this section shall apply to any such share or interest in any contract ³* * * with by, or on behalf of, the corporation as under clauses (h) and (k) of sub-section (2) of section 16, it is permissible for a councillor to have without his being thereby disqualified for being a councillor, or to any share or other interest in the Bombay Electric Supply and Tramways Company, Limited.]

Appointment of ⁴[60D. (1) ⁵[The Brihan Mumbai Electric Supply and Transport Committee] Chief Accounts

Officer. shall appoint a fit person to be the Chief Accounts Officer of the ⁶[Brihan Mumbai Electric Supply and Transport Undertaking]. He shall—

(a) keep the accounts of the ⁶[Brihan Mumbai Electric Supply and Transport Undertaking] and perform such duties with regard to the Undertaking's accounts as shall be required of him by the ⁷[Brihan Mumbai Electric Supply and Transport Committee] or by the General Manager ;

(b) devote his whole time and attention to the duties of his office ;

(c) receive such monthly salary as ⁷[the Brihan Mumbai Electric Supply and Transport Committee] shall, from time to time, with the approval of the Corporation, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office ;

1

The words "or in employment with by or on behalf of the corporation other than the General Manager " were deleted by Mah. 42 of 1977, s. 3 (a).

2

The words " or employment " were deleted, by Mah. 42 of 977, s. 3(b).

3

The words " or employment " were deleted, by Mah. 42 of 977, s. 3(c).

4

This section was inserted by Mah. 42 of 1976, s. 4.

5

These words were substituted for the words " the Mayor-in-Council " by Mah. 27 of 1999, s. 16(a).

6

These words were substituted for the words " Bombay Electric Supply and Transport Undertaking " by Mah. 25 of 1996, s. 2. Sch.

7

These words were substituted for the words " by the Member in-charge of the Brihan Mumbai Electric Supply Transport Undertaking " by Mah. 27 of 1999, s. 16 (b).

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 75

(d) be removable at any time from office for misconduct, or for neglect of or incapacity for the duties of his office, by the ¹[Brihan Mumbai Electric Supply and Transport Committee].]

2 * * * * * *

CHAPTER III

DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES.

Obligatory and Discretionary Duties of the Corporation.

61. It shall be incumbent on the corporation to make adequate provision, by any

Matters to be means or measures which it is lawfully competent to them to use or to take, for each of

provided for bythe the following matters, namely :—

corporation.

(a) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, urinals and similar conveniences ;

3 [(aa) planning for economic and social development ;

(ab) urban forestry, protection of environment and promotion of ecological aspects ; ]

(b) the construction and maintenance of work and means for providing a supply of water for public and private purposes ;

(c) scavenging and the removal and disposal of excrementitious and other filthy matters, and of all ashes, refuse and rubbish ;

(d) the reclamation of unhealth localities, the removal of noxious vegetation and generally the abatement of all nuisances ;

(e) the regulation of places for the disposal of the dead and the provision of new places for the said purposes ;

(f) the registration of births and deaths ; 4 [(ff) public vaccination in accordance with the provisions of the Bombay Vaccination l of 1877. Act, 1877 ;]

(g) measures for preventing and checking the spread of dangerous diseases ;

4

[(gg) establishing and maintaining public hospitals and dispensaries and carrying out other measures necessary for public medical relief ;]

(h) the construction and maintenance of public markets and slaughter-houses and the regulation of all markets and slaughter-houses ;

4

L-1 H 4094

76 Mumbai Municipal Corporation Act [1888 : Bom. III

(j) the regulation of offensive and dangerous trades ;

(k) the entertainment of a fire-brigade and the protection of life and property in the case of fire ;

(l) the securing or removal of dangerous buildings and places ;

(m) the construction, maintenance, alteration and improvement of public streets, bridges, culverts, causeways and the like ¹[and also other measures for ensuing the safe and orderly passage of vehicular and pedestries traffic on streets] ;

(n) the lighting, watering and cleansing of public streets ;

(o) the removal of obstructions and projections in or upon streets, bridges and other public places ;

(p) the naming of streets and the numbering of premises ;

(q) maintaining, aiding and suitably accommodating schools for primary education ²[subject always to the grant of building grants by ³[the ⁴[State] Government] in accordance with the Government Grant-in-aid Code for the time being in force] ;

(r) the maintenance of a municipal office and of all public monuments and other property vesting in the corporation ;

5 [(s) the obligations imposed by the City of Bombay Municipal

Bom. (Amendment) Act, 1933, upon the corporation arising out of the transfer to

XIII of1933. the corporation of the powers, duties, assets and liabilities of the Board of ^Bom. XVI of

Trustees for the Improvement of the City of Bombay constituted under 1925. the City of Bombay Improvement Trust Transfer Act, 1925;

6

(t) the improvement of [Brihan Mumbai]. Corporation to ⁷[62. (1) The corporation shall also provide and pay to

8 9 provide a [the [State] monthly sum

Government] on the first day of every month a sum of thirty-four thousand to ⁹[State]

Government five hundred and forty-one rupees ten annas and eight pies, and in for maintaining

consideration of such monthly payments ⁸[the ⁹[State] Government] shall certain medical

institutions in continue to control and maintain the institutions specified in Schedule U. 10 [Mumbai].

(2) Notwithstanding anything contained in clause (gg) of section 61, the corporation shall by such monthly payments be deemed to have made adequate provision for the maintenance of the said institutions and shall not be liable for any further expenditure in connection therewith.

1

This portion was added by Mah. 11 of 2002, s. 4.

2

These words were added by Bom. 3 of 1907, s. 9(2).

3

The words " the Provincial Government" were substituted for the word " Govern-ment" by the Adaptation of Indian Laws Order in Council.

4

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

5

New clauses (s) and (t) were inserted by Bom. 13 of 1933, s. 10.

6

These words were substituted for the words " Greater Bombay " by Mah. 25 of 1996, s. 2, Schedule.

7

Sections 62 to 62D were substituted for s. 62 by Bom. 3 of 1907, s. 10.

8

The words " the Provincial Government" were substituted for the word " Government" by the Adaptation of Indian Laws Order in Council.

9

This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950. This word was substituted for the word " Bombay " by Mah. 25 of 1996, s. 4(2).

10

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 77 1 [62A. In public hospitals and dispensaries established and maintained,

Fees to be charged by the and in connection with other measures carried out, under clause (gg) of section

coporation in

6 1 such fees, if any may be charged as may be prescribed by the corporation.

public hospitalsand dispensaries.

2 [62B. If there should be at any time a change in the general policy of

Extent of 3 4 benefit to [the [State] Government] in regard to their liability in respect of primary corporation by education, the corporation shall be entitled to benefit by such change in policy

change in policy of to the same extent as a city municipality.] ⁴[State] Government in

regard to their

liability, in

respect of

primary

education.

5 [62BB. The State Government shall have power to give to the corporation

Directions by all such directions as it considers necessary in respect of subjects, curricula,

StateGovernment text books and standards of teaching in primary schools vesting wholly or

regarding subjects etc., in partly in the corporation and in schools wholly or partly maintained by grants schools. payable, from municipal fund and the corporation shall comply with such directions.]

1 [62C. (1) All primary schools vesting wholly or partly in the corporation Primary and all schools wholly or partly maintained by grants payable from the

schools andschools municipal fund shall at all times be open to all officers appointed by ³[the

maintained by 4 grants to be [State] Government] for the inspection of schools, and all resonable facilities open to officers shall be given to any such officer for visiting any such school for the purpose

appointed by4 [State] of inspection or examination.

Government for inspection.

(2) Every recommendation made regarding any such school by any such officer shall be duly considered by the ⁶[corporation] and the ⁶[corporation] may there upon take such action as may in their opinion be required and shall, if so requested by the ⁷[Director of Education], in any particular case, inform him of their decision and the action, if any taken.

