State of Maharashtra - Act
The Maharashtra Municipal Corporations Act, 1949
MAHARASHTRA
India
India
The Maharashtra Municipal Corporations Act, 1949
Act 59 of 1949
- Published on 21 August 2012
- Commenced on 21 August 2012
- [This is the version of this document from 21 August 2012.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the [The Maharashtra Municipal Corporations Act]
[(2) It extends to the areas of Municipal Corporation constituted or deemed to be constituted under the Act.]2. Definitions. - In this Act, unless there be something repugnant in the subject or context, -
3A. [* * * *]
Chapter II
Constitution
Municipal Authorities4. Municipal authorities charged with execution of the Act. - (1) The municipal authorities charged with carrying out the provisions of this Act are for each City -
(A)a Corporation;(B)a Standing Committee;[(BA) a Wards Committees;(BB)a Mayor; and](C)a Municipal Commissioner,and, in the event of the Corporation establishing or acquiring a Transport undertaking;(D)a Transport Committee;(E)a Transport Manager.5. Constitution of Corporation. - (1) Every Corporation shall, by the name of "The Municipal Corporation of the City of ", be a body corporate and have perpetual succession and a common seal and by such name may sue and be sued.
[(2) Each Corporation shall consist of, -(a)such number of councillors, elected directly at ward elections, as is specified in the table below :-| S.No. | Population | Number of Councillors |
| (i) | Above 3 lakhs and up to 6 lakhs. | The minimum number of elected councillors shall be 65.Forevery additional population of 15,000 above 3 lakhs, oneadditional councillor shall be provided, so however that themaximum number of elected councillors shall not exceed 85. |
| (ii) | Above 6 lakhs and up to 12 lakhs. | The minimum. number of elected councillors shall be 85.Forevery additional population of 20,000 above 6 lakhs, oneadditional councillor shall be provided, so however, that themaximum number of elected councillors shall not exceed 115. |
| (iii) | Above 12 lakhs and up to 24 lakhs. | The minimum number of elected councillors shall be 115.Forevery additional population of 40,000 above 12 lakhs, oneadditional councillor shall be provided, so however that themaximum, number of elected councillors shall not exceed 145. |
| (iv) | Above 24 lakhs. | The minimum number of elected councillors shall be 145.Forevery additional population of 1 lakh, one additional councillorshall be provided so that the maximum number of electedcouncillors shall be 221; |
7. Resignation of office by councillor. - Any councillor may resign his office at any time by notice in writing to the Commissioner and, on such notice being given, his office shall become vacant as from the date of the notice.
[7A1. * * * * *]Municipal Election Roll[7A. Preparation of Municipal Election roll. - The Assembly roll for the time being in force, on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to the different wards in the City; and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorised by him, shall be the ward roll for each ward.][7AA. * * * * * * * *][7AAA. * * * * * * * *][7B. Enrolment in municipal election roll. - Every person whose name is included in any ward roll shall be deemed to be enrolled in the municipal election roll.]Qualifications and disqualifications of voters and councillors.[8. Persons qualified to vote. - Every person whose name is [in a ward roll, shall be deemed to be entitled to vote at the ward election, and every person whose name is not in the said roll shall be deemed to be not entitled so to vote]][8A. Manner of voting. - The voting at an election shall be by ballot or by electronic voting machine and no votes shall be received by proxy]9. Qualification for election as councillor. - (1) Subject to the provisions of this Act, [a person who [is not less than twenty-one years of age on the last date fixed for making nominations for any general election or bye-election and] is enrolled in the municipal election roll as a voter for a ward] shall be qualified to be a councillor and to be elected either from such ward or from any other ward.
10. Disqualification for being a councillor. - (1) Subject to the provisions of sections 13 [* * *] and 404, a person shall be disqualified for being elected and for being a councillor, if such person -
[(ai) has, at any time after the commencement of section 5 of the Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted of an offence punishable under section 153A or sub-section (2) or (3) of section 505 of the Indian Penal Code:Provided that, such disqualification shall be for a period of six years from the date of such conviction;][(a-ii) 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 had attained the age of twenty-one years;(ii)made by the Legislature of the State of Maharashtra; or(a)has been convicted by a Court in India of any offence involving moral turpitude, unless, a period of six years has elapsed since the date of such conviction; or]Provided that, on the expiry of such sentence, the disqualification incurred under this clause shall cease:Provided further that the expiry of such sentence shall not entitle the person to continue as a councillor or to stand for election at any bye-election held during the remainder of the current term of office of the councillors;(b)is undischarged insolvent;(c)holds the office of Commissioner or any other office or place of profit under the Corporation;(d)is a licensed surveyor, architect or engineer, structural designer, clerk of works or plumber or a member of a firm of which any such licensed person is a member;(e)holds any judicial office with jurisdiction within the limits of the City;(f)subject to the provisions of sub-section (2), has directly or indirectly by himself or his partner any share or interest in any contract or employment with, by or on behalf of the Corporation;(g)having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the Corporation or the Commissioner or the Transport Manager is interested or concerned; or(h)fails to pay arrears of any kind due to the Corporation by him otherwise than as a trustee, within three months after a special notice in this behalf has been served on him by the Commissioner.[(i) has more than two children:Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils, Nagar Panchayats and Industrial Townships (Second Amendment) Act, 1995 (hereinafter in this clause referred to as "the date of such commencement"), shall not be disqualified under this clause so long as the number of children he had on the date of such commencement does not increase:Provided further that a child or more than one child born in a single delivery within the period of one year from the date of such commencement shall not be taken into consideration for the purpose of disqualification mentioned in this clause;Explanation. - For the purposes of this clause, -(i)where a couple has only one child on or after the date of such commencement, any number of children born out of a single subsequent delivery shall be deemed to be one entity;(ii)"child" does not include an adopted child or children.][(j) is a Member of the State Legislature or of Parliament:Provided that, nothing in this clause shall affect the membership of a sitting Councillor till the expiry of his current term of office as such Councillor:Provided further that, any action, taken by such Councillor during the period from the 7th October, 2001 till the 20th October, 2001, being the date of publication of the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Ordinance, 2001, shall be deemed to have been validly taken and shall not be challenged in any court of law only on the ground that during the said period he had incurred disqualifications under this clause.][(1-1A) If, a Councillor or a person is found to be guilty of misconduct in the discharge of his official duties, or of any disgraceful conduct while holding or while he was holding the office of the Mayor or, as the case may be, the Deputy Mayor, the State Government may, after giving such Councillor or person a reasonable opportunity of being heard, -(a)disqualify such, Councillor to continue as a Councillor for the remainder of his term of office as a Councillor; and also for being elected as a Councillor for a period of six years from the date of order of such disqualification;(b)disqualify such person for being elected as a Councillor for a period of six years from the date of order of such disqualification.][(1A) A person shall be disqualified for being a councillor, if such person has, at any time during the term of his office, become disqualified, under the Maharashtra Local Authority Member's Disqualification, Act, 1986 for being a councillor.][(1B) [* * *][(1C) [* * *]11. Disabilities from continuing as councillor. - A councillor shall cease to hold office as such if at any time during his term of office he, -
12. Questions as to disqualification to be determined by the Judge. - (1) If any doubt or dispute arises whether a councillor has ceased to hold office as such under section 11, such councillor or any other councillor may, and at the request of the Corporation, the Commissioner, shall refer the question to the Judge.
13. Liability of councillor to removal from office. - [(1) (a) The State Government may, on its own motion or on the recommendation of the Corporation, remove any Councillor from office, if such Councillor has been guilty of any misconduct in the discharge of his duties, or of any disgraceful conduct during his current term of office or immediately preceding term of office as a Councillor.
(b)The State Government may, on the recommendation of the Corporation supported by the vote of not less than three-fourths of the whole number of Councillors, remove any councillor from office, if such Councillor has, in the opinion of the State Government, become incapable of performing his duties as a Councillor.15. Casual vacancies how to be filled. - (1) In the event of non-acceptance of office by a person elected to be a councillor, or of the death, resignation, disqualification or removal of a councillor during his term of office, there shall be deemed to be a casual vacancy in the office, and such vacancy shall be filled as soon as conveniently may be, [* * * *] 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:
Provided that, no election shall be held for the filling of a casual vacancy if general elections are due to be held within six months of the occurrence of the vacancy [* * *] [* * * *]16. Election petitions. - (1) If the qualification of any person declared to be elected a councillor is disputed, or if the validity of any election is questioned, whether by reason of the improper rejection by the [State Election Commissioner] of a nomination, or of the improper reception or refusal of a vote, or by reason of a material irregularity in the election proceedings corrupt practice, or any other thing materially affecting the result of the election, any person enrolled in the municipal election roll may at any time within ten days after the result of the election has been declared submit an application to the Judge for the determination of the dispute or question.
17. [Disqualification of voters for corrupt practice.] - Deleted by Maharashtra 30 of 1965, Section 7.
18. Procedure if election fails or is set aside. - (1) If at any general elections or an election held to fill a casual vacancy, no councillor is elected or an insufficient number of councillors are elected or the election of any or all of the councillors is set aside under this Act and there is no other candidate or candidates who can be deemed to be elected in his or their place, the [State Election Commissioner] shall appoint another day for holding a fresh election and a fresh election shall be held accordingly.
19. Mayor and Deputy Mayor. - [(1) The Corporation shall, subject to the provisions of sub-section (1A), at its first meeting after the general elections, elect from amongst the Councillors one of its number to be the Mayor and another to be the Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years:
Provided that, the term of the Mayors and the Deputy Mayors in office on the date of coming into force of the Maharashtra Municipal Corporations (Amendment) Act, 2000, shall be regulated as under, -(a)in case of the Corporations which have completed the first year of their term but have not yet completed two years since their first meeting after the general elections, the term of the Mayors and Deputy Mayors of such Corporations shall be two years each(b)in all other cases, the term of the Mayors and Deputy Mayors who are in office on the said date shall be extended to, and be co-terminus with, the term of office of the elected Councillors:Provided further that, the roster relating to the reservation of the office of the Mayor shall be deemed to have been amended to provide for the extended tenure of the Mayor.][(1A) There shall be reservation for the office of the Mayor in the Corporation, by rotation, for the Scheduled Castes, the Scheduled Tribes, women and the Backward Class of citizens, in the prescribed manner.][(1B) Every person desirous of contesting election to the office of the Mayor reserved for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward Class of Citizens, shall be required to submit, alongwith the nomination paper. Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jabs). Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.][Provided that, for the General or bye-elections for which the last date of filing of nomination falls on or before the 31st December 2017, in accordance with the election programme declared by the State Election Commission, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination papers but who has not received the validity certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,-(i)a true copy of the application preferred by him to the Scrutiny Committee for issuance of the validity certificate or any other proof of having made such application to the Scrutiny Committee; and(ii)an undertaking that he shall submit, within a period of [twelve months] from the date of his election, the validity certificate issued by the Scrutiny Committee:Provided further that, if the person fails to produce the validity certificate within a period of [twelve months] from the date of his election, his election shall be deemed to have been terminated retrospectively and he shall be disqualified for being the Mayor.][Provided also that, in respect of the undertaking filed by any person under clause (ii) of the first proviso, before the date of commencement of the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Act, 2018, the period of "six months" specified in such undertaking shall be deemed to have been substituted as "twelve months][Provided that, for the elections for the office of the Mayor for which the last date of filing of nomination falls during the period commencing on the date of commencement of the Mumbai Municipal Corporation, the Maharashtra Municipal Corporations (Mah. XXI of 2018), and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2018 and ending on the 30th June 2019, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination papers but who has not received the validity certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,-(i)a true copy of the application preferred by him to the Scrutiny Committee for issuance of the validity certificate or any other proof of having made such application to Scrutiny Committee; and(ii)an undertaking that he shall submit, within a period of six months from the date of his election, the validity certificate issued by the Scrutiny Committee:]20. Constitution of Standing Committee. - (1) The Standing Committee shall Consist of [sixteen] councillors.
21. Appointment of Chairman of Standing Committee. - (1) The Standing Committee shall at its first meeting after its appointment under sub-section (2) of section 20 and at its first meeting in the same month in each succeeding year appoint one of its own member to be the Chairman.
22. Member of Standing Committee absenting himself from meetings to vacate seat. - Any member of the Standing Committee who absents himself during two successive months from the meetings of the Committee, except on account of temporary illness or other cause to be approved by the Committee, or absents himself from, or is unable to attend, the meetings of the Committee during four successive months from any cause whatever, whether approved by the Committee or not shall cease to be a member of the Standing Committee and his seat shall thereupon, be vacant.
23. Casual vacancies in Standing Committee how to be filled. - In the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death or resignation of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 22 of on his ceasing to be a councillor, the vacancy shall be filled up, as soon as it conveniently may be, by the appointment of a person thereto, who shall hold office so long only as the member in whose place he is appointed could have been entitled to hold it, if the vacancy had not occurred .
24. Standing Committee may delegate powers to Special Committee or Subcommittee. - (1) The Standing Committee may, from time to time, by a resolution carried by the vote of at least two-thirds of its members present at the meeting, delegate to any Special Committee appointed under section 30 any of its powers and duties in respect of any matter with which such Special Committee is competent to deal, or refer to any such Committee any such matter for disposal or report, and every such Special Committee shall conform to any instructions that may from time to time be given to it by the Standing Committee in this behalf :
Provided that, every such resolution shall be reported by the Standing Committee to the Corporation as soon as possible, and the Corporation may at any time cancel such resolution.25. Appointment of Transport Committee. - (1) In the event of the Corporation acquiring or establishing a Transport Undertaking, there shall be a Transport Committee consisting of [thirteen] members for the purpose of conducting the said undertaking in accordance with the provisions of this Act and subject to the conditions and limitations as are contained therein.
26. Disqualification of members of Transport Committee. - (1) Any person who, having been appointed a member of the Transport Committee, -
(a)become disqualified for being a member of the Committee under the provisions of sub-section (3) of section 25, or(b)acts as a member of the Committee by voting or taking part in the discussion of or asking any question concerning any matter in which he has directly or indirectly, by himself or his partner, any such share or interest as is described in clause (b) of sub-section (2) of section 10 or in which he is professionally interested on behalf of a client, principal or other person, or(c)absents himself during two successive months from the meetings of the Committee except from temporary illness or other cause to be approved by the Committee, or(d)absents himself from or is unable to attend the meetings of the Committee during four successive months from any cause whatsoever, whether approved by the Committee or not,shall cease to be a member of the Committee and his office shall thereupon become vacant.27. Chairman of Transport Committee. - (1) The Transport Committee shall at its first meeting after its appointment under sub-section (2) of section 25 and at its first meeting in the same month in each succeeding year appoint [one of its members] to be the Chairman.
28. Conveyance charges for attendance at meetings of Transport Committee. - The Chairman and members of the Transport Committee shall be paid such conveyance charges for attending meeting of the Committee as may be prescribed by rules.
29. Sub-committees of Transport Committee. - (1) The Transport Committee may from time to time appoint out of its own body sub-committees consisting of such number of persons as the Committee thinks fit.
| Population | Minimum Number of Wards Committees | Additional Wards Committees for AdditionalPopulation | Maximum Number of Wards Committees |
| Above 3 lakhs and upto 4.5 lakhs | 3 | ….. | 4 |
| Above 4.5 lakhs and upto 12 lakhs | 4 | 1,50,000 | 9 |
| Above 12 lakhs and upto 24 lakhs | 9 | 3,00,000 | 13 |
| Above 24 lakhs | 13 | 6,00,000 | 25 |
29C. Meetings of Area Sabha. - (1) The Chairperson of the Area Sabha shall convene a meeting of the Area Sabha. The Secretary of the Area Sabha shall, thereafter issue a notice of the meeting specifying the date, time and place, as is fixed by the Chairperson. Every such meeting shall be given wide publicity in the area of Area Sabha:
Provided that, the period of not more than six months shall elapse between the two meetings of the Area Sabha.29D. Functions and duties of Area Sabha. - An Area Sabha may, having regard to its actual conditions obtaining in the municipal area, perform and discharge the following functions and duties, namely:-
29E. Rights and powers of Area Sabha. - An Area Sabha may, subject to the procedure that may be prescribed in this behalf, exercise the following rights and powers, namely:-
30. Special Committees of the Corporation. - (1) The Corporation may from time to time appoint out of its own body, Special Committees [including the Women and Child Welfare Committee] which shall conform to any instructions that the Corporation may from time to time give them.
[(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.]31. Appointment of Ad-hoc Committees. - (1) The Corporation may from time to time appoint out of its own body such ad-hoc Committees consisting of such number of councillors as it shall think fit, and may refer to such Committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as it shall think fit, and direct that the report of any such Committee shall be submitted through the Standing Committee or a Special Committee constituted under section 30.
32. Joint-transactions with other local authorities. - (1) The Corporation may from time to time join with a local authority or with a combination of local authorities,-
(a)in appointing a joint committee out of their respective bodies for any purpose in which they are jointly interested, and in appointing a chairman of such committee;(b)in delegating to any such committee power to frame terms binding on each such body as to the construction and future maintenance of any joint work and any power which might be exercised by any of such bodies; and(c)in framing and modifying rules for regulating the proceedings of any such committee in respect of the purpose for which the committee is appointed.33. Vacancy in Corporation, etc. not to invalidate its proceedings. - No act or proceedings of the Corporation or of any committee or sub-committee appointed under this Act shall be questioned on account of any vacancy in its body.
34. Proceedings of Corporation, etc. not vitiated by disqualification, etc. of members thereof. - No disqualification of, or defect in, the election or appointment of any person acting as a councillor, as the Mayor or the Deputy Mayor or the presiding authority of the Corporation or as the Chairman or a member of any Committee or sub-committee appointed under this Act shall be deemed to vitiate and act or proceedings of the Corporation or of any such Committee or sub-committee, as the case may be, in which such person has taken part, provided the majority of the persons who were parties to such act or proceedings were entitled to act.
35. Proceedings of meetings to be good and valid until contrary is proved. - Until the contrary is proved every meeting of the Corporation or of a Committee or sub-committee in respect of the proceeding whereof a minute has been made and signed in accordance with this Act or the rules shall be deemed to have been duly convened and held, and all the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a Committee or sub-committee, such Committee or sub-committee shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.
[35A. Exercise of powers and discharge of duties of any committee by corporation. - If, any committee or special committee under this Act is not constituted at any point of time, or for any reason not in a position to exercise its powers or discharge its duties under this Act, its powers shall be exercised and its duties shall be discharged by the Corporation until such committee is constituted or in a position to exercise its powers or discharge its duties.][35B. Removal of Chairman and Deputy Chairman of committees. - The Chairman or the Deputy Chairman, if any, of any committee constituted under this Act may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the Corporation as specified by or under this Act, and the Chairman or Deputy Chairman so removed shall not be eligible for re-election or re-appointment as Chairmen on as the case may be, Deputy Chairman of such committee during the remainder term of his office:Provided that, no such Chairman or Deputy Chairman shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation:Provided further that, removal of the Chairman or Deputy Chairman from the office under the provisions of this section shall not affect his continuance as a Councillor for the remainder term of his office.]The Municipal Commissioner36. Appointment of the Commissioner. - (1) The Commissioner shall from time to time be appointed by the [State] Government.
37. Salary of Commissioner. - (1) The Commissioner shall receive from the Municipal Fund such monthly salary and allowances as the [State] Government may from time to time after consultation with the Corporation determine:
Provided that the salary of the Commissioner shall not be altered to his disadvantage during the period for which his appointment has been made or renewed.38. Grant of leave of absence to Commissioner and leave allowances. - (1) The [State] Government may from time to time with the assent of the Standing Committee grant leave of absence to the Commissioner for such period as it thinks fit.
39. Appointment and remuneration of acting Commissioner. - During the absence on leave or other temporary vacancy in the office of the Commissioner, the [State] Government may appoint a person to act as the Commissioner and every person so appointed shall exercise the powers and perform the duties conferred and imposed by this Act or any other law for the time being in force on the Commissioner, and shall be subject to all the liabilities, restrictions and conditions to which the Commissioner is liable and shall receive such monthly salary not exceeding the salary for the time being payable to the Commissioner as the [State] Government shall determine.
[39A. Appointment of Additional Municipal Commissioners. - (1) The State Government may create one or more posts of Additional Municipal Commissioners in the Corporation and appoint suitable persons on such posts, who shall, subject to the control of the Commissioner, exercise all or any of the powers and perform all or any of the duties and functions of the Commissioner.40. Appointment of Transport Manager. - (1) In the event of the Corporation acquiring or establishing a Transport Undertaking the Corporation shall, subject to the approval of the [State] Government, appoint a fit person to be the Transport Manager of the Transport Undertakings.
41. Leave of Transport Manager. - (1) Leave of absence may be granted from time to time to the Transport Manager by the Transport Committee with the assent of the Corporation.
42. Commissioner not to be interested in any [contract] with Corporation. - (1) No person shall be qualified to be appointed or to be the Commissioner if he has, directly or indirectly, by himself or his partner, any share or interest in any contract with, by or on behalf of the Corporation. [* * *]
Chapter III
Proceedings Of The Corporation, Standing Committee, Transport Committee And Other Bodies43. Proceedings of the Corporation, Standing Committee, etc. - (1) The meetings of the Corporation, the Standing Committee, [the Wards Committees] the sub-committees of the Standing Committee, the Transport Committee, the sub-committees of the Transport Committee, Special Committees, and ad-hoc committees shall be held and the business before them shall be disposed of in the manner prescribed by rules.
[Provided that the councillors nominated under clause (b) of sub-section (2) of section 5 shall, notwithstanding anything contained in this Act including the Schedule, not have the right to vote at any meeting of the Corporation.][(2) The Commissioner or an officer not below the rank of the Deputy Commissioner present on behalf of the Commissioner shall have the right to speak at, and otherwise take part in, any meeting of the Corporation or any Committee thereof and express his views in the meeting with the permission of the Mayor or the presiding authority of the Committee, but he shall not be entitled to vote or to make any proposition.]44. Right to ask questions. - A councillor may, subject to the conditions prescribed by rules, ask questions on any matter relating to the administration of this Act or the Municipal Government of the City.
