Board HR: The Mumbai Municipal Corporation Act 1888

Friday 2 August 2019

The Mumbai Municipal Corporation Act 1888

THE MUMBAI MUNICIPAL CORPORATION ACT 1888

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

Preamble.

WHEREAS it is expedient to consolidate and amend the law relating to the Municipal Government of '[Brihan Mumbai]; It is enacted as follows:

CHAPTER I PRELIMINARY

SECTION 01: SHORT TITLE AND EXTENT

This Act may be cited as

2 [the Mumbai Municipal Corporation Act, 1888]

3 [It] extends only to

1 [Brihan Mumbai]

SECTION 02: REPEAL OF ENACTMENTS

The enactments mentioned in Schedule A are repealed to the extent specified in the third column of the said Schedule:

Provided that-

(a) all rules and by-laws made, all notifications published, all orders issued and all I licenses 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 comes 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, instituted or which, might but for the passing of this 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

(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 to the corresponding portion thereof.

SECTION 03: DEFINITIONS OF TERMS

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

4 [(a)"the city" means the area specified in Part I of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945;

5 [(aa1) "extended suburb" means the area specified in Part IV of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945];

(al)

9 [Brihan Mumbai] means the areas specified in Parts I, II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945

6 [and on and from the date of commencement of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956, includes the extended suburbs i.e., the area specified in Part IV of this Schedule];

7 [Specified as the larger urban area in the notification issued in respect thereof under clause (2) of Article 243-Q of the Constitution of India],

(a2) "the suburbs" means the area specified in Parts II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945;]

8 [(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

9 [Brihan Mumbai} constituted or deemed to have been constituted under this Act;

10 [(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;

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

(d) "the Commissioner" means the Municipal Commissioner for

[Brihan Mumbai] appointed under section 54, and includes

[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,

[and the Deputy Municipal Commissioner (Improvements) appointed under section 56A] and includes an acting Deputy Commissioner appointed under sub-section (3) of Section 59

[and an additional Deputy Municipal Commissioner appointed under sub-section (IA) of Section 55

[(ea) "Director" means the Director (Engineering Services and Projects) appointed under section 54A;]

(f) "the Police Commissioner" means the Commissioner of Police

[Brihan Mumbai];

[(g) "Education Officer" means the Municipal Education Officer appointed under

Section 76A and includes an acting Municipal Education Officer appointed under Section 85];

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

[(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

[Brihan Mumbai];

(j) "Assembly roll" means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the People 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

[(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;](I) "Small Cause Court" means the Court of Small Causes of Bombay;

[(la) "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (I) 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, sequestrate 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;

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

(o)the term "public securities" means securities of the

[Central Government] and any securities guaranteed by

[the Central or any

[State Government], securities of the Bombay Port Trust, securities issued under this Act and any Bombay Municipal debentures or other securities heretofore issued

[and any debentures or other securities issued under the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925];

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

[(pa) 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

[being built upon or is built] upon or covered with water,

[benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street];

(s) "building" includes a house, out-house, stable, shed, hut

[tank (except tank for storage of drinking water in a building or part of a building)] and every other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatever;

[(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 s a temporary measure;]

(t) "water-work" includes a lake, stream, spring, well, pump, reservoir, cistern, tank,

[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;

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

[tunnel] and any other device for carrying off 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];

(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, via duct, 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 has 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;

[or which vests, in the corporation as a public street];

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

[(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 by an order of

[the

[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;

[(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];

[(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];

[**************]

[(ii) "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 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;]

[(mm) the

[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 tramsways, 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 moveable 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 2 Mumbai

Electric Supply and Transport Undertaking] appointed under Section 60A and includes an acting General Manager appointed under Section 60B)],

[(oo) "Wards Committee" means a Wards Committee constituted under Section

5OTT;

(pp) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-1 of the Constitution of India;]

[(qq) "Mayor" means the Mayor of the Corporation elected by the elected Councilors from amongst themselves under section 371B;

(rr) 48[ * *]

(ss) 48[ * *]

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

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1. These words were substituted for the word "Greater Bombay" by Mah 25 of 1996, w.e.f. 4-9-1996.

2. These words were substituted for the words and figure "the City of Bombay Municipal Act, 1888" by Bom 7 of 1950, s 4(a)

3. This word was substituted for the words "Except as is herein otherwise expressly provided, it" by Mah. 41 of 1994, s 2.

$"Governor of Bombay" shall stand unmodified vide the Maharashtra Adaptation of Laws (state and Concurrent Subjects) Order, 1960

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

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

6. This portion was inserted, by Bom. 58 of 1956, s. 3(2).

7. This portion was added by Mah. 41 of 1994, s.3(a).

8. Clause (a3) was inserted, by Mah. 41 of 1994, s. 3(b).

9. These words were substituted for the word by "Greater Bombay". by Mah. 25 of 1996. w.e.f. 4.9.96.

10. Clause (c) was substituted by Mah. 41 of 1994, s. 3(d).

11. Clause (cc) was inserted, by Bom. 48 of 1950, s. 2(2).

12. These words were substituted for the words Greater Bombay' by Mah. 25 of 1996, w.e.f. 4.9.96.

13. These words, brackets and figures were inserted by Mali. XLIII of 1983, s. 2.

14. These words, figures, brackets and letter were inserted by Bom. 13 of 1933, s. 3(a).

15. These words, figures, letter and brackets were added by Bom. 7 of 1950, s. 5(iii).

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

17. Clause (g) was inserted by Bom. 48 of 1950, s. 2(3).

18. Clause (h) was inserted by Bom. 54 of 1955, s. 2.

19. Clauses (i) and (j) were inserted by Mah. 8 of 1965, s. 2.

20. Clauses (ka) and (kb) were inserted by Mah. 41 of 1944, s. 3(e).

21. Clause (Ia) was inserted, by Mah. 41 of 1994, S. 3(0.

22.The words "Central Government" were substituted for the words "Government of India", by the Adaptation of Indian Laws Order in Council.

23. The words "the Central or any Provincial Government" were substituted for the word "Government", by the Adaptation of Indian Laws Order in Council.

24 The word "State" was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

25. These words were inserted by Bom. 13 of 1933, s. 3(b).

26. This clause was inserted by Mah. 32 of 1964, s. 2.

27. These words were substituted for the word "built" by Bom. 8 of 1918, s. 2.

28. These words were inserted by Bom. 13 of 1933, s-3

29. These words and brackets were inserted by Mali. 21 of 1989, s. 2.

30. These clause were inserted by Bom. 28 of 1957, s. 2.

31. These word was inserted by Mah. 37 of 1981, s. 2.

32. Clause (u) was substituted for the original clause by Bom. 5 of 1905, s. 2.

33. These word was inserted by Mah. 37 of 3981, s. 2.

34. These words were added by Bom. 7 of 1950, s. 5(v).

36. This new clause (yy) was added by Bom. I of 1925, s. 2(b).

37. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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

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

40. Clauses (ee) (if) and (gg) were inserted by Bom. 1 of 1916, s. 2.

4I. Clause (hh) was inserted by Bom. 5 of 1920, s. 2.

42. Clauses (ii), (jj) and (kk) were deleted by Bom 48 of (950, s. 2(5).

43. This clause was added by Bom. 5 of 1938, s. 2.

44. These clauses were added by Bom. 48 of 1948, s. 2.

45. These words were substituted by Mah. 25 of 1996, w.e.f. 4.9.96.

46. Clauses (oo) aud (pp) were added by Mah. 41 of 1994, s. 3(g).

47. Clauses (qq) to (tt) were inserted by Mah. 11 of 1998, s. 2

48. Clauses (rr) and (ss) deleted by Mah. 27 of 1999, s. 2.

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CHAPTER II-THE MUNICIPAL CONSTITUTION

MUNICIPAL AUTHORITIES

SECTION 04: MUNICIPAL AUTHORITIES

The Municipal Authorities charged with carrying out the provisions of this Act are-

(a) a Corporation;

(b) a Standing Committee;

(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.].

SECTION 05: COMPOSITION OF CORPORATION

(1) The Corporation shall consist of,"

(a)

[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

[Brihan Mumbai] be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.]

SECTION 05A: RESERVATION OF SEATS

(1) Notwithstanding anything contained in clause (a) of sub-section (1) of section 5 or in section 19, for the purpose of any general election held after the commencement of the Maharashtra Municipal 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-section (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

[Brihan Mumbai] bears to the total population of' Mumbai;]

(b) one-third 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 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

(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

[Brihan Mumbai] bears to the total population of'

[Brihan Mumbai;]

(b) one-third 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 the Scheduled Tribes, then no seat shall be reserved for women belonging to the Scheduled Tribes, 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.

(4) (a)

[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) one-third of the total number of seats reserved under clause (a) shall be reserved or women belonging to the Backward Class of citizens.

(5) One-third (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.]

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1. This Section was substituted by Mah. 27 of 1999, s. 3, w.e.f. 23-4-99

2. Section 5 was substituted by Mah. Act No. 41 of 1994. s. 5.

3. These word were substituted for the words "Greater Bombay" by Mah.25 of 1996, w.e.f. 4.9.96.

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

5. These words were substituted for the words "two hundred and twenty-one" by Mah. 8 of 2002, w.e.f. 7-9-2001, s. 2.

6. These ˜word were substituted for the words "Greater Bombay" by Mah. 25 of 1996, w.e.f. 4.9.96.

7. These words were substituted for the words "as nearly as may be twenty-seven per cent" by Mah. I 2of 1997. w.e.f. 31.5.1 99-

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DURATION OF THE CORPORATION: TERM OF OFFICE OF COUNCILLORS CASUAL VACANCIES, ETC.

SECTION 06: DURATION OF CORPORATION

The Corporation shall continue for a period of five years from the date appointed for its first meeting and no longer.

SECTION 6A: TERM OF OFFICE OF COUNCILLORS

The term of office of the councillors shall be co-terminus with the duration of the Corporation.

SECTION 06B: ELECTION TO CONSTITUTE CORPORATION

An election to constitute the Corporation shall be completed before the expiry of its duration specified in section 6.

SECTION 07

[* * *]

SECTION 07A

[***

***]

SECTION 07B: COUNCILLOR TO VACATE ALL OFFICES IF HE CEASES TO BE A COUNCILLOR

[Notwithstanding anything contained in section 47, 49G, 50B or 50M or any other provisions of this Act, a person] who ceases to be a Councillor shall, ipso facto, vacate any office held by him on any Committee of the Corporation by virtue of his being a Councillor.

SECTION 08: RE-ELIGIBILITY OF PERSONS CEASING TO BE COUNCILLORS

Any person who ceases to be a councillor shall, unless disqualified, be re-eligible.

SECTION 09: CASUAL VACANCIES HOW TO BE TILLED UP

In the event of non-acceptance of office by a person elected [* * ]

to be a councillor, or of the death, resignation or disqualification of a councillor, of his becoming incapable of acting

[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

[ * *] 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.

[The casual vacancy in the office of an elected councillor shall be filled up in the manner provided in Section 34:]

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

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

[*****]

SECTION 10: PUBLICATIONS OF NAMES OF COUNCILLORS IN THE OFFICIAL GAZETTE

The names of all persons elected

[*****] be to councillors shall be published by

[the State Election Commissioner] in the

[Official Gazette]

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1. Heading was substituted by Mah. 41 of 1994, s. 7.

2. Section 6 was substituted as section 6. 6A and 6B by Mah. 41 of 1994. S. 8.

3. Section 7 was deleted, by Mali. 41 of 1994, s. 9.

4. Sections 7A and 7B were inserted by Mah. 7 of 1984, s. 2.

5. Section 7A was deleted by Mah. II of 1994, s.l0.

6. Section 7B was substituted by Mah. 10 of 1998.

7. These words were substituted by the word ˜The person" by Mah. 27 of 1999. w.e.f. 23.4.99.

8. The words "or appointed" and or appointment as the case may be were deleted by Bombay 13 of 1938 sec 6 and 7

9. These words were substituted by Mah. 41 of 1994, s.12a

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

11. This proviso was added by Bom. 12 of 1936 a. 2.

12. This portion was substituted by Mah. AcE 41 of 1994, s.

13. Second proviso deleted by Mah. Act 41 of 1994, s.12(c).

14. The words "or appointed" and "or appointment, as the case may be" were deleted by Bom. 13 of 1938. ss. 6 and 7.

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

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

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QUALIFICATIONS AND DISQUALIFICATIONS OF VOTERS AND COUNCILLORS

SECTION 11: PERSONS QUALIFIED TO VOTE

(1) A person shall not be entitled to vote at a ward election unless he is enrolled in the municipal election roll as a voter of the ward for which such election is held.

SECTION 11A: QUALIFICATIONS OF VOTERS AT ELECTION OF DELEGATES

Repealed by Bom. 48 of 1950, s. 6.

SECTION 12 AND 13

Repealed by Bom. 6 of 1922

SECTION 14: QUALIFICATION FOR ELECTION AS A COUNCILLOR AT A WARD ELECTION

person shall not be qualified to be elected at a ward election to be a councillor

[unless he is

[not less than twenty-one years of age on the last date fixed for making nominations for any general election or bye-election and is] enrolled in the municipal election roll as a voter of some ward].

SECTION 14A: QUALIFICATIONS FOR ELECTIONS AS A COUNCILLOR BY DELEGATES

Repealed by Bom.48 of 1950.

SECTION 15: QUALIFICATIONS FOR ELECTIONS BY CHAMBER, ETC

Repealed by Bom 48 of 1950

SECTION 15A: QUALIFICATIONS FOR CO-OPTION

Repealed by s.3 of Bom. 17 of 1931.

SECTION 16: DISQUALIFICATIONS FOR BEING A COUNCILLOR

(1) A person shall be disqualified for being elected

* and for being a councillor if such person-

[(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]

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

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

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

4. 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.

5. These words was inserted by Mah. 12 of 1999, s. 2.

6. These words were repealed by Bom. 6 of 1922. s. 6.

7. Sub-section (2) was deleted by Bom. 13 of 1938,s. 4(l).

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

9. The words "or co-opted" which were added by Bom. 6 of 1922. s. 8 and which were deleted by Bom. 17 of 1931 s. 4.

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

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

3[(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]

4[(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 the Municipal Councils, Nagar Panchayats and Industrial Township (Second Amendment) Act, 1995 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:

Provided further that a child or more than one child born in 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

(b) "child" does not include an adopted child or children]

If and while such Person

5[(c) having been adjudged or re-adjudged an insolvent, is under any disqualification imposed by section 103A of the Presidency-towns insolvency Act, 1909; or section 73 of the Provincial Insolvency Act, 1920; or]

(d) is the Commissioner 6[the Director or a Deputy Commissioner] or a municipal officer or servant, or a licensed surveyor or plumber 7[or a member of a firm of which a licensed surveyor or plumber is a member]; or

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This clause was inserted by Mah. 41 of 1994, s 14 (a).

2. Clause (a) was inserted by Mah. 13 of 197 1, s 2.

Clause (b) was substituted by Mah. 41 of 1994, s 14(b).

4. Clause (ba) was inserted by Mah. 43 of 2000, s. 2, w.e.f. 13-9-2000,

5. Clause (c) was substituted for the original clause by Born.I of 1946, s 3 (a) read with Bom 8 of 1948, s4.

6. These words were inserted by Mah. 53 of 1981, s 3.

7. These words were inserted by Bom. I of 1946, s 3(a) read with Bom 8 of 1948, s 3(b).

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

1[(ee) 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; 2[or]

3[(fa) having been elected a Councillor, during his term of office as 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]

4[(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 this disqualification shall not apply to a councillor who renders free services for securing the enforcement of civic rights or removal of legitimate public grievances.]

5[(g) is a member of the State Legislature or of Parliament:

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

Provided further that, any action taken by such Councillor during the period from 7th October 2001 till the date of publication of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) (Amendment) Act, 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.]

6[Explanation- 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 emp1oyment with, by or 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]

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1.Clause (ee) was ins b Born. II of 1932, s. 2.

2. The word "or" was inserted by Born. I of 1946, s. 3(c) read with Born. 8 of 1948. s. 4.

Clause (fa) was deemed to have been inserted with effect from 1st April 1958, by Malt 4 of l973,s. 2(a).

4. Clause (ff) was inserted by Bom. I of 1946, s. 3(a).

5. Clause (g) inserted by Mah 8 of 2002.

6. This Explanation was substituted by Mah. 35 of 1967, S. 2.

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

(i) a Councillor shall not be deemed of 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 52 of the Indian Easement Act 1882.]

2[(1A) A person who at any time during the term of his office is disqualified under the Maharashtra Local Authority Members' Disqualification Act, 1986 for being a councillor shall cease to hold office as such councillor.]

3[(1B) (a) A person shall be disqualified for being a Councillor or for contesting an election for being elected as a Councillor, for a period of six years, if, an order is passed by the concerned authority, under section 18 or as the case may be, section 33, holding that such person was elected as a Councillor to a seat which was reserved for a member belonging to a Scheduled Caste, Scheduled Tribe or a Backward Class of Citizens (hereinafter referred to as "a reserved category"), on the basis of a false claim or a false Caste Certificate declaring that such person belonged to such reserved category.,

(b) Such period of disqualification shall be computed with effect from the date of passing of such order by the concerned authority.

(1C) (a) Notwithstanding anything contained in sub-section (1B), a Councillor who has been elected to a reserved seat as mentioned in sub-section (1B), shall be disqualified for being such Councillor consequent upon the Caste Certificate Verification Committee or any other Competent Authority specified by the State Government for the purpose of scrutiny of the Caste Certificates, declaring the Caste Certificate of such Councilor to be invalid and cancelling the same, on the ground of the same having-been based on a false claim or declaration made by such person claiming to be belonging to the reserved category, and thereupon the Councillor shall be deemed to have vacated his office on and from the date of declaration of such Certificate to be invalid and cancellation of the same by the said Committee or the Competent Authority.

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

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

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1. The existing Explanation was renumbered as Explanation I and Explanation 11 was added by Mah. 51 of 1975, s 2.

2. Sub-section (I A) was inserted by Mah. 20 of 1987, s 11, Schedule.

3. Sub-section (1B) was inserted by Mah. 11 of 2002, s 2.

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(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 1[his receiving fee for attendance at meetings of the 2[Brihan Mumbai Electric Supply and Transport Committee or of] his having any share or interest in

3[(g)] subject to the provisions for 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

4[*************************************************]

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1. These words were inserted by Born. 48 of 1948, s 4.

2 These words were substituted by Mah. 25 of 1996 w.e.f. 4.9.1996.

3. Clause (g) was inserted with effect from 2nd October, 1978 by Mah. 25 of 1978, s 2.

4. Sub-section (3) was deleted by Bom. 48 of 1950, s 9,

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SECTION 17: A PERSON BECOMING DISQUALIFIED TO CEASE TO BE A COUNCILLOR

Any councillor who:

(a) becomes disqualified for being a councillor for any reason mentioned in the last preceding section, or

(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

2+[*

(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 note, 3+*

4[*************************************]

shall cease to be a councillor and his office shall thereupon be vacant.

SECTION 18: QUESTIONS AS TO DISQUALIFICATIONS TO BE DETERMINED BY CHIEF JUDGE OF THE SMALL CAUSE COURT

Whenever it is alleged that any councillor has become disqualified for office for any reason aforesaid, and such councillor does not admit the allegation, or whenever any councillor is himself in doubt whether or not he has become disqualified for office, such councillor or any other councillor 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 conclusive.

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

2. Clause (c) was deleted by Born. 48 of 1950, S I 0(l).

3. The word "or" was deleted by Born. 48 of 1950, S 10(2).

4. Clause (E) was deleted by Born. 48 of 1950, a. 10(3).

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MUNICIPAL ELECTION ROLL

SECTION 18A: 5[STATE ELECTION COMMISSION

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Corporation 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 elections of the Corporation under this Act or the rules shall function under the superintendence, direction and control of the State Election Commissioner.

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

1.This section was inserted by Mah 41 of 1994 s.14

SECTION 18AA: 1[POWER OF STATE ELECTION COMMISSIONER TO ISSUE DIRECTIONS TO PREVENT IMPERSONATION

The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing

the electors to produce, at the time of polling, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951]

SECTION 19: 2[DIVISION OF BRIHAN MUMBAI INTO SINGLE MEMBER WARDS AND 3[PREPARATION OF] MUNICIPAL ELECTION ROLL THEREFOR

(1) For the purposes of elections to the Corporation,

4[(a) The 5[State Election Commissioner] shall, from time to time by notification in the Official Gazette, divide the area of 6[Brihan Mumbai] into wards and specify the boundaries thereof, so that, as far as practicable, all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the wards 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 opinion of the 5[State Election Commissioner] is best calculated to bring the information to the notice of all persons likely to be affected thereby, together with a notice specifying the date on or before which any objections or suggestions will be received, and the date after which the draft will be taken into consideration.

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1. This section was inserted by Mah. 44 of 1994, s 3.

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

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

4. This portion was substituted for the portion beginning with the brackets, letters and words "(a) the area of Greater Bombay" and ending with the words "by the State Government in the Official Gazette" by Mah. 15 of 199 1, s 3(a)

5, These words were substituted for the word "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. w.e.f. 4.9.1996.

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1[******]

2[(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 divided by the State Election Commissioner into different sections corresponding to the different wards in

3[Brihan Mumbai]; and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorised by him, shall be the ward roll for each ward;]

4[(1A)

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

5[(3) *******************]

6[(4)*******************]

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

2. Clause (b) was substituted by Mah. I I of 1996, w.e.f 29.1.1996.

3. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, w.e.f. 4.9.96.

4. Sub-section (I A) was deleted by Mah. I I of 1996, w.e.f. 29.1.96.

5. Sub-section (3) was deleted by Mah. I I of 1996, w.e.f. 29.1.96.

6. Sub-section (4) was deleted by Mah. 52 of 1973, s 2(b).

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SECTION 20: DELETED BY MAH. 11 OF 1996 W.E.F. 29.1.1996

SECTION 21: 1[RIGHT TO VOTE

Subject to the provisions of this Act, every person whose name is 2[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.]

SECTION 21A: [PROCEDURE REGARDING ELECTION OF DELEGATES AND COUNCILORS.]

Repealed by Born. 48 of 1950, s 11.

SECTION 21B

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

SECTION 21C

: [Completion of supplementary election rolls.] Del. by Mah. 8 of 1963, s 9.

SECTION 21D

: [Consolidation of supplementary election roll.] Del. by Mah. 8 of 1965, s 9.

ELECTION OF COUNCILORS

SECTION 22: DATES OF ELECTION

3[The dates of general ward election of councillors and elections to fill casual vacancies shall be fixed by the State Election Commissioner.]

SECTION 23: CONSEQUENCES OF EXTENSION OF TERM OF OFFICE OF COUNCILLORS OR APPOINTMENT OF ADMINISTRATOR AND HOLDING OF GENERAL WARD ELECTIONS ANY TIME THEREAFTER

Deleted by Mah. 10 of 1998, s 5.

SECTION 24: [DIVISION OF THE CITY INTO WARDS FOR PURPOSES OF ELECTIONS.]

Deleted Mah. 8 of 1965, s 11.)

SECTION 25: NOTICE TO BE GIVEN OF DAY FIXED FOR WARD ELECTIONS

4[(1)]5[Seven days] at least before the day fixed for a ward election 6[* * * ]notice of such election shall be given by 7[the State Election Commission]. Such notice shall be given by advertisement in the 8[Official Gazette] and in the local newspapers, and 6* * * by posting placards in conspicuous places in the ward for which election is to take place.

'[(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.]

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

2. These words were substituted for the words and figures "in Part I or Part 11 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.

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

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

5. These words were substituted for the words "Fifteen days" by Mah. 43 of 1983, s 4(l).

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

7. These words we're substituted for the word, "the Commissioner" by Mah. 41 of 1994, s 18.

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

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SECTION 26: CANDIDATES AT WARD ELECTIONS MUST BE NOMINATED. PROVISIONS REGARDING NOMINATIONS

(1) Candidates for election at a ward election 2[****] must be duly nominated in writing in accordance with the provisions hereinafter contained.

(2) With respect to such nominations, the following provisions shall have effect,

namely:

(a) 3[The State Election Commissioner] shall provide printed forms of 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 election 4[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-papers 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 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[the 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

10[(i) is not qualified to be elected as a councillor under section 14, or]

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

2. The words deleted by Bom 6 of 1922, s 14(a), are omitted.

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

4. These words were inserted by Bom I of 1925, s 7(a).

5. Then words were inserted by Horn. I of 1446, s 9(a) read with Bom 8 of 1948, s 4.

6. The words "and signed" were inserted by Bom I of .1946, s 9(b).

7. These words were substituted by Mah. 41 of 1994, s 19(b).

8. This clause was substituted by Mah. 8 of 1965, s 12(a).

9.Clause (dd) was substituted by Mah. 8 of 1965, s 12(b).

10. Sub-clause (i) was Substituted by Mah. 12 of 1990, s 3.

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1[(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.

2[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;

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

5[(j) if the number of valid nomination 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 6[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 different wards, any person is deemed, under7[* *] 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 2[the State Election Commissioner], choose, by writing signed by him and delivered to State Election Commissioner] or, in his default State Election Commissioner] shall, when the time for choice has expired declare for which one of those wards he shall serve. The choice or declaration so made shall be conclusive, and such person's nomination for the ward or wards for which he is not to serve shall be deemed to be null and void; if, when ward elections are held as aforesaid, any person who is deemed under * * * 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 2[the State Election Commissioner] choose, by writing signed by him and delivered to 2[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 this default, 2[the State Election Commissioner] shall, when the time for choice has expired, declare that he shall serve for the ward or for someone of the wards for which he is elected, and his nomination for any other ward 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.

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1. New clause (ii) was inserted by Bom. 19 of 1930, s 3.

2. These words were substituted for the word "the Commissioner" by Mah. 41 of 1994, s19(c)

3. Clause (g) was deleted by Mah. 8 of 1965, s 12(c)

4. Clause (h) was substituted by Mah. 8 of 1965, s 12(d)

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

6. These words were substituted for the words "seven days" by Mah. 33 of 1984, s 3.

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

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SECTION 26A: DEPOSIT BY CANDIDATES

(1) On or before the date appointed for the nomination of candidates for a ward election 2 * * *] each candidate 2[ * * *] shall deposit or cause to be deposited with 3 officer of the State Election Commissioner]

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

2. The words ˜or for election by co-option' and the words "for election or co-option as the case may be" were omitted by Bom. 32 of 1935, s. 3(a).

3. The se words were substituted by Mah. 41 of 1994, s. 20.

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1[in cash a sum of two hundred rupees or were a candidate is a member of a Scheduled Caste 2[Scheduled Tribe or Backward class of citizens] a sum of one hundred rupees, and no candidate shall be deemed to be duly nominated unless such deposit has been made.

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

(d) the candidate dies, 6[* * * *] after the scrutiny of the 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,7[* * *] 8[****] or the deposit, if made by him shall be returned to his legal representative or, if not made by the candidate shall be returned to the person by whom it was made.

(4) If a candidate is not elected and if the number of valid votes polled by him does not exceed one-eighth of the total number of valid votes polled 13[*******] the deposit shall be forfeited to the corporation.

(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.]

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1. These words were substituted for the words "the sun of two hundred rupees in cash in Government Promissory Notes of equal value at the market rate of the day," by Mah. 25 of 1978, s 3.

2. These words were inserted by Mah. 41 of 1994, s 20(b).

3. Clause (b) was substituted by Born. I of 1946. s 10, read with Bom 8 of 1948. s 4.

4. These words were substituted for the word "the Commissioner" by Mah. 41 of 1994. S. 20.

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(6)(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 by Born. 32 of 1935, s 3(d)(ii)

10. The words "in the case of a ward election and or, in the case of an election by co-option, before the ay fixed for the election" respectively, were omitted, by Bom 32 of 1935, s 3(c).