1

Sections 62A and 62C came into force on the 1st March 1909, see B.G.G., 1909, pt. I, p. 229.

2

This section was substitued for the original section 62B by Bom. 15 of 1920, s. 20.

3

The words " the Provincial Government" were substituted for the word " Government" by the Adaptation of Indian Laws Order in Council.

4

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

5

Section 62BB was inserted by Bom. 48 of 1950, s. 30.

6

This word was substituted for the words " school-committee " , by Bom. 48 of 1950, s. 31.

7

These words were substituted for the words " Director of Public Instruction for the Presidency of Bombay " by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956. H 4094—15

L-1 H 4094

78 Mumbai Municipal Corporation Act [1888 : Bom. III

(3) In all matters connected with grants for the aid of primary schools other than municipal schools the ¹[corporation] shall administer aid to schools complying with the necessary conditions in accordance with the provisions of the Government Garnt-in-aid Code, subject to such modifications, if any, as may, from time to time be made in the

2 3

said Code by the Corporation with the previous sanction of [the [State] Government]. Corporation to ⁴[62D. The Corporation shall provide and pay the Trustees of the Prince of Wales provide annual

sum for the Museum of Western India at the commencement of each official year a sum of fifty Prince of Wales

Museum of thousand rupees, for the purposes of the said Museum.]

Western India.

2

Corporation to ⁵[62E. ⁶[(1) The corporation shall make payments at such rates per head as [the ³ provide for

maintenance of [State] Government] from time to time by general or special order, prescribed, for the lunatics.

maintenance and treatment either in the city or at any asylum, hospital or house,

2

whether within or without the city which [the ³[State] Government] declares by notification to be suitable for such purpose, of pauper lunatics not being persons for whose confinement an order under Chapter XXXIV of the *Code of Criminal Procedure, Vof 1898. 1898, is in force, 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 in any such asylum, hospital or house as aforesaid, unless such lunatic, previous to his admission thereto, has been resident in the city for at least one year :

7 [Provided also that where an application is made to the High Court under the provisions of section 88 of the Indian Lunacy Act, 1912, no order for the payment of the cost of

IV of

1912.

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] :

1

This word was substituted for the words " school committee " , by Bom. 48 of 1950. s. 31.

2

The words " the Provincial Government " were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

3

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

4

This section was substituted for the original by Bom. 48 of 1950, s. 32.

5

The new section 62E was inserted by Bom. 1 of 1905, s. 16.

6

This section was renumbered as sub-section (1) of that section by Bom. 76 of 1948, s. 4(1).

7

This proviso was inserted, by Bom. 76 of 1948. *

See now the Code of Criminal Procedure, 1973 (2 of 1974).

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 79 Provided further that the rates prescribed by ¹[the ²[State] Government] under this section shall not exceed half the total cost of maintenance and treatment incurred per head on account of the lunatics for whose maintenace and treatment the corporation shall be liable under this section. 3 [(2) The officer-in-charge of an asylum, hospital or house to which lunatics for whose maintenance and treatment the corporation are 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 asylum, hospital or, house and shall furnish a copy thereof to the corporation.]

63. The corporation may, in their descretion, provide from time to time,

Matters which either wholly or partly, for all or any of the following matters, namely :—

may beprovided for by the corporation 4 [(a) slum improvement and upgradation ;

at theirdiscretion. (aa) urban poverty alleviation ;] 5 [(b) the furtherance of educational objects other than those mentioned in clause (q) of section 61 ;

(c) the establishment, aiding or maintaining libraries, museums, art- galleries, botanical or zoological collections ;

(d) the laying out or the maintenance of public parks, gardens or recreation grounds ;

(e) the planting and care of trees on roadsides and elsewhere] ;

(f) surveys of building or lands ;

(g) registration of marriages ; 6 [(h) the taking of a census of the population] ;

(j) preparation and presentation of addresses to persons of distinction; 7 [(jj) providing music in public places or places of public resort; (jja) the construction, purchase, organisation, maintenance, extension and management of tramways, trackless trams, or mechanically propelled transport facilities for the conveyance of the public ; (jjb) the purchase, maintenance, management and conduct of any undertaking for the supply of electric energy or gas to the public or the subsiding of any such undertaking;

118

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80 Mumbai Municipal Corporation Act [1888 : Bom. III

(jjc) the acquistion of immovable or movable property for any of the purposes beforementioned, including payment of the cost of investigations, surveys or examinations in relation thereto, or the construction or adaptation of buildings necessary for such purposes] ; 1 [(jjd) 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 providing any services in Greater Bombay which are directly or indirectly, 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;] 2 [(jje) welfare measures for the Scheduled Castes, Scheduled Tribes, Vimukata Jatis and Nomadic Tribes and Nav-Budhas who are residing within the limits of the Corporation area, and in particular taking such measures for the amelioration of the conditions of these classes at the State Government may, from time to time, direct;]

(k) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction; 3 [(l) making any contribution towards any public reception, ceremony or entertainment:

Provided that, the total expenditure on account of such contributions during any official year shall not exceed one lakh of rupees or such higher amount as the State Government may, from time to time, by notification published in the Official Gazette, specify in this behalf;] 4 [(m) subject to such terms and conditions, including provisions with regard to the control and supervision as the Corporation may deem fit to impose or make, making any contribution to a public trust registered under the *Bombay Public Trusts Act, 1950 for establishing or running a hospital ^Bom. to provide medical facilities to the employees of the ⁵[Brihan Mumbai

XXIX of1950. Electric Supply and Transport Undertaking] and the members of the families.]

Performance of ⁶[63A. Where any duty has been imposed on, or any function has been functions by

agencies. assigned to the Corporation under this Act or any other law for the time being in force, or the Corporation has been entrusted with the implementation of a scheme, the Corporation may—

(a) either discharge such duties or perform such functions or implement such scheme by itself; or

1

Clause (jjd) was inserted by Mah. 42 of 1976, s. 5.

2

Clause (jje) was inserted by Mah. 21 of 1989, s. 11(a).

3

This portion was substituted for the portion beginning with the words "And with the previous sanction

" and ending with the words " Greater Bombay " by Mah. 42 of 1977, s. 4.

4

Clause (m) was added by Mah. 21 of 1979, s. 11(b).

L-1 H 4094 1888 : Bom. III] Mumbai Municipal Corporation Act 81

(b) subject to such directions as may be issued and the terms and conditions as may be determined by the State Government, cause them 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 arrangements.

63B. The ¹[Commissioner] shall, before the 31st day of July every year,

Environment place before the Corporation a report on the status of environment within

Status Report. Greater Bombay in respect of the last preceding financial year, covering such matters and in such manner as may be specified by the State Government, from time to time.]

Respective Functions of the several Municipal Authorities 2 [64. (1) The respective functions of the several municipal authorities and

Functions of of any Committee appointed under sections 39, 40, 41, 49A or 50 shall be such

the severalmunicipal as are specifically prescribed in or under this Act.

authorities.

(2) Except as in this Act otherwise expressly provided, the municipal Government of Brihan Mumbai vests in the Corporation. (2A) On the occurrence of any accident or unforseen event, or on the threatened occurrence of any disaster, involving or likely to involve extensive damage to any property of the Corporation or danger to human or animal life, the Mayor and the Commissioner with the approval of the Mayor shall take such immediate action, as the emergency shall appear to them to justify and require, reporting forthwith to the Standing Committee or the Corporation, when they have done so, the action they have taken and their reasons for taking the same and the cost, if any, incurred or likely to be incurred in consequence of such action which is not covered by a current budget grant:

Provided that, in the absence of either the Mayor or the Commissioner, any one who is present shall take such immediate decision and action.