Chapter IV
Municipal Officers And Servants - Their Appointment And Conditions Of ServiceCity Engineer, Medical Officer of Health, Municipal Chief Auditor, Municipal Secretary, Deputy Municipal Commissioner and Assistant Municipal Commissioner45. Appointment of City Engineer, etc. - (1) The Corporation shall from time to time appoint fit persons to be City Engineer, Medical Officer of Health, [* * *] and Municipal Secretary.
46. Powers and duties of City Engineer and Medical Officer of Health. - The City Engineer and the Medical Officer of Health shall perform such duties as they are directed by or under this Act to perform and such other duties as may be required of them by the Commissioner.
47. Powers and duties of Municipal Chief Auditor. - (1) The Municipal Chief Auditor shall, -
(a)perform such duties as he is directed by or under this Act to perform and such other duties with regard to the audit of the accounts of the Municipal Fund [the Water and Sewage Fund and the Consolidated Water Supply and Sewage Disposal Loan Fund] as shall be required of him by the Corporation or by the Standing Committee and with regard to the audit of the accounts of the Transport Fund as shall be required of him by the Transport Committee;(b)prescribe, subject to such directions as the Standing Committee may from time to time give, the duties, of the auditors and assistant auditors, clerks and servants immediately subordinate to him; and(c)subject to the orders of the Standing Committee, exercise supervision and control over the acts and proceedings of the said auditors, assistant auditors, clerks and servants and subject to the regulations, dispose of All questions relating to the service, remuneration and privileges of the said auditors, assistant auditors, clerks and servants.48. Powers and duties of Municipal Secretary. - The Municipal Secretary shall be the Secretary of the Corporation and also of the Standing Committee and shall -
49. Powers and duties of Deputy or Assistant Municipal Commissioner. - (1) A Deputy Municipal Commissioner or Assistant Municipal Commissioner shall, subject to the orders of the Commissioner, exercise such of the powers and perform such of the duties of the Commissioner as the Commissioner shall from time to time depute to him:
Provided that, the Commissioner shall inform the Corporation of the powers and duties which he from time to time deputes to a Deputy Municipal Commissioner or Assistant Municipal Commissioner.50. Conditions of service of statutory officers of Corporation. - (1) The Transport Manager and all officers appointed under section 45 shall, subject to the provisions of sub-section (2), devote their whole time and attention to the duties of their respective officers and shall not engage in any other profession, trade or business whatsoever.
51. Number, designations, grades, etc. of other municipal officers and servants. - (1) Subject to the provisions of sub-section (4), the Standing Committee shall from time to time determine the number, designations, grades, salaries, fees and allowances of auditors, assistant auditors', officers, clerks and servants to be immediately subordinate to the Municipal Chief Auditor and the Municipal Secretary respectively.
52. Restriction on 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 section 40 or 45, or his office and emoluments are covered by sub-section (1) of section 51 or are included in the statement sanctioned under sub-section (3) of section 51 and for the time being in force.
53. Power of appointment in whom to vest. - (1) The power of appointing, municipal officers, whether temporary or permanent, [to the posts equivalent to or higher in rank than the post of the Assistant Municipal Commissioner] shall vest in the Corporation:
Provided that, temporary, appointments for loan works [to the posts equivalent to or higher in rank than the post of the Assistant Municipal Commissioner] may be made for a period of not more than six months by the Commissioner with the previous sanction of the Standing Committee on condition that every such appointment shall forthwith be reported by the Commissioner to the Corporation and no such appointment shall be renewed on the expiry of the said period of six months without the previous sanction of the Corporation.54. Manner of making appointments. - (1) There shall be a Staff Selection Committee consisting of the Commissioner or any other officer designated by him in this behalf, the Municipal Chief Auditor, the Head of the Department concerned and not more than one other officer nominated by the Commissioner.
55. Saving in respect of officers and servants appointed under Chapter XX. - Nothing in sections 51, 52 and 53 shall apply to officers and servants appointed under the provisions of Chapter XX.
Imposition of penalties56. Imposition of penalties on municipal officers and servants. - (1) A competent authority may subject to the provisions of this Act impose any of the penalties specified in sub-section (2) on a municipal officer or servant if such authority is satisfied that such officer or servant is guilty of a breach of departmental rules or discipline or of carelessness, neglect of duty or other misconduct or is incompetent:
Provided that -(a)no municipal officer or servant [holding the post equivalent to or higher in rank than the post of the Assistant Commissioner] shall be dismissed by the Commissioner without the previous approval of the [Corporation][(b) any officer or servant, whether appointed by the Corporation or any other competent, authority, except Transport Manager being a Government Officer on deputation, may be suspended by the Commissioner pending an order of the Corporation and when the officer so suspended is the Transport Manager or an officer appointed under section 45, such suspension with reasons therefor, shall, forthwith be reported by the, Commissioner to the Corporation, and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension:Provided that, such suspension of an officer or servant pending inquiry into the allegation against such officer or servant shall not be deemed to be a penalty.][Explanation. - For the purposes of this section and section 53, a post shall be deemed to be of a rank equivalent to another post if the minimum and maximum pay in the pay scale of both the posts are same. A post shall be deemed to be of a rank higher than another post, if the minimum pay in pay scale of former is at least equivalent to the latter, but the maximum is higher than the latter. In respect of the pay structure, a post shall be deemed to be of a rank equivalent to, or higher than another post, if the grade pay in pay structure of the former is equivalent to or higher than the latter, respectively.](c)the Commissioner may impose any of the penalties as specified in clause (a), (b), [*] (d), [(e) and (f)] of sub-section (2) on any officer appointed by the Corporation [other than the Transport Manager if he is a Government Officer on deputation](d)the Municipal Chief Auditor and the Municipal Secretary may impose any of the penalties specified in clauses (a), (b), (c), (d) and (e) of sub-section (2) on any officer or servant immediately subordinate to them [* * * *] subject to a right of appeal to the Standing Committee and the Standing Committee may impose any other penalty on any such officer or servant and may also impose, any penalty on any other officer or servant immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary;57. Leave of absence. - (1) Leave of absence may be granted subject to the regulations by the Commissioner to any municipal officer or servant whom he has the power of appointing and for a period not exceeding one month to any other municipal officer, other than the Transport Manager, officers and servants immediately subordinate to the Municipal Chief Auditor or the Municipal Secretary and officers and servants appointed under Chapter XX.
58. Acting appointment. - (1) The appointment of a person to act in the place of an officer absent on leave may be made when necessary and subject to the regulations by the authority granting the leave of absence:
Provided that -(a)when an officer appointed under section 45 is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the Corporation and, excepting an appointment to act for the Municipal Secretary, shall be reported forthwith to the [State] Government;(b)an appointment reported to the [State] Government under clause (a) may be disallowed by it and from the time of being so disallowed shall be null and void as from the date of the receipt, by the Corporation of the order of the [State] Government.59. Disqualification of municipal officers and servants. - (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, [* * *] shall be disqualified for being a municipal officer or servant.
60. Occupation of, and liability to vacate, premises provided by Corporation for municipal officers and servants. - (1) Any municipal officer or Servant occupying any premises provided by the Corporation for his residence,-
(a)shall occupy the same subject to such conditions and terms as may, generally or in special cases, be prescribed, by the Corporations, and(b)shall, notwithstanding anything contained in any law for the time being in force, vacate the same on his resignation, dismissal, removal or retirement from the service of the Corporation or whenever the Commissioner; with the approval of the Corporation, thinks it necessary and expedient to require him to do so.60A. Disclosure of specified information. - (1) The Corporation shall maintain and publish all its record duly catalogued and indexed in a manner, and form which enables the Corporation to disclose the information specified in sub-section (3).
Chapter V
Essential Services
61. Members of essential services not to resign, etc. without permission. - (1) No member of an essential service shall, -
(a)without the written permission of the Commissioner or any officer authorised by him in this behalf, resign his office, withdraw or absent himself from the duties thereof without at least two months notice given in writing to the Commissioner, except in the case of illness or accident disabling him for the discharge of this duties, or other reason accepted as sufficient by the Commissioner or such officer, or(b)neglect or refuse to perform his duties or wilfully perform them in a manner which, in the opinion of the Commissioner or such officer, is inefficient.62. Power of [State] Government to declare emergency. - If the [State] Government is of the opinion that the stoppage or the cessation of the performance of any of the essential services will be prejudicial to the safety or health or the maintenance of services essential to the life of the community in the City, it may, by notification in the Official Gazette, declare that an emergency, exists in the City and that in consequence thereof no member of such of the essential services and for such period as may be specified in the notification shall, notwithstanding any law for the time being in force or any agreement,-
Chapter VI
Duties And Power Of The Municipal Authorities And Officers
Obligatory and Discretionary Duties of the Corporation63. Matters to be provided for by the Corporation. - It shall be incumbent on the Corporation to make reasonable and adequate provision, by any means or measures which it is lawfully competent to it to use or to take, for each of the following matters, namely :-
64. Corporation to provide for anti-rabic treatment. - The Corporation shall make payments at such rates and subject to such conditions as the [State] Government from time to time by general or special order prescribes, for the maintenance and treatment in any institution which the [State] Government declares by notification in the Official Gazette, to be suitable for the purpose either within or without the City and for other necessary expenses of persons undergoing anti-rabic treatment as indigent persons according to the rules applicable to such institutions:
Provided that, the Corporation shall not be liable under this section for the maintenance, treatment and other expenses of any person undergoing anti-rabic treatment as an indigent person in any such institution as aforesaid, unless such person immediately previous to his admission thereto has been resident in the City for at least one year and has proceeded to such institution from the City.65. Corporation to provide for maintenance of lunatics and lepers - (1) The Corporation shall make payments at such rates for each person as the [State] Government from time to time by general or special order prescribes for the maintenance and treatment at and asylum, hospital or house, within or without the City, which the [State] Government declares by notification in the Official Gazette, to be suitable for the purpose of pauperlunatics, not being persons for whose confinement an order under Chapter XXXIV of the [Code of Criminal Procedure, 1898], is in force and of lepers resident within, or under any enactment for the time being in force removed from the City:
Provided that the Corporation shall not be liable under this section for the maintenance and treatment of any lunatic or leper in any such asylum, hospital or house as aforesaid, unless such lunatic or leper immediately previous to his admission thereto has been resident in the City for at least one year:Provided further that the rates prescribed by the Provincial Government under this section shall not exceed half the total cost of maintenance and treatment incurred for each person on account of the lunatics for whose maintenance and treatment the Corporation shall be liable under this section:Provided also that where an application is made to the Court under section 88 of the Indian Lunacy Act, 1912, no order for the payment of the cost of maintenance of the lunatic by the Corporation shall be made without an opportunity being given to the Corporation to show that the lunatics 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.66. Matters which may be provided for by Corporation at its discretion. - The Corporation may, in its discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely :-
67. Functions of the several municipal authorities. - (1) The respective functions of the several municipal authorities shall be such as are specifically prescribed by or under this Act.
68. Commissioner to exercise powers and perform duties of Corporation under other laws. - (1) Any powers, duties and functions conferred or imposed upon or vested in the Corporation by any other law for the time being in force shall, subject to the provisions of such law and to such restrictions, limitations and conditions as the Corporation may impose, be exercised, performed or discharged by the Commissioner.
69. Municipal officers may be empowered to exercise certain of the powers, etc. of the Commissioner or the Transport Manager. - (1) Subject to the provisions of sub-sections (2) and (3), any of the powers, duties or functions conferred or imposed upon or vested in the Commissioner or the Transport Manager by or under any of the provisions of this Act may be exercised, performed or discharged, under the control of the Commissioner or the Transport Manager; as the case may be, and subject to his revision and to such conditions and limitations, if any, as may be prescribed by rules, or as he shall think fit to prescribe in a manner not inconsistent with the provisions of this Act or Rules, by any municipal officer whom the Commissioner or the Transport Manager generally or specially empowers by order in writing in this behalf; and to the extent to which any municipal officer is so empowered the word "Commissioner" and the words "Transport Manager" occurring in any provision in this Act, shall be deemed to include such officer.
10.
43.
70. Corporation may call for extracts from proceedings, etc. from the Standing Committee, etc. - The Corporation may at any time call for any extract from any proceedings of any Committee or sub-committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such Committee or sub-committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the Committee or sub-committee, as the case may be, without unreasonable delay.
71. Corporation may require Commissioner to produce documents and furnish returns, reports, etc. - (1) The Corporation may at any time require the Commissioner-
(a)to produce any record, correspondence, plan or other document which is in his possession or under his control as Commissioner or which is recorded or filed in his office or in the office of any municipal officer or servant subordinate to him;(b)to furnish any return, plan, estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act or the municipal Government of the City;(c)to furnish a report by himself or to obtain from any officer subordinate to him and furnish, with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act or the municipal Government of the City.72. Exercise of power to be subject to sanction by Corporation of the necessary expenditures. - The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act which will involve expenditure shall, except in any case specified in sub-section (2) of section 86 or in sub-section (2) of section 335, be subject to the conditions that -
(a)such expenditure, so far as it is to be incurred in the official year in which such powers exercised or duty performed, is provided for under a current budget-grant; and(b)if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year the sanction of the Corporation is taken before liability for such expenditure is incurred.Prevention of delay in discharge of official duties[72A. Citizens' Charter. - (1) The Commissioner shall prepare and publish Citizens' Charter, a list of facilities or services rendered by the office or Department of the Corporation, together with the time limit for providing such facilities or services to the general public, within a period of six months from the date of commencement of the Maharashtra Municipal Corporations and Municipal Councils (Second Amendment) Act, 2010.72B. Delegation of powers. - (1) The Commissioner shall publish the list of powers delegated to the subordinate officers working under him, for taking final decision.
72C. Disciplinary action. - (1) Every Municipal Officer and servant shall be bound to discharge his official duties and the official work assigned or pertaining to him most diligently and as expeditiously as feasible:
Provided that, normally no file shall remain pending with any Municipal Officer or servant in any Department or office under the Corporation for more than seven working days:Provided further that, immediate and urgent files shall be disposed of by any Municipal Officer or Servant as per the urgency of the matter, as expeditiously as possible, and preferably the immediate file in one day or the next day morning and the urgent fife in four days:Provided also that, in respect of the files not required to be referred to any other Department within the Corporation and not required to be submitted to any Statutory Committee, the concerned Department of the Corporation shall take the decision and necessary action in the matter within forty-five days and in respect of the files required to be referred to any other Department but not to any Statutory Committee, decision and necessary action shall be taken within three months.72D. Non-application of provisions of section 72C in certain circumstances. - Nothing in section 72C shall apply to,-
Chapter VII
Contracts
73. Power to Commissioner to execute contracts on behalf of Corporation. - With respect to the making of contracts under or for any purpose of this Act, including contracts relating to the acquisition and disposal of immovable property of any interest therein, the following provisions shall have effect, namely. -
74. Mode of executing contracts. - (1) The mode of executing contracts under this Act shall be as prescribed by rules.
75. Contracts relating to Transport Undertakings. - For the purposes of contracts relating exclusively to the Transport Undertaking, the provisions of section 73 and those of Chapter V of the Schedule shall apply as if for the word "Commissioner" wherever it occurs the words, "Transport Manager" and for the wards "Standing Committee" wherever they occur the words "Transport Committee" had been substituted.
Chapter VIII
Municipal Property
Acquisition of property76. Power of Corporation as to acquisition of property. - (1) The Corporation shall, for the purposes of this Act, have power to acquire and hold movable and immovable property or any interest therein whether within or without the limits of the City.
77. Acquisition of immovable property. - (1) Whenever it is provided by this Act that the Commissioner may acquire or whenever it is necessary or expedient for any purpose of this Act that the Commissioner shall acquire, any immovable property, such property may be acquired by the Commissioner on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maximum as shall be approved by the Standing Committee either generally for any class of cases or specially in any particular case.
78. Procedure when immovable property cannot he acquired by agreement. - (1) Whenever the Commissioner is unable under section 77 to acquire by agreement any immovable property or any easement affecting any immovable property vested in the Corporation or whenever any immovable property or any easement affecting any immovable property vested in the Corporation is required for the purposes of this Act, the [State] Government may, in its discretion, upon the application of the Commissioner made with the approval of the Standing Committee and subject to the other provisions of this Act, order proceedings to be taken for acquiring the same on behalf of the Corporation, as if such property or easement were land needed for a public purpose within the meaning of the Land Acquisition Act, 1894.
79. Provisions governing the disposal of municipal property. - With respect to the disposal of property belonging to the Corporation, other than property vesting in the Corporation exclusively for the purposes of the Transport Undertaking the following provisions shall have effect, namely :-
80. Decision of claims to property by or against the Corporation. - (1) Where any immoveable property or any right in or over any 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 after formal inquiry, of which due notice has been given, to pass an order deciding the claim.
81. Power of Corporation to enforce covenants against owner for the time being of land. - A covenant concerning any immovable property for the purposes of this Act entered into with the Corporation by the owner of such property or by any person to whom such property of the Corporation has been transferred by sale or exchange shall be enforceable by the Corporation against any person deriving title under the covenantor notwithstanding that the Corporation is not in a possession of, or interested in, any immoveable property for the benefit of which the covenant was entered into, in like manner and to the like extent as if it had been possessed of or interested in such property.
Chapter VIII
A Power To Evict Persons From Corporation Premises
81A. Definitions. - In this Chapter, -
81B. Power to evict persons 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 Provincial Municipal Corporations (Second Amendment) Act, 1969,-(i)not paid for a period of more than two months, the rent or taxes lawfully due from him in respect of such premises; or(ii)sub-let, contrary to the terms and conditions of his occupation, the whole or any part of such premises; or(iii)committed, or is committing, such acts of waste as are likely to diminish materially the value of 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 public interest,the Commissioner may, by notice served by post, or by affixing a copy of it on the outer door or some other conspicuous part of such premises, or in such other manner as may be provided for by regulations, order that person, as well as any other person who may be in occupation of the whole or any part of the premises, shall vacate them within one month of the date of the service of the notice.81C. Power to recover rent or damages as arrears of property tax. - (1) Subject to any regulations made by the Commissioner in this behalf, but without prejudice to the provisions of section 81-B, where any person is in arrears of rent payable in respect of any Corporation premises, the Commissioner may, by notice served in the manner provided for service of notice under sub-section (1) of section 81-B, order that person to pay the same within such time not less than ten days as may be specified in the notice.
81D. Rent to be recovered by deduction from salary or wages in case of Corporation employees. - Without prejudice to the provisions of section
81.
-B, in the case of any person who is an employee of the Corporation and who has been allotted any Corporation premises, the amount of rent due by him in respect of such premises shall, on a requisition in writing made in this behalf by the Commissioner to the Head of the Corporation Department or Officer under whom such person is employed, be liable to be deducted from the salary or wages payable to such person. On receipt of such requisition, the Head of such Department or Officer, as the case may be, shall deduct from the salary or wages payable to such person the amount specified in the requisition and pay the amount so deducted to the Commissioner in satisfaction of the rent due by him.81E. Commissioner to have powers of Civil Court. - The Commissioner shall, for the purpose of holding any inquiry under this Chapter, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely :-
81F. Appeals. - (1) An appeal shall lie from every order of the Commissioner, made in respect of any Corporation premises, under section 81-B or section 81-C, to an appellate officer, who shall be the District Judge or such other judicial officer in the City of not less than ten years' standing as the District 3udge may designate in this behalf.
81G. 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.
81H. Bar of Jurisdiction. - Subject to the provisions of this Chapter, no Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person from any Corporation premises on any of the grounds specified in section 81-B or the recovery of the arrears of rent or the damages payable for use or occupation of such premises.
81I. Power to make regulations. - The Commissioner, with the approval of the Standing Committee, and Transport Manager, with the approval of the Transport Committee, as the case may be, may make regulations for all or any of the following matters, namely :-
81J. Penalt for obstructing lawful exercise of power under this Chapter. - Any person, who obstructs the lawful exercise of any power conferred by or under this Chapter, shall on conviction, be punished with fine which may extend to one thousand rupees.
Chapter IX
The Municipal Fund And Other Funds
The Municipal Fund82. Constitution of Municipal Fund. - Subject to the provisions of this Act and the rules and subject to the provisions of section 44 of [the Bombay Primary Education Act, 1947], -
83. Commissioner to receive payments on account of Municipal Fund and to lodge them in a bank. - All moneys payable to the credit of the Municipal Fund shall be received by the Commissioner and shall be forthwith paid into the Imperial Bank of India [or any other scheduled bank] [or an approved co-operative bank] to the credit of an account which shall be styled "the account of the Municipal Fund of . . .";
Provided that the Commissioner may, subject to any general or special directions issued by the Standing Committee, retain such balances in cash as may be necessary for current payments :[Provided further that the amount of money to be paid into an approved cooperative bank shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]84. How the Fund shall be drawn against. - (1) Subject to the provisions of section 449 no payment shall be made by any bank aforesaid out of the Municipal Fund except on a cheque signed by the Chief Accountant or the Deputy Accountant or, if there are no post of Deputy Accountant by the officer immediately subordinate to the Chief Accountant and by the Commissioner or the Deputy Commissioner or the Assistant Commissioner.
85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when convenient. - Notwithstanding anything contained in section 83 and 84, the Commissioner may, with the previous approval of the Standing Committee, from time to time, remit to and deposit with a bank or other agency at any place beyond the City any portion of the Municipal Fund, and any moneys payable to the credit of the Municipal Fund or chargeable there against which can, in the opinion of the Commissioner, be most conveniently paid into or out of the account of the Corporation at any such bank or agency, may be so paid.
86. Restriction on expenditure from Municipal Fund. - (1) Except as hereinafter provided, no payment of any sum shall be made by the Commissioner out of the Municipal Fund, unless the expenditure of the same is covered by a current budget grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made under the rules.