11 The words "or for election" by Co-option" and the words "for election by co-option as the case may be" were omitted by Bom 32 of 1935, s 3(a).

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

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

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SECTION 27: POLL TO BE TAKEN WHEN A WARD ELECTION IS CONTESTED

(1) When a ward election * * is contested 2[a poll shall be taken on any day, being a day not earlier than the twenty-first day, after the day fixed for 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.

(2) Names of candidates validly nominated to be published.-At least 3[three] day before the day of the poll, the 4[State Election Commissioner) shall cause the names of all the persons validly nominated, 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 ward wise, on the notice-board of each respective ward-office].

SECTION 27A: 8[PROHIBITION OF CANVASSING IN OR NEAR POLLING STATIONS

(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling 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

(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.

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

(3) Any offence punishable under this section shall be cognizable,

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

2. These words were substituted for the words, "a poll shall betaken twenty-one days after the day fixed for the election" by Mah. 43 of 1983 s5

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 word "Commissioner" by Mah. 41 of 1994, s 2 1.

5. Words repealed. by Bom. 10 of 1920, s 3(b), are omitted

6. The words "Official Gazette" were substituted for the 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.

8. Sections 27A to 27C were inserted by Born. 54 of 1955, s.3

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SECTION 27AA: 1[PROHIBITION OF PUBLIC MEETINGS ON THE DAY PRECEDING THE DAY OF POLL AND ON THE DAY OF POLL

(1) No person shall convene, hold or attend any public meeting in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.

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

SECTION 27B: PENALTY FOR DISORDERLY CONDUCT IN OR NEAR POLLING STATION

(1) No person shall, on the date or dates on which a poll is taken at any polling station

(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighborhood thereof, any apparatus for amplifying or reproducing the human voice, such as 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 neigbourhood 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.]

SECTION 27C: 2[PENALTY FOR MISCONDUCT AT POLLING STATIONS

(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the 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 conviction, be punished with fine which may extend to two hundred and fifty rupees.

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

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1. Section 27AA were Substituted by Mah. 43 of 1983, s.6

2. Sections 27A to 27C were inserted by Born. 54 of 1955, s 3.

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1[28. Provisions respecting contested ward elections.-With respect to the contested ward elections the following provisions shall have effect, namely:

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

(b) no votes shall be received for any candidate whose name has not been published by 3[the State Election Commissioner] under sub-section (2) of section 27 as having been validly nominated;

4[(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 5[* * * * * * *] and if a person votes in the same ward more than once all his votes in that ward shall be void

6[*

7[(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 lot to be drawn in the presence of 3[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 8[the State Election Commissioner], choose, by writing signed by him and delivered to 8[the State Election Commissioner], or in his default 8[the State Election 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;

(k) 8[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, 9* * * and shall cause lists to be prepared for each ward, specifying the name of all candidates, and the number of valid 10* * * votes given to each candidate. In accordance with such rules as 8[the State Election Commissioner] may frame for the purpose and on payment of such fee 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.

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

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

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

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

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

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

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

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

9. The words and figure "and he shall, as soon as may be, hear and decide all objections. if any, to or regarding the poll, made to him in writing not later than 5 o'clock of the afternoon of the day after the poll" were deleted by Bom I of 1946, s 12. read with Born. 8 of 1948, s 4.

10. The words "and the number of rekected" were deleted by Born. I of 1946.

11. Sections 28A to 281 were inserted by Bom 54 of 1955, s.5

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SECTION 28A: MAINTENANCE OF SECRECY OF VOTING

(1) Every officer, clerk agent or other person who performs any duty in connection with the recording or counting of votes at an election 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.

SECTION 28B: OFFICERS, ETC AT ELECTIONS NOT TO ACT FOR CANDIDATES OR TO INFLUENCE VOTING

1[(1) No person who is a presiding or polling officer at any election or an officer or, an employee appointed, designated or empowered by the State Election Commissioner or such presiding officer to perform any duty in connection with an election shall, in the conduct or management of the election do any act, other than the giving of vote, for the furtherance of the prospects of the election of a candidate.]

(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

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

SECTION 28C: BREACHES OF OFFICIAL DUTY IN CONNECTION WITH ELECTIONS

(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees.

(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.

(3) The persons to whom this section applies are 2[***] presiding officers, polling officers and any other 3[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.

SECTION 28D: REMOVAL OF BALLOT PAPERS FROM POLLING STATIONS TO BE AN OFFENCE

(1) Any person, who at any election fraudulently takes, or attempts to take, a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall on conviction, be punished with imprisonment 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.

SECTION 28E: OTHER OFFENCES AND PENALTIES THEREFOR

(1) A person shall be guilty of an offence if at any election he

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

(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of 4[the State Election Commissioner]; 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) fradulently 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 5[* * *] 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 imprisonment for a term which may extend to six months or with fine or with both.

(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.

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1. Sub-section (1) was substituted by Mah. 41 of 1994, s 22.

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

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

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

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

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SECTION 28F: WHAT IS A CORRUPT PRACTICE

A person shall be deemed to have committed a corrupt practice within the meaning of Section 33;

(i) who, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable 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.

SECTION 28G: CORRUPT PRACTICES, CRIMINAL OFFENCES AND PROCEDURE

(1) (a) Whoever in any election directly or indirectly, by himself or by any other person on his behalf, shall, with a view to inducing any -voter to give or to refrain from giving a vote in favour of any candidate, offer or give any money or valuable consideration or hold out any promise of individual 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 circumstances described in clause (iii) of section 28F, shall be liable to a fine not exceeding two hundred rupees for every such offence.

(2) Whoever, being qualified to vote at 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 forbearing 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) (2) individual profit' includes a benefit accruing to the person himself or to any one 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.

1[(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 inquiry 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 or order passed by a Magistrate under sub-section (1), sub-section (2) 3[sub-section (2A)] or sub-section (3).

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

2. These 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).

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SECTION 28H: ADJOURNMENT OF POLL IN EMERGENCIES

(1) If at an election the proceedings at any polling station are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, of any other sufficient cause,1[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), 2[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 2[the State Election Commissioner] in the Official Gazette and in the local newspapers at least three days before the date of the fresh poll.

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

2 .These words were substituted by Mah. 41 of 1994, s 27.

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SECTION 28I: FRESH BALLOT IN THE CASE OF DESTRUCTION, ETC., OF BALLOT BOXES

(1) If at any election any ballot box or boxes is or are unlawfully taken out of the custody of 1[the State Election Commissioner], or any presiding officer or is or are in any way tempered with, or is or are either accidentally or intentionally destroyed or lost, the election to which such 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 void under sub-section (1) 1[the State Election Commissioner] shall, as soon as practicable after the actor event causing such voidance has come to his knowledge, appoint a day for the taking for a fresh poll in such or every such polling station and fixed the hours during which the poll will be taken and shall not count the votes cast at such election until such fresh poll I shall have been completed.

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

SECTION 29: 3[STATE GOVERNMENT] MAY MAKE RULES FOR THE CONDUCT OF ELECTION

4[Subject to the provisions of this Act 5[the State Government may in consultation with the State Election Commissioner], make rules for the conduct of election and in particular providing

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

(b) for the appointment of 7[presiding officers and polling officers] and other

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1 .These words were substituted by Mah. 41 of 1994, s 27.

2. This new section 29 was inserted by Bom I of 1925, s 4. The original section 29 was repealed by Bom 6 of 1922.

3. These words were inserted for the word "Corporation" by Mah. 41 of 1994, s 28(c).

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

5. This portion was substituted by Mah. 41 of 1994, s 28(a).

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

7. These words were substituted for the words "Polling Officers" by Boni. 54 of 1955. s 6(l).

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persons to assist at the poll and for the remuneration of such 1[presiding officers and polling officers] and other persons for their services;

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

(e) for the checking of voters by reference to the 2[municipal election] roll;

3[(ee) with a view to preventing personation, for the marking 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 indelible 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;

(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 scrutiny of votes;

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

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

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

2. The words "Municipal election" were substituted for the word "electoral" by Born. I of 1946, s 13, read with Born. 9 of 1948, s 4.

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

4. Proviso added by Mah. 41 of 1994, s 28(b).

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SECTION 30: [PROCEEDINGS AT FELLOWS ELECTIONS.]

Repealed by Bom 48 of 1950, s 14,

SECTION 30A: [PROCEEDINGS AT ELECTIONS OF CO-OPTED COUNCILLORS.]

Repealed by Bom I of 1925.

SECTION 31: [PROCEEDINGS AT ELECTIONS BY THE CHAMBER OR ASSOCIATION.]

Repealed by Bom. 48 of 1950, s 15.+

SECTION 31A:

[Repealed by Bom. 17 of 193 1, s 3.]

SECTION 32: DECLARATION OF RESULTS OF ELECTIONS

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

SECTION 33: ELECTION PETITIONS TO BE HEARD AND DISPOSED OF BY CHIEF JUDGE OF THE SMALL CAUSE COURT

(1) If the qualification of any person declared to be elected for being a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection 3[by the State Election Commissioner] of a nomination or of the improper reception of refusal of a vote, or for any other cause 4[or if the validity of the election of a person is questioned on the ground 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 5[ten days] 6[from the date, on which the list prescribed under clause (k) of section 28 was available for sale or inspection7[***]apply to the Chief Judge of the Small Cause Court. 8[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 9[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.]

10[(I A) 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.]

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1. This portion was substituted by Mah. 41 of 1994, s 29.

2. Sub-section (2) was deleted, by Bom 48 of 1950. s 16 ( 1).

3. These words were substituted by Mah. 41 of 1994, s 30(a).

4. This portion was inserted by Born. 54 of 1955, s 7(l).

5. These words were substituted for the words "Fifteen" by Mah.10 of 1998, s.6

6. These words were substituted for the original words by Born. I of 1925, s 12.

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

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

9. These words were substituted by Mah. 41 of 1994, s 30(a).

10. Sub-section (I A) was inserted by Born. I of 1946, s 14, read with Bom 8 of 1948, s 4.

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(2) If the said Chief Judge, after making such inquiry as he deems necessary, finds that the election was valid election and that the person whose election is objected to is not disqualified he shall confirm the declared result of the election. 1[If he finds that the person whose election is objected to be disqualified for being a councillor be 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. 2* * * * * * *

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

3[(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.

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(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.

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

2. 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

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

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

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SECTION 34: 1[PROCEDURE IF ELECTION FAILS OR IS SET ASIDE

2[(I) If at any general election or on election held to fill a casual vacancy, no councillor is elected, or the election of any councillor is 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 3[the State Election Commissioner] shall appoint another day for holding afresh election and afresh 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 Councilors by 1[State Government]

SECTION 35: [APPOINTMENT BY 4[STATE] GOVERNMENT OF COUNCILORS WHEN TO BE MADE.]

Repealed by Bom.13 of 1938, s.14

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1. Section 34 was substituted for the original section by Bom 28 of 1935, s 4.

2. This sub-section was substituted by Mah. 8 of 1965, s.16.

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

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

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Proceedings of the Corporation

SECTION 36: PROVISIONS REGULATING THE CORPORATION'S PROCEEDINGS

The corporation shall meet for the despatch of business and shall from time to time make such regulations with respect to the summoning, notice, place management and adjournment of such meetings, and generally with respect to the mode of transacting a and managing the business of the corporation 1[including the submission, asking and answering of questions under section 66A] as they think fit, subject to the following conditions:

2[(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 of 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 councillor 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 3[inclusive of the presiding authority, falls short 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, [whether there is a quorum present] thereat or not;

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1. These words, figures and letter were inserted by Bom 23 of 1930, s 2(1).

2. Clauses a, b c, d were inserted by Mah. 27 of 1999, s 5.

3. These words were substituted for the words falls short of twenty-five inclusive of the Presiding Authority" by Bom 7 of 1950, 1 S. 8(ii).

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2[(g) every meeting shall be presided over by the Mayor if he is present at the time 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".]

(h) at least seven clear days' notice shall ordinarily be given of every meeting, other than an adjourned meeting, but in case 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 3[by not less than four members of the Standing Committee], upon a notice of less than three 4[clear days and of adjourned meeting, such previous notice shall be given as shall be practicable having regard to the period of the adjournment;

(i) 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 5[other than, questions under section 66A] and shall be given by the municipal secretary by advertisement in the local newspaper.

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(k) any councillor who desires at any meeting to bring forward any business 7[other than any questions under section 66A] or to make any substantive 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 supplementary 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.

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1. These words were substituted for the words "whether there be a quorum of twenty-five members present" by Bom 7 of 1956.

2. Clause (g) was substituted by the Mumbai Municipal Corporation (Amendment) Act 27 of 1999, s 5(b), (w.e.f. 23-4-1999).

3. These words were substituted for the words "by the Mayor" by the Mumbai Municipal Corporation (Amendment) Act 27 of

1999.s. 5(b), Act 27 of 1999, s 5(c)(i), (w.e.f.23-4-1999).

4. These words were substituted for the words "clear days of adjourned meetings" by the Mumbai Municipal Corporation (Amendment) Act 27 of 1999, s 5(c)(ii), (w.e.f. 23-4-1999).

5. These words figures and letter were inserted by Bom 23 of 1930, s 2(l).

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

7. These words, figures and letter were inserted by Bom 23 of 1930, s 2(iii).

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1[(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 0) and any question asked under section 66A or urgent business not specified in the said notice which the Standing Committee, the Improvements 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 Education Committee or the Commissioner, 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."

(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 mate, as the case may be; and no proposition involving any change in the taxes 2[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 0) or in the supplementary announcement, if any, published under clause (k), or unless, in the case of an adjourned meeting, each of the conditions mentioned in the proviso to clause (n) has been fulfilled;

3(ma) notwithstanding anything contained in clauses (1) and (in), 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 un disposed of at the meeting from which the adjournment took place:

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1. Clause 1 was inserted by Mah. 27 of 1999, s 5(d), (w.e.f. 23-4-1999).

2. This words were substituted for the words "proposed to be imposed" by Mah. 27 of 1999, s 5(e), (w.e.f. 23-4-1999).

3. Clause (ma) were inserted by Mah. 27 of 1999, s 5(f).

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Provided that at any adjourned meeting at which a budget-estimate is under consideration a proposition involving any change such is as 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;

(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 at 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 naya paise or such other amount as may be fixed by the Corporation but not exceeding two rupees];

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1. This word was substituted for the word "three" by Born. 76 of 1948, s 2.

2. These words were substituted for the words "be drawn up and fairly entered" by Mah. I of 1964, s 2(a).

3. These words were inserted by Mah. I of 1964, s 2(b).

4. These words were substituted for the words "a fee of eight annas"; by Mah. I of 1964, s 2(c).

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(p) a councillor shall not vote or take part in the discussion of any matters before a meeting 1[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 (1), both inclusive, of section 16, or in which he is professionally interested on behalf of a client, principal or other person;

2(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 fig respectively for or against the proposition shall be recorded in the minute-book;

3(t) 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 Corporation and of taking part in the discussion thereat as a councillor; and with the consent of a majority of the councillors present, ascertained by a show of hands, without discussion, 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, the Director or the Deputy Commissioner desires to make a statement or explanation of facts at a meeting and the consent as aforesaid is not given, the Commissioner, the Director or the Deputy Commissioner 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;

(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.

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1. These words, figures and letter were inserted by Bom 23 of 1930, s 2(v).

2. Clause (q) was inserted by the Mumbai Municipal Corporation (Amendment) Act 27 of 1999, s 5(g)

3.Clause (t) and (u) were inserted by the Mumbai Municipal Corporation (Amendment) Act 27 of 1999, s 5(h), (w.e.f. 23-4-1999).

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SECTION 36A: 1[POWER TO ORDER WITHDRAWAL OF MEMBER

(1) The 1[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 2[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:

Provided that the 2[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 2[presiding authority] may, in the case of grave disorder arising in the meeting, suspend the meeting for a period not exceeding three days].

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

2. The words "presiding authority" were substituted for the word "President" by Born. 21 of 193 1. s 2(ii)

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'[Mayor]

SECTION 37: 2[MAYOR AND DEPUTY MAYOR.

3[(1) The Corporation shall, subject to the provisions of sub-section (2), at its first meeting after the general elections, elect from amongst the Councillors one of its member to be the Mayor and another to be the Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years:

Provided that, the term of the Mayor and the Deputy Mayor in office on the date of coming into force of the Maharashtra Municipal Corporations (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.

(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, 1999, the term of office of the Mayor, who is in office on the said date, shall be 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 enters 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 any time 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 convenient after the occurrence of the vacancy, choose one of its number to fill the vacancy and every Mayor or Deputy Mayor so elected shall hold office so long only as the person in whose place he is appointed would have been entitled to hold it if the vacancy had not occurred.

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1. The word "Mayor" was substituted for the original words by Born. 21 of 193 1, s 2(i)

2. Section 37 was substituted by the Mumbai Municipal Corporation (Amendment) Act 27 of 1999, s 6, (w.e.f. 23-4-1999).

3. Subsection (1) was substituted by Mah. 25 of 2000, s 2 w.e.f. 4-3-2000.

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SECTION 37IA-I: LEADER OF THE HOUSE

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

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

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

SECTION 371A: LEADER OF OPPOSITION

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

Explanation. -Where there are two or more parties in the opposition, having the same numerical strength, the Mayor shall, having regard to the status of the party, recognise 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."

Honoraria, fees and allowances

SECTION 37A: HONORARIA, FEES OR ALLOWANCES

(1) With the previous sanction of the State Government, the Corporation may pay 4[Mayor and Deputy Mayor] each councillor such honoraria, fees or other allowances as may be prescribed by rules made by the Corporation under this section.

5[Provided that the non-councillor members of the Education Committee shall be paid a fee of rupees one hundred per them in lieu of honorarium and sitting-allowance and the maximum of such fees shall not exceed rupees four hundred per month];

6[(2) The Corporation shall place at the disposal of the Mayor, 7[annually, such amount as sumptuary allowance, as the State Government may, from time to time, by an order determine.]

(3) Notwithstanding anything contained in section 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.]

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1. Section 37TA-1 was inserted by Mah. 11 of 2002, s 3.

2. Section 37-IA was substituted for the old section 37-IA to 37-lE by Mah. Act 27 of 1999, S. 7,(w.e.f. 23-4-1999).

3. The heading and Section 37A were inserted by Bom 13 of 1958, s 2.

4. These words were substituted for the words "the Chairperson of the Corporation, the Deputy Chairperson, the Mayor, the Deputy Mayor, the Member of the Mayor-in-Council and" by Mah. 27 of 1999. s 8(a)(i) (w.e.f. 23-4-1999).

5. This proviso was inserted by Mah. 27 of 1999, s 8(a) (ii) (w.e.f. 23-4-1999).

6. Sub-section (2) was substituted by Mah. 8 of 1992, s 2.

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37B.][* * * * * * * *]

Committees

SECTION 38: APPOINTMENT OF CONSULTATIVE COMMITTEES FOR SPECIAL PURPOSES

The corporation may from time to time appoint 2[as laid down by the regulations made in this behalf] out of their own body such and so many committees consisting of such number of persons, and may refer to such committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as they shall think fit.

SECTION 38A: 3[SPECIAL COMMITTEE OF THE CORPORATION

(l) The Corporation may, from time to time appoint, out of their own body, special committees including the Women and Child Welfare 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 appropriated 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 Chairperson:

Provided that, no member shall, at the same time, be the Chairman of more than one special committee:

Provided further that, the Chair person 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.

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1. This section was deleted by Mah. 27 of 1999, (w.e.f. 23-4-1999).

2. These words were inserted by Mah. 10 of 1998. s 13.

3. Sections 38A to 50S were substituted for section 38A by Mah. 27 of 1999. s 10, w.e.f. 23-4-1999.

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SECTION 38B: 1[SPECIAL COMMITTEES OF THE STANDING COMMITTEE THE IMPROVEMENTS COMMITTEE OR THE EDUCATION COMMITTEE]

The Standing Committee, the Improvements Committee or the Education Committee may, from time to time, by a resolution, carried by a vote of at least two-thirds of their members present at the meeting delegate to any special committee appointed under section 38A any of their powers and duties in respect of any matter with which such special committee are 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 there 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 Education Committee, as the case may be, to the corporation as soon as possible, and the corporation may at any time cancel such resolution.

SECTION 38C: APPOINTMENT OF SUB-COMMITTEES BY THE IMPROVEMENTS COMMITTEE

]

The Improvements Committee may from time to time appoint out of their own body sub-committees consisting of such number of persons as the Improvements Committee may think fit and may refer to such sub-committees for inquiry and report or for opinion any matter with which the Improvements Committee is competent to deal under the provisions of this Act.

SECTION 39: APPOINTMENT OF PRIMARY EDUCATION CONSULTATIVE COMMITTEE

(1) The Corporation may appoint a Primary Education 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 (q) of section 61.

SECTION 40: COMMITTEE MAY BE APPOINTED FOR OTHER EDUCATIONAL PURPOSES

The Corporation may, for the purpose of giving effect to measures and arrangements in furtherance of secondary education or any branch of technical or other instruction, appoint or join in appointing a committee as 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.

SECTION 41: APPOINTMENT OF HOSPITAL COMMITTEE

The Corporation, either singly or in concurrence with the State Government, may appoint a Hospital Committee with such constitution, powers and duties with respect to hospitals and institution, 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.

SECTION 42: CONSTITUTION OF STANDING COMMITTEE

The Standing Committee shall consist of twenty seven councillors.

SECTION 43: MEMBERS OF THE STANDING COMMITTEE WHEN TO BE APPOINTED

(1) The Corporation shall at their first meeting in the month of April, after general elections, appoint twenty six persons out of their own body to be members of the Standing Committee.

(2) The Chairman of the Education Committee shall also be a member of the Standing Committee.

SECTION 44: APPOINTMENT OF CHAIRMAN OF STANDING COMMITTEE

(1) The Standing Committee shall at their first meeting in each official year appoint one of their own number to be their Chairman until the first 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.

SECTION 45: MEMBERS OF STANDING COMMITTEE TO RETIRE BY ROTATION

(a) One-half of the members of the Standing Committee shall retire at noon on the first day of April every year.

(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.

(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 for the term of his office for the purposes of this clause shall be computed from the date of his re-election.

(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.

SECTION 46: APPOINTMENT OF MEMBERS OF STANDING COMMITTEE TO REPLACE THOSE WHO RETIRE

(1) The Corporation shall at their ordinary meeting in the month of March appoint fresh members of the Standing committee to fill the office of those previously appointed by them who retire from time to time as aforesaid.

(2) Any councillor who ceases to be a member of the Standing Committee shall be re-eligible.

SECTION 46A: MEMBER OF STANDING COMMITTEE ABSENTING HIMSELF FOR THREE MONTHS FROM MEETINGS TO VACATE SEAT

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

SECTION 47: CASUAL VACANCIES IN THE STANDING COMMITTEE HOW TO BE FILLED UP

In the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death, resignation or disqualification of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 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.

SECTION 48: EACH STANDING COMMITTEE TO CONTINUE IN OFFICE TILL A NEW COMMITTEE IS APPOINTED

The Standing Committee in existence on the day for the retirement off councillors shall continue to hold office until such time as a new Standing Committee is appointed under section 43, notwithstanding that the members of the said Committee or some of them may no longer be Councillors.

SECTION 49: PROVISIONS REGULATING THE PROCEEDINGS OF THE STANDING COMMITTEE

The Standing Committee shall meet for the despatch of business in the chief municipal office and may, from time to time, make such regulations with respect to such meetings and with respect to the scrutiny of the municipal accounts as they think fit, subject to the following conditions:

(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;

(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 absence, 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 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 members 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 subcommittee,

(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 (1) both inclusive, of section 16 or in which he is professionally interested on behalf of a client, principal or other persons;

(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 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.

SECTION 49A: IMPROVEMENTS COMMITTEE TO BE CONSTITUTED FOR THE PURPOSE OF CARRYING OUT THE IMPROVEMENT OF THE CITY

The Corporation shall appoint a Committee to be called the Improvements Committee for the purpose of the improvement of the City, in accordance with the provisions of this Act, and subject to such conditions and limitations as are in this Act contained.

SECTION 49B: CONSTITUTION OF THE IMPROVEMENTS COMMITTEE

The Improvements Committee shall consist of twenty six councilors.

SECTION 49C:

MEMBERS OF IMPROVEMENTS COMMITTEE WHEN TO BE APPOINTED

The Corporation shall, at their first meeting in the month-of April after each general election, appoint twenty six persons out of their own body to be members of the Improvements Committee.

SECTION 49D: APPOINTMENT OF CHAIRMAN OF IMPROVEMENTS COMMITTEE

(1) The Improvements Committee shall at their first meeting appoint one of their members to be their Chairman until the first meeting of the 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-eligibility

(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.

SECTION 49E: MEMBERS OF IMPROVEMENTS COMMITTEE TO RETIRE BY ROTATION

(a) One-half of the members of the Improvements Committee shall retire at noon on the first day of April every year..

(b) The members who shall retire one year after the Improvements 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.

SECTION 49F: APPOINTMENT OF MEMBERS OF IMPROVEMENTS COMMITTEE TO REPLACE THOSE WHO RETIRE

(1) The Corporation shall at their ordinary meeting in the month of March appoint fresh members of the Improvements Committee to fill the offices of those previously appointed by them who retire, from time to time, as aforesaid.

(2) Any councillor who ceases to be a member of the Improvement Committee shall be re-eligible.

SECTION 49G: CASUAL VACANCIES IN THE IMPROVEMENTS COMMITTEE HOW TO BE FILLED UP

In the event of non-acceptance of office by a councillor appointed to be a member of the Improvements Committee or of the death, resignation or disqualification of a member of the said committee or of his becoming incapable of acting previous to the expiry of his term of office or of his 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 occurred.

SECTION 49H: IMPROVEMENTS COMMITTEE, TO CONTINUE IN OFFICE TILL A NEW COMMITTEE IS APPOINTED

The Improvements Committee in existence on the day for the retirement of councillors shall continue to hold office until such time as a new Improvements Committee is appointed under section 49C, notwithstanding that the members of the said committee or some of them may no longer be councillors.

SECTION 49I: PROVISIONS TO REGULATE THE PROCEEDINGS OF THE IMPROVEMENTS COMMITTEE

The Improvements Committee shall meet for the despatch of business in the Chief Municipal Office and the Said Committee may, from time to time, make such regulations with respect to such meetings as they think fit, subject 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 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 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;

(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 or interest such as is described in clauses (g) to (1) 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 latter, 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 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;

(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.

49[.****************************************]

SECTION 50: CONSTITUTION OF BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT COMMITTEES AND TERM OF OFFICE OF ITS MEMBERS

(1) The Corporation shall appoint a Committee to be called the Brihan Mumbai Electric Supply and Transport Committee for the purpose of conducting the Brihan Mumbai Electric Supply and Transport Undertaking in accordance with the provisions of this Act, and subject to such conditions and limitations as are in this Act contained.

(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 person, 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 at least 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

(c) During the succeeding years, the member 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 term of the office for the purposes of this clause shall be computed from the date of his re-election.

(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.

SECTION 50A: TERM OF OFFICE OF MEMBERS OF BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT COMMITTEE

(1) Any person who, having been appointed as a Member of the Brihan Mumbai Electric Supply and Transport Committee,

(a) becomes disqualified for being a Member of the committee under the provisions of sub-section (5) of section 50; or

(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 unusable 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 subsection (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.