(3) Subject, whenever it is in this Act expressly so directed, to the approval or sanction of the Corporation or the Standing Committee or the Improvements Committee, or the Education 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 this Act vests in the Commissioner, who shall also—-

(a) perform all the duties and exercise all the powers specifically imposed are conferred upon him by this Act;

(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 officers and servants immediately subordinate to him and subject to regulations at the time being in force under section 81 dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;

2

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Mumbai Municipal Corporation Act [1888 : Bom. III

(c) perform the duties and exercise the powers imposed or conferred upon the General Manager by this Act in his absence or on failure by him to perform or exercise the same ;

(d) give such directives to the General Manager, in the performance of his duties and exercise of his powers, as the Commissioner may, from time to time, consider necessary. Where any such directives are given, the General Manager shall be bound to carry them out within the period specified on such directives or within such extended period as the Commissioner may, suo motu at the request of the General Manager, permit, so, however, that, the extended period shall not exceed three months in the aggregate. Where the General Manager fails to carry out the directives even within the extended period, the Commissioner shall be entitled to act under clause (c) above, as if there has been a failure by the General Manager to perform his duties or exercise his powers :

Provided that, the Brihan Mumbai Electric Supply and Transport Committee may, by a resolution passed by a majority of not less than three- fourths of the total number of its members restrain the General Manager from carrying out any such directive or directives received by him from the Commissioner ; and in case of such a restraint, the General Manager shall not be deemed to have failed in carrying out any such directive ;

(e) be responsible for implementing the decision of the Corporation, the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee and the Education Committee :

Provided that, the Corporation, the Standing Committee or any other Committee, as the case may be, shall obtain and take into consideration the remarks of the Commissioner, before making any resolution :

Provided further that, if the Commissioner is of the opinion that the resolution passed or decision taken by the Corporation or any of the Committee is against the provisions of any law, for the time being in force or may lead to wastage of municipal fund or seeks to divert the funds allocated for any of the obligatory duties of the Corporation to some other purpose or is against the policy of the State Government, he may, before implementing the decision, seek the direction from the State Government shall, within forty-five days from the date of receipt of such reference made by the Commissioner, issue direction to the Commissioner whether such decision should be implemented or not and the direction issued by the State Government shall be binding on the Corporation, or the concerned Committee, as the case may be.

1 [(3A) Where, any proposal of the Commissioner requires sanction or approval of any committee under the provisions of this Act, the committee

1

Sub-section (3A) was inserted by Mah. 32 of 2011, s.8.

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act ⁸³ shall consider and dispose of any such proposal within forty-five days reckoned from the date of the meeting of the committee held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by such committee and a report to that effect shall be made by the Commissioner to the corporation :

Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.]

(4) Subject whenever expressly so directed in this Act to the approval of the Corporation or the Brihan Mumbai Electric Supply and 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 XVIA of this Act, vests in the General 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 Brihan Mumbai Electric Supply and Transport Undertaking as may be required of him by the Brihan Mumbai Electric Supply and 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 XVIA and subject to the regulations for the time being in force under section 460V, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances ;

(c) on the occurrence or threatened occurrence of any sudden accident for unforeseen event involving or likely to involve extensive damage to any property of the corporation pertaining to the Brihan Mumbai Electric Supply and Transport Undertaking or danger to human life arising from or in connection with any part of that undertaking, take such immediate action as the emergency shall appear to him to justify or require, reporting forthwith to the Brihan Mumbai Electric Supply and Transport Committee, when he has done so, the 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 within the meaning of that expression as defined in section 130. ] 1 [ Prevention of delay in discharge of official duties

64A. (1) The Commissioner shall prepare and publish Citizens' Charter,

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

This heading and sections 64A, 64B, 64C and 64D were inserted by Mah. 29 of 2011, s.2.

1

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Mumbai Municipal Corporation Act [1888 : Bom. III

services to the general public, within a period of six months from the date of commencement of the Maharashtra Municipal Corporations and Municipal Mah. Councils (Second Amendment) Act, 2010. ^XXIX

of 2011.

(2) If no final decision is taken within the period specified in the Citizens' Charter by the concerned authorities, the responsibility for inaction shall be fixed on them and an action mentioned in the relevant Act, rules or regulations shall be taken against them.

Delegation of

64B. (1) The Commissioner shall publish the list of powers 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.

(3) Lists or powers delegated to the subordinate officers and the levels of submission shall be prepared and published within one year from the date of commencemet of the Maharashtra Municipal Corporations and Municipal ^Mah. Councils (Second Amendment) Act, 2010 and shall be updated on the 1st

XXIXof 2011. April of every succeeding year. Disciplinary

64C. (1) Every Municipal Officer and servant shall be bound to discharge action.

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 urgant files shall be disposed of by any Municipal Officer or servant as per the urgency of the matter, as expeditiously as possible, 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 file 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 approriate 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

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act ⁸⁵ 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.

64D. Nothing in section 64C shall apply to,— Non-application

(i) sub-judice matters ;

of provisions ofsection 64C in

(ii) cases referred to Lokayukta or Upa-Lokayukta and other

certaincircumstances. Constitutional 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.] 1 [65. The Corporation may at any time call for extracts from any Corporation proceedings of any Committee constituted under this Act, and for any return,

may call for extracts from statement, account or report concerning or connected with any matter with proceedings which any such Committee is empowered by or under this Act to deal; and

etc. from committees. every such requisition shall be complied with by the Committee without unreasonable delay.]

66. (1) The corporation may at any time require the ²[Commissioner]— Corporation may require

(a) to produce any record, correspondence, plan or other document which the is in his possession or under his control as ²[Commissioner], or which is ²[Commissioner] to produce

recorded or filed in his office or in the office of any municipal officer or documents and servant subordinate to him ;

furnish returns,

(b) to furnish any return, plan, estimate, statement, account or statistics

reports, etc. concerning or connected with any matter appertaining to the administration of this Act or the municipal government of ³[Brihan Mumbai]⁴[except in regard to ⁵[the Brihan Mumbai Electric Supply and Transport Undertaking] ; ]

(c) to furnish a report by himself or to obtain from any head of a department 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 ³[Brihan Mumbai] ⁴[except in regard to the ⁵[Brihan Mumbai Electric Supply and Transport Undertaking] ].

(2) ⁶[Except as is hereinafter provided, every] such requisition shall be complied with by the ²[Commissioner] without unreasonable delay; and it

1

Section 65 was substituted for the original by Mah. 10 of 1998, s. 25.

2

This word was substituted for the word " Mayor " by Mah. 27 of 1999, s. 19 (a).

3

This word was substituted for the word " Greater Bombay " by Mah. 25 of 1996, s. 2, Schedule.

4

These words were added by Bom. 48 of 1948, s. 9.

5

These words were substituted for the words " Bombay Electric Supply and Transport Undertaking " by Mah. 25 of 1996, s. 2, Schedule.

6

These words were substituted for the word " Every " by Mah. 27 of 1999, s. 19 (b). H 4094—16

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86

Mumbai Municipal Corporation Act [1888 : Bom. III

shall be incumbent on every municipal officer and servant to obey any order made by the Commissioner in pursuance of any such requisition.

(3) Provided that if, on such requisition as aforesaid being made, the

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act ⁸⁷ 1 [(4) The heads of departments subordinate to the

2 [Commissioner] are the City Engineer, the Hydraulic Engineer, the Executive Health Officer, the Assessor and Collector, the Chief Accountant and the Education Officer.] 3 [(5) In their application to matters relating to the

4 [Brihan Mumbai Electric Supply and Transport Undertaking] the provisions of sub-sections (1), (2) and (3) shall have effect as if for the word ⁴

[Commissioner] the words

" General Manager " and for the words " Standing Committee " the words "

5 [Brihan Mumbai Electric Supply and Transport Committee] " had been substituted.]