87. Procedure when money not covered by budget grant is expended under clause (e), (f), (g) or (h) of sub-section (2) of section 86. - Whenever any sum is expended by the Commissioner under clause (e), (f), (g) or (h) of sub-section (2) of section 86, he shall forthwith communicate the circumstances to the Standing Committee, who shall take such action under the rules or recommend the Corporation to take, under section 101 or under the rules, such action as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
88. Purpose for which Municipal Fund is to be applied. - The moneys from time to time, credited to the Municipal Fund shall be applied in payment of all sums, charges, and costs necessary for carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act or of any other law for the time being in force inclusive of -
89. Municipal Fund where to be expended. - Expenditure by the Corporation out of the Municipal Fund shall, save as otherwise provided by this Act, be made within the City only, but may, by, a resolution of the Corporation supported by not less than half the total number of councillors, be made outside the City for any of the purposes of this Act.
90. Temporary payments from Municipal Fund for works urgently required for public service. - (1) On the written requisition of such officer as the [State] Government may specially authorise in this behalf, the Commissioner may at any time undertake the execution of any work certified by such officer to be urgently required in the public service, and for this purpose may temporarily make payments from the Municipal Fund, so far as the same can be made without unduly interfering with the regular working of the municipal administration.
91. Constitution of Special Funds. - [Save as otherwise provided by this Act, the Corporation] may, constitute such special funds as are prescribed by rules and such other funds as may be necessary for the purposes of this Act. The constitution and disposal of such funds shall be effected in the manner prescribed by rules.
[91A. Establishment of Consolidated Water Supply and Sewage Disposal Loan Fund - (1) The Corporation shall establish and set apart for the purposes of budget estimate 'C' a separate fund to be called "the Consolidated Water Supply and Sewage Disposal Loan Fund" for the purposes of carrying into effect the provisions of Chapters XII and XIII.91B. Establishment of Water and Sewage Fund. - (1) The Corporation shall establish and set apart a separate fund to be called "the Water and Sewage Fund".
92. Investment of surplus moneys. - (1) Surplus moneys at the credit of the Municipal Fund which cannot immediately or at an early date be applied to the purposes of this Act or of any loan raised thereunder may be, from time to time, deposited at interest in the Imperial Bank of India [or any other scheduled bank] [or an approved co-operative bank] [or deposited with the State Government or with any statutory corporation approved by the State Government] or be invested in public securities [or in bonds or debentures of the Central Government, State Government, Government Undertakings, Government Financial Institutions or Unit Trust of India]
[Provided that the amount of money to be deposited in an approved co-operative bank shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]93. Accounts to be kept in forms prescribed by Standing Committee. - Subject to the provisions of section 361 and of [the Bombay Primary Education Act, 1947], and the rules made thereunder, accounts of the receipts and expenditure of the Corporation shall be kept in such manner and in such forms as the Standing Committee shall from time to time direct.
[Provided that the accounts of the Consolidated Water Supply and Sewage Disposal Loan Fund and the Water and Sewage Fund shall be maintained on the accrual basis, unless otherwise directed by the Standing Committee.]94. Preparation of annual administration report and statement of accounts. - (1) The Commissioner shall, as soon as may be after each first day of April, have prepared a detailed report of the municipal administration of the City, other than the administration of the Transport Undertaking, during the previous official year, together with a statement showing the amounts of the receipts and disbursements credited and debited to the Municipal Fund during the said year and the balance at the credit of the Fund at the close of the said year and shall submit the same to the Standing Committee.
95. Estimates of income and expenditure to be prepared annually by Commissioner. - The Commissioner shall each year on or before such date as the Corporation may from time to time prescribe have prepared and lay before the Standing Committee, in such form as the Committee shall from time to time approve, -
(a)an estimate, classified in accordance with the rules, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year from the Municipal Fund including the amount of grant payable by the Corporation to the Primary Education Fund and of the amounts, if any, which should in his opinion be credited to, or expended from, a special fund; [including the Funds established under sections 91A and 91B](b)an estimate of all balances, if any, which will be available for reappropriation or expenditure at the commencement of the official year;(c)an estimate of the Corporation's receipts and income for the next official year other than from taxation and from the Transport Undertaking;(d)a statement of proposals as to the taxation which it will, in his opinion, be necessary or expedient to impose under the provisions of this Act in the next official year and an estimate of the receipts from taxation;(e)an estimate of the amounts due to be transferred during the next official year from the Transport Fund.[Provided that a separate estimate of the income and expenditure of the Corporation for the next official year in respect of services under Chapter XII and Chapter XIII shall be prepared.]Explanation. - The balance, if any, available in any special fund shall not be deemed to be available for reappropriation or expenditure at the commencement of the next official year under clause (b) except in relation to expenditure which may be met from such fund under the rules, and the Commissioner shall determine whether the whole or any part of such balance shall be taken into account as available for such expenditure at the commencement of the next official year.[95A. Report on services provided in a subsidised manner. - (1) Notwithstanding anything contained in this Chapter; the Commissioner or, as the case may be, the Transport Manager, shall, while submitting the budget estimates to the Standing Committee, append thereto, a report indicating whether the following services were provided in the last preceding year in a subsidised manner, and if so, the extent of the subsidy, the source from which the subsidy was met and the sections or categories of the local population who were the beneficiaries of such subsidy, namely:-(a)water-supply and disposal of sewage,(b)scavenging, transporting and disposal of wastes,(c)municipal transport, and(d)street lighting.96. Budget estimates to be prepared by Standing Committee. - (1) The Standing Committee shall consider the estimates and proposals of the Commissioner and after having obtained from the Commissioner such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom subject to such modifications and additions therein or thereto as it thinks fit a Budget Estimate to be called [two budget estimates for the next official year, as follows :
(a)budget estimate 'A' of the income and expenditure other than-(i)the income and expenditure for the purposes of Chapters XII and XIII;(ii)the income and expenditure in respect of the Transport Undertaking;(b)budget estimate 'C' of the income and expenditure for the purposes of Chapters XII and XIII;]97. Estimates of expenditure and income of the Transport Undertaking to be prepared annually by Transport Manager. - The Transport Manager shall each year, on or before such date as the Corporation may from time to time fix, have prepared and lay before the Transport Committee in such forms as the Committee shall from time to time approve, -
98. Budget Estimate 'B' to be prepared by Transport Committee. - (1) The Transport Committee shall consider the estimates of the Transport Manager and, after having obtained from the Transport Manager such further detailed information, if any, as it shall think fit to require, and having regard to all the requirements of this Act, shall frame therefrom, subject to such modifications and additions therein or thereto as it shall think fit, a budget estimate, to be called "budget estimate 'B' of the income and expenditure for the next official year to be received and incurred in respect of the Transport Undertaking.
99. Fixing of rates of taxes. - The Corporation shall, on or before the twentieth day of February, after considering the Standing Committee's proposals in this behalf, determine, subject to the limitations and conditions prescribed in Chapter XI, the rates at which municipal taxes referred to in sub-section (1) of section 127 shall be levied in the next ensuing official year and the rates at and the extent to which any of the taxes referred to in sub-section (2) of the said section [***] which the Corporation decides to impose shall be levied in the next ensuing official year.
[99A to 99D. ***.]100. Final adoption of budget estimates. - Subject to the requirements of section 99, the Corporation may refer budget estimate "A" [or budget estimate "C" as the case may be] back to the Standing Committee and budget estimate "B" back to the Transport Committee for further consideration or adopt the budget estimates or any revised budget estimates submitted to it either as they stand or subject to such alterations as it deems expedient:
Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in clauses (c) and (e) [of sub-section (2) and for the matters specified in clause (c) of sub-section (2A) of section 96] and for each of the matters specified in clauses (a), (c) and (e) of sub-section (2) of section 98, as the case may be:Provided further that if the budget estimates are not finally adopted by the Corporation on or before the thirty-first day of March the estimates as recommended by the Standing Committee or the Transport Committee, as the case may be, shall be deemed to be budget estimates finally adopted by the Corporation until the estimates are so adopted.[100A. Estimates of income and expenditure deemed to be budget estimates. - Notwithstanding anything contained in this Act, if for any reason the Standing Committee has not laid budget estimates before Corporation, due to which or otherwise the Corporation has not finally adopted the budget estimates before the commencement of the official year to which they relate, the estimates of income and expenditure prepared by the Commissioner under section 95 shall be deemed to be the budget estimates for the year until the Corporation duly adopts the budget estimates as per the provisions of this Act.]101. Corporation may increase amount of budget grants and make additional grants. - (1) On the recommendation of the Standing Committee in the case of expenditure from the Municipal Fund and the Transport Committee in the case of expenditure from the Transport Fund, the Corporation may from time to time during an official year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirements arising during the said year but not so that the estimated cash balance at the close of the year exclusive of the balance, if any, of any special fund shall be reduced below one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund.
102. Provision as to unexpended budget grants. - If the whole budget grant or any portion thereof remains unexpended at the close of the year in the budget estimates for which such grant was included, and if the amount thereof has not been taken into account in the opening balance of the Municipal Fund or the Transport Fund, as the case may be, entered in the budget estimates of any of the two following years, the Standing Committee or the Transport Committee, as the case may be, may sanction the expenditure of such budget grant or such unexpended portion thereof, as the case may be, during the next two following years for the completion, according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.
103. Reductions or transfers. - Reductions in and transfers from one budget head to another or within a budget head shall he made in accordance with the rules.
104. Readjustment of income and expenditure to be made by the Corporation during course of official year whenever necessary. - (1) If it shall at any time during any official year appear to the Corporation upon the representation of the Standing Committee or the Transport Committee that, notwithstanding any reduction of budget grants that may have been made by the appropriate Committee under the rules, the income of the Municipal Fund or the Transport Fund, as the case may be, during the said year will not suffice to meet the expenditure sanctioned in the budget estimates of the said year as so reduced and to leave at the close of the year a cash balance exclusive of the balance, of any, of any special fund of not less than one lakh of rupees or such other amount as may have been fixed for the time being by the Corporation in the case of either the Municipal Fund or the Transport Fund, it shall be incumbent on the Corporation to sanction forthwith any measure which shall be necessary for proportioning the year's income to the expenditure.
105. Weekly scrutiny of accounts by Municipal Chief Auditor and scrutiny of accounts by the Standing Committee. - (1) The Municipal Chief Auditor shall conduct a weekly examination and audit of the municipal accounts and shall report thereon to the Standing Committee who may also from time to time and for such period as it thinks fit conduct independently an examination and audit of the municipal accounts.
106. Report by the Chief Auditor. - (1) The Municipal Chief Auditor shall-
(a)report to the Standing Committee any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of money due to the Corporation or in the municipal accounts;(b)furnish to the Standing Committee such information as the said Committee shall from time to time require concerning the progress of the audit.107. Application of sections 105 and 106 to accounts of Transport Fund. - Sections 105 and 106 shall apply to the accounts of the Transport Fund as if -
108. A special audit may be directed by [State] Government. - The [State] Government may at any time appoint an auditor for the purpose of making a special audit of the municipal accounts including the accounts of the Transport Undertaking and of reporting thereon to the [State] Government and the costs of any such audit as determined by the [State] Government shall be chargeable to the Municipal Fund or the Transport Fund, as the case may be.
Chapter X
Borrowing Powers
109. Powers of Corporation to borrow money. - (1) The Corporation may, with the previous sanction of the [State] Government, from time to time, borrow or re-borrow and take up at interest by the issue of debentures or otherwise on the security of any immovable property vested in the Corporation or proposed to be acquired by it under this Act or of all the taxes or of any tax which it is authorised to levy for the purposes of this Act or the Transport Undertaking, or of all or any of those securities any sum necessary for the purpose of -
(a)defraying any costs, charges or expenses, incurred or to be incurred by it in the execution of this Act;(b)for discharging any loan contracted under this Act or any other loan or debt for the repayment of which the Corporation is liable;(c)generally for carrying out the purposes of this Act, including the advance of loans authorised thereunder :Provided that, -(i)no loan shall be raised for the execution of any work other than a permanent work, which expression shall include any work of which the cost should, in the opinion of the [State] Government be spread over a term of years;(ii)no loan shall be raised unless the [State] Government has approved the terms on and the method by which the loan is to be raised and repaid;(iii)the period within which the loan is to be repaid shall in no case exceed sixty years and, where a loan is raised for the repayment of a previous loan, the period within which the subsequent loan is to be repaid shall not extend beyond the unexpired portion of the period fixed for the repayment of the original loan, unless the [State] Government so directs, and shall in no case extend beyond the period of sixty years from the date on which the original loan was raised.110. Power of Corporation to borrow from banks against public securities. - Notwithstanding anything contained in section 109 the Corporation may borrow for the purposes of this Act from any bank or banks in which the surplus moneys at the credit of the Municipal Fund or the Transport Fund may be deposited, against any public securities in which for the time being the cash balances of the Corporation may be invested.
111. When and how loan shall be repaid. - Every loan raised by the Corporation under section 109 shall be repaid within the time approved under proviso (ii) to sub-section (1) of the said section and by such of the following methods as may be approved under the said proviso, namely :-
112. Maintenance and application of sinking fund. - (1) Whenever the repayment of a loan from a sinking fund has been sanctioned under proviso (ii) to sub-section (1) of section 109, the Corporation shall establish such a fund and shall pay into it, on such dates as may have been approved under the said proviso, such sum as will, with accumulations of compound interest, be sufficient after payment of all expenses to pay off the loan within the period approved:
Provided that if at any time the sum standing to the credit of the sinking fund established for the repayment of any loan is of such amount that is allowed to accumulate at compound interest it will be sufficient to repay the loan within the period approved, then with the permission of the [State] Government further payments into such fund may be discontinued.113. Investment of sinking fund. - (1) All money paid into a sinking fund shall within one month of the date on which the payment was due to be made under sub-section (1) of section 112 be invested in public securities.
114. Investment of sinking fund and surplus moneys in debentures issued by Corporation. - (1) In respect of any sinking funds which by this Act the Corporation is directed or authorised to invest in public securities and in respect of any surplus moneys which by this Act the Commissioner or the Transport Manager on behalf of the Corporation is empowered to invest in like securities, it shall be lawful for the Corporation to reserve and set apart for the purpose of any such investment any debentures issued or to be issued on account of any loan for which the sanction of the [State] Government shall have been duly obtained:
Provided that the intention so to reserve and set as apart such debentures shall have been notified to the [State] Government as a condition of the issue of the loan.115. Annual examination of sinking funds. - (1) All sinking funds established or maintained under this Act shall be subject to annual examination by [the Chief Auditor, Local Fund Accounts] who shall ascertain whether the cash and the value of the securities belonging thereto are actually equal to the amount which should be at the credit of such funds had investments been regularly made and had the rate of interest as originally estimated been obtained therefrom.
116. Provisions for loans raised before the appointed day. - In the case of all loans raised before the appointed day for which the Corporation is liable the following provisions shall apply :-
117. Attachment of Municipal Fund or Transport Fund in default of repayment of loan. - (1) If any money borrowed by the Corporation or any interest or costs due in respect thereof is or are not repaid according to the conditions of the loan, the [State] Government, if it has itself given the loan, may and in other cases shall, on the application of the lender, attach the Municipal Fund or the Transport Fund or a portion of the Municipal Fund or the Transport Fund.
118. Form of debentures. - (1) Debentures issued under this Act shall be in such form as the Corporation may with the previous sanction of the [State] Government from time to time determine.
119. Coupons attached to debentures to bear signature of Chairman of Standing Committee and Commissioner. - All coupons attached to debentures issued under this Act shall be signed by the Chairman of the Standing Committee and the Commissioner on behalf of the Corporation and such signatures may be engraved, lithographed or impressed by any mechanical process.
120. Debentures issued to two or more persons jointly. - Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, -
121. Issue of duplicate securities. - (1) When a debenture issued under this Act is alleged to have been lost, stolen or destroyed either wholly or in part and a person claims to be the person to whom but for the loss, theft or destruction it would be payable, he may, on application to the Commissioner; and on producing proof to his satisfaction of the loss, theft or destruction and of the justice of the claim, obtain from him an order, -
(a)if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),-(i)or 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 debentures 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.122. Renewal of debentures. - (1) A person claiming to be entitled to a debenture issued under this Act may, on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner, obtain a renewed debenture payable to the person applying.
123. Liability in respect of debenture renewed. - (1) When a renewed debenture has been issued under section 122 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 the title thereafter through him.
124. Discharge in certain cases. - When a duplicate debenture has been issued under section 121 or when a renewed debenture has been issued under section 122 or when the principal sum due on a debenture in respect of which an order has been made under section 121 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 -
125. Indemnity. - Notwithstanding anything in section 122, the Commissioner may in any case arising thereunder, -
126. Annual statement to be prepared by Commissioner. - (1) The Commissioner shall, at the end of each year, prepare a statement showing, -
(a)the loans borrowed in previous years for which the Corporation is liable and which have not been completely repaid before the commencement of the year, with particulars of the amount outstanding at the commencement of the year the date of borrowing and the annual loan charges;(b)the loans borrowed by the Corporation in the year with particulars as to the amount and the date of borrowing and the annual loan charges;(c)in the case of every loan for which a sinking fund is maintained the amount of accumulation on the sinking fund at the close of the year showing separately the amount paid to the credit of the fund in the year;(d)the loans repaid in the year and in the case of the loans repaid in instalments or by annual drawings, the amounts repaid in the year, and the balance due at the close of the year;(e)the particulars of securities in which the sinking funds have been invested or reserved therefor.Chapter XI
Municipal Taxation
127. Taxes to be imposed under this Act. - (1) For the purposes of this Act, the Corporation shall impose the following taxes, namely :-
(a)property taxes;(b)a tax on vehicles, boats and animals.128. Manner of recovering municipal taxes. - A municipal tax may be recovered by the following processes in the manner prescribed by rules:-
129. [Property taxes leviable on rateable value, or on capital value, as the case may be, and at what rate] - [(1) The following property taxes] shall, subject to the exceptions, limitations and conditions hereinafter provided, be levied on buildings and lands in the City :-
(a)a water tax at such percentage of their rateable value [or their capital value as the case may be] as the Corporation shall deem reasonable, for providing a water supply for the City;[(aa) an additional water tax which shall be called "the water benefit tax" at such percentage of their rateable value [or their capital value as the case may be] as the Corporation may consider necessary for meeting the whole or part of the expenditure incurred or to be incurred on capital works for making and improving the facilities of water supply;][(b) conservancy tax or the sewerage tax at such percentage of their rateable value, [or their capital value, as the case may be] as the Corporation may consider necessary for the collection, removal and disposal of human waste and other wastes;(bb)an additional conservancy or sewerage tax which shall be called "the sewerage benefit tax" at such percentage of their rateable value [or their capital value, as the case may be] as the Corporation may consider necessary for meeting the whole or part of the expenditure incurred or to be incurred on capital works for making and improving the facilities for the collection, removal and disposal of human waste and other wastes.](c)a general tax of not less than twelve per cent of their, rateable value, [or of not less than 0.1 and more than 1 per centum of their capital value, as the case may be] which may be levied, if the Corporation so determines [* * *] [together with not less than one-eight and not more than] [two per centum] of their rateable value [or of not less than 0.01 and not more than 0.2 per centum of their capital value as the case may ,be] added to the general tax in order to provide for the expenses necessary for fulfilling duties of the Corporation imposed or arising by or under clause (5) of section 63 and Chapter XVII][(d) the education cess, leviable under section 148A;(e)the street tax, leviable under section 148C][(f) the betterment charges leviable under Chapter XVI;][* * * *]Provided that the Corporation may, when fixing under section 99 or section 150 the rate at which general tax shall be levied for any official year or part of an official year, determine that the rate leviable in respect of buildings and lands or portions of buildings and lands in which any particular class of trade or business is carried on shall be higher than the rate fixed in respect of other buildings and lands or portions of buildings and lands by an amount not exceeding one-half of the rate so fixed.Explanation. - Where any portion of a building or land is liable to a higher rate of the general tax such portion shall be deemed to be a separate property for the purpose of municipal taxation.[(2) Notwithstanding anything contained in any other provisions of this Act, but save as otherwise provided in the proviso and the Explanation to sub-section (1), the Corporation may pass a resolution to adopt levy of property tax on buildings and lands in the City on the basis of capital value of the buildings and lands on and from such date, and at such rates, as the Corporation may determine in accordance with the provisions of section 99:Provided that, for the period of five years from the date on which such property tax is levied on capital value, the tax shall not exceed,-(i)in respect of building used for residential purposes, two times, and(ii)in respect of building or land used for non-residential purposes, three times,the amount of the property tax leviable in respect thereof in the year immediately preceding such date:[Provided further that, where the property taxes levied in respect of any residential or non-residential building or portion thereof were on the basis of annual letting value arrived at considering leave and licence charges, by whatever name called, then for the purposes of the first proviso, it shall be lawful for the Commissioner to ascertain such tax leviable during such immediately preceding year as if such building or portion thereof were self-occupied and had been so entered in the assessment book.][Provided [also] that, the Corporation may determine different rates of property tax for different categories of user of a building or land or a part thereof:][Provided also that] the property tax levied on the basis of capital value of any buildings or lands, on revision made under sub-rule (3) of rule 7A of the Taxation Rules in Chapter VIII of Schedule 'D', shall not in any case exceed 40 per centum of the amount of the property tax payable in the year immediately preceding the year of such revision:Provided also that, for the period of five years commencing from the year of adoption of capital value as the base, for levy of property tax under this sub-section, the amount of property tax leviable in respect of a residential building or residential tenement, having carpet area of 46.45 sq. metres (500 sq. feet) or less, shall not exceed the amount of property tax levied and payable in the year immediately preceding the year of such adoption of capital value as the basis.Explanation. - For the purposes of this section, after the Corporation adopts the capital value as the basis of levy of property tax, the property tax in respect of any taxable building shall be revised after every five years and on each such revision, such amount of property tax, shall not in any case exceed the forty per cent. of the amount of the property tax levied and payable in the year immediately preceding the year of the revision.][1291A. Levy of property tax at reduced rates in respect of buildings and lands of Special Development Projects. - Notwithstanding anything contained in section 129 or any other provisions of this Act, the property tax in respect of buildings and lands belonging to the Special Development Project shall be levied at such reduced rates, as the State Government may, by notification in the Official Gazette, from time to time, fix and different rates may be fixed for different periods and for different Special Development Projects.Explanation.- For the purposes of this section, "Special Development Project" means, -(i)a development project undertaken either by the Government or by the Planning Authority, within the meaning of clause (19) of section 2 of the Maharashtra Regional and Town Planning Act, 1966; or(ii)"a Mega Project" within the meaning of the Package Scheme of Incentives, 2001,approved by the High Power Committee under the Chairmanship of the Chief Secretary to Government and declared by the State Government, by notification in the Official Gazette, to be the Special Development Project.][1292A. Transitory provisions in respect of property taxes on capital value. - (1) Where a Corporation passes a resolution to adopt levy of property taxes on buildings and lands in the City, on the basis of capital value of buildings and lands, notwithstanding anything contained in any other provisions of this Act, the following provisions shall apply in the official year in which such tax is levied on the basis of capital value of buildings and lands, namely:-(i)until the capital value of the buildings and lands in the City are fixed, the tax leviable and payable in respect of such buildings and lands shall provisionally be equal to the amount of tax leviable and payable in the preceding year and it shall be lawful for the Corporation to issue a provisional bill for the tax accordingly;(ii)on fixation of the capital value of the buildings and lands, the Corporation shall issue a final bill of assessment of property taxes;(iii)after such final assessment, if it is found that the assessee has paid excess amount, such excess shall be refunded within three months from the date of issuing the final bill, alongwith interest from the date of final bill, or after obtaining the consent of the assessee, shall be adjusted towards payment of property taxes due, if any, for the subsequent years; and if the amount of tax on final assessment is more than the amount of tax already paid by the assessee, the differences shall be recovered from the assessee.| **//Period(1)//** | **//Amount of General Tax(2)//** |
| 1. Period from the date of inclusion of the area in the[larger urban area]() upto and inclusive of the 31st March [[of thesecond year]]() following the year in which the area is included inthe [larger urban area]() | [[The amount calculated at the rate of tax on lands andbuildings payable in the area immediately before its inclusion inthe ]()[larger urban area]() under clause (i) of sub-section (1) ofsection 124 of the Bombay Village Panchayats Act, 1958 or clause(e) of sub-section (1) of section 157 of the Maharashtra //ZillaParishads// and Panchayat Samitis Act, 1961, as the case may be(hereinafter in this Table referred to as "the amount of taxpayable in the Zilla Parishad area".] |
| 2.Period of one year following the period referred to in entry1. | [20 per cent]() of the amount of general tax payable in the[larger urban area]() or the amount of tax payable in the //ZillaParishad// area, whichever is more. |
| 3. Period of one year following the period referred to inentry 2. | [40 per cent]() of the amount of general tax payable in the[larger urban area]() or the amount of tax payable in the //ZillaParishad// area, whichever is more. |
| 4. Period of one year following the period referred to inentry 3. | [60 per cent]() of the amount of the general tax payable in the[larger urban area]() or the amount of tax payable in the //ZillaParishad// area, whichever is more. |
| [5. Period of one year following the period referred to in entry 4.]() | 80 per cent of the amount of general tax payable in the [larger urban area]() or the amount of tax payable in the Zilla Parishad area, whichever is more. |
| 6. Any period after the expiry of the period referred to in entry 5. | The same amount of general tax as in force and payable in the remaining area of the [larger urban area](). |
130. Water tax [or water benefit tax] on what premises levied. - (1) Subject to the provisions of section 134, the water tax shall be levied only in respect of premises -
131. Conservancy tax [or sewerage tax and sewerage benefit tax] on what premises to be levied. - (1) The conservancy tax [or sewerage tax] shall be levied only in respect of premises, -
(a)situated in any portion of the City in which, public notice has been given by the Commissioner that the collection, removal and, disposal of all excrementious and polluted matter from privies, urinals and cesspools, will be undertaken by municipal agency; or(b)in which, wherever situate, there is a privy, water-closet, cess-pool, urinal, bathing place or cooking place connected by a drain with a municipal drain:Provided that the said tax shall not be levied in respect of any premises situate in any portion of the City specified in clause (a), in or upon which, in the opinion of the Commissioner, no such matter as aforesaid accumulates or is deposited.132. General tax on what premises to be levied. - (1) The general tax shall be levied in respect of all buildings and lands in the City except,-
(a)buildings and lands solely used for purposes, connected with the disposal of the dead;(b)buildings and lands or portions thereof solely occupied and used for public worship or for a public charitable purpose;(c)buildings and lands vesting in the [Government] used solely for public purposes and not used or intended to be used for purposes of trade or profit or vesting in the Corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the [Government] or the Corporation, respectively.133. Payments to be made to Corporation in lieu of general tax by [State] Government. - (1) The [State] Government shall pay to the Corporation annually in two half-yearly instalments payable by the 30th day of September and the 31st day of March in every year in lieu of the general tax from which buildings and lands vesting in the [State Government] are exempted by clause (c) of sub-section (1) of section 132, a sum ascertained in the manner provided in sub-sections (2) [2A] and (3).