SECTION 50B: CASUAL VACANCIES HOW TO BE FILLED UP

In the event of non-acceptance of office by any person appointed to be a member of the Brihan Mumbai Electric Supply and Transport Committee or of the death, resignation or disqualification of a member of the committee, or of his becoming incapable of acting, or of his office becoming vacant under the provisions of section 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.,

SECTION 50C: CHAIRMAN OF BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT COMMITTEE

(1) The Brihan Mumbai electric Supply and Transport Committee shall, after their appointment, at their first meeting in each official year appoint one of their members who is, a councillor, to be the Chairman until the first meeting of the Committee in the next official year.

(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.

(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 members being Councillor, to fill such vacancy and the Chairman as 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.

SECTION 50D: MEETINGS OF BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT COMMITTEE

(1) Brihan Mumbai Electric Supply and Transport Committee shall meet for the despatch of business at such place as the Committee may from time to time decide, and until a decision has been taken to meet elsewhere, shall meet in the Chief municipal office.

(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 I 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;

(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 in minute of the names of the members present and of the Proceedings a 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 (1), 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.

SECTION 50E: FEES FOR ATTENDANCE AT MEETINGS OF BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT COMMITTEE

The Chairman and members of the Brihan Mumbai Electric Supply and Transport Committee shall be paid such fees for attending meetings of the Committee as may be prescribed by the rules framed the Corporation under this section with the sanction of the State Government.

SECTION 50F: SUB-COMMITTEES OF THE BRIHAN MUMBAI ELECTRIC SUPPLY AND TRANSPORT COMMITTEE

(l) The Brihan Mumbai Electric Supply and Transport Committee may, from time to time, appoint out of their own body sub-Committees consisting of such number of persons as the Committee may think fit.

(2) The Committee may by specific resolution carried by the vote of least two-third of their number present at the meeting delegate any of the 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.

SECTION 50G: CONSTITUTION OF EDUCATION COMMITTEE

(1) The Corporation shall appoint a Committee to be called the Education Committee for the purpose of giving effect to the provisions to primary education in this Act or in other law for the time being force.

(2) The Education Committee shall consist of twenty six members; from 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;

(d) who possess such other qualifications as the Corporation determine in this behalf.

SECTION 50H: MEMBERS OF EDUCATION COMMITTEE WHEN TO BE APPOINTED

The Corporation shall, as soon as may be, after the commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999, thereafter at their first meeting in the month of April, after every general election, appoint sixteen duly qualified persons to be members of Education Committee.

SECTION 50I: DISQUALIFICATIONS OF MEMBERS OF EDUCATION COMMITTEE

(1) A person shall I not be eligible for appointment as a member of the Education Committee;

(a) if he is directly or indirectly interested in any immovable property on or in which any municipal school or office is located or in and institution or school which receives donation or grant-in-aid from Corporation; or

(b) if, not being a councillor he would have been disqualified for being elected 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 disqualifications 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.,

SECTION 50J: APPOINTMENT OF CHAIRMAN OF EDUCATION COMMITTEE

(1) The Education Committee shall, at their first meeting in each official year, appoint one of their own member, being a councillor, to be their Chairman until the first meeting of the Committee in the next official year.

(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:

SECTION 50K: MEMBERS OF EDUCATION COMMITTEE TO RETIRE BY ROTATION

(1) One-half of the councillor members and one half of the other members of the Education Committee shall retire at noon on the first day of April every year.

(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 e appointment.

SECTION 50L: APPOINTMENT OF MEMBERS OF EDUCATION COMMITTEE TO REPLACE THOSE WHO RETIRE

(1) The Corporation shall, subject to the provisions of Section 50H, at their ordinary meeting in the month of March, appoint fresh members of the Education Committee to fill the offices of those who retire from time to time as aforesaid.

(2) Any retiring member of the Education Committee shall be eligible for re-election.

SECTION 50M: CASUAL VACANCY IN EDUCATION COMMITTEE HOW TO BE FILLED UP

(1) In the event of non-acceptance of office by a person appointed to be a member of the Education Committee or of the death, resignation or disqualification of a member of the Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under sub-section (2) of section 501, 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.

SECTION 50N: EACH EDUCATION COMMITTEE TO CONTINUE IN OFFICE TILL NEW COMMITTEE IS APPOINTED

The Education Committee in existence on the day for the retirement of Councillors shall continue to hold office until such time a new Education Committee is appointed under Section 50H notwithstanding that the members of the said Committee or some of them may no longer be Councillors.

SECTION 50O: EDUCATION COMMITTEE TO ACT NOTWITHSTANDING DEFAULT ETC. IN APPOINTMENT OF MEMBER

The members duly appointed may perform all the functions legally pertaining to the Education Committee, notwithstanding default, delay or defect in the appointment of any member.

SECTION 50P: MEETINGS OF EDUCATION COMMITTEE

The Education Committee shall meet for the despatch of business in the Chief Municipal Office and may from time to time, make such 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 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 even 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 member 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 (1) both inclusive, of sub section (2) of 16 or in which he is professionally interested on behalf of a client, principal or other person;

SECTION 50Q: RIGHT OF MUNICIPAL COMMISSIONER AND EDUCATION OFFICER TO BE PRESENT

The Commissioner and the Education Officer and, in the absence of the Commissioner, any other officer authorised by the Commissioner in this behalf shall have the same right of being present at a meeting of the Education Committee and of taking part in the discussions thereat as a member of the said Committee, but none of them shall vote upon, or move any proposition at such meeting.

SECTION 50R: APPOINTMENT F SUB-COMMITTEES BY EDUCATION COMMITTEE

The Education Committee may from time to time appoint, out of their own body, sub-committees, consisting of such number q persons as the Education Committee may think fit, and may refer to such sub-committees for inquiry and report or for opinion any matter with which the Education Committee is empowered by or under this Act to deal.

SECTION 50S: ELECTIONS TO COMMITTEES TO BE BY PROPORTIONAL REPRESENTATION

Notwithstanding anything contained in this Act or the bye-laws made thereunder in the case of the following Committee, except where it is provided by this Act that the appointment of a Councillor to any Committee shall be by virtue of his holding any office, the appointment of Councillors to these Committees, whether in regular or casual vacancies, shall be made by the Corporation by holding elections in accordance with the system of proportional representation by means of a single transferable vote, at which voting shall be by secret ballot. The Corporation may make rules to regulate all matters for holding such elections:-

(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.

[Mode of appointment of Councillors to certain Committees]

SECTION 50T:

ELECTIONS TO COMMITTEES TO BE BY PROPORTIONAL REPRESENTATION

Deleted by Mah. 10 of 1998,s. 14.

WARDS COMMITTEES

SECTION 50TT: CONSTITUTION OF WARDS COMMITTEE

(1) the Corporation shall constitute not more than twenty-five Wards Committees each comprising such contiguous electoral wards as may be decided 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;

2[*

(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 organisation engaged in social welfare activities working within the area of the Wards Committee:

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

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

(3) The duration of the Wards 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.

(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 3[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].

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1. This heading and section 50-TT was inserted by Mah 41 of 1994, s 34.

2. This Clause was deleted by Mah. 27 of 1999. s (a)

3. These words were inserted by Mah. 27 of 1999, s I 1(b).

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PROVISIONS REGARDING VALIDITY OF PROCEEDINGS

SECTION 51: VACANCY IN CORPORATION OR IN ANY COMMITTEE NOT TO INVALIDATE THEIR PROCEEDINGS

No act or proceeding of the Corporation or of any committee appointed under this Act shall be questioned on account of any vacancy in the Corporation or in any such Committee, as the case may be.

SECTION 52: PROCEEDINGS OF CORPORATION, ETC., NOT VITIATED BY DISQUALIFICATION, ETC., OF MEMBERS THEREOF

No disqualification of, or defect in, the election or appointment 2[*****] of any person acting as a councillor or as the 3[Mayor] or presiding authority of the corporation or as the 4[Chairman] or 5[of the Standing Committee or any Committee or sub-Committee appointed under this Act shall be deemed to vitiate any act or proceeding of the corporation or Standing Committee

or 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.

SECTION 53: PROCEEDINGS OF MEETINGS TO BE DEEMED TO BE GOOD AND VALID UNTIL THE CONTRARY IS PROVED

Until the contrary is proved, every meeting of the corporation 6[******] or of 7[Committees or sub-Committees] in respect of the proceedings whereof a minute has been made and signed in accordance with this Act shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of 8[committees or Sub-Committees 9[* * *] such 10[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.

(F) THE MUNICIPAL COMMISSIONER

SECTION 54: APPOINTMENT OF THE COMMISSIONER

(1) The Municipal Commissioner for 12[Brihan Mumbai] shall be from time to time appointed by the 13 [14[State Government]. 15[He may hold office for such period not exceeding three years as the State Government may fix and his appointment maybe renewed by the State Government for a further period not exceeding three years:

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1. Section 51 was substituted for the original by Mah 10 of 1998, s 16.

2. Words "or co-option" which were added by Born, 6 of 1922, s 21 -A, and which were deleted by Bom 17 of 193 1, s 7.

3. The word "Mayor" was substituted for the original I word by Bom 21 of 1931, s 2(i).

4. These words were substituted for the word "Chairman" by Mah. 10 of 1998, s 17(a).

5. The words "of the Standing Committee" were deleted by Mah. 10 of 1998, s 17(b).

6. The words "or subcommittee'' were deleted by Mah. 10 of 1998, s 17(c).

17. The words "or Standing Committee" were deleted by Mah. 10 of 1998, s 17(d).

8. The words "or Standing Committee" were deleted by Mah. 10 of 1998, s 18(a).

9. The words "or subcommittee'' were deleted by Mah. 10 of 1998, s 18(b).

10. These words were inserted by Mah. 27 of 1999. a. 13.

11. This heading was substituted for the heading "(C) The Municipal Commissioner" by Bom 48 of 1950, s 26.

12. These words were substituted for the words "the City of Bombay" by Boni. 7 of 1950, s 6(1) 1).

13. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council,

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

15. This portion was substituted for the words "for a renewable period of three years" by Mah. 22 of 1968. s 2(a).

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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

(2)2[Notwithstanding the provisions of sub-section (1), the Commissioner shall) be forthwith removed by I [the '['[State] Government] from the office if at a meeting of the corporation not less [five-eight 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 the4[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:

'[Provided that when the Commissioner holds a lien on the service of the '['[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.]

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1. The words "after consultation with the corporation" shall be deemed to have been deleted with effect form I st 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. This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950

5. This portion was substituted for the words "for a renewable period of three years" by Mah. 22 of 1968, s 2(a).

6. These words were substituted for the words "sixty-four councillors" by Bom 7 of 1950, s 9.

7. This proviso was added by Born. I of 1925, s 14.

8. Sub-sections (3), (4) and (5) were added by Mah. 43 of 1984, s 8.

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THE DIRECTOR

SECTION 54A: APPOINTMENT OF THE DIRECTORIAL

(1) Subject to confirmation by the State Government, the corporation 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

SECTION 55: APPOINTMENT OF A DEPUTY MUNICIPAL COMMISSIONER

(1) Subject to confirmation by the 2[3[State] Government], the corporation may at any time, and from time to time, appoint a person to be a Deputy Municipal Commissioner, if it shall appear to it expedient so to do.

4[(I A) 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.

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1. This heading and section 54A were inserted by Mah. 53 of 198 1. s 8.

2. The words "Provincial Government" were substituted for the words "Governor in Council" 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. Sub-section (IA) was inserted by Born. 7 of 1950, s 10.

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SECTION 56: FUNCTIONS OF

COMMISSIONER 1

[THE DIRECTOR AND A DEPUTY COMMISSIONER.]

(1) 1[The Commissioner, the Director] or a Deputy Commissioner] 2[or an additional Deputy Commissioner] so appointed shall be subordinate to the Commissioner and, subject to his orders, shall exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him:

(2) Provided that-

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(b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to 1[the Director] or a Deputy Commissioner.]

4[(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 Commissioner, 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 (I).]

(3) All acts and things performed and done by 1[the Director or a Deputy Commissioner] 1[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.

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1. These words were substituted for the words "a Deputy Commissioner" by Mah. 53 of 198 1,- s 9(a).

2. These words were inserted by Bom. 7 of 1950. s I I (a).

3. Clause (a) was deleted by Bom I of 1897.

4. Sub-section (2A) was inserted by Bom 7 of 1950, s11 (b).

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SECTION 56A: APPOINTMENT OF DEPUTY MUNICIPAL COMMISSIONER (IMPROVEMENTS)

(1) Subject to the previous approval of 3[the 4[State] Government] the corporation shall, as soon as conveniently may be after the commencement of the City of Bombay Municipal (Amendment) Act, 1933, appoint a Deputy Municipal Commissioner to be styled the Deputy Municipal Commissioner (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 subject under this Act.

(3) A person appointed Deputy Municipal Commissioner (Improvements) 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:]

Provided that if such person is a municipal officer and due to retire under regulations made and applicable to him under Section 8 1 of 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.]

(4) The person appointed to be the Chief Officer, under section 26 of the City, of Bombay Improvement Trust Transfer Act, 1925, and holding that office at the commencement of the City of Bombay Municipal (Amendment) Act, 193 3, shall I be the Deputy Municipal Commissioner (Improvements) under this Act until the corporation shall have appointed a Deputy Municipal Commissioner (Improvements) under the provisions of sub-section (1) and until such Deputy Municipal Commissioner shall have entered on the discharge of the duties of his office.]

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1. These words were substituted for the words "a Deputy Commissioner" by Mah. 53 of 1981, s 9(c).

2. This section were inserted by Bom 13 of 1933, s 7.

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

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SECTION 56B: FUNCTIONS OF THE DEPUTY MUNICIPAL COMMISSIONER (IMPROVEMENTS)

(1) The Deputy Municipal Commissioner (Improvements) shall be subordinate to the

Commissioner land, subject to his orders, shall exercise 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 tenure of the said office and in virtue thereof shall for all purposes be deemed to have been performed and done by the Commissioner.]

REMUNERATION OF COMMISSIONER 3[DIRECTOR] AND DEPUTY COMMISSIONER

SECTION 57: SALARY OF THE COMMISSIONER

(1) The Commissioner shall receive 4[such monthly salary -5[as the 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 Actor in any other enactment for the time being in force.

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2. This Section were inserted by Bom 13 of 1933, s 7.

3. The word "Director" was inserted by Mah. 53 of 1981, s 10.

4. These words were substituted for the original words by Bom 13 of 1938, s 2(1).

5. 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.

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DUTIES WHICH MAY BE UNDERTAKEN BY THE COMMISSIONER OUTSIDE OF THIS ACT

(2) Provided that he may at any time

(a) hold the office of a trustee of the port of Bombay.

(b) with the sanction of the corporation, serve on any committee constituted for the purposes of any local inquiry or for the furtherance of any object of local importance or interest.

SECTION 58: REMUNERATION OF '[THE DIRECTOR] AND A DEPUTY COMMISSIONER.]

3[The Director and a Deputy Commissioner] shall receive such monthly salary 4[as the Corporation shall, from time to time, with the approval of the State Government, determine:

Provided that, the Salary of '[the Director or a Deputy Commissioner] shall not be altered to his disadvantage during his period of office.]

SECTION 58A: 6[REMUNERATION OF THE DEPUTY MUNICIPAL COMMISSIONER (IMPROVEMENTS)

The Deputy Municipal Commissioner (Improvements) shall receive such monthly salary 7[as the Corporation shall, from time to time, with the approval of the State Government, determine]:

Provided that the person holding office of the Chief Office under Section 26 of the City of Bombay Improvement Trust Transfer Act, 1925, at the commencement of the City of Bombay Municipal (Amendment) Act, 1933, shall, so long as he continues to be the Deputy Municipal Commissioner (Improvements) under the provisions of subsection 4 of Section 56A receive a monthly salary of rupees two thousand and five hundred:

Provided further that if the said person be appointed Deputy Municipal Commissioner (Improvements) under sub-section (1) of Section 56A he shall receive from the commencement of the City of Bombay Municipal (Amendment) Act, 1933 such monthly salary 1[* * * *] as the corporation shall from time to time, determine:

2[Provided also that, the salary of the Deputy Municipal Commissioner (Improvements) shall not be altered to his disadvantage during his period of office.

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1. Sub-section (3) was deleted, by Bom 13 of 1938, s 26(2).

2. These words were substituted for the words "A Deputy Municipal Commissioner" by Mah. 53 of 198 1, s I I (c).

3. These words were substituted for the words "A Deputy Municipal Commissioner" by Mah. 53 of 1981 s I I (a).

4. 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, w.e.f. 1-4-1966.

5. These words were substituted for words "A Deputy Municipal Commissioner" by Mah. 53 of 198 1, s 11(b).

6. New Section 58A was inserted by Born. 13 of 1933, s 8.

7. 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), w.e.f. 1-4-1966.

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PROVISIONS FOR ABSENCE TO THE COMMISSIONER 3[THE DIRECTOR] OR DEPUTY COMMISSIONER ON LEAVE

SECTION 59: GRANT OF LEAVE OF ABSENCE TO THE COMMISSIONER 4[THE DIRECTOR] OR DEPUTY COMMISSIONER

(l) Leave of absence may be granted, from time to time

(a) to the, Commissioner, by the 5[6 [State] Government, with the assent of 7[the Standing Committee];

(b) to 8[the Director or a Deputy Commissioner,] by 9[the Commissioner].

(2)Allowance whilst absent on leave.-The allowance to be paid to the Commissioner or 10[to the Director or a Deputy Commissioner] whilst so absent on leave shall be of such amount, not exceeding respectively the amount of the salary or the Commissioner 11[or the Director or Deputy Commissioner], as shall be fixed by the 5[6[State] Government] or the corporation, respectively: Provided that if the Commissioner

11[or the Director or Deputy Commissioner] is a 12[Government officer], the amount of such a] allowance shall I be regulated by the rules at the time in force relating to the leave allowances of officers of his class.

(3) Appointment and remuneration of acting Commissioner or 13[acting the Director or Deputy Commissioner.] --During any absence of the Commissioner or of 14[the Director or a Deputy Commissioner] the 5[6[State] Government) or the corporation may appoint a person to act as Commissioner or 15[as Director or Deputy Commissioner,] as the case may be. Every person so appointed shall exercise the powers and perform the duties conferred and imposed by this Act or by any other enactment at the time in force on the person for whom he is appointed to 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, 16[58 and 58A] for 17[the Commissioner, the Director and Deputy Commissioner,] as 18[the 19[State] Government] or the corporation, respectively, shall determine.

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1. The words "not exceeding rupees two thousand" were deleted by Mah. 10 of 1998, s 19

2. This proviso was added by Mah. 5 of 1970, s 3(b), w.e.f. 1-4-1966.

3. The word "Director" was inserted by Mah. 53 of 198 1, s 12

(a).

4. This word was inserted by Mah. 53 of 198 1, s 12(b)(ii).

5. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws Order in Council.

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

7. These words were substituted for the word "the Mayor-in-council" by the Mah. 27 of 1999, s 14(a).

8. These words were substituted for the word "A Deputy Commissioner" by Mah. 53 of 198 1, s 12(b)(i).

9. These words were substituted for the words "the Corporation" by Mah. 10 of 1998, s 20(b).

10. These words were substituted for the words "to a Deputy Commissioner" by Mah. 53 of 198 1, s 12(c)(i)

11. These words were substituted for the words "or Deputy Commissioner" by Mah. 53 of 198 1" s 12(c)(ii).

12. The words "Government Officer were substituted for the words "Servant of the Crown" by the Adaptation of Laws Order, 1950.

13. These words were substituted for the words "acting Deputy Commissioner' by Mah. 53 of 198 1, s 12(e).

14. These words were substituted for the words "a Deputy Commissioner" by Mah. 53 of 198 1, s 12(d)(i).

15. These words were substituted for the words "a Deputy Commissioner" by Mah. 53 of 198 1, s 12(d)(ii).

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Disqualifications of the 4[Director] and Deputy Commissioner

SECTION 60: 5[COMMISSIONER, THE DIRECTOR AND DEPUTY COMMISSIONER] NOT TO BE INTERESTED IN ANY 6[CONTRACT] WITH THE CORPORATION

(1) No person shall be qualified to be appointed or to be 7[or Director] or a Deputy Commissioner who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of the corporation

(2) Any 9[Director] or Deputy Commissioner who shall acquire directly or indirectly, by himself or his partner, any share or interest in any such contract 10[* *]as aforesaid shall cease to be 11[the 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 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.

(G) THE GENERAL MANAGER

SECTION 60A: APPOINTMENT OF GENERAL MANAGER

(1) The Corporation shall, subject to the approval of the 16[State]Government, appoint a fit person to be the General Manager of the Brihan Mumbai Electric Supply and Transport Undertaking who shall-

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1. The word, figures and letter "58 and 58A were inserted by Bom 13 of 1933, s 9.

2.These words were substituted for the words "a Commissioner and a Deputy Commissioner", by Mah. 53 of 198 1, s 12(d)(iii).

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 for the words "Provincial" by the Adaptation of Laws Order, 1950.

5. This word was inserted by Mah. 53 of 198 1, s 13(a).

6. These words were substituted for the words "Commissioner and Deputy Commissioner" by Mah. 53 of 198 1, s 13(c).

7. This word was substituted for the words "contract, etc.," by Mah. 42 of 1977, s 2(d).

8. These words were inserted by Mah. 53 of 198 1, s 13(b).

9. The words "or in any employment with, by or on behalf of the corporation other than as Commissioner or Deputy Commissioner. as the rase may be" were deleted by Mah. 42 of 1977, s 2(a).

10. This word was inserted by Mah. 53 of 198 1, s 13 (c)(i).

11 The words "or employment" were deleted by Mah. 42 of 1977, s 2(b).

12 These words were substituted E or the words "Commissioner or a Deputy Commissioner", by Mah. 53 of 198 1, s 13(c)(ii).

13. The words "or employment" were deleted by Mah. 42 of 1977, s 2(c).

14. This heading was substituted for the original heading "(D) The General Manager" by Bom. 48 of 1950, s 29.

15. Sections 60A to 60C were inserted by Born. 48 of 1948, s 7.

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

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(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 1[State] Government determine; 2[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 1[State]Government for a period not exceeding five years at a time.

(3) The General Manager. appointed by the corporation with the approval of the '[State] Government under Section II of the City of Bombay Municipal (Electric Supply and Transport) Act, 1947, shall be deemed to have been appointed under sub-section (1) and the period of his appointment shall be deemed to have commenced from the date on which he took up the duties of his office under the City of Bombay Municipal (Electric Supply and Transport) Ordinance, 1947, or the City of Bombay Municipal (Electric Supply and Transport) Act, 1947, as the case may be.

SECTION 60B: LEAVE OF ABSENCE TO GENERAL MANAGER

(1) Leave of absence may be granted from time to time to the General Manager '[by the Brihan Mumbai Electric Supply and Transport Committee with the assent of the Corporation].

(2) The allowance to be paid to the General Manager whilst so absent or leave shall I 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 4[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 Manager is liable and shall receive such monthly salary, not exceeding the salary of the General Manager, as the corporation shall determine.

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

2. These words were inserted by Mah. 5 of 1970, s 4.

3. These words were substituted for the words "by the Member-in-charge of the Brihan Mumbai Electric Supply and Transport Undertaking with the assent of the Mayor" by Mah. 27 of 1999, s 15(a).

4. These words were substituted for the words "Committee with the assent of the Corporation" by Mah. 10 of 1998, s21(b).

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SECTION 60C: DISQUALIFICATIONS OF GENERAL MANAGER

(1) No person shall be qualified to be appointed or to be General Manager who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of, the corporation

(2) 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.]

SECTION 60D: APPOINTMENT OF CHIEF ACCOUNTS OFFICER

(1) '[The Brihan Mumbai Electric Supply and Transport Committee] 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 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 '[The 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 the8[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;

(d) be removable at any time from office for misconduct, or

for neglect of or incapacity for the duties of his office, by 9[Brihan Mumbai Electric Supply and Transport Committee].

(2) The person who is a permanent holder of the office of the Chief Accounts Office r on the date immediately preceding the date of commencement of the Maharashtra Municipal Corporations (Amendment) Act, 1976, shall be deemed to have been appointed on the date of such commencement as the Chief Accounts Officer under sub-section (1)]

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1. The words "or in any employment with, by or on behalf of, the corporation other than as General Manager" were deleted by Mah. 42 of 1977, s 3(a).

2. The words "oil employment" were deleted, by Mah. 42 of 1977, s 3(b).

3. The words "or employment" were deleted of Mah. 42 by 1977, 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 by Mah. 25 of 1996 (w.e.f. 4.9.1996).

7. These, words were substituted for the words "the member -in-charge of the Brihan Mumbai Electric Supply and Transport Undertaking" by the Mah. 27 of 1999, s 16(b).

8. These words were substituted for the words "the Mayor-in-Council" by Mah. 27 of 1499, s16(c).

9. These words were substituted for the words "the Mayor-in-Council" by Mah. 27 of 1999, s 16(c)

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CHAPTER III DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES

Obligatory and Discretionary Duties of the Corporation

SECTION 61: MATTERS TO BE PROVIDED FOR BY THE CORPORATION

It shall be incumbent on the corporation to make adequate provision, by any means or measures which it is lawfully competent to them to use or to take, for each of the following matters, namely:

(a) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, urinals and similar conveniences;

1[(aa) planning for economic and social development;

(ab) urban forestry, protection of environment and promotion of ecological aspects];

(b) the construction and maintenance of works and means for providing a supply of water for public and private purposes;

(c) scavenging and the removal and disposal of excrementitiously and other filthy matters, and of all ashes, refuse and rubbish;

(d) the reclamation of unhealthy 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 purpose;

(f) the registration of births and deaths;

2[(ff) public vaccination in accordance with the provisions of the Bombay Vaccination Act, 1877;]

(g) measures for preventing and checking the spread of dangerous diseases;

2[(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 the regulation of all markets and slaughter-houses;

(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;

(1) the securing or removal of dangerous building and places;

(m) the construction maintenance, alteration and improvement of public streets, bridges, culverts, causeways and the like; '[and also other measures for ensuring the safe and orderly passage of vehicular and pedestrian traffic on streets]

(n) the lighting, watering and cleaning 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 '[subject always to the grant of building grants by '[the '[State] Government] in accordance with the Government Grant-in-aid Code for the time being in force]; the maintenance of a municipal office and of all public monuments and other property vesting in the corporation;

1[(s) the obligations imposed by the City of Bombay Municipal (Amendment) Act, 1933, upon the corporation arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925;]

1[(t) the improvement of 2[Brihan Mumbai].]

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1. Clauses (aa) and (ab) were inserted by Mah. 41 of 1994, s 35.

2. Clause (ff) and (gg) were inserted by Bom 3 of 1907, s 9(l).

3. See now the Maharashtra Vaccination Act, 1964 (Mah. 37 of 1964).

4. This words were inserted by Mah. 11 of 2002, s 4.

5. These words were added by Bom 3 of 1907, s 9(2).

6. The words "the Provincial Government" were substituted for the word "Government" 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.

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1. New clauses (s) and (t) were inserted by Born. 13 of 1933, s 10.

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

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SECTION 62: CORPORATION TO PROVIDE A MONTHLY SUM TO '[STATE] GOVERNMENT FOR MAINTAINING CERTAIN MEDICAL INSTITUTIONS IN 3[MUMBAI]

(1) The corporation shall also provide and pay to 4[the 2[State] Government] on the first day of every month a sum of thirty-four thousand five hundred and forty-one rupees ten annas and eight pies, and in consideration of such monthly payments 4[the 2[State] Government] shall continue to control and maintain the institutions specified in Schedule U.