6 [66A. (1) Subject to any regulations made in this behalf under section 36,

Right to ask a councillor may question the ⁷

[Commissioner] who shall answer any question

questions. concerning or connected with the administration of this Act or the Municipal Government of ⁷[Brihan Mumbai] :

Provided that—

(a) not less than seven clear days' notice in writing specifying the question has been given to the Municipal Secretary ;

(b) no question shall be asked—

(i) which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical propositions ; or

(ii) which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of ⁸[the territory of India]; or

(iii) which relates to the character or conduct of any Municipal Officer or servant except in his official or public capacity ; or

(iv) which is or by implication may be, defamatory of or which makes or implies a charge of a personal character against any person or section of any community ; or

(v) which contravenes any regulation made by the Corporation in this behalf under section 36.

(2) The ⁸[Mayor] shall disallow any question which is, in his opinion, in contravention to the provisions of sub-section (1).

1

This sub-section was substituted for the original by Bom. 48 of 1950, s. 34.

2

This sub-section was added by Bom. 48 of 1948, s. 9.

3

These words were substituted for the words " Bombay Electric Supply and Transport Undertaking "

by Mah. 25 of 1996, s. 2. Schedule.

4

These words were substituted for the words " Bombay Electric Supply and Transport Committee"

ibid.

5

Section 66A was inserted by Bom. 23 of 1930, s. 3.

6

These words were substituted for the words " Greater Bombay " by Mah. 25 of 1996. s. 2, Schedule.

7

These words were substituted for the words " His Majesty's possession " by the Adaptation of Laws Order, 1950.

8

This word was substituted for the words " Mayor or any member of the Mayor-in-Council " by Mah. 27 of 1999, s. 20(a).

H 4094—16a

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88

Mumbai Municipal Corporation Act [1888 : Bom. III

(3) If any doubt arises whether any question is or is not within the restrictions imposed by sub-section (1), the ¹[Mayor] shall decide the point and his decision shall be final.

(4) The ²[Mayor] shall not be bound to answer a question if in his opinion it cannot be answered without detriment to the interests of the Corporation or if, it asks for information which has been communicated to him in confidence.]

3 [(5) The General Manager shall without unreasonable delay furnish the 4 [Commissioner] with such information relating to the

5 [Brihan Mumbai Electric Supply and Transport Undertaking] as he may require for the purpose of answering any question under this section.]

Discussion on ⁶[66B. (1) Any Councillor may give notice of raising discussion on a matter urgent public

of urgent public importance to the Municipal Secretary specifying the matter matters.

to be raised.

(2) Such notice supported by the signatures of at least two other elected Councillors shall reach the Secretary at least seventy-two hours before the date on which such discussion is sought and the Secretary shall place before the ⁷[Mayor in his absence, the Deputy Mayor] authorised by him and circulate the same among the Councillors in such manner, as he may think fit.

(3) There shall be no formal resolution or voting. Asking for

66C. (1) Any Councillor may ask for statement to be made by the statement 8

from [Commissioner] on an urgent matter relating to the administration of the 8 [Commissioner] Corporation by giving a notice to

9 [the Commissioner] at least one hour before the commencement of the sitting on any day.

(2) The Mayor ¹⁰* * may either make a brief statement on the same day or fix a date for the same.

(3) Not more than two such matters shall be raised at the same sitting and in the event of more than two matters being raised, priority shall be given to the matters which are, in the opinion of the ¹¹[Mayor] more urgent and important.

(4) There shall be no debate on such statement at the time it is made.] Exercise of

67. The exercise by any municipal authority of any power conferred or the power to be

subject to performance of any duty imposed by or under this Act, which will involve sanction by expenditure shall, except in any case specified in sub-section (2) of section Corporation of

115 ¹²[or of section 460DD] be subject to the following provisos, namely :— the necessary

expenditure. (a) that such expenditure, so far as it is to be incurred in the official year in which such power is exercised or duty performed shall be provided for under a current budget grant, within the meaning of that expression as defined in section 130 ¹³* *

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1888 : Bom. III] Mumbai Municipal Corporation Act ⁸⁹

(b) that, 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, liability for such expenditure shall not be incurred without the sanction of the corporation ; 1 [(c) that, where the sanction to the Corporation is sought by the General Manager for any contract for the purposes of Chapter XVIA, the Corporation shall consider and dispose of such proposal within thirty days from the date on which the item is first included in the agenda of any meeting of the Corporation, failing which the sanction shall be deemed to have been given by the Corporation for such contract on the last day of the period of thirty days aforesaid. A report to that effect shall be made by the General Manager to the Corporation.]

2 [68. Any of the powers, duties and functions conferred upon, assigned Delegation of to or vested in the Corporation, the ³[Mayor,] Commissioner or the General

powers ofMunicipal Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or

Authorities. under this Act, may be exercised, performed or discharged by any municipal officer to whom such power, duties or functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf.]

68A⁴* * * * * * * * 5 [68AA. (1) Notwithstanding anything contained in section 68 or any

Government officers may be other provisions of this Act, the State Government may, after consultation empowered to with the Commissioner, by order published in the Official Gazette, empower

exercise certain powers, etc., any Government officer, who is holding or has held an office, which in its of the opinion is not lower in rank than that of Additional Collector, either by name

Commissioner. or by virtue of office, also to exercise, perform and discharge the powers, duties and functions conferred or imposed upon and vested in the Commissioner by sections 314, 351 and 352A.

(2) The Government officer empowered under sub-section (1) may by order in writing direct that the powers, duties and functions conferred or imposed upon and vested in him by the State Government may also be exercised, performed and discharged, by such officer or officers subordinate to him, who are holding or have held an office which is not lower in rank than that of Deputy Collector, as may be authorised by him either by name or by virtue of office.

1

Clause (c) was added by Mah. 42 of 1976, s. 6(b).

2

Section 68 was substituted by Mah. 10 of 1998, s. 29.

3

This word was substituted for the words "Mayor-in-Council, the Mayor, Member-in-charge" by Mah. 27 of 1999, s. 23.

4

Sections 68A and 68B were deleted by Mah. 10 of 1998, s. 30 and 31.

Section 68AA was inserted by Mah. 71 of 1981, s. 2.

5

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(3) When any Government officer is empowered under sub-section (1) or is authorised under sub-section (2), in each of sections 314, 351 and 352A, the word " Commissioner " shall be deemed to include any such officer.]

68B. ¹

* * * * * * * * Contracts

Power to the

69. With respect to the making of contracts under or for any purpose of Commissioner

to execute this Act, the following provisions shall have effect, namely :— contracts on

behalf of the

(a) every such contract shall be made on behalf of the Corporation by corporation.

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 of all been duly given ;

2 [(c) no contract, other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, which involves an expenditure exceeding rupees ³[fifty lakhs but not exceeding rupees seventy-five lakhs], shall be made by the Commissioner, unless the same is previously approved by the Mayor. For contracts involving expenditure in ⁴[excess of seventy-five lakh rupees], approval of the Standing Committee shall be necessary :

5 [Provided that, every contract made by the Commissioner involving an expenditure exceeding five lakh rupees and not exceedingseventy-five lakh rupees shall be reported by him within fifteendays after the same has been made to the Standing Committee :]

6 [Provided further that], the total amount of all sanctions granted by the Mayor shall not exceed ⁷[seven crore fifty lakh rupees] during a year :

1

Sections 68A and 68B were deleted by Mah. 10 of 1998, s. 30 and 31.

2

Clause (c) was substituted by Mah. 11 of 2002, s.5.

3

These words were substituted for the words "ten lakhs but not exceeding rupees fifteen lakhs" by Mah. 32 of 2011, s. 9 (a).

4

These words were substituted for the words "excess of fifteen lakh rupees " by Mah. 32 of 2011, s. 9 (b).