134. Fixed charges and agreements for payments in lieu of taxes for water supplied. - (1) The Commissioner may -
(a)in such cases as the Standing Committee shall generally approve, instead of levying the water tax in respect of any premises liable thereto, charge for the water supplied to such premises by measurement at such rate as shall from time to time be prescribed by the said Committee in this behalf or by the size of the water connection with the municipal main and the purpose for which the water is supplied at such rates as shall from time to time be prescribed by the Corporation.(b)in such cases as the Standing Committee shall generally approve, compound with any person for the supply of water to any premises for a renewable term of one or more years not exceeding five, on payment of a fixed periodical sum in lieu of the water tax or charge by measurement or by the size of the water connection which would otherwise be leviable from such person in respect of the said premises.135. [Government] to be charged for water by measurement. - If, in respect of premises used solely for public purposes and not used or intended to be used for purposes of profit or for residential, charitable or religious purposes, water tax would be leviable under this Act from the [Government] the Commissioner, in lieu of levying such tax, shall charge for the water supplied to such premises, by measurement, at such rate as shall be prescribed by the Standing Committee in this behalf not exceeding the minimum rate at the time being charged under clause (a) subsection (1) of section 134 to any other person; and such charge shall be recoverable as provided in sub-section (3) of the said section.
136. Supply of water at public drinking fountains, etc. not to be taxed. - No tax or charge of any kind shall be levied or demanded for the use of water in or from any drinking fountain tank, reservoir, cistern, pump, well, duct, stand-pipe or other work used for the gratuitous supply of water to the inhabitants of the City and vesting in the Corporation:
Provided that the water in or from any such work shall be used only for personal or domestic purposes and not for the purpose of business or sale.137. Conservancy [or sewerage tax and sewerage benefit tax] may be Fixed at special rate in certain cases. - (1) The Commissioner may, whenever he thinks fit, fix the conservancy tax or sewerage tax and sewerage benefit tax to be paid in respect of any hotel, club, stable or other large premises at such special rate as shall be generally approved by the Standing Committee in this behalf whether the service in respect of which such tax is leviable be performed by human labour or by substituted means or appliances.
138. [Water tax, water benefit tax, conservancy tax or sewerage tax or sewerage benefit tax] paid by any person may be recovered by him from the occupier of the premises for which it is paid. - (1) Any person who has paid to the Commissioner any [water tax, water benefit tax, conservancy tax or sewerage tax or sewerage benefit tax] in respect of any premises shall, if he was not himself in occupation of the said premises during the period for which he was made such payment [* * *] be entitled to receive the amount of the said payment from the person, if any, actual occupation of the said premises for the said period.
139. Primary responsibility for property taxes on whom to rest. - (1) Subject to the provisions of sub-section (2) property taxes assessed upon any premises shall be primarily leviable as follows, namely :-
(a)if the premises are held immediately from the [Government] or from the Corporation, from the actual occupier thereof:Provided that property taxes due in respect of buildings vesting in the [Government] and occupied by' servants of the [Government] or other persons on payment of rent shall be leviable primarily from the [Government][(a1) if the premises are held or occupied by a person, who is not owner and the where abouts of the owner of the premises cannot be ascertained, from the holder or occupier; and(a2)if the premises are held or developed by a developer or an attorney or any person in whatever capacity such person may be holding the premises and in each of whom the right to sell the same exists or is acquired, from such holder, developer, attorney, or person, as the case may be:Provided that, such holder, developer, attorney or person shall be liable until the actual sale is effected.](b)if the premises are not so held, -(i)from the lessor if the premises are let;(ii)from the superior lessor if the premises are subject;(iii)from the person in whom the right to let the premises vests if they are unlet.140. When occupiers may be held liable for payment of property taxes. - (1) If the sum due on account of any property tax remains unpaid after a bill for the same has been duly served under the rules upon the person primarily liable for the payment thereof and the said person be not the occupier for the time being of the premises in respect of which the tax is due, the Commissioner may serve a bill for the amount upon the occupier of the said premises, or, if there are two or more occupiers thereof may serve a bill upon each of them for such portion of the sum due as bears to the whole amount due the same ratio which the rent paid by such occupier bears to the aggregate amount of rent paid by them both or all in respect of the said premises.
[(1A) Notwithstanding anything contained in sub-section (1), on and from the date of adoption of capital value as the base for levy of property taxes under sub-section (2) of section 129, but subject to the other provisions of this Act, the Commissioner may serve a bill for the amount of property tax on such occupier of the said premises, or, if there are two or more such occupiers thereof, may serve a bill on each of them for such portion of the sum due as bears to the whole amount of tax based on the capital value, due in the same ratio which the capital value, of such portion of the premises of the occupier or occupiers bears to the aggregate amount of the tax based on the capital value, in respect of the said premises.]141. Property taxes to be a first charge on premises on which they are assessed. - (1) Property taxes due under this Act in respect of any building or land shall, subject to the prior payment of the land revenue, if any, due to the provincial Government thereupon, be a first charge, in the case of any building or land held immediately from the [Government] upon the interest in such building or land of the person liable for such taxes and upon the moveable property, if any, found within or upon such building or land and belonging to such person; and, in the case of any other building or land, upon the said building or land and upon the moveable property, if any, found within or upon such building or land and belonging to the person liable for such taxes.
Explanation. - The term "property tax" in this section shall be deemed to include charges payable under section 134 for water supplied to any premises and the costs of recovery of property taxes as specified in the rules.142. Tax on vehicles, boats and animals. - Except as hereinafter provided, a tax at rates not exceeding those prescribed by order in writing by the [State] Government in this behalf from time to time shall be levied on vehicles, boats and animals of the descriptions specified in the order, when kept for use in the City for the conveyance of passengers or goods in the case of vehicles and boats and for riding, racing, draught or burden in the case of animals:
[Provided that no tax shall be levied on motor vehicles save as provided in section 20 of the Bombay Motor Vehicles Tax Act, 1958.]Explanation.- A vehicle, boat or animal kept outside the limits of the City by regularly used within such limits shall be deemed to be kept for use in the City.143. Exemption from the tax. - (1) The said tax shall not be leviable in respect of, -
(a)vehicles, boats and animals belonging to the Corporation other than vehicles or animals used exclusively for the purposes of the Transport Undertaking;(b)vehicles, boats and animals vesting in the [Government] and used solely for public purposes and not used or intended to be used for purposes of profit including vehicles, boats and animals belonging to the Defence Forces;(c)vehicles and boats intended exclusively for the conveyance free of charge of the injured, sick or dead;(d)children's perambulators and tricycles;(e)vehicles belonging to municipal officers or servants who are required by the terms of their appointment to maintain a conveyance for the discharge of their duties:Provided that the exemption granted by this clause will not be available in respect of more than one vehicle for each officer or in respect of a vehicle which does not belong to the class of conveyance which the officer is required to maintain;(f)vehicles or boats kept by bona fide dealers in vehicles or boats for sale merely, and not used:Provided that a tax at such rate as the Corporation shall with the approval of the [State] Government fix in this behalf shall be levied half yearly in advance from every dealer in motor, vehicles for every seven motor vehicles in respect of which a Trade Certificate is issued to him under rules made under [the Motor Vehicles Act, 1939.]144. Livery-stable keepers and others may be compounded with. - The Commissioner may, with the approval of the Standing Committee, compound with any livery-stable-keeper or other person keeping vehicles or horses or bullocks for hire, or with any dealer having stables in which horses are kept for sale on commission or otherwise for the payment of a lump-sum for any period not exceeding one year at a time, in lieu of the taxes leviable under section 142 which such livery-stable-keeper or other person or dealer would otherwise be liable to pay.
145. Power to inspect stables and summon persons liable to the tax. - (1) The Commissioner may make an inspection of any stable, garage or coach-house or any place wherein he may have reason to believe that there is any vehicle, boat or animal liable to a tax under this Act.
146. Exemption of articles belonging to [Government] from octroi, and refund of octroi on articles becoming property of [Government]. - (1) No octroi shall be leviable on any article which, at the time of its importation, is certified by an officer empowered by the Government concerned in this behalf to be the property of [Government] to be used or intended to be used solely for public purposes and not to be used or intended to be used for purposes of profit.
147. Articles imported for immediate exportation. - Until the contrary is proved, any goods imported into the City shall be presumed to have been imported for the purposes of consumption, use or sale therein unless such goods are conveyed from the place of import to the place of export by such routes, within such time, under such supervision and on payment of such fees therefor as shall be determined by the standing orders.
Exemption from Theatre Tax148. Exemption from theatre tax. - The theatre tax shall not be leviable in respect of -
(a)any entertainment or amusement for admission to which no charge is made or only a nominal charge is made;(b)any entertainment or amusement which is not open to the general public on payment;(c)any entertainment or amusement the full proceeds of which, without the deduction of expenses, are intended to be utilised for a public charitable purpose;[(d) any entertainment exempted by the Commissioner of Police, the District Magistrate or the State Government from the entertainment duty under the Bombay Entertainments Duty Act, 1923.]Explanation. - For the purposes of this section a nominal charge shall be such charge as may be fixed by the rules.[Education Cess][148A. Levy of education cess. - (1) For the purposes of clause (15) of section 63, the Corporation may, [* * *] levy within its area an additional tax on buildings and lands (hereinafter referred to as "the education cess"), of so many per centum, not exceeding five, of the rateable value, [or of so many per centum of their capital value, as the case may be, as the Corporation may determine]:Provided that -(a)all buildings and lands vesting in the Central Government;(b)all other buildings and lands exempted from the general tax under section 132;(c)all buildings and lands of a rateable value [or a capital value, as the case may be] below such sum as the Corporation may determine;shall he exempted from the levy of education cess.148B. Payment to be made to Corporation in lieu of education cess by State Government. - (1) With effect from the first day of April 1993, and in respect of the period during which the education cess is levied under section 148A, the State Government shall pay to the Corporation annually, in lieu of the education cess from which buildings and lands vesting in the State Government are exempted by virtue of clause (b) of the proviso to sub-section (1) of section 148A (hereinafter, in this sections referred to as "the exempted buildings and lands"), a sum ascertained in the manner provided in subsection (2).
148C. Levy of street tax. - (1) The Corporation may, for the purposes of clause (18) of section 63, Levy within its area, an additional tax on buildings and lands (hereinafter referred to as "the street tax"), of so many per centum, not exceeding ten, of their rateable value, [or of so many per centum of their capital value, as the case may be] as the Corporation may, from time to time, determine:
Provided that, -(a)all buildings and lands vesting in the Central Government;(b)all other buildings and lands exempted from the general tax under section 132;(c)all buildings and lands of a rateable value [or a capital value, as the case may be] below such sum as the Corporation may determine,shall be exempted from the levy of street tax.149. Procedure to be followed in levying other taxes. - (1) In the event of the Corporation deciding to levy any of the taxes specified in sub-section (2) of section 127, it shall make detailed provision in so far as such provision is not made by this Act, in the form of rules, modifying, amplifying or adding to the rules at the time in force for the following matters, namely :-
(a)the nature of the tax, the rates thereof, the class or classes of persons, articles or properties liable thereto and the exemptions therefrom, if any, to be granted;(b)the system of assessment and method of recovery and the powers exercisable by the Commissioner or other officers in the collection of the tax;(c)the information required to be given of liability to the tax;(d)the penalties to which persons evading liability or furnishing incorrect or misleading information or failing to furnish information may be subjected;(e)such other matters, not inconsistent with the provisions of this Act, as may be deemed expedient by the Corporation :Provided that no rules shall be made by the Corporation in respect of any tax coming under clause (f) of sub-section (2) of section 127 unless the [State] Government shall have first given provisional approval to the selection of the tax by the Corporation.150. Any tax imposable under this Act may be increased or newly imposed by way of imposing supplementary taxation. - Whenever the Corporation determines under section 104 to have recourse to supplementary taxation in any official year it shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied, subject to the limit and conditions for such tax prescribed in this Act or in the orders or sanction of the [State] Government or by levying, with due sanction, a tax imposable under this Act but not being levied for the time being.
[150A. Power to assess in case of escape from assessment. - Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Act has escaped assessment in any year, the Commissioner may, at any time within six years from the date on which such person should have been assessed, serve on such person a notice assessing him to the tax or fee due and demanding payment thereon within 15 days from the date of such service, and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if assessment was made in the year to which the tax or fee relates.]Refunds151. Refunds of taxes how obtainable. - Refunds of a municipal tax shall be claimable in the manner and subject to the conditions prescribed by rules.
Writing off of taxes152. Writing off of irrecoverable taxes. - The Commissioner may, with the approval of the Standing Committee, from time to time write off any sum due on account of any tax or of the costs of recovering any tax, which shall, in his opinion, be irrecoverable.
[1521A. Power of Corporation to grant rebate for payment of arrears of tax. - Notwithstanding anything contained in section 152 or any other provisions of this Act, the Corporation may, grant such rebate, as may be approved by the State Government, to any person or class of persons, primarily liable for payment of property tax, who pays the amount of arrears of the property tax, as per the schedule of payment fixed by the Corporation.][152-A to 152-O. ***.][152-P to 152-T. ***]Chapter XII
Drains And Drainage
Municipal Drains153. Drains to be constructed and kept in repair by the commissioner. - (1) The Commissioner, shall maintain and keep in repair all municipal drains and shall with the approval of the Corporation construct such new drains as shall from time to time be necessary for effectually draining the City.
154. Adoption by Corporation of drains and drainage or sewage disposal works. - (1) The Commissioner may at any time with the approval of the Corporation declare that any drain or part thereof or any drainage or sewage disposal works situate within the City or serving the City or any part thereof shall, from such date as may be specified in the declaration, become vested in the Corporation:
Provided that, when the Commissioner proposes to make a declaration under this sub-section, he shall give written notice of the proposal to the owner or owners of the drain or works in question and shall take no further action in the matter until either one month has elapsed without an objection against his proposal being lodged under sub-section (2), or, as the case may be, until any objection so lodged has been duly considered.155. Powers for making drains. - (1) The Commissioner may carry any municipal drain through across or under any street, or any place laid out as or intended for a street or under any cellar or vault which may be under any street, and, after giving reasonable notice in writing to the owner or occupier, into, through or under any land whatsoever within City, or, for the purpose of outfall or distribution of sewage, without the City;
156. Alteration and discontinuance of drains. - The Commissioner may enlarge, alter the courses of, lessen, arch over or otherwise improve any municipal drain and may discontinue, close up or destroy any such drain which has, in his opinion, become useless or unnecessary or prohibit the use of any such drain either entirely or for the purpose of foul water drainage or for the purpose of surface drainage:
Provided that, if by reason of anything done under this section any person is deprived of the lawful use of any drain, the Commissioner shall, as soon as may be, provide for his use some other drain as effectual as the one which has been discontinued, close up or destroyed or the use of which has been prohibited.157. Cleaning drains. - (1) The municipal drains shall be so constructed, maintained and kept as to create the least practicable nuisance and shall be from time to time properly flushed, cleansed and' emptied.
158. Power to connect drain of private street with municipal drain. - The owner of a private street shall be entitled to connect the drain of such street with a municipal drain subject to the conditions laid down in the rules.
159. Right of owners and occupiers of buildings and lands to drain into municipal drain. - (1) Subject to the provisions of this section, the owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage :
Provided that, nothing in this sub-section shall entitle any person, -(a)to discharge directly or indirectly into any municipal drain any trade effluent except in accordance with the provisions of section 166 or any liquid or other matter the discharge of which is prohibited by or under this Act or any other law for the time being in force;(b)where separate municipal drains are provided for foul water and for surface water, to discharge directly or indirectly,-(i)foul water into a drain provided for surface water; or(ii)except with the permission of the Commissioner surface water into a drain provided for foul water; or(c)to have his drain made to communicate directly with a storm water overflow drain.160. Powers of Commissioner to require drain or proposed drain to be so constructed as to form part of general system. - (1) Where a person proposes to construct a drain, the Commissioner may, if he considers that the proposed drain is, or is likely to be, needed to form part of a general drainage system which the Corporation has provided, proposes to provide require him to construct the drain in a manner differing, as regards material or size of pipes, depth, fall, direction or outfall, or otherwise, from the manner in which he proposes, or could otherwise be required by the Commissioner, to construct it, and it shall be his duty to comply with the requirements of the Commissioner.
161. Connections with municipal drains not to be made except in conformity with Section 158 or 159. - No person shall, without complying with the provisions of section 158 or 159, as the case may be, and the rules made or cause to be made any connection of a drain belonging to himself or to some other persons with any municipal drain or other place legally set apart for the discharge of drainage; and the Commissioner may close, demolish, alter or remake any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the, owner of the street or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.
162. Right of owners and occupiers of premises to carry drain through land belonging to other persons. - (1) If it shall appear to the Commissioner that the only means or the most convenient means by which the owner or occupier of any premises can cause his drain to empty into a municipal drain or other place legally set apart for the discharge of drainage, is by carrying the same into, through or under any land belonging to some person other than the said owner or occupier, the Commissioner, after giving to the owner of the land a reasonable opportunity of stating any objection, may, if no objection is raised, or if any objection which is raised appears to him invalid or insufficient, by an order in writing, authorise the said owner or occupier to carry his drain into, through or under the said land in such manner as he shall think fit to allow.