(2) Notwithstanding anything contained in clause (gg) of Section 61, the corporation shall by such monthly payments be deemed to have made adequate provisions for the maintenance of the said institutions and shall not be liable for any further expenditure in connection therewith.]

SECTION 62A: FEES TO BE CHARGED BY THE CORPORATION IN PUBLIC HOSPITALS AND DISPENSARIES

In public hospitals and dispensaries established and maintained, and in connection with other measures carried out, under clause (gg): of section 61 such fees, if any, may be charged as may be prescribed by the corporation.]

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1. Sections 62 to 62D were substituted for section 62 by Bom 3 of 1907, s 10.

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

3. This words were substituted for the word "Bombay" by Mah. 25 of 1996 (w.e.f. 4.9.1996).

4. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

5. Sections 62 to 62D were substituted for section 62 by Bom 3 of 1907, s 10.

6. Sections 62A and 62C came into force on the Ist March, 1909, see B.G.G., 1909, Pt. 1, p. 229.

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SECTION 62B: EXTENT OF BENEFIT TO CORPORATION BY CHANGE IN POLICY OF '[STATE] GOVERNMENT IN REGARD TO THEIR LIABILITY IN RESPECT OF PRIMARY EDUCATION

If there should be at any time a change in the general policy of '[the '[State] Government] in regard to their liability in respect of primary education, the corporation shall be entitled to benefit by such change in policy to the same extent as a city municipality.]

SECTION 62BB: DIRECTIONS BY STATE GOVERNMENT REGARDING SUBJECTS ETC. IN SCHOOLS

The State Government shall have power to give to the corporation all such directions as it considers necessary in respect of subjects, curricular, text books and standards of teaching in primary schools vesting wholly or partly in the corporation and in schools wholly or partly maintained by grants payable from municipal fund and the corporation shall comply with such directions.]

SECTION 62C: PRIMARY SCHOOL AND SCHOOLS MAINTAINED BY GRANTS TO BE OPEN TO OFFICERS APPOINTED BY 2[STATE] GOVERNMENT FOR INSPECTION

(1) All primary schools vesting wholly or partly in the corporation and all schools wholly or partly maintained by grants payable from the municipal fund shall at all times be open to all officers appointed by '[the 2[State] Government] for the inspection of schools, and all reasonable facilities shall be given to any such officer for visiting any such school for the purpose of inspection or examination.

(2) Every recommendation made regarding any such school by any such officer shall be duly considered by the 3[corporation] and the 3[corporation] may thereupon take such action as may in their opinion be required and shall, if so requested by the 4[Director of Education], in any particular case, inform him of their decision and the action, if any, taken.

(3) In all matters connected with grants for the aid of primary schools other than municipal schools the 7[corporation] shall administer aid to schools complying with the necessary conditions in accordance with the provisions of the Government Grant-in-aid Code, subject to such modifications, if any, as may from time to time be made in the said Code by the Corporation with the previous sanction of 1[the 2[State] Government].

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1. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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

3. This section was substituted for the original section 62B by Bom. 15 of 1920, s 20.

4. Section 62BB was inserted by Bom. 48 of 1950, s 30.

5. Sections 62 to 62D were substituted for s 62 by Bom. 3 of 1907, s 10.

6. Sections 62A and 62C came into force on the Ist March, 1909, see B.G.G., 1909, Pt. 1, p. 229.

7 This word was substituted for the words "schools committee", by Bom 48 of 1950, s31.

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SECTION 62D: CORPORATION TO PROVIDE ANNUAL SUM FOR THE PRINCE OF WALES MUSEUM OF WESTERN INDIA

The Corporation shall provide and pay to the Trustees of the Prince of Wales Museum of Western India at the commencement of each official year a sum of fifty thousand rupees, for the purposes of the said Museum].]

SECTION 62E: CORPORATION TO PROVIDE FOR MAINTENANCE OF LUNATICS

3[(I)] The corporation shall make payments at such rates per head as 4[the 5[State Government] from time to time by general or special order, prescribe, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city which 4[the [State] Government] declares by notification to be suitable for such purpose, of pauper lunatics not being persons for whose confinement and order under Chapter XXXIV of the Code of Criminal Procedure 1898 of Criminal Procedure, 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:

[

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 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]:

Provided further that the rates prescribed by 2[the -3[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 maintenance and treatment the corporation shall be liable under this section.

4[(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 the asylum, hospital or house and shall furnish a copy thereof to the corporation.]

6[(a) slum improvement and upgradation

(aa) urban poverty alleviation

7[(b) the furtherance of educational objects other than those mentioned in clause (q) of section 61;

(d) the laying out or the maintenance of public parks, gardens or recreation grounds;

(e) the planting and care of trees on road sides and elsewhere;

(f) surveys of buildings or lands;

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1. This proviso was inserted by Bom 76 of 1948.

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 sub-section was inserted by Bom. 76 of 1948, s 4(2).

5. Clause (a) of this section was deleted by Born. 3 of 1907, s 11.

6. Clauses-(a) and (aa) were inserted by Mah. 41 of 1994, s 36.

7. Clauses (b) to (e) were substituted for the original clauses by Bom 12 of 1947, s 2(i)

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(g) registration of marriages;

1[(h) the taking of a census of the population];

(j) preparation and presentation of addresses to persons of distinction;

2[(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 conveyances 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 subsidising of any such undertakings

(jjc) the acquisition of immoveable or moveable property for any of the purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto, or the construction or adaptation of buildings necessary for such purposes];

3[(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 cooperative society, with the limited liability, established or to be established for providing any services 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;]

1(jje) welfare measures for the Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Numadic 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 as 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;

2[(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.]

3[(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 Trust Act, 1950 for establishing or running a hospital to provide medical facilities to the employees of the 4 4[Brihan Mumbai Electric Supply and Transport Undertaking] and the members of their families.]

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1. Clause (jjc) was inserted by Mah. 21 of 1989, s I I (a).

2. This was substituted for the portion beginning with the words "And with previous sanction'' and ending with the words "Greater Bombay" by Mah. 42 of 1977, s 4,-

3. Clause (m) was inserted by Mah. 21 of 1989, s I I (b).

4. These words were substituted by Mah. 25 of 1996 w.e.f. 4.9.1996.

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SECTION 63A: PERFORMANCE OF FUNCTIONS BY AGENCIES

Where any duty has been imposed on, or any function has been 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,-

(a) the Corporation may either discharge such duties or perform such functions or implement such scheme by itself; or

(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.

SECTION 63B: ENVIRONMENT STATUS REPORT

The 2[Commissioner] shall, before the 31st day of July every year, place before the Corporation a report on the status of environment within 3[Brihan Mumbai] 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.]

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1. Section 63A and 63B were inserted by Mah. 41 of 1994, s 37.

2. The word "Mayor" was substituted for the word "Commissioner" by Mah. 27 of 1999, s 17,

3. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996. w.e.f 4.9.1996.

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RESPECTIVE FUNCTIONS OF THE SEVERAL MUNICIPAL AUTHORITIES

SECTION 64: FUNCTION OF THE SEVERAL MUNICIPAL AUTHORITIES

(1) The respective functions of the several municipal authorities and of any Committee appointed under sections 39, 40, 41, 49A or 50 shall be such as are specifically prescribed in or under this Act.

(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, 2[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 91 dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;

(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 extended period is 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 also 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 and 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.

(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 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 the expression as defined in Section 130]

SECTION 65: CORPORATION MAY CALL FOR EXTRACTS FROM PROCEEDINGS, ETC. FROM COMMITTEES

The Corporation may at any time call for any extract from any proceedings of any Committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the Committee without unreasonable delay.]

SECTION 66: CORPORATIONS MAY REQUIRE THE 2[COMMISSIONER] TO PRODUCE DOCUMENTS AND FURNISH RETURNS REPORTS, ETC

(1) The corporation may at any time require the 2[Commissioner]

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1. Section 65 was substituted by Mah. 10 of 1998 s 25.

2. The word "Mayor" was substituted for the word "Commissioner" by Mah. 10 of 1998, s 26(a).

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(a) to produce any record, correspondence, plan or other document which is in his possession or under his control as 1[Commissioner] or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him;

(b) to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal government of 2[Brihan Mumbai] 3[except in regard to the 4[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 2[Brihan Mumbai] 3[except in regard to the 4[Brihan Mumbai Electric Supply and Transport Undertaking.]

(2) 5[Except as is otherwise hereinafter provided every] such requisition shall be complied with by the 6[Commissioner] without unreasonable delay; and it shall be incumbent on every municipal officer and servant to obey any order made by the 6 [Commissioner] in pursuance of any such requisition.

(3) Provided that if on such requisition as aforesaid being made, the 6[Commissioner] shall declare that immediate compliance therewith would be prejudicial to the interests of the corporation or of the public, it shall be lawful for him to defer such compliance until I a time not later than the second ordinary meeting of the corporation after he shall have declared as aforesaid. If at such meeting or any meeting subsequent thereto, the corporation shall repeat the requisition, and it shall then still appear to the 6[Commissioner] in expedient to comply therewith, he shall make a declaration to that effect, where on it shall be lawful for, the corporation 7[to elect one councillor, who with the Mayor and Chairperson of the Standing Committee (or, if Mayor is also Chairperson of the Standing Committee,- with the Mayor and one Member of their own body elected by the Standing Committee) shall form a Committee] who shall engage to keep secret, save as thereinafter provided, the existence and purpose of such documents and matter as may be disclosed to them; and to the said committee the 6[Commissioner] shall be bound to make known and to disclose all writings and matters within his knowledge, under his control, or available to him, and embraced within the requisition; and the said committee having taken cognizance of the information, writings and matters so laid before them shall determine, by, a majority in case of difference, whether or not the whole or any part, and which part, if any -of such matters ought to be disclosed to the corporation or kept secret for a defined time, which decision shall be conclusive and shall be reported to the corporation at the next ordinary meeting thereof, where also the 1[Commissioner] shall be prepared to produce documents and to make any report or statement requisite to give effect to the decision of the Committee when called on to do so by the corporation.

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1. This words was substituted for the word "Mayor" by the Mah

27 of 1999. s 19,(w.e.f. 23-4-1999).

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

3. These words were added by Born. 48 of 1948, s 9.

4. These words substituted for the words "Except as is hereinafter provided every" by Mah. 10 of 1998, s 26(b).

5. These words were substituted for the words "Every" by Mah. 27 of 1999, s 19.

6. The word "Mayor" was substituted for the word "Commissioner" by Mah. 10 of 1998, s 26(a).

7. These word were inserted by Mah. 27 of 1999, s 19(c).

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2[(4) The heads of departments subordinate to the '[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 1[Commissioner] the words "General Manager" and for the words "standing committee" the words 4[Brihan Mumbai Electric Supply and Transport Committee) had been substituted.]

SECTION 66A: RIGHT TO ASK QUESTIONS

(1) Subject to any regulations made in this behalf under Section 36, a councillor may question the 6[Commissioner] who shall answer any question 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 questions 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 I legal question or of a hypothetical proposition; or

(ii) which concerns or is connection with, either directly or indirectly, any in 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 charges 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.

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1. The word "Mayor" was substituted for the word "Commissioner" by Mah. 10 of 1998, s 26(a).

2. This sub-section was substituted for the original by Born. 48 of 1950, s 34.

3. This sub-section was added by Bom 48 of 1948, s 9.

4, These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, w.e.f. 4.9.1996.

5. New section 66A was inserted by Boni. 23 of 1930, s 3.

6. This word was substituted for the words "Mayor or any member of the Mayor-in-Council" by the Mah. 27 of 1999.

7. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996 (w.e.f. 4.9.1996).

8. These words were substituted for the words "His Majesty's possession" by the Adaptation of Laws Order, 1950.

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(2) The [Mayor] shall disallow any question which is, in his opinion, in contravention of the provisions of sub-section (1).

(3) If any doubt arises whether any question is or is not within the restrictions imposed by sub-section (1), the I [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 deferment 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.]

SECTION 66B: DISCUSSION ON URGENT PUBLIC MATTERS

(1) Any Councillor may give notice of raising discussion on a matter of urgent public importance to the Municipal Secretary specifying the matter 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 1[the Mayor or in his absence, the Deputy Mayor and circulate the same among the Councillors in such manner, as he may think fit.

(3) There shall be no formal resolution or voting.

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1. These-words were substituted for the word "Chairperson of the Corporation" by Mah. 27 of 1999, s 20(b).

2. These words were substituted for the word "Mayor or any member of the Mayor-in-council" by Mah. 27 of 1999. s.20(d).

3. This sub-section was added by Bom 48 of 1948, s 10.

4. These words were substituted by Mah, 27 of 1999, s 20(e).

5. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, w.e.f. 4.9.1996.

6. Section 66B and 66C were inserted by Mah. 10 of 1998, s 28.

7. These words were inserted by " the Chairperson of the Corporation, or in his absence, the Deputy Chairperson" Mah 27 of 1999 s 21.

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SECTION 66C: ASKING FOR STATEMENT FROM '[COMMISSIONER]

(1) Any Councillor may ask for statement to be made by the '[commissioner on an urgent matter relating to the administration of the Corporation by giving a notice to the 1[the commissioner] at least one hour before the commencement of the sitting on any day.

(2) The 1[Commissioner 2[***] 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 3[Mayor] more urgent and important.

(4) There shall be no debate on such statement at the time it is made.]

SECTION 67: EXERCISE OF POWERS TO BE SUBJECT TO SANCTION BY CORPORATION OF THE NECESSARY EXPENDITURE

The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act, which will involve expenditure, shall, except in any case specified in sub-section (2) of section 115 4[or of section 470DD] be subject to the following provisos, namely:

(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;

5[* *

(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.

6[(c) that, where the sanction of 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.)

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1. These words were substituted by " Chairperson of the Corporation of in his absence, the Deputy Chairperson'' by Mah. 27 of1999. s 22(b).

2. These words was deleted by Mah. 27 of 1999. s 22(c).

3. These words were substituted by "Chairperson of the Corporation or, the Deputy Chairperson" by Mah. 27 of 1999. s 22(d).

4. The words, figures and letter "or of Section 46ODD" were inserted by Born. 48 of 1948, s 11.

5. Word "and" was deleted by Mah. 42 of 1976, s 6(a).

6.Clause (c) was added, by Mah. 42 of 1976, s 6(b).

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SECTION 68: DELEGATION OF POWERS OF MUNICIPAL AUTHORITIES

Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation the 2[Mayor], Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be excercised, performed or discharged by any municipal officer to whom such powers, duties and functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf.]

SECTION 68A: POWERS, ETC. CONFERRED ON THE COMMISSIONER BY THE BOMBAY VACCINATION ACT, MAY BE EXERCISED BY ANY MUNICIPAL OFFICER EMPOWERED IN WRITING BY THE COMMISSIONER

Deleted by Mah. 10 of 1998, s 30.

SECTION 68AA: GOVERNMENT OFFICERS MAY BE EMPOWERED TO EXERCISE CERTAIN POWERS, ETC. OF THE COMMISSIONER

(1) Notwithstanding anything contained in section 68 or any other provisions of this Act, the State Government may, after consultation with the Commissioner, by order published in the Official Gazette, empower any Government officer, who is holding or has held an office, which in its opinion is not lower in rank than that of Additional Collector, either by name 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.

(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.

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1. Section 68 was substituted by Mah. 10 of 1998 s 29.

2. These words were substituted for the words "Mayor-in-Council, the Mayor, Member-in-Charge" by Mah. 27 of 1999, s.23.

3. Section 68A was deleted by Mah. 10 of 1998, s 30.

4. These section was inserted by Mah. 71 of 198 1, s 2.

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SECTION 68B: DELEGATION OF POWERS ETC. OF GENERAL MANAGER

Deleted by Mah. 10 of 1998, s 31.]

SECTION 69: POWER TO THE COMMISSIONER TO EXECUTE CONTRACTS ON BEHALF OF THE CORPORATION

With respect to the making of contracts under or for any purpose of this Act, the following provisions shall have effect, namely:

(a) every such contract shall be made on behalf of the corporation by the Commissioner;

(b) on 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;

[(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 ten lakhs but not exceeding rupees fifteen lakhs, shall be made by the Commissioner unless the same is previously approved by the Mayo. For contracts involving expenditure in excess of fifteen lakh rupees, approval of the Standing Committee shall be necessary:

Provided that

, the total amount of all sanctions granted by the Mayor shall not exceed one crore rupees during a year:

Provided further that

, 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 to that effect shall be made by the Commissioner to the Corporation.]

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1. Section 68B was deleted by Mah. 10 of 1998, s 3 1.

2. Clause (c) was substituted by Mah. 11 of 2002, s 5. Prior to its substitution it read as under:--

[(c) no contract other than [a contract relating to the acquisition of immovable property or any interest therein or any light thereto which will involve an expenditure exceeding ten lakh rupees but not exceeding twenty lakh rupees shall be made by the Commissioner unless the same is approved by the Mayor. For contracts involving an expenditure in excess of twenty lakh rupees approval of the Standing committee shall be necessary."

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Provided that, the Standing Committee shall consider and dispose of the proposals made by the Commissioner for previous approval, within thirty days from the date of receipt thereof, failing which the previous approval to such contract shall be deemed to have been given by the Standing committee and a report to that effect shall be made by the commissioner to the Corporation;]

(e) the foregoing provisions of this section '[shall, as far as may be, apply] to every contract which the Commissioner shall have occasion to make in the execution

of this Act; and the same provisions of this section which apply to an original

contract shall be deemed to apply also to any variation or discharge of such contract.

SECTION 70: MODE OF EXECUTING CONTRACT

(1) Every contract entered into by the Commissioner on behalf of the corporation shall be entered into in such manner and form as would bind the Commissioner if such contract 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 required to be under sea], the same shall be sealed with the common seat 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 '[fifty thousand rupees] shall be in writing and shall be sealed with the common seal of the corporation 2[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 4 contract for work, the time or times within which the same or specified portions thereof shall be completed.

3[(IA) Notwithstanding anything contained in proviso (b) to sub-section (1) it shall be lawful for the Commissioner in the 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 instrument, if such work has already been performed or the materials or goods have already been supplied to his satisfaction.]

4[(2) The common seal of the corporation which shall remain in the custody of the Municipal Secretary, shall be affixed in the presence of 5[two members of' the standing Committee] to every contract or other instrument 6[(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 the said 5[two members of the standing Committee] in token that the same was sealed in 7[their] presence. 8[The signatures of the said members] shall be distinct from the signatures of any witnesses to the execution of any such contract or instrument.]

[Provided that, in the case of any contract entered into for the purposes of clause (q) of section 61, the sea] shall be so affixed in the presence of and contract shall be signed by, two members of the Education Committee in lieu of two members of the Standing committee]

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1. These words were substituted for the words "ten thousand rupees" by Mah. 10 of 1998, s 33(a).

2. These words, brackets and figure were inserted by Bom. 10 of 1935, s 2(l).

3. Sub-section (1A) was inserted by Bom 12 of 1936, s 4.

4. Sub-section (2) was substituted for the original sub-section by Bom 13 of 1933, s 13,

5. These words were inserted by Mah. 27 of 1999, s 25.(a).

6. These words and brackets were substituted for the words "other than a contract relating to the acquisition of immovable property or interact therein, or a right thereto" by Born. 10 of 1935, s 2(2).

7. These word was substituted for the word "his" by Mah. 27 of 1999, s 25(b).

8. These words were substituted for the words "The signatures of the said members" by Mah. 10 of 1998, s 33(h)(iii).

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SECTION 71: CONTRACT NOT BINDING ON THE CORPORATION UNLESS EXECUTED AS PRESCRIBED IN SECTION 70

No contract 2[of the nature specified in sub-section (2) of the last preceding section] not executed as in the 3(said] section provided shall be binding on the corporation.

SECTION 72: TENDERS TO BE INVITED FOR CONTRACTS INVOLVING EXPENDITURE EXCEEDING 4[RS. 50,000]

(l) Except as is hereinafter otherwise provided, the Commissioner shall, at least seven days before entering into any 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,] give notice by advertisement in the local newspapers, inviting tenders for such contract.

(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 provision 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,

6[(3) Provided that the Standing Committee or in the case of a contract to be entered for the purposes of clause (q) of Section 61, the Education Committee may authorize the Commissioner, for reasons which shall be recorded in their proceedings, to enter into a contract without inviting tenders as herein provided or without accepting any tender which he may receive after having invited them.]

SECTION 72A: POWER TO EXECUTE CONTRACTS WITH UNEMPLOYED ENGINEERS

Notwithstanding anything contained in this Act but subject to the terms and conditions, as may be determined by the State Government, by general or special orders, the Commissioner may enter into any contract for the execution Network, 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

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1. This proviso were inserted by Mah. 27 of 1999, s 25(d).

2. These words were inserted by Bom 13 of 1933, s 14(i)

3. The word "said" was substituted for the words "last preceding" by Born. 13 of 1933, s 14(ii),

4. These letters and figures were substituted for the letters and figures "Rs. 10,000" by Mah.10 of 1998, s 34(c).

5. These words were substituted for the words "ten thousand rupees" by Mah. 10 of 1998, s 34(a).

6. Sub-section (3) was substituted by Mali. 10 of 1998, s 34(b).

7. Section 72A was inserted by Mah. 11 of 2002, s 6.

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SECTION 73: SECURITY WHEN TO BE TAKEN FOR PERFORMANCE OF CONTRACT

The Commissioner shall require sufficient security for the due performance of every contract into which he enters under the last preceding section, and may, in his-discretion, require security for the due performance of any other contract into which he enters under this Act.

SECTION 73(1A): SAVING OF CONTRACTS UNDER CHAPTER XVIA

Nothing in sections 69 to 73, both inclusive, shall apply to contracts made under Chapter XVIA of this Act.

CHAPTER IV MUNICIPAL OFFICERS AND SERVANTS

[Special Engineer, City Engineer, Hydraulic Engineer, Executive Health Officer, Education Officer, Municipal Secretary, Municipal Chief Auditor and other Officers.]

SECTION 73A: APPOINTMENT OF SPECIAL ENGINEER

(1) The Corporation may as soon as conveniently may be after the coming into operation of the City of Bombay Municipal (Amendment) Act, 1947, appoint a Special Engineer to execute powers and perform duties in connection with all schemes for post-war reconstruction and general development of the city including schemes for water supply and slum clearance. A person appointed as Special Engineer shall hold the post for 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"]

SECTION 74: APPOINTMENT OF 5[CITY ENGINEER], EXECUTIVE HEALTH OFFICER AND HYDRAULIC ENGINEER

(1) The corporation shall appoint fit persons to be municipal 5[city engineer], municipal executive health officer, [and municipal hydraulic-engineer]

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1 This heading was substituted for the heading Special Engineer City Engineer Executive Health Officer and Hydrauh Engineer" by Born. 48 of 1950. s. 39.

2. Section 73A was inserted by Born. 4 of 1947, s.3.

3. These words were substituted for the words "a period of five years ˜by Born. 20 of 1952,s. 3. and shall be deemed to have been made on and to have effect from the 21.3-1952 [ s. 21(l) of Born. 20 of 1952.]

4, This word was substituted for the word ˜Provincial" by the Adaptation of Laws Order, 1905.

5. The words "City Engineer" were substituted for the original words "Executive Engineer" by Born. 19 of 1930. s. 6.

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(2) Each of the said officers shall,--

(a) be appointed for a renewable term of five years:

3[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 reappointment, he may be appointed or reappointed for a period of five years or a lesser period].

(b) devote his whole time and attention to the duties of his office;

4[(C)

receive such monthly salary as the corporation 5[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;]

6[* *****]

(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;

7[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 probationally, for a limited period only, to 8[any] of the said offices, previous to appointing him for the full term of five years;

(g) every appointment made under this section shall be subject to confirmation by 1[the '[State] Government].

3[(4) Any persons 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.

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1. The word "and" was deleted by Bom. 2 of 1911, s 2(a).

2. These words were added by Bom 2 of' 1911, s 2(a).

3. This proviso was added by Bom 76 of 1948, s 6.

4. This clause was substituted for the original by Bom 13 of 1938, s 28.

5. 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, w.e.f. 1-4-1966.

6. 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 3-4-1948 and has been deleted.

7. This clause was inserted by Bom 6 of 1916, s 3(3).

8. The word "any" was substituted for the word "either" by Bom. 2 of 1911, s 2(c).

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SECTION 75: TIME WITHIN WHICH VACANCY IN OFFICE OF 4[CITY ENGINEER] OR EXECUTIVE HEALTH OFFICER OR HYDRAULIC ENGINEER MUST BE FILLED UP

(1) On the occurrence of a vacancy in the office of 4[City engineer] or of executive health officer 5[or of hydraulic engineer] an appointment shall be made thereto by the corporation within four months from the date on which the vacancy occurred, or in the event of any appointment so made by them not being confirmed by '[the 2 [State] Government] within thirty days from the date of the receipt by the corporation of the order of 1[the 2[State] Government].

(2) In default of an appointment being made by the corporation as aforesaid, 1[the 2[State] Government] may appoint a person to fill the vacancy, and such appointment shall for all purposes be deemed to have been made by the corporation.

(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 6[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.

SECTION 76: EXECUTIVE HEALTH OFFICER TO BE THE CONSULTING OFFICER OF HEALTH UNDER BOMBAY ACT VI OF 1867

The executive health officer appointed under this Act shall be the consulting officer of health for the purposes of Bombay Act VI of 1867 (An Act for the better sanitary regulation of the City of Bombay).

EDUCATION OFFICER

SECTION 76A: APPOINTMENT OF EDUCATION OFFICER

The corporation shall from time to time appoint a fit person to be the Municipal Education Officer, who shall;

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The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian Laws order in Council

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

Sub-section (4) was inserted by Mah. 53 of 1981. s. 14.

The words "city engineer" were substituted for the words "executive engineer" by Bom. 19 of 1930. s. 6.

These words were inserted by Bom. 2 of 19l 3.

These words were substituted for the original words by Bom. 2 of 1900. s.

This heading and section 76A were substituted for the original by Born. 48 of 1950. s. 41.

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(a) be subordinate to the Commissioner and subject to his orders shall I exercise such of the Commissioner's powers and perform such of the Commissioner's duties in regard to primary 1[and Secondary] education, as the commissioner may from time to time assign to him;

(b) receive such monthly salary 2[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;

(c) be removable at any time from office by the Corporation for misconduct or for neglect of or incapacity for duties of the office.]

[APPOINTMENT OF MEDICAL OFFICERS IN CONNECTION WITH MEASURES OF PUBLIC MEDICAL RELIEF.]

SECTION 76B: CORPORATION TO APPOINT QUALIFIED MEDICAL PRACTITIONER TO THE CHARGE OF HOSPITALS MAINTAINED BY THE CORPORATION

The corporation shall from time to time appoint such legally qualified medical practitioners as may be necessary to the Charge of any hospital maintained by the corporation in connection with measures of public medical relief carried out under clause (gg) of Section 61 and determine their salaries.]

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1. These words were inserted by Mah. 21 of 1989, s 14

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 6, with effect from Ist April 1966.

3. This heading and s I ection 76B were inserted by Bom 3 of 1907, s 13(l).

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MUNICIPAL SECRETARY

SECTION 77: APPOINTMENT OF MUNICIPAL SECRETARY

(1) The 1[corporation] shall from time to time appoint a fit person to be municipal secretary.

(2) The municipal secretary shall be secretary of the corporation and also of 2[The Standing and Improvement Committee], and shall

(a) perform such duties as he is directed by this Act to per

form and such other duties in and with regard to, the corporation and 2[The Standing and Improvement Committee], as shall be required by him by those bodies respectively;

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

(i) the corporation and any committee appointed by the corporation 4[under Section 38 5[or 38A]]

6[(ii) The Standing Committee and any sub-committee thereof;

(iii) The Improvements Committee and any sub-Committee thereof, (i v) The Education Committee and any sub-Committee thereof];

(v) 7[the wards Committees]

8[(d) receive such monthly salary 9[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 10 * * * * Corporation.