5

This proviso was inserted by Mah. 32 of 2011, s. 9 (c).

6

These words were substituted for the words " provided that " by Mah. 32 of 2011, s. 9 (d)(i).

These words were substituted for the words " one crore rupees " by Mah. 32 of 2011, s. 9(d)(ii).

7

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1888 : Bom. III] Mumbai Municipal Corporation Act ⁹¹ 1 [Provided also that, notwithstanding anything contained in section 64,] the Standing Committee shall consider and dispose of the proposals made by the Commissioner within thirty days from the receipt thereof failing which the previous approval to such contract shall be deemed to have been given by the Standing Committee and a report thereof shall be made by the Commissioner to the Corporation.]

2 [Explanation.—For the purposes of this clause, the period of " thirty days from the receipt " shall be reckoned from the date of the meeting of the Standing Committee held immediately after the proposal is received in the office of the Municipal Secretary whether the item pertaining to such proposal is taken on the agenda or not.]

3 [****************************]

(e) the foregoing provisions of this section ⁴[shall, as far as may be,] apply to every contract which the Commissioner shall have occassion to make in the execution of this Act ; and the same provisions of this section which apply to an original contact shall be deemed to apply also to any variation or discharge of such contract.

70. (1) Every contract entered into by the Commissioner on behalf of

Mode of the corporation shall be entered into in such manner and in form as would

excecutingcontracts. bind the Commissioner if such contracts were on his own behalf, and may in the like manner and form be varied or discharged :

Provided that—

(a) where any such contract, if entered into by the Commissioner, would require to be under seal, the same shall be sealed with the common seal of the corporation ; and

(b) every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding 5 [fifty thousand rupees] shall be in writing and shall be sealed with the common seal of the corporation ⁶[in the manner prescribed in sub-section (2)] and shall specify the work to be done or the materials or goods to be supplied, as the case may be, the price to be paid for such work, materials or goods, and in the case of a contract for work, the time or times within which the same or specified portions thereof shall be completed. 7 [(1A) Notwithstanding anything contained in the proviso (b) to sub-section (1) it shall be lawful for the Commissioner in case of contracts relating to the execution of any work or the supply of any materials or goods to dispense, by an order in writing, with the execution of a written

1

These words and figures were substituted for the words " Provided further that "

by Mah. 32 of 2011, s. 9 (e)(i).

2

This Explanation was added, by Mah. 32 of 2011, s. 9 (e) (ii).

3

Clasue (d) was deleted by Mah. 37 of 1981, s. 4(b).

4

These words were substituted by Bom. 13 of 1933, s. 12 (b).

5

These words were substituted for the words " ten thousand rupees " by Mah. 10 of 1998, s. 33(a).

6

These words, figure and brackets were inserted by Bom. 10 of 1935, s. 2(1).

Sub-section (1A) was inserted by Bom. 12 of`1936, s. 4.

7

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instrument if such work has already been performed or the materials or goods have already been supplied to his satisfaction.] 1 [(2) The common seal of the corporation which shall remain in the custody of the Municipal Secretary, shall be affixed in the presence of ²[any two persons from amongst any two members of the Standing Committee, Municipal Secretary and any officer, not below the rank of Deputy Municipal Commissioner, as may be authorised by the Commissioner] to every contract or other instrument ³[other than contract relating to the acquisition of immovable property or interest therein or a right thereto, require to be under seal] and such contract or instrument shall be signed by ⁴[the said two persons] in token that the same was sealed in ⁵[their] presence. ⁶[The signature of ⁷[the said two persons] shall be distinct from the signatures of any witnesses to the execution of any such contract or insturment :] 8 [Provided that, in the case of any contract entered into for the purposes of clause (q) of section 61, the seal shall be so affixed in the presence of, and the contract shall be signed by, two members of the Education Committee ⁹*************.]

Contract not

71. No contract ¹⁰[of the nature specified in sub-section (2), of the last binding on

the preceding section] not executed as in the ¹¹[said] section provided shall be corporation

binding on the corporation. unless

executed as

prescribed in

section 70.

Tenders to be

72. (1) Except as is hereinafter otherwise provided, the Commissioner shall, invited for

contracts at least seven days before entering into any contract for the execution of any involving

work or the supply of any materials or goods which will involve an expenditure expenditure 12

exceeding exceeding [three lakhs rupees] give notice by advertisement in the local 14 [three lakhs

newspapers, inviting tenders for such contract. rupees].

13 [Provided that, the notice of any tender for contract not exceeding the amount of three lakh rupees shall be uploaded on the official website of the corporation.]

1

Sub-section (2) was substituted for the original sub-section by Bom. 13 of 1933, s. 13.

14

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1888 : Bom. III] Mumbai Municipal Corporation Act ⁹³

(2) The Commissioner shall not be bound to accept any tender which may be made in pursuance of such notice, but may accept, subject to the provisions of clause (c) of section 69, any of the tenders so made which appears to him, upon a view of all the circumstances, to be the most advantageous. 1 [(3) Provided that the standing committee or in the case of a contract to be entered into for the purposes of clause (q) of section 61, the Education Committee may authorize the Commissioner, for reasons which shall be recorded in their proceeding, to enter into a contract without inviting tenders as herein provided or without accepting any tender which he may receive after having invited them.]

2 [72A. Notwithstanding anything contained in this Act but subject to the Power to terms and conditions, as may be determined by the State Government, by

executecontracts with general or special orders, the Commissioner may enter into any contract for

unemployed Engineers. the execution of work, which involves expenditure not exceeding rupees five lakhs, with unemployed Engineers :

Provided that, the terms and conditions so determined by the State Government shall also include the conditions as to the qualification, experience and the provisions for registration of the unemployed Engineers :

Provided further that, the Corporation may also specify the terms and conditions, not inconsistent with the terms and conditions determined by the State Government for the execution of such contract.]

73. The Commissioner shall require sufficient security for the due

Security when to be performance of every contract in which he enters under the last preceding taken for section, and may, in his discretion, require security for the due performance

performanceof contract. of any other contract into which he enters under this Act. 3 [731A. Nothing in sections 69 to 73, both inclusive, shall apply to contract

Saving of made under Chapter XVI-A of this Act.]

contractsunder Chapter

XVI-A.

1

This sub-section was substituted by Mah. 27 of 1999, s. 26.

2

Section 72A was inserted by Mah. 11 of 2002, s.6.

3

This section was inserted by Bom. 48 of 1948, s. 13. H 4094—17

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Mumbai Municipal Corporation Act [1888 : Bom. III

CHAPTER IV

MUNICIPAL OFFICERS AND SERVANTS

1 [Special Engineer, City Engineer, Hydraulic Engineer, Executive Health Officer, Education Officer, Municipal Secretary, Municipal Chief Auditor and other Officers.]

Appointment ²[73A. (1) The Corporation may as soon as conveniently may be after the of Special

Engineer. coming into operation of the City of Bombay Municipal (Amendment) Act, Bom. 1947 appoint a Special Engineer to execute powers and perform duties in

IV of connection with all schemes for postwar reconstruction and general

1947.

development of the City including schemes for water supply and slum clearance. A person appointed as Special Engineer shall hold the post for 3 [such period not exceeding seven years as the Corporation may determine]. The Special Engineer shall also exercise and perform such powers, duties and functions under this Act as the Commissioner may from time to time direct.

(2) The Special Engineer shall receive such monthly salary and allowances as the corporation shall from time to time determine.

(3) The Special Engineer shall devote his whole time and attention to the duties of his office.

(4) The provisions of section 80B shall not apply to the appointment of the Special Engineer.

(5) The appointment of the Special Engineer shall be subject to confirmation by the ⁴[State] Government.