163. Owner of land to allow others to carry drains through the land. - Every owner of land shall be bound to allow any person in whose favour an order has been made under sub-section (1) of section 162 to carry a drain into, through or under the land of such owner on such terms as may be prescribed in such order.
164. Commissioner may enforce drainage undrained premises situate within hundred feet of municipal drain. - Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place legally set apart for the discharge of drainage is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, required the owner or occupier of the said premises -
165. Commissioner may enforce drainage of undrained premises not situate within hundred feet of municipal drain. - (1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage, but not municipal drain or such place as aforesaid is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises -
(a)to construct a drain up to a point to be prescribed in such notice, but not distant more than one hundred feet from some part of the said premises; or(b)to construct a closed cesspool of such material, size and description in such position, at such level, and with allowance for such fall as the Commissioner thinks necessary and drain or drains emptying into such cesspool.166. Special provisions relating to trade effluent. - Subject to the provisions of this Act, rules and bye-laws, the occupier of any trade premises may, with the consent of the Commissioner, or so far as may be permitted by any such rules or bye-laws without such consent, discharge into the municipal drains any trade effluent proceeding from those premises.
167. Power of Commissioner to drain premises in combination. - (1) Where the Commissioner is of opinion that any group or block of premises, any part of which is situated within one hundred feet of a municipal drain, or other place legally set apart for the discharge of drainage already existing or about to be constructed, may be drained more economically or advantageously in combination than separately, the Commissioner may cause such group or block of premises to be drained by such method as appears to the Commissioner to be best suited therefor, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of such premises in such proportions as the Commissioner thinks fit.
168. Commissioner may close or limit the use of existing private drains. - (1) Where a drain connecting any premises with a municipal drain or other place legally set apart for the discharge of drainage, though sufficient for the effectual drainage of the said premises and otherwise unobjectionable, is not, in the opinion of the Commissioner, adapted to the general drainage system of the City or of the part of the City in which such drain is situated, the Commissioner may-
(a)subject to the provision of sub-section (2), close, discontinue or destroy the said drain and cause any work necessary for that purpose to be done;(b)direct that such drain shall, from such date as he may specify in this behalf, be used for sullage and sewage only or for rain-water only or for unpolluted sub-soil water only, or for both rain-water and unpolluted sub-soil water only, and by written notice required the owner or occupier of the premises to make an entirely distinct drain for rain-water or unpolluted sub-soil water, or for both rainwater and unpolluted sub-soil water, or for sullage and sewage.169. Vesting and maintenance of drains for sole use of properties. - Subject to the provisions of sub-section (2) of section 153, every drain which has been constructed, laid, erected or set up, whether at the expense of the Corporation or not, or which is continued or the sole use and benefit of any premises or group of premises, shall-
170. Right of Corporation to drains, etc. constructed, etc. at charge of Municipal Fund on premises not belonging to Corporation. - All drains, ventilation-shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at any time at the charge of the Municipal Fund or at the charge of the funds of any local authority having jurisdiction in any part of the City before the appointed day upon any premises not belonging to the Corporation and otherwise than for the sole use and benefit of the premises or group of promises shall, unless the Corporation has otherwise determined, vest in the Corporation.
171. New building not to be erected without drains. - (1) It shall not be lawful to newly erect any building, or to re-erect any building, or to occupy any building newly erected or re-erected unless and until-
(a)a drain be constructed of such size, material and description at such level and with such fall as shall appear to the Commissioner to be necessary for the drainage of such building;(b)there have been provided for and set up in such building and in the premises appurtenant thereto, all such appliances and fittings as may appear to the Commissioner to be necessary for the purposes of gathering and receiving the drainage from, and conveying the same off, the said building and the said premises, and of effectually flushing the drain of the said building and every fixture connected therewith.172. Obligation of owners of drains to allow use or joint ownership to others. - Every owner of a drain connected with a municipal drain or other place legally set apart for the discharge of drainage shall be bound to allow the use of it to others, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 173.
173. How right of use of joint ownership of a drain may be obtained by a person other than the owner. - (1) Any person desiring to drain his premises into a municipal drain through a drain of which he is not an owner, may make a private arrangement with the owner for permitting his use of the drain, or may apply to the Commissioner for authority to use such drain or to be declared joint owner thereof.
174. Sewage and rain water drains to be distinct. - Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, the Commissioner may require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain water and unpolluted sub-soil water or for both rain water and unpolluted sub-soil water, each emptying into separate municipal drains or other places legally set apart for the discharge of drainage or other suitable places.
175. Affixing of pipes for ventilation of drains, etc. - (1) For the purpose of ventilating any drain or cesspool, whether belonging to the Corporation or to any other person, the Commissioner may erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as shall appear to the Commissioner necessary and cut through any projection from any building including the eaves of any roof thereof in order to carry up such shaft or pipe through any such projection and lay in, through, or under any land such appliances as may in the opinion of the Commissioner be necessary for connecting such ventilating shaft or pipe with the drain or cesspool intended to be ventilated.
176. Appointment of places for emptying of drains and disposal of sewage. - The Commissioner may cause all or any municipal drains to empty into any place, whether within or without the City, and dispose of the sewage at any place whether within or without the City, and in any manner which he shall deem suitable for such purpose:
Provided that -177. Provision of means for disposal of sewage. - The Commissioner may, for the purpose of receiving, treating, storing, disinfecting, distributing or otherwise disposing of sewage, construct any work within or without the city or purchase or take on lease any land, building, engine, material or apparatus either within or without the City or enter into any arrangement with any person for any period not exceeding twenty years for the removal or disposal of sewage within or without the City.
Water-closets, Privies, Urinals, etc.178. Construction of water-closets and privies. - (1) It shall not be lawful to construct any water-closet or privy for any premises, except with the written permission of the Commissioner and in accordance with such terms not being inconsistent with any rule or bye-law for the time being in force, as he may prescribe.
179. Water-closets and other accommodation in buildings newly erected or re-erected. - (1) It shall not be lawful to erect or to re-erect or convert within the meaning of section 253 and building for, or intended for, human habitation, or at or in which labourers or workmen are to be employed, without such water-closet or privy accommodation, and such urinal accommodation and accommodation for bathing or for the washing of clothes and domestic utensils of such, building as the Commissioner may prescribe:
[Provided that it shall be lawful with the permission, of the Commissioner to erect, re-erect or convert any building as aforesaid without water-closet or privy accommodation on any plot of land not exceeding one thousand square feet situated in such area or areas as the Commissioner with the previous sanction of the Standing Committee, having regard to the relatively undeveloped and rural character thereof, considers it unessential to provide for such water-closet or privy accommodation.]180. Public necessaries. - The Commissioner shall provide and maintain in proper and convenient situations water-closets, latrines, privies and urinals and other similar conveniences for public accommodation.
Inspection181. Drains, etc. not belonging to Corporation to be subject to inspection and examination. - (1) All drains, ventilation, shafts and pipes, cesspools, house-gullies, water-closets, privies, latrines and urinals and bathing and washing places which do not belong to the Corporation, or which have been constructed, erected or set up at the charge of the Municipal Fund on premises not belonging to the Corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Commissioner.
182. Power to open ground, etc. for purpose of inspection and examination. - For the purpose of such inspection and examination, the Commissioner may cause the ground or any portion of any drain or other work exterior to a building or any portion of a building, which he shall think fit, to be opened, broken up or removed.
183. Expenses of inspection and examination. - (1) If upon any such inspection and examination as aforesaid, it shall' be found that the drain, ventilation-shaft or pipe, cesspool, house-gully, water-closet, privy, latrine and urinal or bathing or washing place examined is in proper order and condition, and that none of the provisions of this Act or of the rules or bye-laws of any other enactment for the time being in force has been contravened in respect of the construction or maintenance thereof, and that no encroachment has been made thereupon, the ground or portion of any building, drain or other work, if any, opened, broken up or removed for the purpose of such inspection and examination shall be filled in, reinstated and made good by the Commissioner.
184. Commissioner may require repairs, etc. to be made. - (1) When the result of such inspection and examination as aforesaid is as described in sub-section (2) of section 183 the Commissioner may-
(a)by written notice require the owner of the premises or the several owners of the respective premises in which the drain, ventilation-shaft or pipe, cess-pool, house-gully, water-closet, privy, latrine, urinal or bathing or washing place is situated or for the benefit of which the same has been constructed, erected or set up,-(i)to close or remove the same or any encroachment thereupon or, subject to the proviso to clause (c) of sub-section (1) of section 186, to remove any projection over the same; or(ii)to renew, repair, cover, recover, trap, ventilate, flush, pave and pitch or take such other order to keep the same in working condition by effecting such other works as he shall think fit to direct and to fill in, reinstate and make good the ground, building or thing opened, broken up or remove for the purpose to such inspection and examination; and(b)without notice, close, fill up or demolish any drain by which sullage or sewage is carried through from into or upon any premises in contravention of any of the provisions of this Act or the rules or bye-laws, and the expenses incurred by the Commissioner in so doing shall be paid by such owner or owners.185. Cost of inspection and execution of works in certain cases. - In the case of any drain which has been constructed, erected or fixed, or which is continued, for the exclusive use and benefit of two or more premises and which is not -
(a)a drain constructed under sub-section (1) of section 167, or(b)a drain in respect of which conditions as to the respective responsibilities of the parties have been declared under sub-clause (2) of section 173, the expenses of any inspection and examination made by the Commissioner under Section 181 and of the execution of any work required under section 184, whether executed under Section 188 or not, shall be paid by the owners of such premises, in such proportions, as shall be determined by the Commissioner.[185A. Responsibility of owner or occupier to keep and maintain exterior of building in good condition. - (1) It shall be the responsibility of every owner or occupier of a building to ensure that the exterior of the building is kept and maintained in good condition and, is not in a state of disrepair or spoiled on account of cracks, stains, shabby enclosures, hanging wires or cables or keeping of unwholesome articles which spoil the appearance of a building or part thereof:Provided that, nothing in this section shall apply to the area declared as slum area under sub-section (1) of section 4 of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 and the buildings in respect of which the redevelopment plan is sanctioned by the Competent Authority or is under consideration of the Competent Authority.185B. Power of Commissioner to make declaration of aesthetic harmony. - (1) The Commissioner, after obtaining approval of the State Government, may, by notification in the Official Gazette, and by advertisement in not less than two local news papers, declare that with a view to creating aesthetic harmony, maintaining architectural character and beautifying and improving the aesthetic appearance of a particular urban space, the external appearance of any building or buildings including any fixtures thereon and a boundary wall, if any, either existing on the date of publication of declaration or proposed to be constructed and completed thereafter and located on any street in any locality or part thereof in the municipal area specified in such declaration, be kept and maintained in such manner and within such time as may be indicated in such declaration.
186. Prohibition of acts contravening the provisions of the Act, rules or bye-laws or done without sanction. - (1) No person shall -
(a)in contravention of any of the provisions of this Act or rules or bye-laws or of any notice issued or direction given under this Act or without the written permission of the Commissioner, in any way after the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place or any trap, covering or other fitting or appliance connected therewith;(b)without the written permission of the Commissioner, renew, rebuild or unstop any drain, ventilation-shaft or pipe, cesspool, water-closet, privy, latrine or urinal or bathing or washing place, or any fitting or appliance, which has been or has been ordered to be, discontinued, demolished or stopped up under any of the provisions of this Act or the rules or bye-laws;(c)without the written permission of the Commissioner, make any projection over or encroachment upon or in any way injure or cause or permit to be injured, any drain, cess-pool, house-gully, water-closet, privy, latrine or urinal or bathing or washing place:Provided that nothing in this clause shall apply to any weather-shade in width not exceeding two feet over any window which does not front a wall or window of an adjoining house;(d)drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain, any brick, stone, earth, ashes, dung or any substance or, matter which is likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents.(e)pass, or permit or cause to be passed, into any drain provided for a particular purpose any matter or liquid for the conveyance of which such drain has not been provided;(f)except as provided by or under this Act, cause or suffer to be discharged into any drain any chemical refuse or waste steam or any liquid of a temperature higher than one hundred and twenty degrees Fahrenheit, being refuse or steam which when so treated is, either along or in combination with the contents of the drain, dangerous or the cause of a nuisance or prejudicial to health;(g)cause or suffer to be discharged into any drain, carbide of calcium or any such crude petroleum, any such oil made from petroleum, coal, shale or bituminous substances or such product of petroleum or mixture containing petroleum as give off under test an inflammable vapour at a temperature of less than seventy-three degrees Fahrenheit.187. Water closets, etc. not to be injured or improperly fouled. - (1) No person shall injure or foul any water-closet, privy, urinal or bathing or washing place or any fittings or appliances in connection therewith which have been provided for the use in common of the inhabitants of one or more buildings.
188. Commissioner may execute certain works under this Act without allowing option to persons concerned of executing the same. - (1) The Commissioner may, if he thinks fit, cause any work described in this Chapter or in Chapter IX of the Schedule to be executed by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed the option of doing the same.
Chapter XIII
Water Supply
Construction and maintenance of municipal water works189. Water supply. - (1) When the Commissioner has given public notice under clause (b) of subsection (1) of section 130 that the Corporation has arranged to supply water to any portion of the City from municipal water-works by means of private water connections or of public stand post or by any other means, it shall be incumbent on him to take all such measures as may be practicable to ensure that a sufficient supply is available for meeting the reasonable requirements of the residents of such portion of the City.
190. Inspection of municipal water-works by persons appointed by [State] Government. - Any person appointed by the [State] Government in this behalf shall at all reasonable times have liberty to enter upon and inspect any municipal water-works.
191. Power of access to municipal water-works. - The Commissioner and any person appointed by the [State] Government under section 190 in this behalf may, for the purpose of inspecting or repairing or executing any work in, upon or in connection with any municipal water-works, at all reasonable times -
192. Power of carrying water-mains, etc. - (1) For the purposes of carrying, renewing and repairing water-mains, pipes and ducts within or without the City, the Commissioner shall have the same powers and the subject to the same restrictions as he has and is subject to under the provisions hereinbefore contained, for carrying, renewing and repairing drains within the City.
193. Fire-hydrants to be provided. - The Commissioner shall cause fire-hydrants and all necessary works, machinery and assistance for supplying water in case of fire to be provided and maintained and shall have painted or marked on the buildings and walls or in some other conspicuous manner, within the streets, words or marks near to such hydrants to denote the situation thereof, and shall cause a hydrant-key to be deposited at each place within the City where a municipal fire-engine is kept, and do such other things for the purpose aforesaid as he shall deem expedient.
194. Prohibition of certain acts affecting the municipal water-works. - (1) Except with the permission of the Corporation, no person shall -
(a)erect any building for any purpose whatever on any part of such area as shalt be demarcated by the Commissioner surrounding any lake, tank, well or reservoir from which a supply of water is derived for a municipal water-work;(b)remove, alter, injure, damage or in any way interfere with the demarcation works of the area aforesaid;(c)extend, alter or apply to any purpose different to that to which the same has been heretofore applied, any building already existing within the area aforesaid; or(d)carry on, within the area aforesaid, any operation of manufacture, trade or agriculture in any manner, or do any act whatever, whereby injury may arise to any such lake, tank, well or reservoir or to any portion thereof or whereby the water of any such lake, tank, well or reservoir may be fouled or rendered less wholesome.195. Buildings, etc. not to be erected over municipal water-main without permission. - (1) Without the written permission of the Commissioner, no building, wall or structure of any kind shall be newly erected or re-erected and no street or minor railway shall be constructed, over any municipal water-main.
196. Vesting of public drinking fountains, etc. in the Corporation. - (1) All existing public drinking fountains, tanks, reservoirs, cisterns, pumps, wells, ducts and works for the supply of water for the gratuitous use of the inhabitants of the City shall vest in the Corporation and be under the control of the Commissioner.
197. Public drinking fountains, etc. may be set apart for particular purposes. - (1) The Commissioner may assign and set apart each of the said works and the water therein for use by the public for such purpose only as he shall think fit, and shall cause to be indicated, by a notice affixed on a conspicuous spot on or near each such work, the purpose for which the same is so assigned and set apart.
198. Conditions as to use of water not to be contravened. - No person to whom water is supplied by measurement or according to the size of the connection or on payment of a fixed periodical sum shall contravene any condition prescribed under sub-section (2) of section 134 for the use of such water, or permit any such condition to be contravened.
199. Water-pipes, etc. not to be placed where water will be polluted. - (1) No water-pipes shall be laid in a drain or on the surface of an open channel or house-gully or within twenty feet of a cesspool, or in any position where the pipe is likely to be injured or the water therein polluted and no well or tank and, except with the consent of the Commissioner, no cistern shall be constructed within twenty feet of a privy, water-closet or cesspool.
200. Prohibition of fraudulent and unauthorised use of water. - (1) No person shall fraudulently dispose of any water supplied to him by the Corporation.
201. Power to supply water without the City. - The Commissioner may supply water from a municipal water-work to any local authority or person without the City on such terms as to payment and as to the period and conditions of supply as shall be, either generally or specially, approved by the Corporation.
Chapter XIV
Streets
Construction, Maintenance and Improvement of Streets202. Vesting of public streets in Corporation. - All streets within the City being, or which at any time become, public streets, except streets, which on the appointed day vested in the [Government] or which after the said day may be constructed and maintained by an authority other than the Corporation, and the pavements, stones and other materials thereof shall vest in the Corporation and be under the control of the Commissioner.
203. Power of Commissioner in respect of public streets. - (1) The Commissioner shall from time to time cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered and repaired, as occasion shall require, and may also from time to time widen, extend or otherwise improve any such street or cause the soil thereof to be raised, lowered or altered and may place and keep in repair fences and posts for the safety of pedestrians :
Provided that no widening, extension or other improvement of a public street, the aggregate cost of which will exceed five thousand rupees or such higher amount as the Corporation may from time to time fix shall be undertaken by the Commissioner unless or until such undertaking has been authorised by the Corporation.204. Disposal of land forming site of closed streets. - Whenever any public street or part of a public street, is permanently closed under section 203, the site of such street, or of the portion thereof which has been closed, may be disposed of a land vesting in the Corporation subject to the previous sanction of the [State] Government.
205. Power to make new public streets. - The Commissioner, when authorised by the Corporation in this behalf, may at any time -
206. Minimum width of new public streets. - (1) The Corporation shall from time to time with the sanction of the [State] Government specify the minimum width for different classes of public streets according to the nature of the traffic likely to be carried thereon, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and other similar considerations.
207. Power to adopt, construct or alter any sub-way, bridge, etc. - The Commissioner when authorised by the Corporation in this behalf, may agree with any person,-
208. Power to prohibit use of public streets for certain kinds to traffic. - (1) It shall be lawful for the Commissioner with the sanction of the Corporation to -
(a)prohibit vehicular traffic in any particular public street vesting in the Corporation so as to prevent danger, obstruction or inconvenience to the public by fixing up posts at both ends of such street or portion of such street;(b)prohibit in respect of all public streets, or particular public streets, the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be deemed likely to cause injury to roadways or any construction thereon, or risk or obstruction to other vehicles to pedestrians along or over such street or streets, except under such conditions as to time, mode of traction or locomotion, use of appliances for protection of the roadway, number of lights and assistants, and other general precautions and the payment of special charges as may be specified by the Commissioner generally or specially in each case.209. Power to acquire premises for improvement of public streets. - (1) The Commissioner may, subject to the provisions of sections 77, 78 and 79, -
(a)acquire any land required for the purpose of opening, widening, extending, diverting or otherwise improving any public street, bridge or sub-way or of making any new public street, bridge or sub-way and the buildings, if any, standing upon such land;(b)acquire in addition to the said land and the buildings, if any, standing thereupon, all such land with the buildings, if any, standing thereupon, as it shall seem expedient for the Corporation to acquire outside of the regular line, or of the intended regular line, of such street;(c)lease, sell or otherwise dispose of any land or building purchased under clause (b).210. Power to prescribe street lines. - (1) The Commissioner may, -
(a)prescribe a line on one or both sides of any public street:Provided that every regular line of a public street operative under any law for the time being in force in any part of the City on the day immediately preceding the appointed day shall be deemed to be a street line for the purposes of this Act until a street line is prescribed by the Commissioner under this clause;(b)from time to time, but subject in each case to the previous approval of the Standing Committee, prescribe a fresh line in substitution for any line so prescribed or for any part thereof:Provided that such approval shall not be accorded unless, at least one month before the meeting of the Standing Committee at which the matter is decided, public notice of the proposal has been given by the Commissioner by advertisement in the local newspapers and special notice thereof, signed by the Commissioner, has also been put up in the street or part of the street for which such fresh line is proposed to be prescribed and until the Standing Committee has considered all objections to the said proposal made in writing and delivered at the office of the Municipal Secretary not less than three clear days before the day of such meeting.211. Setting back buildings to the regular line of the street. - (1) If any building or any part of a building abutting on a public street is within the regular line of the street, the Commissioner may, whenever it is proposed -
(a)to rebuild such building or to take down such building to an extent exceeding one-half thereof above the ground level, such half to be measured in cubic feet; or(b)to remove, reconstruct or make any addition to or structural alteration in any portion of such building which is within the regular line of the street, in any order which he issues concerning the rebuilding, alteration or repair of such building, require such building to be set back to the regular line of the street.212. Additional power to Commissioner to order setting back of buildings to regular line of street. - (1) If any building or any part thereof is within the regular line of a public street and if, in the opinion of the Commissioner, it is necessary to set back the building to the regular line of the street, he may, if the provisions of section 211 do not apply, by written notice -
(a)require the owner of such building to show cause within such period as is specified in such notice by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to the Commissioner, why such building or any part thereof, which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner; or(b)require the said owner on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf and show cause why such building or any part thereof which is within the regular line of the street shall not be pulled down and the land within the said line acquired by the Commissioner.213. Acquisition of open land or of land occupied by platforms, etc., within regular line of street. - If any land not vesting in the Corporation, whether open or enclosed, lies within the regular line of a public street and is not occupied by a building, or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building, abutting on a public street or a portion of a platform, verandah, step, compound wall, hedge or fence or other structure, is within the regular line of such street, the Commissioner may, after giving to the owner of the land or building not less than seven clear days' written notice of his intention to do so, take possession on behalf of the Corporation of the said land with its enclosing wall, hedge or fence, if any, or of the said platform, verandah, step or other such structure as aforesaid or of the portion of the said platform, verandah, step or other such structure as aforesaid which is within the regular line of the street and, if necessary, clear the same and the land so acquired shall thenceforward be deemed part of the public street:
Provided that when the land or building is vested in the [Government] possession shall not be taken as aforesaid, without the previous sanction of the Government concerned and, when the land or building is vested in any Corporation constituted by any law for the time being in force, possession, shall not be taken as aforesaid, without the previous sanction of the [State] Government.214. Acquisition of the remaining part of building and land after their portions within a regular line of the street are acquired. - (1) If a building or land is partly within the regular line of a public street and if the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a part of the public street vesting in the Corporation.