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1 The word corporation was substituted for the original words standing committee by Bom 6 of 1922

2. These words were substituted for the words "the standing Committee and the Improvements Committee' by Mah. 10 of 1998, s. 35(a).

3. These words were substituted for the words "the standing Committee and the Improvements Committee' by Mah. I of 1998, s. 35(b).

4. These words, figures and letter were added by Bom. 48 of 1948, s.l4.

5. The words and figures "or 38A were deleted by Mab. 10 of 1998, s. 35(c)(i).

6. Sub-clauses (U), (iii) and (iv) were deleted by Mah. 10 of 1998, s. 35(c)(ii).

7. Sub-clause (v) was inserted by Mah. 41 of 1994, s. 38.

8. Clause (d) was substituted by Born. 48 of l950, s. 42(2).

9 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, 7, w.e.f. 1-4-1966.

10. The words were omitted by Born. 6 of 1922, s. 24(b).

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SECTION 78: APPOINTMENT OF CLERKS AND SERVANTS SUBORDINATE TO THE MUNICIPAL SECRETARY

(1) 2[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 servant and clerks respectively;

(c) prescribe or delegate to the municipal secretary the power of prescribing the duties of the said clerks and servants.

(2) Control, etc. of the said clerks and servants.-The municipal secretary, subject to the orders 3[of the Standing Committee], shall exercise supervision and control over the acts and proceedings of the said clerks and servants, 4[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.

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1. The words were omitted by Porn. 6 of 1922, s 24(b).

2. These words were inserted by Mah. 27 of 1999, s 28(a).

3. These words were substituted for the "of the Corporation" by Mah. 2' of 1999, s 28(b)(i)

4. These words were substituted for the words "and the Chairperson of the Corporation" by Mah. 27 of 1999, s 28(b)(ii).

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MUNICIPAL CHIEF AUDITOR.

SECTION 78A: APPOINTMENT OF MUNICIPAL CHIEF AUDITOR

(1) The corporation shall from time to time appoint a fit person to be municipal chief auditor, who shall

[(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 3[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 4[Standing Committee] and with regard to the audit of the accounts of the 5[Brihan Mumbai] Electric Supply and Transport Fund as shall be required for him by the corporation or by the 6[Brihan Mumbai Electric Supply and Transport Committee];

(b) devote his whole time and attention to the duties of his ;]

(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 on the votes of not less than two-thirds of the members present at a meeting of the corporation.

(2) The municipal chief auditor shall not be eligible for further office Under the corporation after he has ceased to hold his office.

SECTION 78B: APPOINTMENT, SALARIES, FEES, ALLOWANCES AND DUTIES OF ASSISTANT AUDIT ORS CLERKS AND SERVANTS SUBORDINATE TO THE MUNICIPAL CHIEF AUDITOR

(1) The 7[Standing Committee] may from time to time

(a) appoint such assistant auditors, clerks and servants to be immediately subordinate to the municipal chief auditor as they think fit;

(b) determine the nature and amount of the salaries, fees and allowances to be paid to the said assistant auditors, clerks and servants respectively;

(c) prescribe or delegate to the municipal chief auditor the powers of prescribing the duties of the said assistant auditors, clerks and servants.

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1. The heading and these sections were inserted by Bom 2 of 1938, s 3.

2. This clause was substituted for the original by Born. 48 of 1948, s 15.

3. These words were inserted by Mali. 34 of 1973, s 3.

4. These words were Substituted for the words "Municipal Accounts Committee" by Mali. 27 of' 1999. s, 29(a).

5. These words were substituted for the words "Bombay" by Mah. of 1996, S.

6. These words were substituted for the words "Brihan Mumbai Electric Supply and Transport Committee" by Mail: 10 of 1998, s 37(2).

7. This was substituted for the portion beginning with the words "not exceeding" and ending with the words "time to little determine" by Mah. 5 of 1970, s 8, w.e.f. 1-4-1966.

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(2) Control, etc., of the said assistant auditors, clerks and servants.-Subject to the orders of the 1[Standing Committee], the municipal chief auditor shall exercise supervision and control over the acts and proceedings of the said assistant auditors, clerks and servants, and the 1[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 assistant auditors, clerks and servants and their pay, privileges and allowances.]

2[Municipal Chief Accountant 9[Finance]

SECTION 78C: APPOINTMENT OF MUNICIPAL CHIEF ACCOUNTANT 9[FINANCE]

(l) The corporation shall from time to time appoint a fit person to be the Municipal Chief Accountant 9[Finance]. He shall

3[(a) be the Principal Municipal Finance Officer to advise the 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[** *]

SECTION 78D: APPOINTMENT OF MUNICIPAL CHIEF ACCOUNTANT 10[WATER SUPPLY AND SEWERAGE)]

The Corporation shall, from time to time, appoint a fit person to be the Municipal Chief Accountant 10[(Water Supply and Sewerage)]. He shall

(a) keep the accounts of the Water and Sewage Fund and the Consolidated Water Supply and Sewage Disposal Loan Fund and perform such duties with regard to the said accounts as shall be required of him by the Corporation or 8[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.]

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1. This word were substituted by "Mayor-in-council" Mah. 27 of 1999. s 30.

2. This heading and section 78C were inserted by Bom 48 of 1950. s 44.

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 beginning with the words "not exceeding" and ending with the words "time to time determined'' by Mah. 5 of 1970, s 9, w.e.f. 1-4-1966.

6. Sub-section (2) was deleted by Mah. 70 of 1975, s 5(b).

7. Section 78D was inserted by Mah. 34 of 1973, s 4.

8. These words were substituted for "Mayor-in-council" by Mah. 27 of 1999, s 32.

9. These word was inserted by Mah. 11 of 2002, s 7.

10. These words were inserted by Mah. 11 of 2002, s 8.

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SECTION 78E: APPOINTMENT OF MUNICIPAL CHIEF ACCOUNTANT 8[(TREASURY)]

The Corporation shall, from time to time appoint a fit person to be the 8[Municipal Chief Accountant (Treasury)]. He shall-

(a) be the Principal Municipal Treasury 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 on, 2[Standing Committee] or the Commissioner.

(b) devote his whole time and attention to the duties of his 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

SECTION 79: SCHEDULE OF OTHER OFFICERS AND SERVANTS TO BE PREPARED BY THE COMMISSIONER AND SANCTIONED BY THE STANDING COMMITTEE 3[OR THE EDUCATION COMMITTEE]

(1) The Commissioner shall, 4[*** *] from time to time, prepare and bring before the 2[Standing Committee] a schedule setting forth the designations and grades of the other officers and servants 6[other than 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.

7[(1A) The Commissioner shall from time to time, prepare and bring before the

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1. Section 78E was inserted by Mah. 70 of 1975, s 6.

2. These words were substituted for the words "Mayor-in-council" by Mah. 27 of 1999, s 33.

3. These words were inserted by Born. 48 of 1950, s 45(4).

4. Words omitted by Bom Act 16 of 1895.

5. These words were substituted for the words "Mayor-in-council" by Mah. 27 of 1999, s 34.

6. This portion was inserted by Born. 48 of 1950, s 45(l).

7. Sub-section (I A) was inserted by Born, 48 of 1950, s 45(2).

8.These word were inserted by Mah. 11 of 2002, s 9.

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'[Education Committee] a schedule setting forth the designations

and grade of the Officers and servants to be appointed for the purposes of clause (1) 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) The 2[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:

Provided that no new office of which the aggregate emoluments exceed 3[rupees five hundred] per month shall be created without the sanction of the corporation:

4[Provided further that the 5[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:]

6[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 as 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.]

7[(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.]

SECTION 80: RESTRICTION OF EMPLOYMENT OF PERMANENT OFFICERS AND SERVANTS

No permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under sections 8[ * *] 9[60A], 10[73A], 74,11[76A, and 76B], 77, 12 [78,78-A] 13 [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:

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1. These words were substituted for the words "Mayor-in-council" by Mah. 27 of 1999, s 34(1).

2. These words were substituted for the words "Mayor-in-council" by Mah, 27 of 1999, s.34(IA).

3. These words were substituted for the words "rupees two hundred" by Mah. 39 of 196 1, s 6.

4. These words was added by Born. 48 of 1950, s 45(3)

5. These words were substituted for the words "Mayor-in-council" by Mah. 27 of 1999, s 34(c)(ii).

6. This proviso was added by Mah. 7 of 1971, s 2.

7. This sub-section was added by Bom 76 of 1948, s 7.

8. The figures "39" were deleted by Born. 48 of 1950, s 46(l).

9. The figures and letter "60A" were inserted by Bom 48 of 1948, s 16.

10. The figures and letter "73A" were inserted by Bom 4 of 1947, s 5.

11. These figures, word and letters were inserted by Bom 3 of 1907, s 1 3(l).

12 These figures, word and letters were substituted for "or 78" by Bom 2 of 1938, s 4.

13. The word, figures and letters were substituted for the word, figures and letters "or 78B" by Bom. 48 of 1950, s 46(2).

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SECTION 80A: POWER OF APPOINTMENT IN WHOM TO VEST

(1) The power of appointing municipal officers, whether temporary or permanent, the posts which rank equivalent to, or higher than, the post 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

4[Provided that, temporary appointment 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; and 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 5[whether temporary or permanent, shall] vest in the Commissioner:]

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 [to a post] 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 8[Standing Committee or of the Education Committee, as the case may be].

9[Explanation 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 latter.]

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1. Proviso was deleted by Mah. 10 of 1998, s. 43.

2. Section 80A was added by Born. 6 of i922, s. 20.

3. These words were substituted for the words "to the posts with a minimum salary, exclusive of allowances, of rupees one thousand two hundred or more" by Mah. 33 of 1989, s. b(a)(i).

4. Proviso was substituted by Mah. 10 of 1998, s. 44(a).

5. These words were substituted for the original by Born. 76 of 1948. s. 8.

6. These provisos were added by Born. 76 of 948 s. 8 (ii).

7. These words were substituted for the words "to a post carrying a monthly salary of more than six hundred rupees exclusive of allowances" by Mah. 33 of 1989, s. 6(b).

8. These words were substituted for the words "The Standing Committee or the Education Committee, as the ease may be." by Mah.

10 of 1998, s. 44(b).

9. This Explanation was added by Mah. 33 of 1989, s. 6(c).

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SECTION 80B: MANNER OF MAKING APPOINTMENT

[(1) No person shall be appointed to a post-

3[(a) the power of appointment to which vests in the Corporation or the 4[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]

(b) the power of appointment to which vests 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 rules made under this section:]

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 7[and which ranks lower than the post of Executive Engineer setforth in the schedule for the time being in force prepared and sanctioned under Section 79.

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1. This section was substituted by Bom 48 of 1950, s 48.

2. Sub-section (1) was substituted by Mah. I I of 1964, s 5(a).

3. Clause (a) was substituted by Mah. 27 of 1999, s 36(ii)(a).

4. These words were substituted for the words "the Mayor-in-Council" by Mah. 27 of 1999, s 36(a)(i), w.e.f. 23-4-99.

5. Clause (b) was inserted by the Mah. Act 27 of 1999, s 35(a)(ii), (w.e.f. 23-4-1999).

6. This proviso was added by Mah. 34 of 1973, s 5.

7. This portion was substituted for the portion beginning with the words "and the minimum" and ending with the words "Per mensem" by Mah. 33 of 1989, s 7(c).

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(2) Nothing in sub-section (1) shall apply to any acting or temporary appointment for

a period not exceeding six months or to 1[appointments to such 2[non-technical] posts as may, from time to time, be specified by the State Government in consultation with the Commissioner when such posts are to be filled by promotion].

3[(2A) The provisions of sub-section (1) shall not apply also to appointment of any officer;

(a)4[*

(b) who is a member of the -Indian Administrative Service, 5[the Indian [Police Service or the Indian Audit and Account Service to any such post on foreign service conditions.]

(3) The State Government shall after consultation with the Corporation and Commissioner make rules for prescribing

(a) the procedure to be followed by the Commissioner in advertising the posts, calling for applications, scrutinising the same and selecting the candidates for interview;

6(b) the procedure to be followed by the Commission for selecting candidates and by the Corporation or the Brihan Mumbai Electric Supply and Transport Committee, as the case may be, for consultation with the Commission];

(c) the procedure for enabling the Municipal 7[Brihan Mumbai Electric Supply and Transport Undertaking] Officer or Officers to attend the interview to advise the Commission;

(d) the procedure to be followed in case there is a difference of opinion between the Commission and the appointing authority;

(e) the fees and other costs to be paid to the Commissioner by the Corporation 7[Brihan Mumbai] Electric Supply and Transport Undertaking,] as the case may be for consultation and other incidental matters;

(f) any other matter which is necessary or incidental for the purpose of consultation with the Commission.

8[(4) (a) In the case of posts referred to in clause (a) of sub-section (1)-the Corporation, and

(b) in the case of post referred to in clause (b) of sub-section the Brihan Mumbai Electric Supply and Transport Committee, shall with the previous sanction of the State Government, make rules prescribing the qualification to be possessed by candidates eligible for appointment to such posts

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These words were inserted by Bom 64 of 1953, s 3

2. These words were substituted for the words "ministerial" by Mah. 43 of 1983, s 11(2).

3. These sub-section was inserted by Bom 62 of 1954, s 2(l). This amendment shall be deemed to have been made on and to have effect from the 14th day of May 1954. [See s 2(2) of Bom 62 of 1954].

4. Clause (a) was deleted by Mah. 10 of 1998, s 45(b).

5. These words were substituted for the words "or Indian Police Service" by Mah. I of 1964, s 3.

6. Clause (b) was substituted by the Mah- Act. 27 of 1999.

7. These words were substituted by Mah. 25 of 1996, (w.e.f. 4.9.1996).

8. Sub-section (4) was substituted by Mah. I I of 1964, s 5(c).

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(5) The rules made under this section shall be published in the Official Gazette.

(6) '[(a)] Any rules made prescribing qualifications for appointment to any such post which were in force immediately before the Bombay Municipal Corporation and City of Bombay Primary Education (Amendment) Act, 1950, comes into force, shall continue in force and be deemed to have been made under this section unless and until they are superseded or amended by rules made under this section.

[(b) Any rules made prescribing qualifications for appointment to posts referred to in clause (b) of sub-section (1) which were in force immediately before the Bombay Municipal Corporation (Amendment) Act, 1964, comes into force, shall continue in force and be deemed to have been made under this section, unless and until they are superseded or amended by rules made under this section.]

(7) All fees paid to the Commission under this is section shall be credited to the State Government.

(8) All communications made by the Commission in regard to any matter relating to the appointment to any post for which it was consulted shall be deemed to be confidential and no discussion shall be permitted thereon in the Corporation, in the '[Standing Committee or the Brihan Mumbai Electric Supply and Transport Committee] or any Committee of the Corporation or no disclosure relating thereto shall be made in the public.]

LEAVE OF ABSENCE, ACTING APPOINTMENTS, ETC

SECTION 81: 3[STANDING COMMITTEE] TO FRAME REGULATIONS FOR GRANT OF LEAVE, ETC

(1) The '[Standing Committee] shall from time to time frame regulations in consonance with any resolution that may to be passed by the Corporation;

(a) fixed the amount and the nature of the security to be furnished by any municipal officer or servant from whom it may be deemed expedient to require security;

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1. Sub-section (6) was renumbered as clause (a) and clause (b) was inserted by Mah. II of 1964, s 5(d).

2. These words were substituted for the words "Mayor-in-Council" by the Mah. Act 27 of 1999.

3. These words were substituted for the words "Mayor-in-Council" by the Mah. Act. 27, of 1999.

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(b) regulating the grant of leave to municipal officers and servants;

(c) authorizing the payment of allowances to the said officer and servants, or to certain of them, whilst absent on leave;

(d) determining the remuneration to be paid to the persons appointed to act for any of the said officers or servants during their absence on leave;

1[(dd) authorizing the payment of travelling or conveyance allowance to the said officers and servants

(e) regulating the period of service of all the said officers and servants;

(f) determining the conditions under which the said officers and servants, or any of them, shall on retirement or discharge receive pensions, gratuities or compassionate allowances and under which 2[the surviving spouse or children and in the absence of the surviving spouse or children the parents brothers and sisters if any dependent on any of the said officers and servants, shall, after their death, receive compassionate allowances and the amounts of such pensions, gratuities or compassionate allowances;(g) authorizing the payment of contributions at certain prescribed rates and subject to certain prescribed conditions, to any pension or provident fund which may with the approval of the 3[Standing Committee], be established by the said officers and servants 4[or to such provident funds, if any, as may be established by the Corporation for the benefit or the said others and servants;]

5[(h) in general, prescribing any other conditions of service of the said officers and servants.

(2) Such regulations to be subject to confirmation by the corporation, and, if made under clause (f), by 6[State] Government.-No regulation made by the 3[Standing Committee] under this section shall have force or validity, unless and until it has been confirmed by the corporation, nor if it is made under clause (f), unless and until it has been confirmed by 7[the 6[State] Government].

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1 This clause was inserted by Born 12 of 1936 s 5(l)

2. These words were substituted for the original by Born .76 of 1948, s. 9.

3. These words were substituted for the words "Mayor-in-council" by Mah. .27 of 1999, s. 36.

4. These words were added by Born 6 of 1922 s 27(j) and the addition shall be deemed to have been made and to have had effect from such date as may be fixed by the corporation.

5. This clause was inserted by Born. 12 of 1936, s. 5(2).

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

7. The words "the Provincial Government" were substituted for the words "Government" by he Adaptation of Indian Laws Order in Council.

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SECTION 82: POWER OF APPOINTMENT IN WHOM TO VEST

Repealed By Bom VI of 1922.]

SECTION 83: 2[POWER OF SUSPENDING, REDUCING, REMOVING OR DISMISSING AND IMPOSING OTHER PENALTIES IN WHOM TO VEST]

(l) Every municipal officer and servant may be 3[reduced removed] or dismissed for any breach of departmental rules or discipline of for carelessness, unfitness, neglect of duty or other misconduct, by the authority by whom such officer or servant is appointed

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1. Section 82 repealed by Bom. VI of 1922, s.28, is omitted and the repeal shall be deemed to have been made and so have had effect from such date as may be fixed by the Corporation.

2. This Marginal note was substituted, by Mah. 8 of 1992, s. 5(d).

3. These words were substituted for the words "fined, reduced, suspended" by Mah. 8 of 1992, s. 5(a).

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(2)

Provided that

(a) No officer 1[appointed to a post, 2[to which the provisions of 3[sub-section (1) of section 80A] apply shall be dismissed by the Commissioner without the 4[previous approval of 5[the Standing committee or in case of an officer appointed for the purposes of clause (q) of section 61, of, the Education Committee];

6[(b) any officer appointed by the Corporation under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77,78A, 78C, 78D or 78E may be suspended by the Commissioner, -and every such suspension with the reasons therefor, shall be forthwith reported to the Corporation, and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension

7[(c)

any officer appointed by the Corporation otherwise than under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77, 78A, 78C 78D or 78E may, for any breach of departmental rules or discipline, or for. carelessness, unfitness, neglect of duty or other misconduct, be suspended by the Commissioner, or may, with previous approval I (of the.. Standing Committee or] in case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee] be reduced, removed or dismissed by the Commissioner;]

8[(d) any officer or servant immediately subordinate to the municipal chief auditor and drawing a salary not exceeding rupees two hundred and fifty per month exclusive of allowances may, subject to such conditions and limitations, if any, as the, 9(Standing Committee] may deem fit to prescribe, and subject to a right of appeal to the, 9(Standing Committee], be fined, reduced or suspended for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct by the municipal chief auditor.]

10[(3) The Municipal Commissioner may, for goods and sufficient reasons, impose following penalties on any municipal officer or servant, namely:

(i) censure;

(ii) recovery from salary, of the whole or part of any pecuniary loss caused by hi m to the Corporation by negligence, misconduct, breach of orders or rules;

(iii) fine;

(iv) withholding of an increment or increments, for a specified period or with a permanent effect;

(v) withholding of promotion including stoppage at an- efficiency bar

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1. These words were substituted for the words "whose monthly emoluments exceed rupees four hundred" by Mah. 5 of 1986, s 2.

2. These words, figures and letter were substituted for the words "the minimum monthly salary exclusive of allowances of which is rupees one thousand two hundred or more" by Mah. 33 of 1989, s 8.

3. These words, brackets, figures and letter were substituted for the word, figures and letter "Section 80A'' by Mah. 12 of 1990, S.4.

4. This word "previous" was inserted by Bom 19 of 1930, s 9.

5. These words were -substituted for the words, brackets and figures "the Standing Committee or in the case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee" by Mah. 10 of 1998, s 47(a).

6. This clause was substituted by Mah. 8 of 1992, s 5(b)(ii).

7. These words were substituted for the words "Mayor-in-council" by Mah. 27 of 1999, s 83(a).

8. This clause was added by Bom 76 of 1948, s 10.

9. These words were substituted for the words "Mayor-in-council" by Mah. 27 of 1999, s 83(c).

10. Sub-section (3) was added by Mah. 8 9 of 1992, s 5(c).

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SECTION 84: LEAVE OF ABSENCE BY WHOM TO BE GRANTED

(1) Leave of absence may be granted by the Commissioner, subject to the regulations at the time being in force under section 81, to any municipal officer or servant, the power of appointing whom is vested in him; and for a period not exceeding one month, to any other municipal officer, other than an officer immediately subordinate to the municipal secretary 1[or the municipal chief auditor).

2[*

* * *

* ]

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1. These words were inserted by Bom, 2 of 1938, s 6(l).

2. The words "and other than an officer or servant the power of appointing who is vested in the School's Committee." were deleted by Bom. 48 of 1950, s 50.

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(2) Leave of absence may be granted, 1[subject to the regulations made in that behalf]

2[(a)

(b) for a period exceeding one month, to any other municipal officer, the power of appointing whom is not vested in the Commissioner 3[or who is not employed for the purposes of clause (q) of section 61

4[(3) Leave of absence may be granted, subject as aforesaid, by the Education Committee for a period exceeding one month to any municipal officer employed for the purposes of clause (q) of Section 61, of power of appointing whom is not vested in the Commissioner.]

5[84A. Saving in respect of officers and servants appointed under Chapter XVIA.-Nothing in section 79, 80, 80A , 6* 81, 83 and 84 shall apply to officers and servants appointed under the provisions of Chapter XVIA of this Act.]

84B[***********]

SECTION 85: ACTING APPOINTMENTS

(1) The appointment of a person to act in the place of an officer absent on leave may be made, when necessary, and subject to the regulations aforesaid, by the same authority who grants the leave of absence:

(2) Provided that

(a) when the 1[city engineer] or the executive health officer 2[or the hydraulic engineer) is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the corporation;

(b) any appointment of a person to act as 7[city engineer] or as executive health officer 8 [or as hydraulic engineer] may be disallowed by the 9[10[State] Government], and from the time of being so disallowed shall be null and void;

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1. These words were substituted for the words "subject as aforesaid by the Standing Committee" by Mah. 10 of 1998. s 48(a)(i).

2. Clause (a) was substituted by Mah. 10 of 1998, s 48(a)(ii), and deleted by Mumbai Municipal Corporation (Amendment) Act, 2001, s 18(b). prior to its deletion it read as under:--

(a) to any clerk or servant appointed under section 78 by the Municipal Secretary or to any assistant auditor. clerk or servant all( appointed under section 78B by the Municipal Chief Auditor:

3. These words were substituted for the words "or who is not employed for the purposes of clause (q) of section 61" by Mah. 10 of 1998, s 48(a)(iii)

4. Sub-section (3) was deleted by Mah. 10 of 1998, s 48(b).

5. This section was inserted by Bom 48 of 1948, s 17.

6. The figures and letter "80B" were deleted by Mah. I I of 1964, s 6.

7. The words "city engineer" were substituted for the words "executive engineer" by Bom 19 of 1930, s 6.

8. These words were inserted by Bom. 2 of 1911, s 4(a).

9. The words "Provincial Government" were substituted for the words "Governor-in-Council" by the Adaptation of Indian Laws Order in Council.

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

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(c) no person shall be appointed to act for the executive health officer for a period exceeding three months, unless such person is a legally qualified medical practitioner, but a person appointed to act for the said officer for a period not exceeding three months need not be legally qualified medical practitioner.

(3) A person appointed under this section to act for any officer or servant shall, while so acting, perform the same duties and exercise the same powers and be subject to the same liabilities, restrictions and conditions which the permanent incumbent of the office or place is bound to perform or may exercise or to which said incumbent is liable.

SECTION 85A: TEMPORARY APPOINTMENT

Notwithstanding anything contained in the foregoing provisions, when a vacancy occurs in any of the posts referred to in sub-section (1) of section 80B the corporation [or 2[the Brihan Mumbai Electric Supply and Transport Committee], as the case may be] may, pending the appointment of a person in accordance with the provisions 3[* * *]of the said section, appoint any person to fill such vacancy on a monthly salary not exceeding the maximum salary of the, post:

Provided that no appointment under this section shall extend beyond, or be made after a lapse of, six months from the date on which the vacancy occurs.]

DISQUALIFICATIONS OF MUNICIPAL OFFICERS AND SERVANTS

SECTION 86: MUNICIPAL OFFICER OR SERVANT NOT TO BE INTERESTED IN ANY 4[CONTRACT] WITH THE CORPORATION

(1) Any person who has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of the corporation,5[***] shall be disqualified for being a municipal officer or servant.

(2) Any municipal officer or servant who shall acquire, directly or indirectly, by himself or his partner, any share or interest in any such contract as6* * * aforesaid shall cease to be a municipal officer or servant and his office shall become vacant.

(3) Nothing in this section shall apply to any such share or interest in any contract7* 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.

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1. These words were inserted by Mah. I I of 1964, s 7.

2. These words were substituted for the words "the Mayor-in-council" by Mah. 27 of 1999, s 40.

3. The words, brackets and figure "of sub-section (2)" were deleted by Bom 48 of 1950, s 5 1.

4. This word was substituted for the words "contract, etc.," by Mah. 42 of 1977, s 5(a).

5. The words "or any employment with by, or on behalf of the corporation, other than a municipal officer or servant," were deleted by Mah. 42 of 1977, s 5(a).

6. The words "or employment" were deleted by Mah. 42 of 1977, s 5(b).

7. The words "or employment" were deleted by Mah. 42 of 1977, s 5(c).

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CHAPTER V MUNICIPAL PROPERTY AND LIABILITIES

ACQUISITION OF PROPERTY

SECTION 87: POWERS OF CORPORATION AS TO ACQUISITION OF PROPERTY

The corporation shall I, for the purpose of this Act, have power to acquire and hold movable and immovable property, whether within or without the limits of 1[Brihan Mumbai].

SECTION 88: TRANSFER TO THE CORPORATION OF THE PROPERTY OF THE MUNICIPAL CORPORATION

All such immovable and other property as is held by, or in trust for, or has been granted by '[the 3 [Government]] to the corporation under, or in pursuance or for the purposes of any Act hereby repealed, shall, upon and after the date when this Act comes into force. vest in the corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same.