(6) During the continuance of the appointment of the Special Engineer---

(i) the operation of provisions of sections 74 and 75 in so far as they relate to the appointment of the City Engineer shall remain suspended ; and

(ii) any reference in this Act (other than this section and sections 74 and

75) to the " City Engineer " shall be deemed to be a reference to the "

Special Engineer ".]

Appointment

74. (1) The corporation shall appoint fit persons to be municipal ⁵[city of ⁵[city

enginner,] engineer],

6 *municipal executive health officer,

7 [and municipal hydraulic executive engineer]. health

officer and (2) Each of the said officers shall- hydraulic

(a) be appointed for a renewable term of five years :

engineer. 8 [Provided that if any of such officers is a municipal officer and due to retire under the regulations made and applicable to him under section 81 on a date earlier than the expiry of the period of five years from the date of his appointment or re-appointment, he may be appointed or re-appointed for a period of five years or a lesser period;

1

This heading was substituted for the heading " Special Engineer, City Engineer, Executive Health Officer and Hydraulic Engineer " by Bom. 48 of 1950, s. 39.

2

Section 73A was inserted by Bom. 4 of 1947. s. 3.

3

These words were substituted for the words " a period of five years " by Bom. 20 of 1952, s. 3. The amendment shall be deemed to have been made on and to have effect from the 21st day of March 1952 [vide s. 21(1) of Bom. 20 of 1952].

4

This word was substituted for the word " provincial " by the Adaption of Laws Order, 1950.

5

The words " city engineer " were substituted for the original words " Executive Engineer " by Bom. 19 of 1930, s. 6.

6

The word " and " was omitted by Bom. 2 of 1911, s. 2 (a).

7

These words were added, by Bom. 2 of 1911, s.2 (b).

This proviso was added by Bom. 76 of 1948, s. 6.

8

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1888 : Bom. III] Mumbai Municipal Corporation Act ⁹⁵

(b) devote his whole time and attention to the duties of his office ; 1 [ (c) receive such monthly salary as the corporation

2 [shall, from time to time, with the approval of the State Government, determine ; but the salary of any such officer shall not be altered to his disadvantage during his period of office ;]

3 * * * * * * *

(d) be removable at any time from office for misconduct or for neglect of, or incapacity for the duties of the office, on the votes of not less than two-thirds of the members present at a meeting of the corporation :

(3) Provided that—

(e) no person shall be appointed to be executive health officer who is not a legally qualified medical practitioner;

4 [ (ee) the executive health officer may accept for such period as may be sanctioned by the corporation any appointment, whether honorary or otherwise, which has for its object the promotion of public health, whether by means of education or otherwise, and which in the opinion of the corporation would not interfere with his duties as executive health officer; ]

(f) the corporation may, in their discretion, appoint a person probationary, for a limited period only, to ⁵[any] of the said offices, previ- ous to appointing him for the full term of five years ;

(g) every appointment made under this section shall be subject to con- firmation by ⁶[the ⁷[State] Government].

8 [(4) Any person appointed as City Engineer and Hydraulic Engineer shall be subordinate to the Director and shall perform their duties and exercise their powers, subject to the control and supervision of the Director.]

75. (1) On the occurance of a vacancy in the office of ⁹[city engineer] or of Time within executive health officer ¹⁰[or of hydraulic engineer] an appointment shall be

which made thereto by the corporation within four months from the date on which

vacancy inoffice of the vacancy occurred, or in the event of any appointment so made by them ⁹[city not being confirmed by ⁶[the ⁷[State] Government] within thirty days from

engineer] or executive the date of the receipt by the corporation of the order of ⁶[the ⁷[State] Gov- health ernment].

officer or hydraulic

(2) In default of an appointment being made by the corporation as afore- engineer said ⁶[the ⁷[State] Government] may appoint a person to fill the vacancy, and

must be such appointment shall for all purposes be deemed to have been made by the

filled up. corporation.

1

This clause was substituted for the original by Bom. 13 of 1938, s. 28,

2

This was substituted for the portion beginning with the words " shall subject to the following " and ending with the words, letters and figures " less than Rs. 1,200 " by Mah. 5 of 1970, s. 5, with effect from 1st April 1966.

3

Bom. 6 of 1943 by which the proviso was added to clause (c) of sub-section (2) of section 74 lapsed. The proviso, therefore, ceased to be in force with effect from 3rd April 1948 and has been deleted.

4

This clause was inserted by Bom. 6 of 1916, s. 3(3).

5

The word " any " was substituted for the word " either " by Bom. 2 of 1911, s.2(c).

6

The words " Provincial Government " were substituted for the words " Governor-in-Council " by the Adaptation of Indian Laws Order in Council.

7

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

8

Sub-section (4) was added by Mah. 53 of 1981, s. 14.

9

The words " city engineer " were substituted for the words " executive engineer " by Bom. 19 of 1930, s.6.

10

These words were inserted by Bom. 2 of 1911, s. 3. H 4094—17a

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(3) Pending the settlement of an appointment under sub-section (1) or (2) the corporation may appoint a person to fill the vacancy temporarily and may direct that the person so appointed shall receive such monthly salary not exceeding ¹[the maximum permissible under clause (c) of sub-section (2) of section 74, in respect of the officer in whose place such person is appointed] as it shall think fit. A person so appointed to be temporary executive health officer need not be a legally qualified medical practitioner. Executive

76. The executive health officer appointed under this Act shall be the health officer to

be the consult- consulting officer of health for the purposes of Bombay Act VI of 1867 (an Act ing officer of

for the better sanitary regulation of the City of Bombay). health under

Bombay Act VI

of 1867.

2 [Education Officer.

Appointment 76A. The corporation shall from time to time appoint a fit person to be of Education

the Municipal Education Officer, who shall— officer.

(a) be subordinate to the Commissioner and subject to his orders shall exercise such of the Commissioner's powers and perform such of the Commissioner's duties in regard to primary ³[and secondary] education, as the Commissioner may from time to time assign to him;

(b) receive such monthly salary ⁴[as the Corporation shall, from time to time, with the approval of the State Government, determine ; but the sal- ary of such officer shall not be altered to his disadvantage during his pe- riod of office] ;

(c) be removable at any time from office by the Corporation for miscon- duct or for neglect of or incapacity for duties of the office.] 5 [Appointment of medical officers in connection with measures of public medical relief.

Corporation to

appoint qualified 76B. The corporation shall from time to time appoint such legally quali- medical fied medical practitioners as may be necessary to the charge of any hospital practitioners to

maintained by the corporation in connection with measures of public medi- the charge of

hospitals cal relief carried out under clause (gg) of section 61 and determine their maintained by salaries.]

the corporation.

Municipal Secretary.

Appointment of

municipal 77. (1) The

6 [corporation] shall from time to time appoint a fit person to be secretary. municipal secretary.

(2) The municipal secretary shall be secretary of the corporation and also of ⁷[the Standing Committee and the Improvements Committee] and shall—

(a) perform such duties as he is directed by this Act to perform and such other duties in and with regard to the corporation and ⁸[the Standing Com- mittee and the Improvements Committee] as shall be required by him by those bodies respectively ;

1

These words were substituted for the original words by Bom. 2 of 1900, s. 1.

2

This heading and section 76A were substituted for the original by Bom. 48 of 1950, s. 41.

3

These words were inserted by Mah. 21 of 1989, s. 14.

4

This was substituted for the portion beginning with the words " not exceeding " and ending with the words " time to time determine " by Mah. 5 of 1970, s. 6, with effect from 1st April 1966.

5

This heading and section 76B were inserted by Bom. 3 of 1907, s. 13(1).

6

The word " corporation " was substituted for the original words " standing committee " by Bom. 6 of 1922, s. 24(a).

7

These words were substituted for the words " the Municipal Accounts Committee " by Mah. 27 of 1999, s. 27(a).