215. Setting forward of buildings to the line of the street. - (1) If any building which abuts on a public street is in rear of the regular line of such street, the Commissioner may, whenever it is proposed -
(a)to rebuild such building, or(b)to alter or repair such building in any manner that will involve the removal or re-erection of such building, or of the portion thereof which abuts on the said street to an extent exceeding one-half of such building or portion thereof above the ground level, such half to be measured in cubic feet.In any order which he issues concerning the rebuilding, alteration or repair of such building, permit or with the approval of the Standing Committee, require such building to be set forward to the regular line of the street.216. Compensation to be paid and betterment charges to be levied. - (1) Compensation shall be paid by the Commissioner to the owner of any building or land required for a public street under sections 211, 212, 213 or 214 for any loss which such owner may sustain in consequence of his building or land being, so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner;
Provided that -(i)any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation;(ii)if any such increase in value exceeds the amount of loss sustained or expenses incurred by the said owner, the Commissioner may recover from such owner half the amount of such excess as a betterment charge.217. Notice to be given to Commissioner of intention to layout lands for buildings and for private streets. - Every person who intends -
218. Commissioner may call for further particulars. - If any notice under section 217 does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case or if any such notice given for any of, or all, the purposes mentioned in clause (a), (b) or (c) of the said section does not contain any proposal or intention to make or lay out a private street, he may, at any time within thirty days after receipt of the said notice, by written notice require the person who gave the said notice -
219. Commissioner may require plans to be prepared by licensed surveyor. - The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of section 217 or 218 which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.
220. Laying out of land, dimensions and area of each building plot laying out of private streets and buildings and heights of buildings to be determined by Commissioner. - (1) The laying out of land for building, the dimensions and area of each building plot, the level, direction, width and means of drainage of every private street, the kind and number of trees to be planted and reared beside such streets and the height and means of drainage and ventilation of and access to all buildings to be erected on such land or either side of such street shall be fixed and determined by the Commissioner subject to such general directions as the Standing Committee may give in this behalf from time to time with the general object of securing sanitary conditions, amenity and convenience in connection with the laying out and use of the land and of any neighbouring lands, and also with the object that the proposed private street may not conflict with any arrangements which have been made or which are, in the opinion of the Commissioner, likely to be made for carrying out any general scheme of new streets or of improvements of existing streets in the locality:
Provided that if, within sixty days after the receipt by the Commissioner of any notice under section 217 or of the plans, sections, descriptions, scheme or further information, if any, called for under section 218, the disapproval by the Commissioner with regard to any of the matters aforesaid specified in such notice has not been communicated to the person who gave the same, the proposals of the said person shall be deemed to have been approved by the Commissioner.221. Land not to be appropriated for building and private street not to be laid out until expiration of notice nor otherwise than in accordance with Commissioner's directions. - (1) No person shall sell, let, use or permit the use of any land whether undeveloped or partly developed, for building or divide any such land into building plots or make or lay out any private street -
(a)unless such person has given previous written notice of his intention as provided in section 217 not until the expiration of sixty days from delivery of such notice, nor otherwise than in accordance with such directions (if any) as may have been fixed and determined under sub-section (1) of section 220;(b)after the expiry of the period of one year specified in sub-section (2) of section 220;(c)unless such person gives written notice to the City Engineer of the date on which he proposes to proceed with any work which he is entitled to carry out and commences such work within seven days of the date mentioned in the notice.222. Renewal of notice of intention to carry out works not executed in pursuance of approval given under section 220. - If a person who is entitled to proceed with any work under section 220 fails so to do within the period of one year specified therein, he may at any time give fresh notice of his intention to execute such work and such notice shall be treated as a new notice under section 217.
223. Levelling and draining of private streets and means of access. - If any private street or any other means of access to a building be not levelled, metalled, flagged or paved, sewered, drained, channelled, lighted or provided with trees for shade to the satisfaction of the Commissioner, he may, with the sanction of the Standing Committee, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which will benefit by works executed under this section, to carry out any one or more of the aforesaid requirements in such manner as he shall direct.
224. Power to declare private streets when sewered etc. public streets. - When any private street has been levelled, metalled, flagged or paved, sewered, drained, channelled and made good to the satisfaction of the Commissioner; he may and, upon the request of the owners or of any of the owners of such street, shall, if Vamps, lamp-posts and other apparatus necessary for lighting such street have been provided to his satisfaction and if all land revenue payable to the [State] Government in respect of the land comprised in such street has been paid, declare the same to be a public street by notice in writing put up in any part of such street, and thereupon the same shall become a public street and vest in the Corporation as such:
Provided that no such street shall become a public street if, within one month after such notice has been put up, the owner of such street or the greater part thereof shall, by notice in writing to the Commissioner; object thereto.225. Applicability of sections 223 and 224 when a street is in part public and in part private. - If a portion only of any street is a public street, the other portion of such street may for all purposes of sections 223 and 224 be deemed to be private street.
Projections and Obstructions226. Prohibition of projections upon streets, etc. - (1) Except as provided in section 227, no person shall erect, set-up, add to, or place against or in front of any premises any structure or fixture, which will-
(a)overhang, jut or project into, or in any way encroach upon, or obstruct in any way the safe or convenient passage of the public along any street, or(b)jut or project into or encroach upon any drain or open channel in any street so as to in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleansing thereof.227. Projections over streets may be permitted in certain cases. - (1) The Commissioner may give a written permission, on such terms as he shall in each case think fit, to the owner or occupier of any building abutting on any street, -
(a)to erect an arcade over such street or any portion thereof, or(b)to put up a verandah, balcony, arch, connecting passage, sun-shade, weather-frame canopy, awning, or other such structure or thing projecting from any story over or across any street or portion thereof :Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which the construction of arcades has not been generally sanctioned by the Corporation.228. Ground-floor doors etc., not to open outwards on streets. - The Commissioner may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street, in such manner as, in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards.
229. Prohibition of structures or fixtures which cause obstruction in streets. - (1) No person shall, except with the permission of the Commissioner under section 227 or 234, erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or movable and whether of a permanent or a temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to, or an encroachment upon or a projection over, or to occupy, any portion of such street channel, drain, well or tank.
230. Prohibition of deposits etc., of things in streets. - (1) No person shall, except with the written permission of the Commissioner, -
(a)place or deposit upon any street, or upon any open channel, drain or well in any street or in any public place any stall, chair, bench, box, ladder, bale, or other thing whatever so as to form an obstruction thereto or encroachment thereon;(b)project at a height of less than twelve feet from the surface of the street, any board or chair, beyond the line of the plinth of any building over any street, or over any open channel, drain, well or tank in any street;(c)attach to, or suspend from, any wall or portion of a building abutting on a street, at a lower height than aforesaid anything whatever.231. Commissioner may, without notice, remove anything erected, deposited or hawked or exposed for sale in contravention of Act. - The Commissioner may, without notice, cause to be removed,-
232. Power to require removal of any structure or fixture erected or set-up before the appointed day. - The Commissioner- may, by written notice, require the owner or occupier of any premises contiguous to, or in front of or in connection with which any wall, fence, rail, post, step, booth or other structure or fixture, which it would be unlawful to erect or set-up under this Act, has been erected or set-up before the appointed day, to remove the said wall, fence, post, step, stall or other structure or thing:
Provided that, if in any such case the structure or fixture shall have been lawfully erected or set-up, compensation shall be paid by the Commissioner to every person who sustains loss or damage by the removal or alteration thereof.233. Prohibition of tethering of animals in public streets. - (1) No person shall tether any animal or cause or permit the same to be tethered by any member of his family or household, in any public street.
234. Commissioner may permit booths, etc. to be erected on streets on festivals - [With the concurrence, in any area for which a Commissioner of Police has been appointed, of the Commissioner of Police or any officer nominated by him and elsewhere, of the District Magistrate or any officer nominated by him,] the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.
Provisions concerning Execution of Works in or near to Streets235. Streets when broken up for any municipal purposes to be restored without delay. - Whenever the soil or pavement of any street is opened or broken up by or under the order of the Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the Corporation, the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth and materials, if any, excavated and all rubbish occasioned thereby shall be removed without delay.
236. Commissioner may close streets in which work is in progress. - (1) The Commissioner may, whilst any such work as aforesaid or any work which may lawfully be executed in any street is in progress, direct that the said street shall be wholly or partially closed for traffic or for traffic of such description as he shall think fit; and shall set up in a conspicuous position an order prohibiting traffic to the extent so directed, and fix such bars, chains or posts across or in the street as he shall think proper for preventing or restricting traffic therein.
237. Commissioner to provide for traffic, etc. pending execution of municipal work in any street. - Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall, so far as may be reasonably practicable, make adequate provision for the passage or diversion of traffic, for securing access to all premises approached from such street, and for any drainage, water-supply, or means of lighting which may be interrupted by reason of the execution of the said work.
238. Precautions to be taken for public safety whilst municipal works are in progress in any street. - (1) Whilst the execution of any work on behalf of the Corporation is in progress in any street, the Commissioner shall -
(a)take proper precaution for guarding against accident by shoring up and protecting the adjoining buildings;(b)have any place where the soil or pavement has been opened or broken up fenced and guarded;(c)have a light sufficient for the warning of passengers set up and kept every night against any such place and against any bars, chains or posts set up under section 236 for so long as such place shall be continued open or broken up or such bars, chains or posts shall remain set up.239. Streets not to be opened or broken up and building materials not to be deposited thereon without permission. - (1) No person other than the Commissioner or a municipal officer or servant shall without the written permission of the Commissioner or without other lawful authority-
(a)open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement, or any wall, fence, posts, chain or other materiai or thing forming part of any street;(b)deposit any building materials in any street; or(c)set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rails, boards or other things by way of enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials.240. Precautions for public safety to be taken by persons to whom permission is granted under section 239. - Any person to whom any permission is granted under section 239 shall at his own expense, cause the place where the soil or pavement has been opened or broken up or where he has deposited building materials, or set up any scaffold; erection or other thing, to be properly fenced and guarded, and, in all cases in which the same is necessary to prevent accidents shall cause such place to be well lighted during night.
241. Persons to whom permission is granted under section 239 must reinstate streets, etc. - (1) Every person to whom permission is granted under section 239 to open or break up the soil or pavement of any street or who, under other lawful authority, opens or breaks up the soil or pavement of any street, shall with all convenient speed complete the work for which the same shall be opened or broken up, and fill, in the ground and reinstate and make good the street or pavement so opened or broken up without delay to the satisfaction of the Commissioner.
242. Provisions to be made by persons granted permission under section 239 for traffic etc. - The Commissioner may, by written notice, require any person to whom permission is granted under section 239 to open or break up the soil or pavement of any street or whom, under any other lawful authority, opens or breaks up the soil or pavement of any street for the purpose of executing any work, to make provision to his satisfaction for the passage or diversion of traffic for securing access to the premises approached from such street and for any drainage, water-supply or means of lighting which may be interrupted by reasons of the execution of the said work.
243. Buildings at corners of streets. - (1) The Commissioner may, with the approval of the Standing Committee, require by written order the corner of any building which has already been erected or which is to be newly erected or which is to be reconstructed or repaired and which is situated at the junction of two or more streets to be rounded or splayed off to such height and in such manner as he may determine and may also in such order impose such conditions as he deems necessary as to the construction of a compound wall or fence or hedge or any other structure whatsoever or the planting or retention of any tree on the premises appurtenant to such building.
243A. Provision for parking or halting places or lots and fees or charges therefor. - (1) The Commissioner may, in consultation with the Commissioner of Police, or where there is no Commissioner of Police, the Police Officer who ranks highest in the hierarchy of Police Officers in the Corporation area, from time to time, earmark such places as he thinks fit to be the parking or halting places or lots for vehicles on any part of a public street or public place.
244. Regulations as to sky-signs. - (1) No person shall, without the written permission of the Commissioner, erect, fix or retain any sky-sign of the kind prescribed by rules whether existing on the appointed day or not. [Where a sky-sign is a poster depicting any scene from a cinematographic film, stage play or other stage performance, such permission shall not be granted unless prior scrutiny of such poster is made by the Commissioner and he is satisfied that the erection or fixing of such poster is not likely to offend against decency or morality. A permission under this section] [may be granted or renewed for a period not exceeding two years] from the date of each such permission or renewal, subject to the condition that such permission shall be deemed to be void if, -
(a)any addition is made to the sky-sign except for the purpose of making it secure under the direction of the City Engineer;(b)any change is made in the sky-sign, or any part thereof;(c)the sky-sign or any part thereof fall either through accident, decay or any other cause;(d)any addition or alteration is made to, or in, the building or structure upon or over which the sky-sign is erected, fixed or retained, involving the disturbance of the sky-sign or any part thereof;(e)the building or structure upon or over which the sky-sign is erected, fixed or retained becomes unoccupied or be demolished or destroyed.245. Regulation and control of advertisement. - (1) The Commissioner may, by notice in writing, require the owner or the person in occupation of any land, building, wall, hoarding or structure to take down or remove, within such period as is specified in the notice, any advertisement upon such land, building, wall, hoarding, or structure.
246. Hoards to be set up during work on any building adjacent to street. - (1) No person who proposes to build, take down or rebuild any building or wall, or to alter or repair any part of any building or wall, shall, in any case in which the footway in any adjacent street will be thereby obstructed or rendered less inconvenient, commence doing so without first having caused to be put up a proper and sufficient hoard or fence, with a convenient platform and hand-rail if there be room enough for the same and the Commissioner shall think the same desirable, to serve as a footway for passengers outside of such hoard or fence.
247. Commissioner to take proceedings for repairing or enclosing dangerous place or places where some work affecting safety or convenience is carried on. - (1) If any place is, in the opinion of the Commissioner; from want of sufficient repair, protection or enclosure or owing to some work being carried on thereupon, dangerous to passengers along a street, or to persons who have lawful access thereto or to the neighbourhood thereof or if any such work, in the opinion of the Commissioner, affects the safety or convenience of such persons, he may, by notice in writing, require the owner or occupier thereof to repair, protect or enclose the said place or take such other step as shall appear to the Commissioner necessary, in order to prevent danger therefrom or to ensure safety or convenience of such persons.
248. Protective measures during demolition work. - (1) No person who proposes to take down a building or a part thereof shall commence doing so without providing, in addition to such hoard or fence which he may be required to provide under section 246, screens extending to the full height of such building on all sides thereof so as to prevent pollution of the surrounding air with dust or injury or damage caused by the falling or any debris, bricks, wood and other material.
249. Public streets to be lighted. - (1) The Commissioner shall, -
(a)take measures for lighting in a suitable manner the public streets, municipal gardens and open spaces and municipal markets and all buildings vesting in the Corporation;(b)procure, erect and maintain such number of lamps, lamp-posts and other appurtenances as may be necessary for the said purpose; and(c)cause such lamps to be lighted by means of oil, gas, electricity or such other light as the Corporation shall from time to time determine.250. Measures for watering streets. - The Commissioner may -
251. Prohibition of removal, etc., of lamps or any other municipal property on streets. - No person shall, without lawful authority, take away or wilfully break, throw down or damage -
252. Persons accidentally breaking lamps, etc., to repair the damage. - If any person shall, through negligence or accident, break any lamp set up in any public street or municipal market, garden or public place or building vesting in the Corporation or shall break or damage any property of the Corporation on any street, he shall pay the expenses of repairing the damage so done by him.
Chapter XV
Building Regulations
Notices regarding Erection, etc. of Buildings253. Notice to be given to Commissioner of intention to erect building. - (1) Every person who shall intend to erect a building shall give to the Commissioner notice of his said intention in the form prescribed in the bye-laws and containing all such informations as may be required to be furnished under the bye-laws.
254. Notice to be given to Commissioner of intention to make additions etc. to building. - (1) Every person who shall intend-
(a)to make any addition to a building,(b)to make any alteration or repairs to a building, not being a frame-building involving the removal or re-erection of any external or party-wall thereof or of any wall which supports the roof thereof, to an extent exceeding one-half of such wall above the plinth level, such half to be measured in superficial feet,(c)to make-any alteration or repairs to a frame-building involving the removal or re-erection of more than one-half of the posts or beams in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one-half of such wall above plinth level, such half to be measured in superficial feet,(d)to make any alteration in a building involving-(i)the sub-division of any room in such building so as to convert the same into two or more separate rooms, or(ii)the conversion of any passage or space in such building into a room or rooms,(e)to repair, remove, construct, reconstruct or add to any portion of a building abutting on a street which stands within the regular line of such street,(f)to carry out any work in a building involving-(i)the construction or re-construction of a roof,(ii)the conversion of a roof into a terrace,(iii)the conversion of a terrace into a roof, or(iv)the construction of a lift shaft,(g)to carry out any repairs to a building involving the construction of a floor of a room (excluding the ground floor),(h)to permanently close any door or window in an external wall, or(i)to remove or reconstruct the principal staircase or to alter its position, shall give notice to the Commissioner, in the form prescribed in the bye-law and containing all such information as may be required to be furnished under the bye-laws.255. Plans, etc., submitted to be rejected if not drawn etc., in prescribed manner. - The Commissioner shall decline to accept any plan, section, description, structural drawings or structural calculations as sufficient for the purposes of this Act which are not drawn, given, prepared, or signed in the manner prescribed in the bye-laws.
256. Effect of non-compliance with requisition made by Commissioner. - If any requisition made by the Commissioner in accordance with the rules requiring the production of further particulars and details is not complied with, the notice given under section 253 or 254 shall be deemed not to have been given.
Commencement of work257. Supervision of buildings and works. - Every person who intends to erect a new building or execute any such work as is described in section 254, shall erect the building or execute the work in such manner, under such supervision, through such qualified agency, and subject to such conditions and restrictions as may be prescribed by the bye-laws.
258. Power to Commissioner to cancel permission on the ground of material misrepresentation by applicant. - If at any time after permission to proceed with any building or work has been given under the rules, the Commissioner is satisfied that such permission was granted in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under section 253 or 254, or of further information, if any, furnished, he may cancel such permission, and any work done thereunder shall be deemed to have been done without his permission.
259. Inspection of building in course of erection, alteration, etc. - The Commissioner may at any time during the erection of a building or the execution of any such work as is described in section 254 make an inspection thereof, without giving previous notice of his intention so to do.
260. Proceedings to be taken in respect of building or work Commenced contrary to rules or bye-laws. - [(1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of sections 261, 264, 267 and 478. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.]
[(1A)] If the erection of any building or the execution of any such work as is described in section 254 is commenced or carried out contrary to the provisions of the rules or bye-laws, [the Designated Officer] unless he deems it necessary to take proceedings in respect of such building or work under section 264, shall-(a)by written notice, require the person who is erecting such building or executing such work or has erected such building or executed such work on or before such day as shall be specified in such notice, by a statement in writing subscribed by him or by an agent duly authorised by him in that behalf and addressed to [the Designated Officer] to show sufficient cause why such building or work shall not be removed, altered or pulled down, or(b)shall require the said person on such day and at such time and place as shall be specified in such notice to attend personally or by an agent duly authorised by him in that behalf, and show sufficient cause why such building or work shall not be removed, altered or pulled down.261. Building or works commenced contrary to Act may be cut into and laid open for purpose of inspection. - (1) If there shall be reasonable ground for suspecting that in the erection of any such building or in the execution of any such work as is referred to in section 260 anything has been done contrary to any provision of this Act or of any rule or 'bye-law, or that anything required by any such provision, rule or bye-law to be done has been omitted to be done; and if, on inspecting such building or work, it is found that the same has been completed or is too far advanced to permit of any such fact being ascertained; [the Designated Officer] may, with the approval of the Standing Committee, by a written notice, require the person who has erected such building or executed such work or is erecting such building or executing such work to cause so much of the building as prevents any such fact being ascertained to be cut into, laid open or pulled down to a sufficient extent to permit of the same being ascertained.
262. Enforcement of provision concerning buildings and works. - The Commissioner may, at any time during the erection of a building or the execution of any such work as aforesaid or at any time within three months after the completion thereof, by written notice, specify any matter in respect of which the erection of such building or the execution of such work may be in contravention of any provision of this Act or of any rule or bye-law, and require the person erecting or executing or who has erected or executed such building or work, or, if the person who has erected or executed such building or work is not at the time of the notice the owner thereof, then the owner of such building or work to cause anything done contrary to any such provision rule or bye-law to be amended or to do anything which by any such provision, rule or bye-law may be required to be done but which has been omitted to be done.
263. Completion certificates permission to occupy or use. - (1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work as is described in section 254, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye-laws signed and subscribed in the manner so prescribed, and shall give to the Commissioner all necessary facilities for the inspection of such building or of such work and shall apply for permission to occupy the building.