SECTION 89: CONDITIONS AFFECTING THE VESTING OF THE VEHAR WATER WORKS IN THE CORPORATION

(1) On the expiry of the term of ninety-nine years, commencing on the first day of July 1863, for which in accordance with section 64 of the Bombay Municipal Acts of 4[1872 and 4[1878] the Vehar Lake and the property appurtenant thereto, hereinafter referred to as " the Vehar water works," were vested in the corporation the 5[6 (State] Government] may direct that the said Vehar waterworks shall vest and the same shall in such case vest, in the corporation, on the conditions hereinafter provided and for the purposes of this Act, for such further period not exceeding ninety-nine years as shall seem expedient

(2) Provided that on the expiry of the said first term of ninety-nine years or of any further term for which the 5[6[State] Government] may have directed that the said Vehar waterworks shall vest in the corporation, all rights and every power conveyed to the corporation shall forthwith cease and determine and the said Vehar waterworks shall revert to and become vested in 7[the State Government].

8[(3) Notwithstanding anything contained in sub-sections (1) and (2). the State Government may at anytime, by notification in the Official Gazette, direct that the Vehar waterworks shall, with effect from the date specified therein, vest in the Corporation permanently, subject to the conditions that the Corporation shall supply and continue to supply water to the Aarey Milk Colony from the Powai Lake and to the National Park at Borivali from such source as the State Government may from time to time specify. In both cases, the supply of water shall be in such quantities and at such rates and subject to such other conditions as the Corporation may, from time to time, with the approval of the State Government, determine. With effect from the date aforesaid, all rights and liabilities enforceable by or against the State Government in relation to the Vehar waterworks under any law for the time being in force or under any contract shall be enforceable by or against the Corporation.]

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1. These words were substituted for the words "the City" by Bom. 7 of 1950, s 6(l).

2. The words "the Crown" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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

4. Bom 3 of 1872 and Born. 4 of 1878 are repealed by s 2 read with Schedule A of this Act.

5. The words "Provincial Government" were substituted for the words "Governor in Council" by the Adaptation of Indian laws Order in Council.

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

7. The words "the State Government" were substituted for the words "His Majesty for the purposes of the Province" by the Adaptation of Laws Order. 1950.

8. Sub-section (3) was inserted by Mah. 51 of 1975, s 6.

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1[89A Lands and buildings specified in Schedule V to vest in 2[Government].On and from the commencement of the City of Bombay Police Charges Act, 1907, all the estate, right, title and interest of the corporation in and to the lands and buildings specified in Schedule V free from all liabilities and charges affecting the same and created by the corporation shall vest in 2[Government)

Provided that nothing in this section shall affect any of the lands specified in the items in the said Schedule numbered 28 to 139 (both inclusive) on which any movable wooden chowki is situated at the commencement of the said Act.

SECTION 89B: [THE STATUE OF HER MAJESTY QUEEN VICTORIA AND THE SITE THEREOF IN THE ESPLANADE ROAD TO VEST IN THE CORPORATION SUBJECT TO CERTAIN CONDITIONS.]

Deleted by Mah. 5 of 1968, s 2(l).

SECTION 89C: THE VICTORIA AND ALBERT MUSEUM 3[RENAMED AS DR. BHAU DAJI LAD MUSEUM] AND THE SITE THEREOF TO VEST IN THE CORPORATION

4[(1)] On and from the commencement of the City of Bombay Police Charges Act, 1907, all the estate, right, title and interest of 2[Government] in and to the Victoria and Albert Museum and the site thereof shall vest in the corporation free from all liabilities and charges affecting the same and 5[created by the 6[Government]] and corporation may apply the said museum and the said site to any public purpose on and from such dates as the Prince of Wales Museum of Western India may be declared open by 7[8[State] Government].

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1. Sections 89A to 89F were inserted by Bom 3 of 1907, s 14.

2. This word was substituted for the I words "His Majesty" by the Adaptation of Laws Order, 1950

3. These words and letters were inserted by Mah. 51 of 1975, s 7(2).

4. Section 89C was renumbered as sub-section (1) of that section and sub-section (2) was inserted by Mah. 51 of 1975, s 7 (1).

5. The words "created by the Crown" were substituted for the words "created by Government" by the Adaptation of Indian Laws Order in Council.

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

7. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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

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1[(2) On and from the commencement of the Bombay Municipal Corporation and Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1975, the Victoria and Albert M aforesaid shall be deemed to have been renamed as "Dr Bhau Daji Lad Museaum", and any reference to the Victoria and Albert Museum in any aw for the time being in force or in any contract, instrument or other document shall be construed as, and shall be deemed to be, a reference to Dr. Bhau Daji Lad Museum.]

SECTION 89D: CENTRAL VACCINE DEPOT AT PAREL TO VEST IN THE CORPORATION

On and from the, commencement of the City of Bombay Police Charges Act, 1907, all the estate, right, title and interest of 2[Government] in and to the Central Vaccine Depot at Parel shall vest in the corporation free from all liabilities and charges affecting the same and 3[created by the 4[Government)),

SECTION 89E: ALL BUILDINGS USED FOR PRIMARY EDUCATION AND THE SITES THEREOF TO VEST IN THE CORPORATION

On and from the commencement of the City of Bombay Police Charges Act, 1907, all the buildings used for primary education and the sites thereof within the city theretofore vesting in 2[Government] shall vest in the corporation free from all liabilities and charges affecting the same and 3[created by the 4[Government]]

SECTION 89F: CORPORATION TO REPAY TO 5[STATE] GOVERNMENT THE AMOUNT OF GRANT MADE FOR PURPOSES OF PRIMARY EDUCATION IN RESPECT OF CERTAIN BUILDINGS OR SITES IF USED FOR OTHER PURPOSES

Notwithstanding anything contained in section 89E, if any buildings or sites in respect of which, before or after the commencement of the City of Bombay Police Charges Act, 1907, any grant has been made by the 6[the 7[State] Government] for the purposes of primary education shall without the sanction of 6[the 5[State] Government] be used for any other purpose, the Corporation shall thereupon repay to 6[the 5[State] Government] the amount of such grant.]

SECTION 90: ACQUISITION OF IMMOVABLE PROPERTY BY AGREEMENT

(1) Wherever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the corporation by agreement 7[subject to the provisions of sub-section (3)].

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1. These words and letters were inserted by Mah. 51 of 1975, s 7(2).

2. This word was substituted for the words "His Majesty" by the Adaptation of Laws Order, 1950.

3. The words "created by the Crown" were substituted for the words "created by Government" by the Adaptation of Indian Laws Order in Council.

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

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

6. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws0rder in Council.

7. These words were substituted for the portion beginning with "on such terms" and ending with "any particular case" by Mah. 34 of 1933, s 6(a).

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(2) And whenever, under any provision of this Act, the Commissioner is authorised to agree to pay the whole or any portion of the expenses of acquiring any immovable property, he shall do so on such terms and at such rates or prices or at rates or prices not exceeding such maximum as shall be approved by [the Improvements Committee) as aforesaid.

2[(2A) Subject to the provisions of this Act, it shall be lawful for the Commissioner on behalf of the corporation to agree with the owner of any land or of any interest in land needed by the corporation for the purposes of any scheme under Chapter XII-A or with the owner of any right which may have been created by legislative enactment over any street forming part of the land so needed, for the purchase of such land or of any interest in such land or for compensating the owner of any such right in respect of any deprivation thereof or interference therewith.]

3[(3) No contract for the acquisition of any immovable property or of any interest therein or any right thereto or the payment of any compensation under sub-section (1) or

(2) or (2A) shall be valid, if the price or compensation to be paid for such property or interest or right 4[exceeds five lakh rupees unless such contract has been approved by

the Improvements Committee; and by the Corporation if the price or coil compensation lion exceeds rupees two crore;]

5[* * * *]

6[(4) Every contract or other instrument relating to the acquisition of immovable property or any interest therein or any right thereto shall be executed by the Commissioner, shall have the common seal of the corporation affixed thereto in the presence of 7[two members of the Improvements committee and shall also have signatures of the said members] in the manner prescribed in section 70.

(5) No contract for the acquisition of immovable property or any interest therein or any right thereto not executed as in sub-section (4) provided shall be binding on the corporation.

(6) The foregoing provisions of this section which apply to an original contract relating to the acquisition of immovable property, or any interest therein, or any right thereto, shall be deemed to apply also to any variation or discharge of such contract.]

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1. These words were substituted for the words "the Mayor-in-council" by Mah. 27 of 1999. s 90 (a).

2. New sub-section (2A) was inserted by Bom 13 of 1933, s 17(c).

3. Sub-section (3) were inserted by mah 27 of 1999, s 41(3).

4. These words were substituted for the words "exceeds five thousand rupees unless and until such contract has been approved by the Improvements Committee and by the Corporation if the price or compensation exceeds ten thousand rupees" by Mah. 10 of 1998, s 50(b)(i).

5. This proviso was deleted by Mah. 10 of 1998, s 50(b)(ii).

6. New sub-sections (4), (5) and (6) were inserted by Bom. 13 of 1933, s 17(e).

7. These words were substituted for the words "the Member-in-charge and also have the signature of the said Member-in-charge" by Mah. 27 of 1999, s 41(c).

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SECTION 91: PROCEDURE WHEN IMMOVABLE PROPERTY CANNOT BE ACQUIRED BY AGREEMENT

(1) Whenever the Commissioner is unable to acquire any immovable property under the last preceding section by agreement 1[the 2[State] Government] may, in their discretion, upon the application of the Commissioner, made with the approval of 3[the Improvements Committee] land subject to the other provisions of this Act] order proceedings to be taken for acquiring the same on behalf of the corporation, as, if such property were a land needed for a public purpose within the meaning of the Land Acquisition Act, 1870.]5

(2) The amount of compensation awarded and all other charges incurred in the acquisition of any such property shall, subject to all other provisions of this Act be forthwith paid by the Commissioner and thereupon the said property shall vest in the corporation.

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1. The words "the Provincial Government" were substituted for the words "Government" by the Adaptation of Indian Laws Order in Council.

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

3. These words were inserted by Mah. 27 of 1999. s 42.

4. These words were substituted for the original words by Bom 13 of 1933, s 18(a).

5. See now the Land Acquisition Act. 1894 (1 of 1894).

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SECTION 91A: TRANSFER OF PROPERTY TO THE CORPORATION

(1) From the date on which the City of Bombay Municipal (Amendment) Act, 1933, comes into operation there shall vest or revest in the corporation, as the case may be, subject to all the charges and liabilities affecting the same, to be held by the corporation for the purposes of this Act, subject to. any restrictions and conditions contained in the City of Bombay Municipal (Amendment) Act, 1933, all the immovable and other property and all other interests and rights of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925, including all the estate, right, title and interest of the said Board in and to the lands specified in Schedule Wand Schedule X and in the reclaimed lands specified in Schedule Y and shown on the deposited plans.

(2) (a) In respect of the lands referred to as the Flats, specified in Schedule W as plots I (b), I (c) and I (d), the corporation may, subject to the power of resumption reserved by sub-section (8) at any time, lay out the whole or any part or parts of these plots as recreation grounds or parks for the free use of the public, or appropriate the whole of any part of the said plots -to building purposes.

(b) The lands specified in Schedule W as plot 10) shall, subject as aforesaid, be permanently appropriated as an open space, but such appropriation shall not preclude the corporation from letting the said lands from time to time on lease for a term not exceeding one year, or with the previous sanction of 2[the 3[State] Government] and on such conditions as may be approved by 2[the 3[State] Government] for a term not exceeding 30 years, for the purposes of a race-course or for any purpose of public recreation or amusement.

(c) All the lands specified in Schedule W as plots 1(a), I(g) to 1(i) both inclusive and I 1(k) and the lands specified in Schedule Y shall, subject to the provisions of sub-section (1), vest in the corporation.

(3) The lands respectively referred -to in Schedule ZZ as plot 1 (d- 1) part, I (b) Cadastral Survey No. 3/383 the Body Guard Lines Plot, Plot No. 3 the Cooperage Plot and Plot No. 4(b) the Marine Lines Maidan shall vest absolutely in 4[Government, provided that Plot No. 3 the Cooperage Plot and Plot No. 4 (b) the Marine Lines Maidan. shall be maintained in perpetuity as open spaces, provided further that the aforesaid Plot Nos. 3 and 4(b) or any part thereof may at any time be occupied by or with the previous permission of 2[the 3[State] Government] for any temporary purpose.

(4) All the estate, right, title and interest of the said Board to and in any land specified in Schedule W vested or revested in the corporation under this section, with the exception of the lands specified in clause (c) of sub-section (2) and in sub-section (3) shall, subject to the provisions of this section, remain so vested or revested until such time as the whole of the lands so specified except those appropriated, as open spaces, shall have been let on a building lease either by the said Board or by the corporation or as to any part thereof i such time as such time as such part shall have been so let, and thereafter, as to the whole, except as aforesaid, or any such part for a further period, which shall not as regards the whole or any such part exceed ninety-nine years from the date on which the whole or any such part shall have been first let.

(5) All lands specified in Schedule X shall, subject to the provisions of sub-section (1), vest in the corporation.

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1. New sections 91 A to 91C were inserted by Bom. 13 of 1933, s-19.

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 word was substituted for the words "His Majesty", by the Adaptation of Laws Order, 1950.

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(6) It shall be lawful for the corporation from time to time, in the case of land specified in Schedule W, with the sanction of 2[State Government], to take out of said Schedule W any land or to take any land out of Schedule X in exchange for any freehold land, the property of the corporation, which they wish to bring on to the Schedules. An exchange made under this sub-section shall operate to transfer the land taken out of the Schedules to the corporation free from all conditions of resumption and revesting created by this Act and free from all encumbrances and to vest the land brought on to the Schedules in the corporation as if it were part of the property originally entered in Schedule W or X, as the case may be.

(7) Without prejudice, and in addition to the powers conferred on the corporation by Section 87, it shall be lawful for the corporation to take over and hold any other lands within the city of which they may be put in possession by the 3[Central or 2 [State] Government], to the intent that such lands, shall vest in the corporation in the same manner 3[and subject to same conditions as if such lands, if taken over from the [Central or 2[State Government], were included Schedule W and such vesting shall in every such case take effect

upon delivery to the Corporation of possession of the land.

(8) Any land other than land specified in clause (c) of sub-section (2) and other than land leased or agreed to be leased by the said id Board or by the corporation specified in Schedule W which shall be required by 3[the Central or the 2[State] Government] for a public purpose, may at any time, after giving six months' notice to the corporation, be resumed by 4[that Government]

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1. The words "The Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council

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

3. The word "the Central or Provincial Government" were substituted for the words "Government" by the Adaptation of Indian Laws Order in Council.

4. The words "that Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in council

(9) '[The 2[State] Government] may, by notification in the 3[Official- Gazette], from time to time add to or amend the entries in Schedule W and, with the concurrence

of the corporation, the, entries in Schedule X so far as may be necessary in consequence of any exchange, resumption, acquisition or other transfer of land, and, with the like concurrence

in the case of lands specified in Schedule X, correct mistakes in the said schedules or in the deposited plans, and upon such notification the said schedules or plans shall be TP44 subject to such addition, amendment or correction. Such notification shall in the case of any alteration of Schedule W or Schedule X include a notification of the whole schedule or schedules as so altered.]

SECTION 91AA: POWER TO GRANT LEASE OF PLOT NO.3, THE COOPERAGE PLOT, OR PART THEREOF

[(I)] Notwithstanding anything contained in sub-section (3) of section 91A, it shall be lawful and shall be deemed to have been lawful for the State Government to lease Plot No. 3, the Cooperage Plot, or any part thereof for a term not exceeding sixty years commencing from the Ist day of March nineteen hundred and forty-three for the Construction of a club-house for ratings of the Indian Navy or for any other similar purpose and the provisions of the first proviso in sub-section (3) of the said section 91 A shall not apply to the said plot or any part thereof, as the case may be so long as such lease remains in force and has not determined or has not been surrendered or otherwise terminated in accordance with law.]

4[(2) Notwithstanding anything contained in sub-section (3) of section 91A or subsection (1) of this section or in the Maharashtra Regional and Town Planning Act, 1966, or the provisions of any Development Plan thereunder, it shall also, be lawful and shall be deemed to have been lawful for the State Government to lease a part of the Cooperage Plot, for a term ending on and inclusive of the 31st December, 2003 or such later date as the State Government may specify for the construction of a, foot-ball stadium, with ancillary structures for gymnasium, indoor games, residential quarters, club-house dormitory, canteen, library, conference rooms show rooms and similar purposes and, the provisions of the first proviso in sub-section (3) of the said section 91A shall not apply to the part of said Plot leased for the above purposes, so long as such lease remains in force and has not determined or has not been surrendered or otherwise terminated in accordance with law.]

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1. The words "The Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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

3. The words -Official Gazette "were substituted for the words "Bombay Government Gazette" by the Adaptation of India[) Laws Order in Council.

4. Section 9 1 AA was inserted by Bom 20 of' 1952, s 5.

5. Section 9 1 AA was renumbered as sub-section (1), and sub-section (2) was added by Mah 6Z of' 1977, s 2 and Sub-section(2) was added by Mah 62 of 1977, s 2.

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SECTION 91AAA: 1[POWER TO LEASE PART OF PLOT NO. 4(B) THE MARINE LINES MAIDAN FOR CERTAIN PURPOSES

Notwithstanding anything contained in sub-section (3) of section 91A, it shall be lawful for the State Government to lease a part of plot No 4 (b) the Marine Lines Maidan, not exceeding 7,200 sq. metres in area and for a term not exceeding 99 years, for the construction of a hospital or for any similar purpose, and the provisions of the first proviso in that sub-section shall not apply to the said part of the plot, so long as such lease remains in force and has not been determined or has not been surrendered or otherwise terminated in accordance with law.]

SECTION 91B: 2[VESTING OF PROPERTY IN 3[GOVERNMENT] ON THE TERMINATION OF LEASE GRANTED BY THE CORPORATION

5[(1)] Upon the determination of the further period mentioned in sub-section (4) of section 9 A the property vested or revested in the corporation, under the said section in any part of the land specified in Schedule W except those appropriated as open spaces, and the plots I (a) and I (e) to I (i) both inclusive and I (k) of the Flats shall be forthwith divested and such part of such lands shall vest or revest absolutely in '[the State Government].

5[(2) Notwithstanding anything contained in sub-section (1) or sub-section (4) of section 91A, it shall be lawful for the State Government to lease afresh, to the Mumbai Municipal Corporation for the purposes specified in section 91 C any land specified in Schedule W for a term not exceeding thirty years and thereupon the land shall revest in the Corporation. On such revesting of the land, the provisions of sub-section (1) shall not apply to the said land so long as such lease remains in force and is not determined or Is not surrendered or otherwise terminated in accordance with law.

(3) On such revesting of the land in the Corporation, as provided in sub-section (2), the Corporation shall pay to the State Government, an amount equal to half of the lease rent that may be received by it.

(4) The Corporation may revise the rates of the lease rent after every ten years:

Provided that, while revising such rates the Corporation shall be bound by the policy o e Revenue and Forests Department of the State Government, for granting lease of the Government land.

(5) After the expiry of the lease period as provided in sub-section (2), the land shall again vest or revest absolutely, free from all encumbrances, in the State Government.]

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1. Section 9 IAAA 'was -inserted by Mah 10 of I 1969, s. 2.

2. New sections 9 1 B to 9 1 C were inserted by Bom 13 of 1933, s 14.

3. This word was substituted for the words "His Majesty", by the Adaptation of Laws Order. 1950.

4. These words were substituted for the original words by the Adaptation of Laws Order, 1950.

5. Section 91B renumberred as subsection (1) and sub-sections (2) to (5) inserted by Mah 8 of 2002, and shall be deemed to have been added w.e,f. 1-10-1998, s 4

6. New sections 9 1 B to 9 1 C were inserted by Born. 13 of 1933, s 19.

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SECTION 91C: POWER TO APPLY CERTAIN LANDS VESTED IN THE CORPORATION TO THE PURPOSE OF ANY SCHEME UNDER THIS ACT

The corporation shall have power, subject to the provisions of section 91A, to apply any of the lands specified in Schedules W, X and Y for 1[any of the purposes for which land acquired under Chapter XII-A may be applied including the purposes of] any of the schemes referred to in sub-section(2) of section 354B.]

SECTION 91D: 2[PROPERTY OF ABOLISHED MUNICIPALITIES AND LOCAL AUTHORITIES VESTING IN CORPORATION

All immovable and other property, which on the date immediately preceding the appointed date was held by or vested in

(a) any municipality or other local authority

which has been abolished by or under the Bombay Municipal (Extension of Limits) Act, 1950, in consequence of the inclusion in 3[Brihan Mumbai] of the area for which it was constituted

(b) the State Government by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority; shall vest in the corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same

Provided that the immovable property held by or vested in the District Local Board of the Bombay Suburban District and the District School Board of the Bombay Suburban

District shall vest in the corporation to the extent it is situated in the area included in Greater Bombay and that any other property so held by or vested in the said Boards shall vest in the corporation to such extent as may be determined by the State]

Government.

Explanation.-For the purposes of this section, the immoveable property and other property shall include primary schools with their lands, buildings, roads and equipment belonging to or vesting in any municipality or local authority under the provisions of any law for the time being in force.

SECTION 91DA: 4[PROPERTY OF ABOLISHED MUNICIPALITIES AND LOCAL AUTHORITIES 1[EXTENDED SUBURBS VESTING IN CORPORATION

All immovable and other property, which on the day immediately preceding the date of the commencement of the Bombay Municipal (Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956, was held by or vested in

(a) any municipality or other local authority which has been abolished by or under that Act in consequence of the inclusion in 3[Brihan Mumbai] of the, area for which it was constituted, or

(b) the State Government, by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority, shall vest in the Corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same :

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1. These words were substituted for the original words by Bom 34 of 1954, s 2.

2. Section 91D and 9 IE were inserted by Bom. 7 of 1950, s 12.

3. These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, w.e.f. 4.9.96.

4. Section 91DA was inserted by Bom. 58 of 1956, s 5.

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Provided that the immovable property held by or vested in any District Local Board or District School Board in that area shall vest in the Corporation to the extent it is situated in the area included in 5[Brihan Mumbai] and that any other property so held by or vested in the said Board shall vest in the Corporation to such extent as may be determined by the State Government.

Explanation. -For the purposes of this

section, the immovable property and other property shall include primary schools with their lands, buildings, roads and equipment belonging to or vesting in any municipality or local authority under the provisions of any law for the time being in force.

SECTION 91E: DECISION OF CLAIMS TO PROPERTY BY OR AGAINST THE CORPORATION IN THE SUBURBS '[AND THE EXTENDED SUBURBS

]

(1) Where any immovable property situated in the suburbs, '(or the extended suburbs] or any right in or over such property, is claimed by or on behalf of the corporation or by any person as against the corporation, it shall be lawful for the Collector, Bombay Suburban District, after formal enquiry, of which due notice has been given, to pass an order deciding the claim.

(2) The corporation or any person aggrieved by an order passed by the Collector under sub-section (1) may,, notwithstanding anything contained in any law for the time being in force, within one year from the date on which the corporation or such person had due notice of such order, institute a suit in any competent civil court to set aside such order or to claim a relief inconsistent therewith.

If any suit is instituted after the expiration of one year from the date on which the notice of such order has been given such suit shall be dismissed although limitation has not been set up as a defence.

(3) The Collector may, by general or

special order, delegate the powers conferred oil him under this section to an Assistant or Deputy Collector or a Survey Officer as defined in the Bombay Land Revenue Code,- 1879.

(4) The formal inquiry referred to in this section shall be conducted in accordance with the provisions of the aforesaid Code.

(5) A person shall be deemed to have had due notice of an inquiry under this section if notice thereof has been given in accordance with rules made in this behalf by the State Government.]

SECTION 91F: 3[REQUISITIONING OF PREMISES, VEHICLES, ETC. FOR ELECTIONS

5[(1) If in connection

on with any election a request is made by the State Election Commission the State Government or an officer authorised by the State Government thereinafter referred to as "the Requisitioning Authority") may, by order in writing requisition-

(a) any premises which are required or are likely to be required for the purpose of being used as a polling station or storage of ballot boxes after the poll has been taken;

(b) any vehicle, vessel or animal needed or likely to be needed for the purpose of transport of ballot boxes to, or from any polling station or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for the performance of any duties in connection with such election; and may also make such further orders as may appear to it to be necessary or expedient in connection with such requisition:

Provided that, no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.]

(2) The requisition shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property and such order shall be served in the manner prescribed by rules made by the State Government under Section 91 K on the person to whom it is addressed.

(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.

Explanation.-For the purpose of this section, "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof.

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1. These words were inserted by Bom 58 of 1956, s 6(2).

2. These words were inserted by Born. 58 of 1956, s 6(l).

*. See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

Sections 91F to 91L were inserted by Bom 54 of 1955, s 8.

4. Subsection (1) was substituted by Mah 10 of 1998, s 52.

5.These words were substituted for the words "Greater Bombay" by Mah. 25 of 1996, w.e.f 4.9.96.

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SECTION 91G: 1[PAYMENT OF COMPENSATION

(1) Whenever in pursuance of section 91 F, the requisitioning authority requisitions any premises the corporation shall pay to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:

(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality ;

(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change

Provided that where any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government under section 91 K for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine:

1. Sections 9 1 F to 9 1 L were inserted by Bom 54 of 1955, s 8.

Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the requisitioning authority to an arbitrator appointed in this behalf by the State Government or the requisitioning authority for determination, and shall be determined in accordance with the decision of such arbitrator.

Explanation For the purpose of this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 91F immediately before the requisition, or where no person was in actual possession the owner of such premises.

(2) Whenever in pursuance of section 91F, the requsitioning authority requisitions any vehicle, vessel or animal, the corporation shall pay to the owner thereof compensation the amount of which shall be determined by the requisitioning authority on the basis of the fares or rates prevailing in, the locality for the hire of such vehicle, vessel or animal:

Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within the time prescribed by rules made by the State Government for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the requisitioning authority may determine:

Provided further that where immediately before the date of the requisitioning, the vehicle or vessel was by virtue of a hire-purchase agreement in the possession of the person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement, in such manner as an-arbitrator appointed by the requisitioning authority in this behalf may decide.

SECTION 91H: 1[POWER TO OBTAIN INFORMATION

The requisitioning authority may, with a view to requisitioning any property under section 9 IF or determining the compensation payable under section 9 1 G by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.

SECTION 91I: 1[EVICTION FROM REQUISITIONED PREMISES

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 91F may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf.

(2) Any officer so empowered may, after giving

to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or volt or break open any door of any building or do any other act necessary for effecting such eviction.

SECTION 91J: 1[RELEASE OF PREMISES FROM REQUISITION

(1) When any premises requisitioned under section 91F are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such persons, to the person deemed by the requisitioning authority to be the owner of such premises and such delivery of possession shall be a full discharge of the requisitioning authority from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

(2) Where the person to whom possession of any premises requisitioned under section 91F is to be given under subsection (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the requisitioning authority shall cause a notice declaring that such premises are released from requisitioning to be affixed on some conspicuous part of such premises and publish the notice in the Official Gazette.

(3) When a notice referred to in sub-section (2) is published in the Official Gazette, the premises specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority or the Corporation shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

SECTION 91K: 1[POWER TO MAKE RULES

The State Government shall make rules for prescribing

(1) the manner in which an order of requisition shall be served under sub-section (2) of section 9IF, and

(2) the time within which an application for determining the amount of compensation by an Arbitrator shall be made under section 91G.

SECTION 91L: 1[PENALTY FOR CONTRAVENTION OF ANY ORDER, REGARDING REQUISITIONING

If any person contravenes any order made under section 91F he shall, on conviction be punished with imprisonment for a term which may extend to one year or with fine or with both.]