These words were substituted, by Mah. 27 of 1999, s. 27(b).

8

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1888 : Bom. III] Mumbai Municipal Corporation Act ⁹⁷

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

(i) the corporation and any committee appointed by the corporation 1 [under section 38

2 [or 38A] ;] 3 [(ii) the Standing Committee and any sub-Committee thereof;]

(iii) the Improvements Committee and any sub-Committee thereof;

(iv) the Education Committee and any sub-Committee thereof; 4 [(v) the Wards Committees ;]

(c) devote his whole time and attention to the duties of his office ; 5 [(d) receive such monthly salary

6 [as the Corporation shall, from time to time, with the approval of the State Government, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office] ;]

(e) be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of the office by the ⁷* * * corporation.

78. (1) ⁸[The Standing Committee in consultation with the Mayor and the Commissioner,] may from time to time --

(a) appoint such clerks and servants to be immediately subordinate to the municipal secretary as they think fit;

(b) determine the nature and amount of the salaries, fees and allowances to be paid to the said servants and clerks respectively ;

(c) prescribe or delegate to the municipal secretary the power of

Appointment prescribing the duties of the said clerks and servants.

of clerks andservants subordinate to

the municipal

secretary.

(2) The municipal secretary, subject to the orders ⁹[of the Standing

Control, etc. of Committee] shall exercise supervision and control over the acts and

the said clerk and servant. proceedings of the said clerks and servants, ¹⁰[and the Standing Committee,] subject to the regulations at the time being in force under section 81, shall dispose of all questions relating to the service of the said clerks and servants and their pay, privileges and allowances.

11 [Municipal Chief Auditor

Mah. XII

78A. (1) ¹²[On and from the 10th March 2011 being the date of

Appoint- of 2011.

commencement of section 2 of the Maharashtra Municipal Corporation

ment of Municipal (Amendment) Act, 2011, the State Government, shall appoint, on deputation Chief Auditor. a suitable officer, not below the rank of the Joint Director from the Maharashtra Finance and Account Services to be the Municipal Chief Auditor, on such terms and conditions as may be prescribed], who shall —

1

These words and figures were added by Bom. 48 of 1948, s. 14.

2

The word, figures and letter were inserted by Mah. 27 of 1999, s.27(c)(i).

3

These clauses were inserted, by Mah. 27 of 1999, s. 27 (c)(ii).

4

Sub-clause (v) was inserted by Mah. 41 of 1994, s. 38.

5

Clause (d) was substituted by Bom. 48 of 1950, s.42(i).

6

This portion was substituted for the portion begining with the words "not exceeding" and ending with the words "time to time determine" by Mah. 5 of 1970, s. 7, with effect from the 1st April

1966.

7

The words were deleted by Bom. 6 of 1922, s. 24 (b).

8

This portion was substituted for the words "The Municipal Secretary in consultation with the Chairperson of the Corporation and the Mayer" by Mah. 27 of 1999, s. 28(a).

9

These words were substituted for the words "of the Corporation", by Mah. 27 of 1999, s. 28 (b)(i).

10

These words were substituted for the words "and the Chairperson of the Corporation" by Mah. 27 of 1999, s. 28 (b)(ii).

11

This heading and these sections were inserted by Bom. 2 of 1938, s. 3.

12

This portion was substituted for the words " The Corporation shall from time to time appoint a fit person to be Municipal Chief Auditor" by Mah. 12 of 2011, s. 2 (a).

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1 [(a) perform such duties as he is directed by this Act to perform and such other duties with regard to the audit of the accounts of the municipal funds ²[ 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 ³[Standing Committee] and with regard to the audit of the accounts of the ⁴[Brihan Mumbai Electric Supply and Transport Fund] as shall be required of him by the corporation or by the ⁵[Brihan Mumbai Electric Supply and Transport Committee];]

(b) devote his whole time and attention to the duties of his office ;

(c) receive such monthly salary ⁶[as the Corporation shall, from time to time with the approval of the State Government, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office ;]

(d) 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 two-thirds of the members present at a meeting of the corporation :

7 [Provided that, nothing in this section shall affect the appointment and terms and conditions of services of the Municipal Chief Auditor holding Mah. XII of

office as such on the 10th March 2011 being the date of commencement of

2011.

section 2 of the Maharashtra Municipal Corporation (Amendment) Act,

2011].

(2) The municipal chief auditor shall not be eligible for further office under the corporation after he has ceased to hold his office. Appointment,

78B. (1) The ⁸[Standing Committee] may from time to time— salaries, fees,

allowances and

(a) appoint such assistant auditors, clerks and servants to be duties of

assistant immediately subordinate to the municipal chief auditor as they think fit; auditors, clerks

and servants (b) determine the nature and amount of the salaries, fees and allowances subordinate to to be paid to the said assistant auditors, clerks and servants respectively ; the municipal

chief auditor. (c) prescribe or delegate to the municipal chief auditor the powers of prescribing the duties of the said assistant auditors, clerks and servants. Control, etc. of (2) Subject to the orders of the ⁸[Standing Committee], the municipal chief the said

auditor shall exercise supervision and control over the acts and proceedings assistant,

auditors, clerks of the said assistant auditors, clerks and servants, and the ⁸[Standing and servants.

Committee], subject to the regulations at the time being in force under section

8 1, shall dispose of all questions relating to the service of the said assistant auditors, clerks and servants and their pay, privileges and allowances.]

1

Clause (a) was substituted for the original by Bom. 48 of 1948, s. 15.

2

These words were inserted by Mah. 34 of 1973, s. 3.

3

These words were substituted for the words "Municipal Accounts Committee" by Mah. 27 of 1999, s. 29(a).

4

These words were substituted for the words " Bombay Electric Supply and Transport Fund" by Mah. 25 of 1996, s. 2. Sch.

5

These words were substituted for the words "Municipal Accounts Committee" by Mah. 27 of 1999, s. 29 (b).

6

This was substituted for the portion begining with the words "not exceeding" and ending with the words "from time to time determine" by Mah. 5 of 1970, s. 8., with effect from 1st April 1966.

7

This proviso was added by Mah. 12 of 2011, s. 2 (b).

These words were substituted for the words "Mayor-in-Council" by Mah. 27 of 1999, s. 30.

8

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1888 : Bom. III] Mumbai Municipal Corporation Act ⁹⁹ 1 [Municipal Chief Accountant

78C. (1) The Corporation shall from time to time appoint a fit person to

Appointment of Municipal

be the Municipal Chief Accountant²[(Finance)]. He shall— Chief Accountant

3 [(a) be the Principal Municipal Finance Officer to advice the ²[(Finance)]. Commissioner on financial matters and perform such duties with regard to the municipal finance as shall be required of him by the Corporation, 4 [Standing Committee] or the Commissioner;]

(b) devote his whole time and attention to the duties of his office ;

(c) receive such monthly salary ⁵[as the Corporation shall, from time to time with the approval of the State Government, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office ;]

(d) be removable at any time from office for misconduct, or for neglect of or incapacity for the duties of his office, by the corporation. 6 * * * * * * *

7 [78D. The Corporation shall, from time to time, appoint a fit person to be

Appointment of

the ⁸[Municipal Chief Accountant (Water Supply and Sewerage).] He shall— ⁸[Municipal Chief

(a) keep the accounts of the Water and Sewerage Fund and the

Accountant (Water

Consolidated Water Supply and Sewerage Disposal Loan Fund and perform

Supply and such duties with regard to the said accounts as shall be required of him by

Sewerage)]. the Corporation or ⁹[ Standing Committee] or the Commissioner;

(b) devote his whole time and attention to the duties of his office ;

(c) receive such monthly salary as the Corporation shall, from time to time, with the approval of the State Government, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office ;

(d) be removable at any time from office for misconduct, or for neglect of or incapacity for, the duties of his office, by the Corporation.]