263A. Power to require demolition or alteration of lawfully constructed huts or sheds infringing rules or bye-laws. - (1) If any but or shed erected or constructed before the appointed day is contrary to the provisions of any rules or bye-laws relating to the erection or construction of huts or sheds, and it appears to the Commissioner that it is necessary in the public interest that such but or shed or any part thereof be demolished or altered, the Commissioner may by written notice require the owner thereof to demolish or alter such but or shed or any part thereof, or on or before such date, as may be specified in such notice, by writing subscribed by the owner or an agent duly authorised in that behalf and addressed to the Commissioner, show a sufficient cause why such but or shed should not be demolished or so altered.
264. Removal of structures, etc., which are in ruins or likely to fall. - (1) If it shall at any time appear to [the Designated Officer] that any structure (including under this expression any building, wall, parapet, pavement, floor, steps, railings, door or window frames or shutter or roof or other structure and anything affixed to or projecting from or resting or any building, wall, parapet or other structure) is in a ruinous condition or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such structure or any other structure or place in the neighbourhood thereof, [the Designated Officer] may, by written notice, require the owner or occupier of such structure to pull down, secure, remove or repair such structure or thing or do one or more of such things and to prevent all cause of danger therefrom.
265. Periodic inspection of buildings. - (1) It shall be incumbent on the owner of every building to maintain every part thereof and everything appurtenant thereto in such repair as to present its becoming dangerous.
266. Dangerous openings in buildings. - If it shall at any time appear to the Commissioner that any opening in any part of a building is so situated as to constitute a danger to human life, he may by written notice require that such opening shall be enclosed or protected by bars, grills or such other device to his satisfaction.
Works unlawfully carried on267. Powers of [Designated officer] to direct removal of person directing unlawful work. - (1) If [the Designated Officer] is satisfied that the erection of any building or the execution of any such work as is described in section 254 has been unlawfully commenced or is being unlawfully carried on upon any premises, he may, by written notice, require the person, directing or carrying on such erection or execution to stop the same forthwith.
268. Power of Commissioner to vacate any building in certain circumstances. - (1) Notwithstanding the provisions of any other law to the contrary the Commissioner may, by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice, -
(a)if such building or portion thereof has been unlawfully occupied in contravention of section 263,(b)if a notice has been issued in respect of such building or part tnereof requiring the alteration or reconstruction of any existing staircase, lobby, passage or landing and the works specified in such notice have not been commenced or completed;(c)if the building or part thereof is in a ruinous or dangerous condition within the meaning of section 264.269. Power to regulate future construction of certain classes of buildings in particular streets or localities. - (1) The Commissioner may give public notice of his intention to declare, subject to any valid objection that may be preferred within a period of three months,-
(a)that in any streets or portions of streets specified in such notice the elevation and construction of the frontage of all buildings or any classes of buildings thereafter erected or re-erected shall in respect of their architectural features be such as the Corporation may consider suitable to the locality;(b)that in any localities specified in the notice there shall be allowed the construction of only detached or semi-detached buildings or both and that the land appurtenant to each such building shall be of an area not less than that specified in such notice;(c)that the minimum size of building plots in particular localities shall be of a specified area;(d)that in any localities specified in the notice the construction of more than a specified number of buildings on each acre of land shall not be allowed; or(e)that in any streets, portions of streets or localities specified in such notice the construction of shops, warehouses, factories, huts or buildings designed for particular uses shall not be allowed without the special permission of the Commissioner granted in accordance with general regulations framed by the Standing Committee in this behalf and subject to the terms of such permission only.Chapter XVI
Improvement Schemes
270. Commissioner to make draft improvement scheme. - (1) Subject to provisions of sub-section (4), if it shall appear to the Commissioner -
(A)that within certain limits in any part of the City, -(a)any buildings used, or intended or likely to be used, for human habitation, are unfit for human habitation,(b)the narrowness, closeness and bad arrangement or the bad condition of the streets and buildings, or groups of buildings, within such limits or the want of light, air, ventilation or proper convenience, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings within the area of such limits, or of the neighbouring buildings, and that the evils connected with such buildings and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the rearrangement and reconstruction of the streets and buildings within such area or of some of such streets or buildings, or(c)it is necessary to provide for the construction of buildings for the accommodation of the poorer sections of the community; or(B)that for the purpose of providing new building sites or of remedying the defective ventilation of any part of the City, or of creating new or increasing the existing means of communication and facilities for traffic between various parts of the City, it is expedient to form new or to alter existing streets or to construct or reconstruct any bridges, causeways, sub-ways or other works appurtenant thereto in any part of the City, the Commissioner may,-(i)with the previous approval of the Corporation, which shall not be given unless the Corporation is satisfied of the sufficiency of its resources, draw up a notification stating that the Commissioner proposes to make an improvement scheme, specifying the area to which the resolution relates and the works proposed to be included in such scheme and naming a place where a map of the said area may be seen at all reasonable hours;(ii)during three consecutive weeks publish simultaneously in the Official Gazette and in the local newspapers a copy of the said notification; and(iii)proceed to make a draft improvement scheme and submit the scheme to the Standing Committee for approval.271. Particulars to be provided for in an improvement scheme. - (1) The improvement scheme, which may exclude any part of the area included in the notification referred to in section 270, or include any neighbouring land, if the Commissioner is of opinion that such exclusion or inclusion is necessary for the proper carrying out of the scheme,-
(a)shall, within the limits of the area comprised in the scheme provide for, -(i)the acquisition of any land which will, in the opinion of the Commissioner, be necessary for or, subject to the provisions of sub-section (2), be affected by the execution of the scheme;(ii)relaying out all or any land including the construction and reconstruction of buildings and the formation and alteration of streets;(iii)the laying of such storm-water drains and sewers as may be required for the efficient draining and sewering of streets so formed or altered;(iv)the lighting of streets so formed or altered;(b)may, within this limits aforesaid, provide for, -(i)the construction or reconstruction of bridges, causeways or sub-ways or any other works appurtenant thereto;(ii)raising any land which the Commissioner may deem expedient to raise for the better drainage of the locality;(iii)forming open spaces for the better ventilation of the area comprised in the scheme or any adjoining area;(iv)the whole or any part of the sanitary arrangements required; and(c)may, within and without the limits aforesaid, provide for the construction of buildings for the accommodation of the poorer sections of the community including the whole or part of such sections to be displaced in the execution of the scheme :Provided that no neighbouring land shall be included in an improvement scheme unless previous notice of such inclusion has been given in the manner provided in item (ii) in sub-section (1) of section 270.272. Procedure on completion of scheme. - (1) On the submission by the Commissioner of a draft improvement scheme, the Standing Committee shall take such scheme into its consideration and may approve the same with or without such alteration as it thinks fit.
273. Right of owner to demand acquisition of issue of notification when building operations are in progress. - (1) If any land is included in any statement specifying the land proposed to be acquired made in accordance with any notification drawn up under section 272, and if the owner of such land shall prove to the satisfaction of the Collector that at the date of the said notification building operations were in progress on such land or any part thereof and the buildings were structurally complete up to the first floor level, the Collector shall call upon the Commissioner to acquire such land.
274. Right of owner to demand acquisition or withdrawal by Corporation after lapse of two years from date of modification. - (1) The owner of any land included in any statement of the land proposed to be acquired made in accordance with any notification drawn up under section 272 may at any time before the publication of a declaration under section 278 and after the expiry of one year from the date of such notification by written notice to the Commissioner, setting out the particulars of such land call upon the Commissioner to acquire such land on behalf of the Corporation.
275. Standing Committee after publication and service of notices to forward scheme to Corporation for approval. - (1) Upon compliance with the foregoing provisions with respect to the publication of notices of the scheme, the Commissioner shall submit to the Standing Committee any objection or representation received under section 272 together with any suggestion he may wish to make in respect of the modification of the scheme.
276. Corporation to consider improvement scheme and to approve or disapprove. - The Corporation shall, on receipt of a scheme from the Standing Committee, proceed to take such scheme into consideration together with any objection, representation or suggestion received or made under section 272 or 275 and shall, after having approved the scheme with or without modification or declined to approve the scheme, pass a resolution to that effect.
277. Commissioner to apply to [State] Government for sanction to the scheme. - (1) As soon as the Corporation has approved the scheme, the Commissioner shall apply to the [State] Government on behalf of the Corporation for sanction to the scheme.
278. On receipt of sanction declaration to be published giving particulars of land to be acquired and on publication of such declaration Commissioner to be authorised to execute scheme. - (1) (a) On receipt of the sanction of the [State] Government, the Commissioner shall forward to the [State] Government a declaration for notification stating the fact of such sanction and that the land proposed to be acquired by the Corporation for the purposes of the schemes is required for a public purpose;
(b)The declaration shall be published in the Official Gazette in the same manner as an order of the [State] Government and shall state the limits within which the land proposed to be acquired is situate, the purpose for which it is needed, its approximate area and the place where a plan of the land may be inspected.(c)The said declaration shall be conclusive evidence that the land is needed for a public purpose and the Commissioner shall, upon the publication of the said declaration, proceed to execute the same.279. If Corporation fails to acquire the land, owner may call upon Corporation to acquire it or to withdraw from proposal. - If, within three years from the declaration aforesaid, the Corporation fail to acquire any land included in such declaration or any part of such land, the owner of such land may, by written notice setting out the particulars of such land, call upon the Corporation to acquire such land or to withdraw from the proposal to acquire it and thereafter the procedure prescribed in sub-section (2) to (5) of section 274 shall be followed.
280. Method of calculation of betterment charge. - Where an improvement scheme has provided for the levy of a betterment charge pursuant to sub-section (2) of section 271, such betterment charge shall be an amount equal to one-half of the increase in value of the land including the buildings, if any, thereon and shall be calculated upon the amount by which the value of the said land on completion of the execution of the scheme exceeds the value of the said land at the time of the publication of the notification made under section 272.
281. Procedure for determining charge. - (1) When it appears to the Commissioner that an improvement scheme is sufficiently advanced to enable the amount of the betterment charge to be determined, the Commissioner shall make a report to the Standing Committee to that effect, and the Standing Committee, after considering the report may by resolution declare the date on which, for the purpose of determining the amount of the betterment charge, the execution of the scheme shall be deemed to have been completed.
282. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement. - The Land Acquisition Act, 1894, hereinafter referred to as "the Land Acquisition Act, shall, to the extent set forth in Appendix I, regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement and shall for that purpose be deemed to form part of this Chapter in the same manner as if enacted in the body hereof subject to the provisions of this Chapter and the provisions following, namely-
283. Special provisions as to compensation. - In determining the amount of compensation to be awarded for any land or building acquired for the purposes of this Act, the following further provisions shall apply,-
284. Collector to take possession after making an award and transfer land to Corporation. - When the Collector has made an award under section 11 of the Land Acquisition Act, as applied by this Act, he may take possession of the land which shall thereupon vest absolutely in the [Government] free from all encumbrances, and the Collector shall, upon payment of the cost of the acquisition, make over charge of the land to the Commissioner and the land shall thereupon vest in the Corporation subject to the liability of the Commissioner to pay on behalf of the Corporation any further costs which may be incurred on account of the acquisition of the land.
Chapter XVII
Municipal Fire Brigade
285. Maintenance of firemen and of necessary fire engines, etc. - (1) With a view to the discharge by the Corporation of the duty of extinguishing fire and protecting life and property in case of fire, the Commissioner shall provide in the statement of municipal officers and servants from time to time prepared by him under section 51, for a force of firemen, with a proper number of officers over them to be called "the municipal fire-brigade", and shall furnish the said brigade with all such fire-engines, fire-escapes, vehicles, accoutrements, tools, implements and means of intercommunication as may be necessary for the efficient discharge of their duties.
286. Powers of Chief Officer of Fire-Brigade at a fire. - On the occasion of a fire the Chief or other officer in charge of the fire-brigade may, subject to such orders as the Commissioner may from time to time issue in this behalf, take the command of all municipal officers and servants present and of any other persons who voluntarily place their services at his disposal; and may on such occasions exercise all or any of the powers specified in the rules.
287. Police and municipal officers and servants to aid the fire-brigade. - (1) It shall be the duty of all police officers and of all municipal officers and servants to aid the fire-brigade in the execution of their duties.
288. Damage done by fire-brigade to be deemed damage by fire. - (1) Any damage occasioned by the fire-brigade in the due execution of their duties, or by any police or municipal officer or servant who aids the fire-brigade, shall be deemed to be damage by fire.
289. Report of fire to be submitted. - A report of every fire which occurs in the city shall be submitted by the Chief or other officer in charge of the fire-brigade not later than the day following the fire to the Commissioner, who shall make such further inquiry, if any, as he may deem necessary and shall furnish a weekly return of all fires which occur in the City to the Standing Committee.
Chapter XVIII
Sanitary Provisions
Scavenging and Cleansing290. Commissioner to provide for cleansing of streets and removal of refuse - For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall take measures for securing -
291. Refuse, etc., to be the property of the Corporation. - All matters deposited in public receptacles, depots and places provided or appointed under section 292 and all matters collected by municipal servants or contractors in pursuance of sections 290 and 293 shall be the property of the Corporation.
292. Provision and appointment of receptacles, depots and places for refuse, etc. - The Commissioner snail provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit or final disposal of -
293. Provision may be made by Commissioner for collection etc., of excrementitious and polluted matter. - When the Commissioner has given public notice, under clause (a) of subsection (1) of section 131, of his intention to provide, in a certain portion of the City, for the collection, removal and disposal, by municipal agency, of all excrementitious and polluted matter from privies, urinals and cesspools, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated in the said portion of the City.
294. Special sanitary arrangements at certain places. - (1) The Commissioner shall make such special arrangements, whether permanent or temporary, as he considers adequate for maintaining sanitation in the vicinity of any temple, math, mosque, tomb or any place of religious worship or instruction to which large number of persons resort on particular occasions or in any place which is used for holding fairs or festivals.
295. Scavengers' duties in certain cases may not be discharged by private individuals without Commissioner's permission. - In any portion of the City in which the Commissioner has given a public notice under clause (a) of sub-section (1) of section 131 and in any premises, wherever situate, in which there is a water-closet or privy connected with a municipal drain, it shall not be lawful, except with the written permission of the Commissioner, for any person who is not employed by or on behalf of the Commissioner to discharge any of the duties of scavengers.
Inspection and Sanitary Regulation of Premises296. Power to inspect premises for sanitary purposes. - The Commissioner may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof.
297. Cleansing and lime-washing of any building may be required. - If it shall appear to the Commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building so inspected to cause the same or some portion thereof to be lime-washed or otherwise cleansed, either externally or internally, or both externally and internally.
298. Buildings or rooms in buildings unfit for human habitation. - (1) If for any reasons, it shall appear to the Commissioner that any building, or any room in a building intended for or used as a dwelling is unfit for human habitation, he shall give to the owner or occupier of such building notice in writing stating such reason and signifying his intention to prohibit the further use of the building or room, as the case may be, as a dwelling and shall by such notice call upon the owner or occupier aforesaid to state in writing any objection thereto within thirty days after the receipt of such notice, and if no objection is raised by such owner or occupier within such period as aforesaid, or if any objection which is raised by such owner or occupier within such period appears to the Commissioner invalid or insufficient, he may, with the previous approval of the Standing Committee, by an order in writing, prohibit the further use of such building or room as a dwelling:
Provided that, before such approval is given, the owner or occupier aforesaid shall have the right of appearing before the Standing Committee in person or by agent and of showing cause why such approval should not be given.299. Power to require repair of insanitary buildings. - (1) If it shall appear to the Commissioner that any building intended for or used as a dwelling is in any respect unfit for human habitation and does not conform with the regulations, the Commissioner may, by written notice, require the owner of the building, within such reasonable time, not being less than twenty-one days, as may be specified in the notice, to execute such works or carry out such alterations as would render the building fit for human habitation.
300. Power to order demolition of insanitary buildings. - (1) If it shall appear to the Commissioner that any building intended for or used as a dwelling is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the occupier of the building and the owner thereof, arid, so far as it is reasonably practicable to ascertain such persons, upon any person having interest in such building notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the condition of the building and any offer with respect to the carrying out of works, or the future use of the building, which he may wish to submit, will be considered by the Standing Committee, and every person upon whom such a notice is served shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.
301. Procedure where demolition order made. - (1) When a demolition order under section 300 has become operative, the owner of the building to which it applies shall demolish the building within the time limited in that behalf by the order; and, if the building is not demolished within that time, the Commissioner shall take measures to demolish the building and sell the materials hereof.
302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations made subsequently. - Where in pursuance of a notice under sub-section (1) of section 299 any building has been rendered fit for human habitation by the execution of works and alterations to the satisfaction of the Commissioner, such building during a period of ten years from the date of completion of such works and alterations shall not be deemed to be unfit for human habitation by reason only of not conforming with any regulation made subsequently to such date affecting the structure of such building.
303. Power to order demolition of obstructive buildings. - (1) The Commissioner may serve upon the owner of a building which appears to him to be an obstructive building, notice of the time (being some time not less than twenty-one days after the service of the notice) and place at which the question of ordering the building or any part thereof to be demolished will be considered by the Standing Committee, and the owner shall be entitled to be heard either in person or by agent when the matter is so taken into consideration.
304. Effect of order for demolition of obstructive building. - (1) If, before the expiration of the period within which a building or part thereof in respect of which an order is made under section 303 is thereby required to be vacated, any owner or any person known to have an interest in such buildings or the site of the building makes to the Commissioner an offer for the sale of the building site or any interest therein to the Corporation at a price equal to the compensation to be assessed as provided in sub-section (6), the Commissioner shall, upon obtaining the requisite sanction under section 77 accept the offer and shall, as soon as possible after obtaining possession, carry out the demolition.
305. Compensation for acquiring obstructive building recoverable in certain cases as improvement expenses. - (1) When a demolition order in respect of an obstructive building or any part thereof has been made under section 303, the Commissioner may specify and declare to the Standing Committee the other buildings for the benefit of which the obstructive building or part thereof is intended to be demolished and shall serve a notice to that effect upon the owner of each of such other buildings.
306. Appeal against demolition orders. - Any person aggrieved by a demolition order made under section 300 or section 303 may, within twenty-one days after the date of the service of a copy of the order; appeal to the Judge, and no proceedings shall be taken by the Commissioner to enforce any order in relation to which an appeal is brought before the appeal is finally determined:
Provided that no appeal shall lie at the instance of a person who is in occupation of the premises to which the order relates under a lease or agreement of which the unexpired term does not exceed three years.307. Over-crowded dwellings. - (1) Where it appears to the Commissioner, whether from any certificate furnished under the rules or otherwise, that any building or any room therein used for human habitation is overcrowded, he may apply to [the District Magistrate] to prevent such overcrowding, and the said Magistrate, after such inquiry as he thinks fit to make, may prescribe the maximum number of persons to be accommodated in each room and may, by written order, require the owner of the building, within a reasonable time not exceeding ten days to be prescribed in the said order, to abate the overcrowding thereof, by reducing the number of lodgers, tenants or other inmates of the said building or room or rooms, in accordance with the maximum so prescribed and to the satisfaction of the Commissioner or may pass such other order as he may deem just and proper.
Explanation. - The landlord of the lodgers, tenants or other actual inmates of a building shall, for the purposes of this sub-section, be deemed to be the owner of the said building.308. Insanitary huts and sheds. - If the Commissioner is of opinion that any but or shed used either as a dwelling or as a stable or for any other purpose, is likely, by reason of its being built without a plinth or upon a plinth of insufficient height or without proper means of drainage or ventilation, or on account of the impracticability of scavenging or owing to the manner in which it and other huts or sheds are crowded together to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety, he may, by written notice, which shall be affixed to some conspicuous part of such but or shed, require the owner or occupier thereof, or the owner of the land on which such but or shed stands, to remove or alter such but or shed or to take such order for the improvement thereof as the Commissioner shall deem necessary.
Disposal of carcasses of animals309. Removal of carcasses of dead animals. - (1) It shall be the duty of the Commissioner to provide for the removal of the carcasses of all animals dying within the City.
310. Places for public bathing, etc., to be fixed by Commissioner, and regulation of use of such places. - (1) The Commissioner may from time to time-
(a)set apart portions of a river or other suitable places vesting in the Corporation for use by the public for bathing or for washing animals, or for washing or for drying clothes;(b)specify the times at which and the sex of persons by whom, such places may be used;(c)prohibit, by public notice, the use by the public for any of the said purposes of any place not so set apart;(d)prohibit by public notice the use by the public of any portion of a river or place not vesting in the Corporation for any of the said purposes;(e)regulate by public notice the use by the public of any portion of a river Or other place vesting in the Corporation and set apart by him for any of the said purposes; and(f)regulate by public notice the use by the public of any portion of a river or other place not vesting in the Corporation for any of the said purposes, and of any work and of the water in any work, assigned and set apart under this Act for any particular purpose.311. Prohibition of bathing, etc., contrary to order. - Except as permitted by any order made under any provision of this Act, no person shall-
312. Prohibition of corruption of water by stepping therein animal or other matter, etc. - No person shall -
313. Factory, etc. not to be newly established without permission of Commissioner. - No person shall -
314. Prohibition of corruption of water by chemicals, etc. - No person engaged in any trade or manufacture specified in section 376 or the rules, shall, -
315. Power of Commissioner Medical Officer of Health, etc., in case of dangerous diseases. - In the event of any person being found to have been attacked with a dangerous disease or any person being found suffering with such disease in any place or vehicle, it shall be lawful for the Commissioner or the Medical Officer of Health or any other municipal officer to take such measures as are prescribed by rules.
316. Any place may at any time be inspected for purpose of preventing spread of dangerous disease. - The Commissioner may at any time, by day or by night, without notice, or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.
317. Destruction of huts and sheds when necessary. - If the Commissioner is of opinion that the destruction of any but or shed is necessary to prevent the spread of any dangerous disease, he may, after giving to the owner or occupier of such but or shed, such previous notice of his intention as may in the circumstances of the case appear to him reasonable, take measures for having such but or shed and all the materials thereof destroyed.