DISPOSAL OF PROPERTY

SECTION 92: PROVISIONS GOVERNING THE DISPOSAL OF MUNICIPAL PROPERTY

With respect to the disposal of property belonging to the Corporation 1[other than property vesting in the Corporation for the purposes of the 2[Brihan Mumbai Electric Supply and Transport Undertaking], the following provisions shall have effect, namely:

(a) the Commissioner may, 3[subject to the regulations made in this behalf], dispose of, by sale or otherwise, any moveable property belonging to the corporation not exceeding in value, in each instance, 4[five lakh rupees], or grant a lease of any immovable property belonging to the corporation; including any right of fishing or of gathering and taking fruit and the like, for any period not exceeding twelve months at a time:

5[Provided that every lease of immovable property granted by the Commissioner (other than a contract for a monthly tenancy) the annual rent whereof at a rack rent exceeds 6[fifty thousand rupees] shall be reported by him, within fifteen days after the same has been granted, to the 7[Improvements Committee]];

8[(b) the Commissioner may, -

(i) with the sanction of the concerned Committee, dispose of, by sale or otherwise, any moveable property held by the Corporation, the value of which exceeds five lakh rupees;]

(ii) with the sanction of the 9[Standing Committee], dispose off, any moveable property held by the Corporation, the value of which exceeds

rupees two crore;

(iii) with the sanction of the concerned Committee, grant a lease (other than a lease in perpetuity) of any immovable property belonging to the Corporation, including any such right as aforesaid or sell, or grant a lease in perpetuity of any immoveable property the value of which does not exceed 50,000 rupees or the annual rent of which does not exceed 3,000 rupees];

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1. These words were inserted by Bom. 48 of 1948, s 18.

2. These words were substituted by Mah 25 of 1996, (w.e.f. 4.9.1996).

3. These words were substituted for the words "in his discretion" by Mah 10 of 1998, s 53(a)(i)

4. These words were substituted for the words "one lakh rupees" by Mah. 10 of 1998, s.53 (a)(ii)

5. This proviso was substituted for the original by Bom 13 of 1933, s 20(a).

6. These words were substituted for the words "fifteen thousand rupees" by Mah 10 of 1998, s 53(iii)(A).

7. These words were substituted for the words "the Mayor-in-council" by Mah. 27 of 1999. s 42(1

8. Sub-clause (b) was substituted by Mah 10 of 1998, s 53(b).

9. These words were substituted for the words " Mayor-in-council" by Mah. 27 of' 1999, s 43(b).

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(c) with the sanction of the corporation, the Commissioner may lease, sell or otherwise convey 1[any immovable property] belonging to the corporation

2[(cc) the consideration for which any. immovable property or any right belonging to the corporation may be sold, leased or otherwise transferred shall not be less than the market value of such premium, rent or other consideration ;]

3[(d) sanction of the Standing Committee under clauses (b) and (c) may be given either generally for any class of cases or specially in any particular case;]

4[(dd) notwithstanding anything contained in this section, the Commissioner may, with the sanction of the Corporation, and- with the approval of the State Government, grant a lease of immovable property belonging to the Corporation to a Cooperative Housing Society formed exclusively by the officers and servants of the Corporation, or to a public trust exclusively for medical and educational purposes registered under the Bombay Public Trusts Act, 1950 5[or to a society registered under the Societies Registration Act, 1860 or the Maharashtra Cooperative Societies Act, 1960, a public trust registered under the Bombay Public Trust Act, 1950, or a company registered under the Companies Act, 1956 6[or any person] for the purposes of provision of public latrines, urinals and similar conveniences or construction of a plant for processing excrementitiously and other filthy matters of garbages,] or to a person who is dishoused as a result of the implementation of any Development Scheme of the Corporation or to a Cooperative Housing Society formed exclusively by the persons who are dishoused as a result of the implementation of any Development Scheme of the Corporations, at such rent, which may be less than the market value of the premium, rent, or other consideration, for the grant of such lease, and subject to such conditions, as may be provided by the bye-laws made under Section 461;]

7[(ddd) notwithstanding anything contained in this section, the Commissioner may, with the sanction of the Corporation, and with the approval of the State Government, grant a lease for a period 8[not exceeding 60 years], of municipal land which is declared as a slum area under the provisions of the Maharashtra

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1. These words were substituted for the words "any property movable or immovable" by Mah. 21 of 1989, s 8(3).

2. New sub-clause (CC) was inserted by Bom 13 of 1933, s 20(c).

3. Clause (d) was substituted by Mah 10 of 1998. s 53(c).

4. Clause (dd) was inserted by Mah. 50 of 198 1, s 2.

5. This portion was inserted by Mah. 13 of 1990, s 3

6. These words were inserted by Mah. 12 of 1993, s 2.

7 Clause (ddd) was inserted by Mah 5 of 1986, s 3.

8. These words and figures were substituted for the words and figures "not exceeding 30 years" by Mah 8 of 1992. s 6.

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Slum Areas (Improvement, Clearance and Re-development) Act, 1971 to a cooperative society of slum dwellers occupying such land, at such rent, which, may be less than the market value of the premium, rent or other consideration, for grant of such lease, and subject to such conditions, as the Corporation may impose.

The approval of the State Government under this clause may be given either generally for any class of cases of such lands or specifically in any particular case of such land:

Provided that, the Commissioner may in like manner renew, from time to time the lease for such period and subject to such conditions as the Corporation may determine and impose.

(e) the aforesaid provisions of this section shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purpose of this Act:

1[Provided that nothing in this section shall apply 2* *****]to 3[Dr. Bhau Daji Lad Museum] 4[or to the site thereof referred to in Section 89C] except with the previous sanction of 5[the 6[State] Government].

SECTION 92A: 7[OBLIGATION ANNEXED TO PROPERTY BINDING ON TRANSFEREE

Where-

(1) the Commissioner has transferred by way of sale or exchange any immovable property belonging to the Corporation and the terms of such transfer direct that the property shall be applied or enjoyed in a particular manner or the use or enjoyment thereof shall be restricted in a particular manner, or

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1. This proviso was added to section 92 by Bom 3 of 1907, s 15.

2. The words "to the Statue of Her Majesty Queen Victoria or" were deleted by Mah 5 of 1968, s 2(1)

3. These words and letters were substituted for the words "the Victoria and Albert Museum" by Mah 51 of 1975, s 8.

4 These words were substituted for the words "or to the sites thereof referred to in sections 89B and 89C'' by Mah. 5 of 1968,s 2(1).

5. These words were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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

7. Section 92A was inserted by Bom 34 of 1954, s 3.

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(2) the owner of any immovable property has entered into an agreement with the Corporation concerning the application, enjoyment or use of the property in a particular manner, such term, condition or obligation shall be held to be annexed to the property which is the subject-matter of the transfer or agreement and shall be enforced against the transferee or owner and all persons deriving title or interest under or through him, notwithstanding (a) any law for the time being in force, and

(b) that the Corporation are not in possession of or interested in any immovable property for the benefit of which, the term, condition or obligation was agreed to, entered into or imposed.]

LIABILITIES

SECTION 93: DEBTS PAYABLE BY THE CORPORATION

So much of the following moneys as are still repayable on the day when this Act comes into force shall be repaid, together with the interest due thereupon, by the Corporation, namely

(a) to the 1[Government]

VEHAR WATER-WORKS DEBT

(i) the balance of the debt due on account of the Vehar water-works 2[referred to] in section 140 of the Bombay Municipal Acts of 1872 and [1878]3, with simple interest thereon at the rate of four per centum per annum;

THE CONSOLIDATED LOAN

(ii) the balance of the consolidated loan, at the same was defined in section 3, clause (3) of the Bombay Municipality's Consolidated Loan Act, 1880, due on various accounts, with interest thereon at the rate of four-and-a-half per centum per annum.

(b) to municipal security-holders-

HOUSE RATE AND MARKET LOANS OF 1867-1868

(iii)the house rate loan and the two market loans raised in 1867 and 1868 under the provisions of the Bombay Municipal Act, 1865 with interest thereon at the rate of six per centum per annum ;

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

2. The words "referred to" were substituted with effect from the 3 1 st December, 1892 for the original word by Bom 2 of 1894,s.2.

3. Bom 3 of 1872, 4 of 1878 and 2 of 1880 are repealed by s 2 of this Act.

4. Bom 2 of 1865 was repealed by Bom 3 of 1872.

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NEW DRAINAGE LOAN OF 1878

(iv) the drainage loan of 1978 raised under the provisions of the Public Works Loan Act, 187 I with interest thereon at the rate of five per centum per annum

SANITARY WORKS' LOANS OF 1885, 1886 AND 1888

(v) the sanitary works loans of 1885, 1886 and 1888 contracted under the provisions of the Local Authorities Loans Act, 1879,2 with interest thereon at the rate of five per centum per annum

TANSA WATER WORKS' LOAN

(vi) the portion of the Tansa water-works loan contracted under the Act last

aforesaid previous to the coming into force of this Act

DRAINAGE AND WATER-WORKS' LOAN OF 1888

(vii) the portion of the drainage and water-works' loan of 1888 contracted under the said Act previous to the coming into force of this Act.

REPAYMENT OF MONEYS DUE TO THE 3[GOVERNMENT]

SECTION 94: VEHAR WATER-WORKS' DEBT REPAYABLE IN MONTHLY INSTALMENTS

In order to secure the repayment of the Vehar water-works' debt, the Commissioner shall, on the first day of every month, until the whole of the said debt, together with the interest due thereon, shall be liquidated, pay to 3[the Government] a sum of rupees 4[nine thousand four hundred and ninety-eight.]

SECTION 95: PERIOD OF REPAYMENT OF CONSOLIDATED LOAN

(1) The whole of the consolidated loan, together with the interest due thereon, shall be repaid within thirty years from the first day of January 1881.

(2) Mode of repayment.-For better securing the repayment of the said loan, the Commissioner shall pay half-yearly to the 3[Government]], on every first day of January and every first day of July, until the whole of the said loan, together with the interest due thereon, shall be liquidated, a sum of one lakh seventy-eight thousand three hundred and twenty-six rupees, two annas and five pies.

SECTION 96: PAYMENTS TO WHOM TO BE MADE

(1) Every payment to be made by the Commissioner under either of the two last preceding sections shall be made- '[to the officer for the time being appointed to receive 2[the '[State] Government] dues or into the Bank of Bombay.].

(2) Notice of payments to be published. Notice of every such payment having been made shall be forthwith; published by the Commissioner in the 4[Official Gazette].

SECTION 97: IN CASE OF NON-PAYMENT REPORT TO BE MADE TO THE CHIEF SECRETARY TO '[STATE] GOVERNMENT

If the Commissioner fails to make any of the said payments at the prescribed time the Accountant General shall, within seven days after the day on which such payment ought to have been made, report the fact to the Chief Secretary to '[the '[State] Government] or other officer acting in that capacity.

SECTION 98: ARREARS MAY BE RECOVERED BY DETENTION OF MONEYS DUE TO THE CORPORATION

(1) It shall be lawful for the said Chief Secretary, or other officer acting in that capacity, when any of the said payments is in arrear, to direct any 5[Government Officer], not being a municipal authority or officer, to detain, to the extent of any payment or payments then in arrear, any moneys due or that may become due to the corporation, which he may then or thereafter have in his custody or control.

(2) Such officer shall detain the moneys which he is so directed to detain and pay the same, as they become due to the corporation 6[to the officer for the time being appointed to receive 2[the 3[State] Government] dues, or into the Bank of Bombay].

(3) The moneys so paid shall be applied in or towards satisfaction of the amount for the time being due in respect of the Vehar water-works' debtor of the consolidated loan, in preference to and with priority over all other encumbrances on and claims to such moneys.

SECTION 99: OR BY ATTACHMENT OF THE MUNICIPAL FUND, ETC

(1) If the amount in arrear cannot be recovered in the manner provided in the last preceding section, the If [State] Government] may attatch the municipal fund, or any tax leviable by the corporation.

(2) After such attachment no person, except an officer appointed by the 7[2[State]

Government], shall in any way deal with the attached fund or tax; but such officer may do all act S in respect thereof which the corporation or any municipal authority might have done, if such attachment had not taken place and may apply the proceeds in satisfaction of the amount in arrear and of all expenses involved by the attachment and subsequent proceedings.

(3) Attachment not to defeat prior charge legally made.-Provided that no such attachment shall defeat or prejudice any debt for which the fund or tax attached was previously pledged in accordance with law.; but all such prior charges shall be paid out of the proceeds of the fund or tax attached before any part of the proceeds is applied to the satisfaction of a liability for the Vehar waterworks' debt or the consolidated loan.

SECTION 100: REVERSION OF VEHAR WATER-WORKS TO THE 1[GOVERNMENT] IN CASE OF DEFAULT IN PAYMENT OF ANY INSTALLMENT OF THE DEBT DUE ON THEIR ACCOUNT

If the Commissioner fails to make any monthly payment in accordance with section 94, on account of the Vehar water frame works debt and after notice in writing, signed by one of the Secretaries to 2[the 3[State] Government] requiring payment of the same has been served upon him and forwarded 4[to the Mayor] and published for a period of not-less than two months in the 5[Official Gazette] shall still fail to make such payment, the said Vehar water works shall, notwithstanding anything contained in section 88, cease to vest in the corporation and shall forthwith become vested in 6[Government] in trust for the purposes for which the same were previously vested in the corporation

SECTION 101: OTHER RIGHTS REMEDIES OF THE '[GOVERNMENT] NOT TO BE AFFECTED

Nothing in the four last preceding sections shall affect the rights or remedies which the 3 [Government] has or shall have independently of this Act for the recovery of the moneys aforesaid forthwith become vested in 1[Government].

SECTION 102: METHOD OF APPROPRIATING PAYMENTS ON ACCOUNT OF THE VEHAR WATERWORKS

The annual sum of the monthly instalments paid by the Commissioner under section 94 and all recoveries made under any of the foregoing sections on account of the Vehar water-works' debt shall be appropriated as follows, namely:

firstly, to the payment of the interest accrued on account of the principal sum of rupees thirty-seven lakhs thirty thousand and fifty-three due on account of the said debt on the first day of July 1863;

secondly to the payment of interest on all sums advanced by the [Government] in connection with the said works since the first day of July 1863; thirdly, to the payment of all sums subsequently advanced as aforesaid; and lastly, to the liquidation of the said principal sum of rupees thirty-seven lakhs thirty thousand and fifty-three

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

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. these words were substituted for the words "to the President of the Corporation" by Mah. 10 of 1998, s 54.

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

6. This word was substituted for the words "Her Majesty" by the Adaptation of Laws Order, 1950.

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SECTION 103: METHOD OF APPROPRIATING PAYMENTS ON ACCOUNT OF THE CONSOLIDATED LOAN

Every payment made by the Commissioner under Section 95 and all recoveries made under any of the foregoing sections on account of the consolidated loan shall be appropriated first to the payment of the interest due at the time of such payment or recovery and secondly to the reduction of the principal.

REPAYMENT OF HOUSE-RATE AND MARKET LOANS OF 1867-68

SECTION 104: SINKING FUND FOR HOUSE RATE AND MARKET LOANS TO BE MAINTAINED

(1) Until such times as the corporation repay the house-rate loan and the two market loans raised in 1867 and 1868 under the provisions of Sections 253 to 2158 of the 2 [Bombay Municipal Act, 1865, it shall be incumbent on the corporation to maintain out of the taxes, on the security of which the said loans were raised, the sinking-fund prescribed by Section 257 of the said Act:

(2) Provided that in the event of the corporation's discharging any portion of the said loans at any time previous to the time at which they are repayable in full, it shall be competent to the corporation to reduce pro tanto the amount of the said sinking fund.

PUBLICATION OF ANNUAL ACCOUNT OF BALANCES DUE ON LOANS.

SECTION 105: ACCOUNT OF BALANCES DUE ON LOANS TO BE PUBLISHED BY THE COMMISSIONER YEARLY

(1) The Commissioner shall, in the month of 3[April] in each year, publish in the '[Official Gazette] an account showing the balances due by the corporation on the last preceding thirty-first day of 4[March] to the 5[Government] and to municipal security

6[****] holders, [and holders of securities issued by the Board of Trustees for the Improvement of the City of Bombay under and in accordance with the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925] respectively, on account of each debt or loan, if any, at the time still repayable by the corporation.

(2) The Commissioner shall also cause the said account to be printed and a printed copy thereof to be forwarded to the usual or last known local place of abode of each councillor.

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1. This word was substituted for the words "Her Majesty" by the Adaptation of Laws Order. 1950.

2. Bom. 2 of 1865 was repealed by Bom. 3 of 1872.

3. The words "April" and "March" were respectively substituted for the original words "January" and "December" by Bom. 10 of 1928.

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

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

6. These words and figures were inserted by Bom 13 of 1933, s 21.

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CHAPTER V-A POWER TO EVICT PERSONS FROM CORPORATION PREMISES

SECTION 105A: DEFINITIONS

In this Chapter

(a) "Commissioner" in relation to premises of the corporation which vest in it for the purposes of the 2[Brihan Mumbai Electric Supply and Transport Undertaking, means the General Manager;]

(b) "corporation premises" means any premises belonging to, or vesting in, or-taken on lease by, the corporation;

(d) "unauthorised occupation in relation to any corporation premises" means the occupation by any person of corporation premises without authority for such occupation; and includes the continuance in occupation by any person of the premises after the authority under which he was allowed to occupy the premises has expired, or has been duly determined.

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1. Chapter V-A was inserted by Mah 14 of 1961, s 4.

2. These words were substituted by Mah. 25 of 1996, w.e.f 4.9.1996.

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SECTION 105B: POWER TO EVICT PERSON FROM CORPORATION PREMISES

(1) Where the Commissioner is satisfied

(a) that the person authorised to occupy any corporation premises has, whether before or after the commencement of the Bombay Municipal Corporation (Amendment) Act, 1960,

(i) not paid for a period of more than two months, '[the rent, taxes, fees or compensation] lawfully due from him in respect of such premises; or

(ii) sub let, the whole or any part of such premises; or

(iii) committed, or is committing, such acts of waste as are likely to diminish materially the value, or impair substantially the utility, of the premises; or

(iv) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises;

(b) that any person is in unauthorised occupation of any corporation premises;

(c) that any corporation premises in the occupation of any person are required by the corporation in the public interest, the Commissioner may notwithstanding anything contained in any law for the time being in force, by notice (served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be provided for by regulations), order that that person, as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month of the date of the service of the notice.

(2) Before an order under sub-section (1) is made against any person, the Commissioner shall issue, in the manner hereinafter provided, a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.

The notice shall,

(a) specify the grounds on which the order of eviction is proposed to be made, and

(b) require all persons concerned, that is to say, all persons who are or may be in occupation of, or claim interest in, the corporation premises, to show cause against the proposed order, on or before such date as is specified in the notice.

If such person makes an application to the Commissioner for the extension of the period specified in the notice, the Commissioner may grant the same on such terms as to payment and recovery of the amount claimed in the notice, as he deems fit.

Any written statement put in by any person and documents produced, in pursuance of the notice, shall be filed with the record of the case, and such person shall be entitled to appear before the Commissioner by advocate, attorney or pleader.

The notice to be served under this sub-section shall be served in the manner provided for the service of a notice under sub-section (1); and thereupon, the notice shall be deemed to have been duly given to ail persons concerned.

(3) If any person refuses or fails to comply with an order made under sub-section (1), the Commissioner may evict that person and any other person who obstructs him and take possession of the premises; and may for that purpose use such force as may be necessary.

(4) The Commissioner may, after giving fourteen clear days notice to the person from whom possession of the corporation premises has been taken under sub-section (3) and after publishing such notice in the Official Gazette and in at least one newspaper circulating in the locality, remove or cause to be removed, or dispose of by public auction any property remaining on such premises. Such notice shall be served in the manner provided for the service of a notice under sub-section (1).

(5) Where the property is sold under sub-section (4), the sale-proceeds shall, after deducting the expenses of sale, be paid to such person or persons as may appear to the Commissioner to be entitled to the same:

Provided that, where the Commissioner is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he shall refer such dispute to a civil court of competent jurisdiction, and the decision of the court thereon shall be final.

(6) If a person, who has been ordered to vacate any premises under sub-clause (i) or (iv) of clause (a) of sub-section (1), within one month of the date of service of the notice, or such longer time as the Commissioner may allow, pays to the Commissioner the rent and taxes in arrears, or as the case may be, carries out or otherwise complies with the terms contravened by him to the satisfaction of the Commissioner, the Commissioner shall on such terms, if any (including the payment of any sum by way of damages or compensation for the contravention aforesaid), in lieu of evicting such person under sub-section (2), cancel his order made under sub-section (1); and thereupon such person shall continue to hold the premises on the same terms on which he held them immediately before such notice was served on him.

SECTION 105C: POWER TO RECOVER RENT OR DAMAGES AS ARREARS OF PROPERTY TAXES

(1) Subject to any regulations made by the Commissioner in this behalf, but without prejudice to the provisions of section 105B, where any person is in arrears of rent payable in respect of any corporation premises, the Commissioner may, by notice served in the manner

provided for service of notice under sub-section (1) of section 105B, order that person to pay the same within such time not less than ten days as may be specified in the notice.

(2) Where any person is in unauthorised occupation of any corporation premises the Commissioner may, in the manner and having regard to the principles of assessment of damages, provided for by regulations, assess such damages on a I account of the use and occupation of the premises as he may deem fit, and may, by notice served in the manner referred to in sub-section (1), order that person to pay the damages within such time as may be specified in the notice.

(3) If any person refuses or fails to pay within the time specified in the notice, the arrears of rent under sub-section (1), or damages under sub-section (2), the Commissioner may recover the amount of rent, or as the case may be, of damages in the same manner as the general or property tax due from such person.

(4) No order shall be made under sub-section (2) until after the issue of a notice in writing to the person calling upon him to show cause, within a reasonable period to be specified in such notice, why such order should not he made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the Commissioner.,

SECTION 105D: RENT TO BE RECOVERED BY DEDUCTION FROM SALARY OR WAGES IN CASE OF CORPORATION EMPLOYEES

Without prejudice to the provisions of section 105B, in the case of any person who is an employee of the corporation and who has been allotted any corporation premises, the amount of rent due by him in respect of such premises shall, on a requisition in writing made in this behalf by the Commissioner to the Head of the Corporation Department or Officer under whom such person is employed, be liable to be deducted from the salary or wages payable to such person. On receipt of such requisition, the Head of such Department or Officer, as the case may be, shall deduct from the salary of wages payable to such person the amount specified in the requisition and pay the amount so deducted to the Commissioner in satisfaction of the rent due by him.

SECTION 105E: COMMISSIONER TO HAVE POWERS OF CIVIL COURT

The Commissioner shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

SECTION 105F: APPEALS

(1) An appeal shall lie from every order of the Commissioner, made in respect of any corporation premises, under section 105B or section 105C, to an appellate officer who shall be the principal Judge of the City Civil Court of Bombay or such other judicial officer in 1[Brihan Mumbai] of not less than ten year's standing, as the principal Judge may designate in this behalf.

(2) An appeal under sub-section (1) shall be preferred;

(a) in the case of an appeal from an order under section 105B, within thirty days from the date of the service of the notice relating to the order under sub-section (1) of that section, and

(b) in the case of an appeal from an order under section 105C, within thirty days from the date of the service of the notice relating to the order under sub-section (1) or (2) of that section, as the case may be :

Provided that, the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented by sufficient-cause from filing the appeal in time.

(3) Where an appeal is preferred from an order of the Commissioner, the appellate officer may stay the enforcement of that order for such period, and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.

SECTION 105G: FINALITY OF ORDERS

Save as otherwise expressly provided in this Chapter, every order made by the Commissioner or the appellate officer under this Chapter shall be final, and shall not be called in question in any original suit, application or execution proceeding.

SECTION 105H: POWER TO MAKE REGULATIONS

[The Commissioner, with the approval of the Standing Committee and the General Manager with the approval of Brihan Mumbai Electric Supply and Transport Committee] may make regulations for all or any of the following matters, namely

(a) the forms of notices under sections 105B and 105C and for prescribing the other manner in which they may be served under those sections

(b) the holding of inquiries under this Chapter;

(c)the procedure to be followed in taking possession of any corporation premises under section 105B ;

(d) the manner in which the damages under section 105C may be assessed and the principles which may be taken into account in assessing such damage ;

(e) the manner in which appeals may be preferred under section 105F and the procedure to be followed in such appeals

(f) any other matter which has to be, or may be, prescribed under this Chapter by regulations.]

CHAPTER VI BORROWING POWERS

SECTION 106: POWER TO BORROW FROM CENTRAL OR 2[STATE GOVERNMENT OR OTHER PERSONS

The corporation may from time to time borrow or re-borrow and take up at interest from 3[the Central or the 2[State] Government] or with the sanction of the'[' [State] Government], from any other person, any sum necessary for the purpose of-

(a) defraying any costs, charges or expenses incurred or to be incurred by them in the execution of this Act,

(b) discharging any loan contracted under this Act or any other loan or debt for the repayment of which they are liable,

(d) generally, carrying out the purposes of this Act including, the advance of loans under section 354W.

SECTION 107: PROVISIONS APPLICABLE TO ANY NEW LOAN CONTRACTED WITH CENTRAL OF 2[STATE] GOVERNMENT

If any new loan shall be contracted by the corporation under this Act with 1[the Central or the 2[State] Government the same shall be subject, as regards repayment and security and in every other respect, to the same provisions as are herein before contained in respect of the consolidated loan. save only that the rate of interest., the period of repayment and the number and amount of the instalments shall, in the-case of any such new loan, be fixed 3[by the Central Government, or, as the case may be, the 2[State] Governments]

SECTION 108: MORTGAGE OF TAXES OR IMMOVABLE PROPERTY

(1) The corporation may borrow or re-borrow any such sum as aforesaid from any person other than 3[the Central or the 2[State] Government], on the security of any immovable property belonging to them or proposed to be acquired by them under this Act or of all the taxes or of any tax which they are authorised to levy for the purposes of this Act '[or of the Brihan Mumbai Electric Supply and Transport Undertaking] or of all or any of those securities.

(2) And for the purpose of securing the repayment of any sum so borrowed, with interest thereon, they may mortgage to the person by or on behalf of whom such sum is advanced any such immovable property or tax [or the said undertaking].

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1. New section 106 was substituted by Born. 13 of 1933, s 22. for the original as amended by Act 38 of 1920, s 2. and Sch 1 Part IV. and Bom. I of 1925, s 17.

2. This word was as substituted for the A word Provincial by the Adaptation of Laws Order, 1950.

3. The words the Central or the Provincial Government" were substituted for the words " the Secretary of State for India and Council" 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. The proviso was omitted by the Adaptation of Indian Laws Order in Council.

6. The words "the Central or the Provincial Government" were substituted for the words "The Secretary of State for India in Council", by the Adaptation of Indian Laws Order in Council.

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SECTION 109: PROVISIONS AS TO EXERCISE OF BORROWING POWERS

The exercise of the powers of borrowing conferred by this Act shall be subject to the following provisions, namely:

(a) money shall not be borrowed for the execution of any work other than a permanent work including under this expression any work, of which the cost ought, in the opinion of 3[the 4[State] Government], to be spread over a term of years;

5[(b) the sum borrowed for any purpose other than for discharging any of the obligations arising out of the transfer to the Corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925, 6[or other than for discharging any obligation arising out of the acquisition, extension, administration, operation or maintenance of the Brihan Mumbai Electric Supply and Transport Undertaking, 7[or other than for discharging any obligations arising out of any of the provisions contained in Chapter IX and X] including the balances of all the outstanding loans and debts borrowed for any of the said purposes shall not exceed in the whole 8[three times] the rateable value of the premises in 9[Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and

5[(C)

the sum borrowed for the purpose of discharging any of the obligations arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trust

for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925, including the balances of all outstanding loans and debts borrowed by the Board of Trustees for the Improvement of the City of Bombay under City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925, and by the Corporation for the purpose of discharging the aforesaid obligations, shall not at any time exceed in the whole double the rateable value of the premises in 1[Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and

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1. These words were inserted by Bom 48 of 1948, s 19.