1

This heading and section 78C were inserted by Bom. 48 of 1950,s. 44.

2

These brackets and word were added by Mah. 11 of 2002, s. 7.

3

Clause (a) was substituted for the original by Mah. 70 of 1975, s. 5(a).

4

These words were substituted for the words " Mayor-in-Council" by Mah. 27 of 1999, s. 31.

5

This was substituted for the portion begining with the words " not exceeding "

and ending with the words " from time to time determine " by Mah. 5 of 1990, s.8, with effect from 1st April 1966.

6

Sub-section (2) was deleted by Mah. 70 of 1975, s.5(b).

7

Section 78D was inserted by Man. 34 of 1973, s. 4.

8

These words were substituted for the words "Additional Municipal Chief Accountant" by Mah. 11 of 2002, s. 8.

These words were substituted for the words " Mayor-in-Council" by Mah. 27 of 1999, s. 32.

9

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Mumbai Municipal Corporation Act [1888 : Bom. III

Appointment of ¹[78E. The Corporation shall, from time to time, appoint a fit person to be 2 [Municipal

Chief the ²[Municipal Chief Accountant (Treasury)]. He shall—

Accountant

(Treasury).]

(a) be the Principal Municipal Trasury Officer and keep such municipal accounts and perform such duties with regard to the municipal accounts as shall be required of him by the Corporation, the ³[Standing Committee] or the Commissioner ;

(b) devote his whole time and attention to the duties of his office ;

(c) receive such monthly salary as the Corporation shall, from time to time, with the approval of the State Government, determine ; but the salary of such officer shall not be altered to his disadvantage during his period of office ;

(d) be removable at any time from office for misconduct, or for neglect or incapacity for the duties of his office, by the Corporation.] Other Officers and Servants

Schedule of

79. (1) The Commissioner shall,⁴* * from time to time, prepare and bring other officers

and servants to before the ⁵[Standing Committee] a schedule setting forth the designations be prepared by

the commis- and grades of the other officers and servants

6 [other than the officers and

sioner and

servants to be appointed for the purposes of clause (q) of section 61]; who sanctioned by

the Standing should, in his opinion, be maintained, and the amount and nature of the Committee

10 [or the salaries, fees and allowances which, he proposes, should be paid to each. Education

Committee]. ⁷[(1A) The Commissioner shall, from time to time, prepare and bring before the ⁸[Education Committee] a schedule setting forth the designations and grade of the officers and servants to be appointed for the purposes of clause

(q) of section 61, 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].

(2) ⁹[The Standing Committee or the Education Committee, as the case may be,] shall sanction such schedule either as it stands or subject to such modifications, as they deem expedient:

10

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act ¹⁰¹ Provided that no new office of which the aggregate emoluments exceed 1 [rupees five hundred] per month shall be created without the sanction of the Corporation :

lA [Provided further that the

2 [Education Committee shall before sanctioning the schedule] obtain thereto the previous approval of the State Government and make such modifications therein as the State Government may direct:] 3 [Provided also that, any sanction accorded under this sub-section shall take effect from the date of such sanction, or such other date (which may be retrospective) as may be specified therein; but no such sanction shall take effect from a retrospective date without the previous approval of the State Government, or so as to vary the conditions of service of any officer or servant to his disadvantage with retrospective effect.]

4 [(3) Nothing in this section shall be construed as affecting the right of the corporation or of the Commissioner to make any temporary appointment which they or he are empowered to make under section 80A.]

80. No permanent officer or servant shall be entertained in any Restriction of department of the municipal administration unless he has been appointed

employment ofpermanent under sections ⁵* * ⁶[60A], ⁷[73A], 74, ⁸[76A and 76B], 77, ⁹[78, 78A],

officers and servants. 10 [78B or 78C] or his office and emoluments are included in the schedule at the time in force prepared and sanctioned under the last preceding section :

11 * * * * * * * * *

1

These words were substituted for the words " rupees two hundred " by Mah. 39 of 1961, s. 6.

1A

This proviso was added by Bom.48. of 1950, s. 45(3).

2

These words were substituted for the words " Mayor-in-Council shall before sanctioning the schedule, for the purposes of clause (q) of section 61" by Mah. 27 of 1999, s. 34 (c)(ii).

3

This proviso was added by Mah. 7 of 1971, s. 2.

4

This sub-section was added by Bom. 76 of 1948, s. 7.

5

The figure "39" was deleted by Bom. 48 of 1950, s. 46(1).

6

The figure and letter " 60A " were inserted by Bom. 48 of 1948, s. 16.

7

The figure and letter " 73A " were inserted by Bom. 4 of 1947, s. 5.

8

These figures, word and letters were inserted by Bom. 3 of 1907, s. 13(1).

9

These figures, word and letters were substituted for " or 78 " by Bom. 2 of 1938, s. 4.

10

The word, figures and letters were substituted for the word, figures and letters " or 78B " by Bom. 48 of 1950, s. 46(2).

11

The proviso was deleted by Mah. 10 of 1998, s. 43. H 4094—18

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Mumbai Municipal Corporation Act [1888 : Bom. III

Power of

†¹[80A. (1) The power of appointing municipal officers, whether temporary appointment

in whom to or permanent ²[to the posts which rank equivalent to or higher than, the post vest.

of Executive Engineer set forth in a schedule for the time being in force prepared and sanctioned under section 79], shall vest in the Corporation :

3 [Provided that, temporary appointments to such posts for loan works may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee ; or in the case of works undertaken for the purpose of clause (q) of section 61, of the Education Committee; the Commissioner shall forthwith report every such appointment when made to the Corporation. 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 this Act, the power of appointing municipal officers and servants ⁴[whether temporary or permanent, shall] vest in the Commissioner :]

5

[Provided that such power in respect of permanent appointments shall be subject to the schedule for the time being in force prepared and sanctioned under section 79 :

Provided further that no temporary appointment shall be made by the Commissioner for any period exceeding six months and no such appointment 6 [ 7 [to a post which ranks higher than the post of a Registration Assistant set forth in a schedule for the time being in force prepared and sanctioned under section 79] shall be renewed by the Commissioner on the expiry of the said period of six months without the previous sanction of the ⁸[Standing Committee or of the Education Committee, as the case may be].]

L 1 H 4094

1888 : Bom. III] Mumbai Municipal Corporation Act ¹⁰³ 1 [Explanation.—For the purposes of this section, sub-section (1) of section 80B and section 460U, a post shall be deemed to rank equivalent to, or higher than, the post if the minimum of the pay-scale of the former is equivalent to, or higher than, the minimum of the pay-scale of the later.]

2 [80B.

3 [(1) No person shall be appointed to a post—

Manner of making

4 [(a) the power of appointment to which vest in the corporation or the

appointment. 5 [Standing Committee] and which is equivalent to, or higher than, the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79 ; or]

6 [(b) the power of appointment to which vest in the Brihan Mumbai Electric Supply and Transport Committee and which is equivalent to, or higher than, the post of Secretary set forth in the schedule sanctioned by the Brihan Mumbai Electric Supply and Transport Committee and the Corporation under section 460R ;]

except after consultation with the Commission in accordance with the rule made under this section :] ]

7 [Provided that, it shall not be necessary for the Commission to be consulted in the case of posts in the Water Supply and Sewerage Department falling under clause (a) and connected with the Water Supply and Sewerage Projects financed partly with assistance from the International Development Association, being posts specified by the Commissioner in this behalf 8 [and which ranks lower than the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79.]

(2) Nothing in sub-section (1) shall apply to any acting or temporary appointment for a period not exceeding six months ⁹[or to appointments to such ministerial post as may, from time to time, be specified by the State Government in consultation with the Commission when such posts are to be filled by promotion].