2. These words were inserted by Bom 48 of 1948, s. 19.

3. The words "the Provincial Government" were substituted for the words "Government by the Adaptation of Indian Laws Older in Council.

4. This word was substituted for the word "Provincial" by the Adaptation of Law Order. 1950.

5. Clauses (b) (c) and (d) were substituted for the original clause (b) by Bom. 13 of 1933, s 23(a).

6. These words were inserted by Bom 48 of 1948, s 20.

7. These words and figures were inserted by Mah, 34 of 1973, s 7(a).

8. These words were substituted for the word "double" by Mah. 21 of 1989, s 17(a)

9. These words were substituted for the words "Greater Bombay" by Mah of 1996,

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2[(d) the sum borrowed under clause (c) for the purpose of making good any deficit in budget estimate B framed under section 126 shall not in any year exceed twenty lakhs of rupees; 3[and

(dd)

the sum borrowed for the purpose of discharging any obligation arising out of the acquisition, extension, administration, operation, or maintenance of the Bombay Electric Supply and Transport Undertaking including the balances of all the outstanding loans and debts borrowed for the said purpose, shall not at any time exceed in the whole '[three times] the rateable value of the premises in I 1[Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and]

5[(ddd) the sums borrowed for the purposes of discharging any obligations arising out of any of the provisions of Chapter IX and X, including the balances of all the outstanding loans and debts borrowed for any of the said purposes, shall not t any time exceed on the whole thrice the rateable value of the premises in 1[Brihan Mumbai assessable, as hereinafter provided, to property taxes; and]

7[(e) the money may be borrowed for such time, not exceeding sixty years, as the corporation, with the sanction of the 8[9[State] Government], determine in each case;

7[10[(f) the corporation shall either pay off the money so borrowed within the period sanctioned, by equal annual instalments of principal or of principal and interest, or in such other manner as may be approved by 11[the 9[State] Government], or they shall in every year set apart as a sinking fund and accumulate in the way of compound interest, by investing the same in the purchase of public securities, such sum as will, with accumulations in the way of compound interest, be sufficient, after payment of all expenses, to pay off the moneys so borrowed within the period sanctioned or within such other period as may be approved by 1[the 2[State] Government];

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1. These words were substituted for the words "Greater Bombay" by Mah 25 of 1996, w.e.f. 4.9.1996.

2. Clause (b) (c) and (d) were substituted for the original clause (b) by Born. 13 of 1933, s. 23(a).

3. This portion was inserted by Bom 48 of 1948, s 20.

4. These words were substituted for the word "double" by Mah. 21 of 1989, s. 17(b).

5. Clause (ddd) was inserted by Mah. 34 of 1973, s. 7(b).

6. These words were substituted for the words "in the whole double" by Mah, 10 of 1998, s. 56.

7. Original clauses (c) to (g) of section 109 were relettered (e) to (i) by Bom 13 of 1933, s. 23(b).

8. The words "Provincial Government" were substituted for the words "Government-in-Council" 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.

10. New clause (f) was substituted for the original by Born. 13 of 1933, s. 23(c).

11. These words "the provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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3[(g) the Corporation may at any time apply the whole or any part of a sinking fund set apart under this section in or towards the discharge of the moneys for the repayment of which the fund has been established: provided that they pay into the fund each time that interest would have been received by the corporation in respect of the sinking fund or the part of the sinking fund so applied, and accumulate, until the whole of the moneys borrowed are discharged, a sum equivalent to the interest which would have been so received;

3[(h) the investment every year of any sum set apart as portion of the principal of a sinking fund shall be made within fifteen days after the day on which the second half-yearly payment of interest is due by the corporation in respect of the loan for repayment of which such sinking fund is established; and the reinvestment of any sum received by the corporation on account of interest on moneys appertaining to a sinking fund already invested, and the investment of any sum payable into the fund under clause 4[(g)] as the equivalent of interest which the corporation would have received, if the sinking fund or a part thereof had not been applied in any manner authorized by the said clause, shall be made within one Month from the day on which such interest is received or from the day on which such interest would have been received, as the case may be

5[Provided that during the year in which the loan for repayment of which a sinking fund has been established is due for repayment, the sum to be set apart as portion of the principal of such sinking fund and the sum received on account of interest on moneys forming part of such sinking fund may be retained by the corporation in such form as they think fit;]

3[(i)where, money is borrowed for the purpose of discharging a previous loan, the time for repayment of the money so borrowed shall not, unless with the sanction of 1[the 2 [State] Government] extend beyond the unexpired portion of the period for which the original loan was sanctioned and shall in no case be extended beyond the period of sixty years-from the date of the original loan :

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1. These words "the provincial Government" were substituted for; the word "Government" by the Adaptation of Indian Laws Order in Council.

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

3. Clauses (c) to (g) of section 109 were relettered (e) to (i) by Bom 13 of 1933, s. 23(b).

4. The brackets and letter (g) were substituted for the brackets and letter (c) by Bom 76 of 1948, S. 12.

5. This proviso was inserted by Born 13 of 1933, s 23(d).

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1[Provided that, nothing contained in this clause shall apply to any sum borrowed for the purposes of any capital works in relation to Chapters IX and X.]

SECTION 109A: INVESTMENT OF SINKING FUND AND SURPLUS MONEYS IN DEBENTURES ISSUED BY THE CORPORATION

(1) In respect of any sinking funds which by this Act the corporation are directed or empowered to invest in public securities, and in respect of any surplus moneys which by this Act the Commissioner on behalf of the corporation is. empowered to invest in like securities, it shall be lawful for the corporation to-reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the 3[4[State] Government], 5[* * * *] shall have been duly obtained under Section 106 or issued by the Board of Trustees for the Improvement of the City of Bombay under Section 52 of the City of Bombay Improvement Act, 1998 or section 68 of the City of Bombay Improvement Trust Transfer Act, 1925, provided that the intention so to reserve and set apart such debentures shall have been notified as a condition of the issue of the loan.

(2) The issue of any such debentures direct to and in the name of "The Municipal Commissioner for 6[Brihan Mumbai] on behalf of the corporation shall, not operate to extinguish or cancel such debentures, but every debenture so issued shall be valid in all respects as if issued to and in the name of any other person.

(3) The purchase by, or the transfer, assignment or endorsement to, the corporation or to the Municipal Commissioner on behalf of the corporation of any debenture, issued, by the corporation or by the Board of Trustees for the Improvement of the City of Bombay shall not operate to extinguish or cancel any such debenture, but the same shall be valid and negotiable in the same manner and to the same extent as if held by, or transferred, assigned or endorsed to any other person.

SECTION 109AA: ANNUAL EXAMINATIONS OF SINKING FUNDS

(1) All sinking funds established under this Act shall be subject to annual examination by 1[the Chief Auditor, Local Rind Accounts who shall ascertain whether the cash and the value, of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom,

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1. This proviso was added by Mah 34 of 1973, s 7(c)

2. New Section 109-A. 109-B and 109-C were inserted by Bom. 13 of 1933, s.24.

3. The words "Provincial Government" were substituted for the words "Local Government" by the Adaptation of Indian Laws Order In Council,

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

5. These words were omitted. by the Adaptation of Indian Laws Order in council.

6. These words were substituted for the words "Greater Bombay by Mah. 25 of' 1996. w.e.f 4.9.1996.

7. This section was inserted by Bom 76 of 1948, s 13,

8. These words were ere substituted for the words "the Accountant General, Bombay," by Mah 42 of 1976. s 7.

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(2) The amount which should be at the credit of a sinking fund shall be calculated on the basis of the present value of all future payments required to be made to such fund under the provisions of this Act, on the assumption that all investments are regularly made and the rate of interest as originally estimated is obtained therefrom.

(3) The securities belonging to a sinking fund shall be valued for the purposes of this section at their current market value,, except in the case of debentures issued under this Act or under any previous Act relating to the municipal government of the city or under the City of Bombay Improvement Act, 1898, or under the City of Bombay Improvement Trust, Transfer Act, 1925, which shall always be valued at par, provided that the corporation shall make good immediately any loss which may accrue on the actual sale of such debentures at the time of the repayment of the loan.

(4) The corporation shall forthwith pay into any sinking fund any amount which 1[the Chief Auditor, Local Fund Accounts,] may certify to be deficient, unless the 2[3 [State] Government] specially sanctions a gradual readjustment.

(5) If the cash and the value of the securities at the credit of any sinking fund are in excess of the amount which should be at its credit '[the Chief Auditor, Local fund Accounts,] shall certify the amount of such excess sum and the corporation may thereupon transfer the excess sum to the municipal fund.

(6) If any dispute arises as to the accuracy of any certificate made by '[the Chief Auditor, Local Fund Accounts under sub-section (4) or (5) the corporation may, after making the payment or transfer, as the case may be, refer the matter to the 2[3[State] Government] whose decision shall be final.]

SECTION 109B: 4[CORPORATION MAY TAKE ADVANCE FROM BANKS AND GRANT MORTGAGE

(1) Notwithstanding anything contained in sections 106, 108 and 109 the corporation may, with the previous sanction of, the 1[3[State

Government] and for the purpose of discharging any liability arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees constituted under the City of Bombay Improvement Trust Transfer Act, 1925, take from any bank or banks credit on a cash account to be opened and kept with such bank or banks in the name of the corporation, for a sum not exceeding in the aggreagate fifteen lakhs of rupees on the security of all or any of the taxes which the corporation are authorised to levy for the purposes of this Act.

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1. These words were substituted for the words "the Accountant General, Bombay." by Mah. 42 of 1976, s 7.

2. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

3. The word was substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.

4. New Section 109-A, 109-B and 109-C were inserted by Bom 13 of 1933, s.24.

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(2) The corporation may also, with the previous sanction of 1[the 2[State] Government] and subject to the provisions of this Act, mortgage any lands or property vesting or revesting or belonging to the corporation in security for the payment of the amount of such credit or of the sums advanced from time to time on such cash account with interest thereon.

SECTION 109C: CORPORATION TO HAVE POWER TO BORROW FROM BANKS AGAINST GOVERNMENT PROMISSORY NOTES OR SECURITIES

Notwithstanding anything contained in Sections 106 and 109, the corporation may also borrow, for the purpose of this Act, from any bank or banks in which under Section 122 the surplus moneys at the credit of the municipal fund may be deposited, against any Government promissory notes or other securities in which for the time being the cash balance of the corporation may be invested.]

SECTION 110: FORM OF SECURITY

(1) Every mortgage authorized to be made under this Chapter 3[other than a mortgage made under section 109B] shall be by debenture in the form contained in Schedule C or in such other form as the Corporation, with the consent of 4[the Provincial Government] shall from time to time determine:

(2) Every debenture issued under this Act 5[other than a debenture issued under section 110D] shall be transferable by endorsement 6[*******]

(3) The right to payment of the moneys secured by any of such debentures and to sue in respect thereof shall vest in the holder thereof for the time being, without any preference by reason of some of such debentures being prior in date to others.

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1. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

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

3. These words and figures were inserted by Bom 13 of 1933, s.25(a).

4. These words were inserted by Bom 12 of 1933, s 25(b).

5. The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council.

6. The words and letter "and such transfers may be in the form-of Schedule D, or to the like effect" were deleted and have been deemed always to have been deleted by Bom 76 of 1948, s 14.

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SECTION 110A: ISSUE OF DUPLICATE SECURITIES

(1) When a debenture issued under this Act or any previous Act relating to the municipal government of the city 2[or under the City of Bombay Improvement Act, 1893, or the City of Bombay Improvement Trust Transfer Act, 1925], is alleged to have been 3[lost stolen or destroyed either wholly or in part] and a person claims to be the person to whom but for the loss, 4[theft] or destruction it would be payable, he may, on application to the Municipal Commissioner, and on producing proof to his satisfaction of the loss, 4[ [theft] or destruction and of the justice of the claim, obtain from him an order for

5[(a) if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in subsection (2),

(i) for the payment of interest in respect of the debenture pending the issue of a duplicate debenture, and

(ii) for the issue of a duplicate debenture payable to the applicant, or

(b) if the debenture alleged to have been lost, stolen or destroyed is payable not more than six years after the date of publication of the notification referred to in sub-section (2),

(i) for the payment of interest in respect of the debenture without the issue of a duplicate debenture, and

(ii) for the payment to the applicant of the principal sum due in respect of the debenture on or, after the date on which the payment becomes due.]

(2) An order shall not be passed under sub-section (1) until after the issue of such notification of the loss 6[theft] or destruction of the debenture as may be prescribed by the corporation, and after the expiration of such period as may be prescribed by the corporation, nor until the applicant has given such indemnity as may be required by the corporation against the claims of all persons deriving title under the debenture lost, [stolen] or destroyed.

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1. Sections 11OA to 11OC were inserted by Bom. I of 19 10, s 2, Serial No. 16.

2. These words and figures were inserted by Bom 13 of 1933, s 26.

3. These words were substituted for the words "wholly or partly loast or destroyed" by Born. 5 of 1938, s 12(a)(i).

4. This word was inserted by Bom 5 of 1938, s 12(a) (ii).

5. These clauses were substituted for the original by Bom. 5 of 1938, s 12(a) (iii).

6. This word was inserted by Bom. 5 of 1938, s 12 (b) (i).

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2[(3) A list of the debentures in respect of which an order is passed under sub-section (1) shall be published in the Official Gazette.]

3[(4) If at any time before the corporation becomes discharged under the provisions of section 110AD from liability in respect of any debenture the whole of which is alleged to have been lost, stolen or destroyed, such debenture is found, any order passed in respect thereof under this section shall be cancelled.]

SECTION 110AA: 4[RENEWAL OF DEBENTURES

Subject to the provisions of section I I 0AB, a person claiming to be entitled to a debenture issued under this Act or any previous Act relating to the municipal government of the city or under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, may on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner obtain a renewed debenture payable to the person applying.

SECTION 110AB: RENEWAL OF DEBENTURES IN CASE OF DISPUTE AS TO TITLE

(1) Where there is a dispute as to the title to a debenture issued under this Act or any previous Act relating to the municipal government of the city or under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, in respect of which an application for renewal has been made, the Commissioner may

(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party, or

(b) refuse to renew the debenture until such a decision has been obtained, or

(c) after such inquiry as is hereinafter provided and on consideration of the result thereof, declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration issue a renewed debenture in favour of such party in accordance with the provision of Section 110AA unless within that period he has received notice that proceedings have been instituted by any person in a court of competent jurisdiction for the purpose of establishing a title to such debenture.

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1. This word was inserted by Bom 5 of 1938, s 12 (b) (ii).

2. This sub-section was substituted for the original by Bom. 5 of 1938, s 12(c).

3. This sub-section was added by Bom 5 of 1938, s 12(d).

4. Section 110AA to 110AE were inserted by Bom. 5 of 1938, s 13.

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Explanation:- For the purposes of this sub-section the expression "final decision" means a decision which is not appealable or a decision which is appealable but against which no appeal has been filed within the period of limitation allowed by law.

(2) For the purposes of the inquiry referred to in sub-section (1) the Commissioner may himself record, or may request the District Magistrate to record or to have recorded, the whole or any part of such evidence as the parties may produce. The District Magistrate to whom such request

has as been made may himself record the evidence or may direct any Magistrate subordinate to him to record the evidence and shall forward the record of such evidence to the Commissioner.

(3) The Commissioner or any Magistrate acting under this section may, if he thinks fit, record evidence on oath.

SECTION 110AC: LIABILITY IN RESPECT OF DEBENTURE RENEWED

(1) When a renewed debenture has been issued- under. Section I I OAA in favour of any person, the debenture so issued shall be deemed to constitute a new contract between the corporation and such person and all persons deriving title thereafter through him.

(2) No such renewal shall affect the rights as against the corporation of any other person to the debenture so renewed.

SECTION 110AD: DISCHARGE IN CERTAIN CASES

When a duplicate debenture has been issued under section 110A, or when a renewed debenture has been issued under section 110AA or section 110AB, or when the principal sum due on a debenture in respect of which an order has been made under section 11DA for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued, or in respect of which such payment has been made, as the case may be

(a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 110A or from the date, of the last payment of interest on the original debenture, whichever date is later,

(b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof, and

(c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (i) of section 110A.

SECTION 110E: INDEMNITY

Notwithstanding anything in section 110AA or 110AB, the Commissioner may in any case arising under either of those sections

(1) issue a renewed debenture upon receiving such indemnity in favour of the corporation and the Commissioner as he shall think fit against the claims of a] I persons claiming under the original debenture, or

(2) refuse to issue a renewed debenture unless such indemnity is given.]

SECTION 110B: 1[RIGHT OF SURVIVORS OF JOINT PAYEES OF SECURITIES

(1) Notwithstanding anything in Section 45 of the Indian Contract Act, 1872, when any debenture issued under this Act or any previous Act relating to the municipal government of the city 2[or under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925], is payable to two or more persons jointly and either or any of them dies, the debenture shall be, payable to the survivor or survivors of those persons.(2) Nothing herein contained shall affect any claim which the representative of the deceased person may have against the survivor or survivors in respect of the debenture jointly payable to him or them and the deceased.

(3) This section shall apply whether the death of the person to whom the debenture or security was jointly payable occurred or occurs before or after this section comes into force.

SECTION 110C: 1[POWER OF ONE OR TWO OR MORE JOINT HOLDERS TO GRANT RECEIPTS

Notwithstanding anything in Section 45 of the Indian Contract Act, 1872, when two or more persons are joint holders of any debenture issued under this Act, or any previous Act relating to the municipal government of the City, 2[or under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925 any one of those persons may give an effectual receipt for any interest or dividend payable in respect of such debenture unless notice to the contrary has been given to the Commissioner by any other of the holders.

SECTION 110D: DEBENTURES ISSUED UNDER BOMBAY ACTS IV OF 1898 AND XVI OF 1925

(1) The holder of any debenture issued by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, may obtain in exchange therefor, upon such terms as the corporation shall from time to time determine, a debenture in any other form which the corporation may, with the previous consent of [the Provincial Government], prescribe.

(2) Every debenture issued under the City of Bombay Improvement Act, 1898 or the City of Bombay Improvement Trust Transfer Act, 1925, or by the corporation under subsection (1) shall be transferable

(a) if it is in the form of Schedule AA by endorsement, and

(b) if it is in any other form, in such manner as is therein expressed.

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1. Sections 110A to 110C were inserted by Bom I of 19 10, s 2, Serial No. 16.

2. These words and figures were inserted by Bom 13 of 1933, s 26.

3. Sections 110D to 11014 were inserted by Bom 13 of 193 3, s 27.

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(3) The rights to sue in respect of the moneys secured by debentures issued under this section or the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, shall vest, in the respective holders thereof for the time being without any preference by reason of some of such debentures being prior in date to others.

SECTION 110DD: 2[ISSUE OF STOCK CERTIFICATES

(1) The '[Standing Committee] at its discretion may, at the time of issue or at any time during the currency of any debentures or securities issued under the provisions of this Act or any previous Act relating

to the municipal government of the city or under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, upon the application of the subscriber for, or holder of any such debentures or securities, issue to him, in lieu of the debentures or securities deliverable to or held by him, a certificate in the nature of a stock certificate in respect

of the loan to which such debentures or securities relate, which shall be in such form as the corporation with the previous consent of [the Provincial Government], shall from time to time determine, and all the provisions as to interest or dividend on such debentures or securities shall, so far may be, apply to the interest on the stock certificate.

[(1A) The repayment of the principal sum mentioned in a stock certificate issued under sub-section (1) in lieu of a debenture or any other security, not being a debenture issued under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, or a debenture issued under the Act in renewal of such a debenture, and the interest payable thereon shall be deemed to be secured by a mortgage of a proportion of all the taxes which may be levied under this Act in the same manner and to the same extent as if a debenture for the same sum has been issued in the form contained in Schedule C to this Act.]

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1. The words "the provincial Government" were substituted for the word "Government" by the Adaptation of India Laws Order in Council.

2. Section 110D to 110H were inserted by Bom 13 of 1933, s 27.

3. These words were substituted for the words "Mayor-in-council" by Mah. 27 of 1999, s 45(a).

4. Sub-section (1A) was inserted by Bom 32 of 1935, s 6.

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(2) '[Standing Committee] shall upon the application of the holder of a stock certificate convert the same into debentures or securities of the loan to which it relates.

2[(3) The corporation may from time to time make, alter or rescind rules prescribing

(a) the amounts for which stock certificates may be issued;

(b) the fees to be levied in respect of the issue of stock certificates;

(d) the mode in which payment of interest to holders of stock is to be made, recorded and acknowledged;

(e) the form of transfer to be used, the formalities to be observed and the fees to be levied on a transfer of stock

(f) the circumstances and manner in which duplicate stock, certificates may, be issued and the fees to be levied or the indemnity to be required on any such issue,

(g) generally the measures to be adopted for carrying out the objects of this section.

(4) No rule, or alteration or rescission of a rule, shall have effect until the same shall have been approved by Government, and such Approval shall have been published in the Official Gazette; and no rule, or alteration or rescission of a rule, shall be approved by Government until the same shall have been published for three weeks successively in the said Gazette.]

SECTION 3110E: PROVISIONS FOR LOANS, ETC. RAISED BY THE BOARD OF TRUSTEES UNDER BOMBAY ACT IV OF 1898, AND BOMBAY ACT XVI OF 1925

In the case of all loans raised, sinking funds established, debentures or other securities issued and debts incurred by the Board of Trustees for the Improvement of the City of Bombay under and in accordance with the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925, before the City of Bombay Municipal (Amendment) Act, 1933, comes into operation the following provisions shall apply

(i) if when such loans were raised the loans were made repayable from sinking funds, the corporation shall establish sinking funds for the repayment of such loans and shall pay into such funds such sums, on such dates as may have been fixed when the loans were raised;

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1. These words were substituted for the words "Mayor -in-council" by Mah. 27 of 1999, s 45(b).

2. These sub-sections were added by Bom. 5 of 1938, s 14,

3. Section 110D to 110H were inserted by Bom. 13 of 1933, s 27.

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(ii)if when any such loans were raised the loans were-made repayable by equal payments of principal and interest or by equal payments of principal the corporation shall make such payments on such dates and in such manner as may have been fixed when the loans were raised;

(iii) the provisions of clause (f) of section 109 shall, so far as may be, apply to such loans and the said clause shall be construed as if (a) for the word "annual" the words "yearly or half-yearly" were substituted and (b) the words "or in such other manner as may be approved by 1[the Provincial Government]" were omitted;

(iv) the provisions of clause (g) of section 109 shall, so far as may be, apply to such sinking funds and the said clause shall be construed as if for the words "under this section" the works "under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925," were substituted;

(v) the provisions of clause (h) of section 109 (except the proviso) shall, so far as may be, apply and the said clause shall be construed as if after the word "year" the words "or every half year" were inserted and as if the words "second half yearly" were omitted;

(vi) the provisions of section 109A shall, so far as may be, apply to such sinking funds ;

(vii) the provisions of section 110F shall apply to such loans

(viii) the provisions of section 106 shall, so far as may be, apply, and the said section shall be construed as if for the words "contracted under this Act" the words "or debt contracted or incurred under this Act or by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, were substituted

(ix) all securities and cash held by the Board of Trustees for the Improvement of the City of Bombay in existence when the City of Bombay Municipal (Amendment) Act, 1933, comes into operation in sinking funds established for the repayment of such loans shall be transferred to the corporation and shall be held by them as part of the sinking funds established under clause (i)

(x) when money is borrowed for the purpose of discharging any loan contracted by

the said Board of Trustees for the Improvement of the City of Bombay the time for repayment of the loan so borrowed shall not extend beyond the unexpired portion of the period for which the original loan was sanctioned ; and

(xi) for the removal of doubts; it is hereby declared that

(a) All loans contracted, sinking funds established and debts incurred by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925, shall continue to be subject as regards repayment, rate of interest, period, guarantee for fulfilment of liabilities and in all other respects to the same terms and conditions as were fixed by the said Board when such loans, funds, and debts were contracted, established or incurred or as were provided by or under the aforesaid Acts;

(b) All loans contracted, sinking funds established and debts incurred by the corporation under the provisions of this Act or any Act relating to the municipal government of the City of Bombay prior to the date on which the City of Bombay Municipal (Amendment) Act, 1933, comes into force, shall continue to be subject, as regards repayment, rate of interest, period, guarantee for fulfilment of liabilities and in all other respects, to the same terms and conditions as were fixed when such loans, funds, and debts were contracted, established or incurred or as were provided by or under the provisions of the aforesaid Acts prior to the date mentioned above :

Provided that nothing contained in clauses (a) and (b) above shall affect any express provision of the City of Bombay Municipal Amendment Act, 1933, relating to such loans, funds and debts.

SECTION 110F: 1[PROCEDURE IN EVENT OF DEFAULT BY CORPORATION IN PAYMENT OF INTEREST OR INVESTMENT OF SINKING FUND CHARGES

(1) If the corporation fail

(a) to pay any interest due in respect of any loan taken by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, for the repayment of which the corporation have become liable under section 110E;

(b) to pay or to set aside and invest any sum required by section 110E or which the said Board were required to pay or set aside and invest under the provisions of the said Acts, the Accountant General of Bombay shall make such payment or shall set aside and

invest such sum as ought to have been set aside and invested under the said provision or Acts; and the Commissioner shall forthwith pay from the municipal fund to the said Accountant General a sum equivalent to the sum so paid or invested by him ; and if the amount is not so paid 1[the Provincial Government] may attach the rents and other income of the corporation sufficient to pay the said sum and thereupon the provisions of sub-sections (2) and (3) of section 99 shall with all necessary modifications be deemed to apply.

(2) The Corporation may, with the previous sanction of 1[2 [State] Government], levy any such special tax as may be sufficient, to repay to the municipal fund the amount paid by the Commissioner as aforesaid. Such special tax shall be in addition to any of the taxes from time to time leviable under this Act:

'[Provided that nothing in this sub-section shall authorize the levying of any tax which could not be imposed in the 2[State] by the 2[State] Legislature under the 4[Constitution].]

SECTION 110G: 5[PROCEDURE IN CASE OF DEFAULT BY COMMISSIONER

If the Commissioner fails to make the payment as required by section 110F 1[the 2[State] Government may attach the municipal fund or any tax leviable by the corporation or any special tax leviable under sub-section (2) of section 110F sufficient so far as can be estimated to cover such payment and thereupon the provisions of sub-sections (2) and (3) of section 99 shall with all modifications be deemed to apply

Provided that before 1[the 2[State] Government] attaches a special tax leviable under sub-section (2) of section 110F, 1[the 2[State] Government] may require the Corporation to levy the said tax].

SECTION 5[110H: CERTAIN SUMS TO BE A CHARGE UPON THE PROPERTY OF THE CORPORATION

All moneys payable under sub-section (1) of section 110F and levied under section 110G shall constitute a charge upon the property of the corporation.]

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1. The words "the provincial Government" were substituted for the word "Government" by the Adaptation of India Laws Order in Council.

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

3. This proviso was substituted for the original proviso by the Adaptation of Indian Law Order in Council.

4. This word was substituted for the words and figures "Government of India Act, 1935." by the Adaptation of Law Order, 1950.

5. Sections 110D to 110H were inserted by Bom, 13 of 1933, s 27.

Board HR

Friday 2 August 2019

The Mumbai Municipal Corporation Act 1888

THE MUMBAI MUNICIPAL CORPORATION ACT 1888

Preamble.

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