318. Closure of lodging and eating houses. - The Commissioner may on being satisfied that it is in the public interest so to do, by written order direct that any lodging house or any place where articles of food and drink are sold or prepared, stored or exposed for sale, being a lodging house or place in which a case of a dangerous disease exists or has recently occurred, shall be closed for such period as may be specified in the order:
Provided that such lodging house or place may be declared to be open if the Medical Officer of Health certifies that it has been disinfected or is free from infection.Special Sanitary Measures319. Commissioner may take special measures on outbreak of any dangerous disease. - (1) In the event of the City being at any time visited or threatened with an outbreak of any dangerous disease, or in the event of any infectious disease breaking out or being likely to be introduced into the City amongst cattle including under this expression sheep and goats, the Commissioner, if he thinks the ordinary provisions of this Act and the rules or of any other law at the time in force are insufficient for the purpose, may, with the sanction of the [State] Government, -
(a)take such special measures, and(b)by public notice prescribe such temporary orders to be observed by the public or by any person or class of persons, as are specified in the rules and as he shall deem necessary to prevent the outbreak of such disease or the spread thereof.320. Places for disposal of the dead to be registered. - (1) Every owner or person having the control of any place already used for burying, burning or otherwise disposing of the dead, shall apply to the Commissioner within a period of six months from the appointed day to register the same and the Commissioner shall cause the same to be registered.
321. Provision of new places for disposal of the dead. - (1) If the existing places for the disposal of the dead shall at any time appear to be insufficient, or if any place is closed under the provisions of section 323, the Commissioner shall, with the sanction of the Corporation, provide other fit and convenient places for the said purpose, either within or without the City, and shall cause the same to be registered in the register kept under section 320, and shall deposit in the municipal office, at the time of registration of each place so provided, a plan thereof showing the locality, extent and boundaries of the same and bearing the signature of the City Engineer.
322. New places for disposal of the dead not to be opened without permission of Commissioner. - No place which has never previously been lawfully used as a place for the disposal of the dead and registered as such shall be opened by any person for the said purpose without the written permission of the Commissioner who, with the approval of the Corporation, may grant or withhold such permission.
323. [State] Government may direct closing of any place for disposal of dead. - (1) If, from information furnished by competent persons and after personal inspection, the Commissioner shall at any time be of opinion,-
(a)that any place of public worship is or is likely to become injurious to health by reason of the state of the vaults or graves within the walls of or underneath the same, or in any church-yard or burial ground adjacent thereto, or(b)that any other place used for the disposal of the dead is in such a state as to be or to be likely to become injurious to health or is otherwise no longer suitable for such use, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same, with its opinion, for the consideration of the [State] Government.324. [State] Government may sanction re-opening of places which have been closed for disposal of dead. - (1) If, after personal inspection, the Commissioner shall at any time be of opinion that any place formerly used for the disposal of the dead, which has been closed under the provisions of section 323 or under any other law or authority, has by lapse of time become no longer injurious to health, and may without inconvenience or risk or danger be again used for the said purpose, he may submit his said opinion, with the reasons therefor, to the Corporation, which shall forward the same with its opinion for the consideration of the [State] Government.
325. Burials within places of worship and exhumations not to, be made without permission of Commissioner. - (1) No person shall, without the written permission of the Commissioner under sub-section (2), -
(a)make any vault or grave or interment within any wall, or underneath any passage, porch, portico, plinth or verandah of any place of worship;(b)make any interment or otherwise dispose of any corpse in any place which is closed for the disposal of the dead under section 323;(c)build, dig or cause to be built or dug any grave or vault, or in any way dispose of, or suffer or permit to be disposed of, any corpse at any place which is not registered in the register kept under section 320;(d)exhume any body, except under the provisions of section 176 of the [Code of Criminal Procedure 1898], or of any other law for the time being in force, from any place for the disposal of the dead.326. Acts prohibited in Connection with disposal of dead. - No person shall -
Chapter XIX
Markets And Slaughter Houses
Maintenance and Regulation of Markets and Slaughter-houses327. What to be deemed municipal markets and slaughter-houses. - All markets and slaughter-houses which belong to or are maintained by the Corporation shall be called "municipal markets" or "municipal slaughter-houses". All other markets and slaughter-houses shall be deemed to be private.
328. Provisions of new municipal markets and slaughter-houses. - (1) The Commissioner, when authorised by the Corporation in this behalf, may construct, purchase, take on lease or otherwise acquire any building or land for the purpose of establishing a municipal market or a municipal slaughter-house or stock-yard or of extending or improving any existing municipal market or slaughterhouse, and may from time to time build and maintain such municipal markets, slaughter-houses and stock-yards and such stalls, shops, sheds, pens and other buildings or conveniences for the use of the persons carrying on trade or business in, or frequenting, such municipal markets, slaughter-houses or stock-yards, and provide and maintain in such municipal markets such buildings, places, machines, weights, scales and measures for weighing and measuring goods sold therein as he shall think fit.
329. Municipal markets, slaughter-houses and stock-yards may be closed. - The Commissioner may, with the sanction of the Corporation, at any time, close any municipal market or slaughter-house or stock-yard or any portion thereof and the premises occupied for any market or slaughter-house or stock-yard or any portion thereof so closed may be disposed of as the property of the Corporation.
330. Prohibition of sale of commodities sold in municipal markets. - It shall be lawful for the Commissioner, with the previous sanction of the Corporation, by public notice from time to time to prohibit within a distance of fifty yards of any municipal market the sale or exposure for sale of the commodities or of any of the commodities specified in the notice ordinarily sold in the said municipal market.
331. Opening of private markets and of private slaughter-houses. - (1) The Corporation shall, from time to time, determine whether the establishment of new private markets or the establishment or maintenance of private slaughter-houses shall be permitted in the City or in any specified portion of the City.
332. Levy of stallages, rents and fees in municipal markets, slaughter-houses and stock-yards. - The Commissioner may -
333. Removal of live-cattle, sheep, goats or swine from any municipal slaughterhouse, stock-yard, market or premises. - (1) No person shall, without the written permission of the Commissioner and without the payment of such fees as may be prescribed by him, remove any live-cattle, sheep, goats or swine from any municipal slaughter-house or stock-yard or from any municipal market or premises used or intended to be used for or in connection with such slaughter-house or stock-yard :
Provided that such permission shall not be required for the removal of any animal which has not been sold within such slaughter-house, stock-yard, market or premises and which has not been within such slaughter-house, stock-yard, market or premises for a period longer than that prescribed under orders made by the Commissioner in this behalf, or which has in accordance, with any bye-law, been rejected as unfit for slaughter at such slaughter-house, market or premises.334. Power to expel persons contravening rules, bye-laws or standing orders. - (1) The Commissioner may expel from any municipal market, slaughter-house or stock-yard any person, who or whose servant has been convicted of Contravening any rule, bye-law or standing order in force in such market, slaughter-house or stock-yard and may prevent such person, by himself or his servants, from further carrying on any trade or business in such market, slaughter-house or stock-yard or occupying any stall, shop, standing, shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing, shed, pen or place.
335. Prohibition of import of cattle, etc., into City without permission. - (1) No person shall without the written permission of the Commissioner bring into the City any cattle, sheep, goats or swine intended for human consumption, or the flesh of any such animal which has been slaughtered at any slaughter-house or place not maintained or licensed under this Act.
336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the provisions of this Act is suspected. - (1) If the Commissioner shall have reason to believe that any animal intended for human consumption has been or is being or is likely to be slaughtered, or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under the provisions of this Act, the Commissioner may at any time, by day or by night, without notice, enter such place for the purpose of satisfying himself as to whether any provision of this Act or of any bye-law is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein.
337. Commissioner to provide for inspection of articles exposed for sale for human food. - It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, dairy produce and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.
338. Unwholesome articles, etc., to be seized. - (1) The Commissioner may at all reasonable times inspect and examine any such animal or article as aforesaid and any utensil or vessel used for preparing, manufacturing or containing the same.
339. Disposal of perishable articles seized under section 338. - If any meat, fish, vegetable or other article of a perishable nature be seized under section 338 and the same is, in the opinion of the Commissioner, diseased, unsound, unwholesome or unfit for human consumption, as the case may be, the Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human consumption and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.
340. Saving of Bombay Animal Preservation Act, 1948. - Nothing in this Chapter shall be deemed to affect in any manner the operation of the provisions of the Bombay Animal Preservation Act, 1948.
Chapter XX
The Transport Undertaking
The operation of the Undertaking and the Construction and Maintenance of Works341. Provisions of this Chapter when applicable. - The provisions of this Chapter shall apply in the event of Corporation acquiring or establishing a Transport Undertaking.
342. Management of Undertaking by Transport Manager. - (1) Subject to the superintendence of the Transport Committee and of the Corporation, the Transport Manager shall manage the Transport Undertaking and perform all acts necessary for the economical and efficient maintenance, operation, administration and development of the Undertaking.
343. Levy of fares and charges for transport services. - (1) Fares and charges shall be leviable for the conveyance of passengers or for the carriage of goods by any means of transport provided by the Transport Undertaking at such rates as may from time to time be fixed, subject to the provisions of any enactment for the time being in force and any licence granted to the Corporation thereunder, by the Transport Committee with the approval of the Corporation.
[(2) A printed listed in Marathi or English of all the fares and charges levied for the time being under this section shall be exhibited in a conspicuous place inside each vehicle used by the Transport Undertaking for the conveyance of the public.344. Acquisition of immovable property. - (1) Whenever it is necessary or expedient for the purposes of the Transport Undertaking that the Transport Manager shall acquire any immovable property, such property may be acquired by the Transport Manager on behalf of the Corporation by agreement on such terms and at such rates or prices or at rates or prices not exceeding such maximum as shall be approved by the Transport Committee either generally for any class of cases or specially in any particular case.
345. Provisions governing disposal of municipal property. - With respect to the disposal of property vesting in the Corporation exclusively for the purposes of the Transport Undertaking the following provisions shall have effect, namely :-
346. Statement of permanent officers and servants to be prepared by Transport Manager and sanctioned by Transport Committee. - (1) The Transport Manager shall, from time to time, prepare and bring before the Transport Committee a statement setting forth the designations and grades of the officers and servants who should, in his opinion, be permanently maintained for the purpose of the Transport Undertaking, and the amount and nature of the salaries, fees and allowances which he proposes should be paid to each.
347. Restriction on appointment of permanent officers and servants. - No permanent officer or servant shall be entertained in any department of the Transport Undertaking unless his office and emoluments are included in the statement at the time being in force prepared and sanctioned under section 346.
348. Creation of temporary posts. - (1) The Transport Manager may create temporary posts carrying a monthly salary, exclusive of allowances, not exceeding two hundred rupees for a period of not more than six months and no such posts shall be continued beyond such period without the previous sanction of the Transport Committee.
349. Power of appointment in whom to vest. - Subject to the provisions of section 347 and 348, the power of appointing municipal officers and servants for the purposes of the Transport Undertaking shall vest in the Transport Manager if the minimum monthly salary, exclusive of allowances, is less than two hundred rupees and in the Transport Committee in all other cases.
350. Leave of absence. - (1) Subject to the provisions of the regulations, the Transport Manager may grant leave of absence to any officer or servant the power to appoint whom vests in him and for a period not exceeding three months to any other officer or servant appointed under the provisions of this Chapter.
351. Constitution of Transport Fund. - Except as provided in section 91 all moneys received by or on behalf of the Corporation in respect of. the operations of the Transport Undertaking shall be credited to a fund which shall be called "the City of .......... Transport Fund", and which shall, subject to the provisions herein contained, be held by the Corporation in trust for the purposes of the said undertaking.
352. Transport Manager to receive payments on account of Transport Fund and to lodge them in bank. - All moneys payable to the credit of the Transport Fund shall be received by the Transport Manager and shall be forthwith paid into the Imperial Bank of India, [or any other scheduled bank] [or an approved co-operative bank ] to the credit of an account which shall be styled "the account of the City of Transport Fund":
Provided that the Transport Manager may, subject to any general or special directions issued by the Transport Committee, retain such balances in cash as may be necessary for the operations of the Transport Undertaking.[Provided further that the amount of money to be paid into an approved cooperative bank shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]353. How Transport Fund shall be drawn against. - (1) No payment shall be made by the bank aforesaid out of the Transport Fund except on a cheque signed by two persons in the manner specified below, namely :-
(a)by the Commissioner or by the Transport Manager or in the absence of both, by a municipal officer whose name appears in a list of officers authorised to sign cheques approved by the Transport Committee;(b)by a municipal officer whose name appears in the said list, other than an officer who may have signed the cheque under clause (a).354. Deposit of portion of Transport Fund may be made with bank or agency out of City when convenient. - Notwithstanding anything contained in sections 352 and 353, the Transport Manager may, with the previous approval of the Transport Committee, from time to time, remit to and deposit with a bank or other agency at any place beyond the City any portion of the Transport Fund, and any moneys payable to the credit of the Transport Fund or chargeable there-against, which can, in the opinion of the Transport Manager, be most conveniently paid into or out of the account of the Fund at any such bank or agency may be so paid.
355. Only sums covered by budget grant to be expended from Transport Fund. - (1) Except as hereinafter provided, no payment of any sum shall be made by the Transport Manager out of the Transport Fund, unless the expenditure of the same is covered by a current budget-grant, and sufficient balance of such budget grant is still available, notwithstanding any reduction or transfer thereof which may have been made under the rules.
356. Procedure when money not covered by budget grant is expended under clause (c), (d) or (e) of sub-section (2) of section 355. - Whenever any sum is expended by the Transport Manager under clause (c), (d) or (e) of sub-section (2) of section 355, he shall forthwith communicate the circumstances to the Transport Committee who shall take such action under the rules or recommend to the Corporation to take such action as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.
357. Purposes for which Transport Fund is to be applied. - The moneys from time to time credited to the Transport Fund shall be applied in payment of all sums, charges and costs necessary for the purposes of acquiring, maintaining, operating and, improving the Transport Undertaking and of carrying into effect the provisions of this Chapter, or of which the payment shall be duly directed or sanctioned by or under any of the provisions of this Act, inclusive of :-
358. Investment of surplus moneys. - (1) Surplus moneys at the credit of the Transport Fund which cannot immediately or at any early date be applied to the purposes of this Act or of any loan raised for the purposes of the Transport Undertaking may be, from time to time, deposited at interest in the Imperial Bank of India [or any other scheduled bank] [or an approved co-operative bank] [or be invested in public securities]
[Provided that the amount of money to be deposited in an [approved co-operative bank] shall not exceed such amount as may be specified by the State Government generally or specially in respect of any approved co-operative bank.]359. Fixed annual payment to Municipal Fund. - (1) Out of the balance of income over expenditure remaining at credit of the Revenue Account of the Transport Fund at the close of each official year, after defraying or making allowance for all charges, costs and expenses payable out of the revenue of the said Fund and allowing for the retention of the cash balance specified in, or for the time being fixed under section 98 to the credit of the said Fund, there shall be transferred to the credit of the Municipal Fund the amount provided in sub-section (2):
Provided that if the balance at credit of the said Revenue Account, after allowing for the matters aforesaid, is less than the amount provided in sub-section (2), the whole of such balance shall be transferred to the Municipal Fund and any deficit shall be made good to the Municipal Fund out of the Revenue Reserve Fund maintained under section 360 and if the deficit still remains, it shall be made good to the Municipal Fund out of the balance available at the credit of the Revenue Account of the next or any subsequent year after allowing for all the matters aforesaid and for the amount provided in sub-section (2) in respect of that year.360. Disposal of surplus balance of revenue. - (1) If after making allowance for the matter mentioned in section 359, there remains any further surplus balance of income, over expenditure at credit of the Revenue Account of the Transport Fund, such surplus shall be disposed of as follows:-
(a)30 per cent of the surplus shall be credited, under a separate heading in the accounts maintained under section 361 to a special fund to be called the "Revenue Reserve Fund" unless the balance in the said Revenue Reserve Fund, with such credit, would exceed such sum as the Corporation shall, with the sanction of the [State] Government fix, in which case only such sum, if any, as is required to bring the balance to the sum so fixed shall be so credited and the remainder of the surplus, upto 30 per cent thereof shall be added in equal shares to the amounts credited or transferred under clauses (b), (c) and (d);(b)30 per cent of the surplus and such additional amount as may be available under clause (a) shall be credited under a separate heading, in the accounts maintained under section 361 to a special fund called "the Transport Betterment Fund";(c)25 per cent of the surplus and such additional amount as may be available under clause (a) hall be transferred to the Municipal Fund for credit to the Welfare Fund constituted under the rules; and(d)15 per cent of the surplus and such additional amount as may be available under clause (a) shall be transferred to the Municipal Fund.361. Accounts of the Transport Undertaking. - Accounts of the receipts and expenditure of the Corporation on account of the Transport Undertaking and of the properties vested or vesting in the Corporation for the purposes of the said Undertaking shall be kept in such manner and in such forms as the Transport Committee shall from time to time prescribe.
362. Preparation of annual administration report and statement of accounts. - (1) The Transport Manager shall, as soon as may be after each first day of April, have prepared a detailed report of the administration of the Transport Undertaking during the previous official year together with a statement showing the amount of the receipts and disbursements respectively credited and debited to the Transport Fund during the said year and the balance at the credit of the Fund at the close of the said year as also an account of the balances due on loans and shall submit the same to the Transport Committee.
Chapter XXI
Vital Statistics
Registration of Births and Deaths363. Appointment of Registrars. - (1) The Medical Officer of Health shall be the Registrar General of the City for the purpose of registering births and deaths.
364. Register books to be maintained. - (1) Such particulars as the Commissioner may from time to time specify regarding births and deaths shall be entered in separate register books of births and register books of deaths which shall be maintained by the Registrar General or, if the City has been divided into divisions, by the Registrar of each division.
365. Registrars to inform themselves of all births and deaths. - (1) It shall be the duty of the Registrar General or, if the City is divided into divisions under section 363, of the Registrar of each division to inform himself carefully of every birth and death which shall happen in the City or in his division, as the case may be, and of the particulars concerning the same required to be registered under section 364, and shall, as soon after each such birth or death as conveniently may be, register the same in the book maintained for the purpose without making any charge or demanding or receiving any fee or reward for so doing other than his remuneration as a municipal officer.
366. Information of births to be given within seven days. - It shall be the duty of the father and mother of every child born in the City and, in default of the father and mother, of the occupier of the premises in which to his knowledge the child is born, and of each person present at the birth and of the person having charge of the child, to give, to the best of his knowledge and belief, to the Registrar General or, if the City has been divided into divisions, to-the Registrar of the division or to a municipal officer appointed under section 365 within seven days after such birth information of the particulars required to be registered concerning such birth:
Provided that -367. Information respecting finding of new-born child to be given. - In case any new-born child is found exposed, it shall be, the duty of any person finding such child and of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the Registrar General or Registrar or other municipal officer aforesaid, within seven days after the finding of such child, such information or the particulars required to be registered concerning the birth of such child as the informant possesses.
368. Information of death to be given. - (1) It shall be the duty of the nearest relative of any person dying in the City present at the death, or in attendance during the last illness, or the deceased and, in default of such relative, of each person present at the death, and of the occupier of the premises in which, to his knowledge, the death took place, and, in default of the persons hereinbefore in this section mentioned, of each inmate of such premises to give to the best of his knowledge and belief to the Registrar General or if the City has been divided into divisions under section 363, to the Registrar of the division in which the death took place or to an officer appointed under section 365 information of the particulars required to be registered concerning such death within twenty-four hours of its occurrence:
Provided that, if the cause of death is known to be a dangerous disease the information aforesaid shall be given within twelve hours of its occurrence.369. Medical practitioner who attended a deceased person to certify cause of his death. - In the case of a person who has been attended in his last illness by a duly qualified medical practitioner, that practitioner shall within three days of his becoming cognizant of the death of such person sign and forward to the Registrar General a certificate of the cause of such persons' death, in such form as shall from time to time be prescribed by the Commissioner in this behalf, and the cause of death as stated in such certificate shall be entered in the register; together with the name of the certifying medical practitioner.
370. Correction of errors in registers of births or deaths. - (1) Any clerical error which may at any time be discovered in a register of births or in a register of deaths may be corrected by any person authorised in that behalf by the Commissioner.
371. Registration of name of child or of alteration of name. - (1) When the birth of any child has been registered and the name, if any, by which it was registered, is altered or, if it was registered without a name, when a name is given to it, the parent or guardian of such child or other person procuring such name to be altered or given may, within twelve months next after the registration of the birth, deliver to the Registrar General or, if the City is divided into divisions under section 363, to the Registrar of the division in which the birth was registered, such certificate as hereinafter mentioned, and the Registrar General or Registrar upon the receipt of that certificate shall, without any erasure of the original entry, forthwith enter in the register book the name mentioned in the certificate as having been given to the child.
Chapter XXII
Licences And Permits
I. Licensing of Surveyors, Architects or Engineers, Structural Designers, Clerks of Works and Plumbers372. Grant of licenses to Architects or Engineers, Structural Designers, Plumbers and Clerks of Works. - (1) The Commissioner may grant to any person he thinks fit a renewable licence for a period of one year to act as (i) Surveyor, (ii) an Architect or Engineer, (iii) Structural Designer, (iv) Clerk of Works, or (v) a plumber for the purposes of this Act.
373. Orders may be prescribed for guidance of surveyors, etc. - (1) The Commissioner may with the approval of the Standing Committee from time to time issue orders for the guidance of Licensed Surveyors, Architects or Engineers, Structural Designers, Clerks of works and Plumbers respectively.
374. Fees and charges of licensed plumbers to be prescribed by Standing Committee. - The Standing Committee may from time to time prescribe the fees or charges to be paid to licensed plumbers for any work done by them under or for any purpose of this Act, and no licensed plumber shall demand or receive more than the fee or charge so prescribed for any such work.
375. Licensed plumber to be bound to execute work property. - No licensed plumber shall execute any work under this Act carelessly or negligently or make use of any bad material, appliance or fitting for the purpose of such work.
II. Trade licences and other licences for keeping animals and certain articles376. Certain things not to be kept, and certain trades and operations not to be carried on, without licence. - (1) Except under and in conformity with the terms and conditions of licence granted by the Commissioner, no person shall -
(a)keep in or upon any premises any article specified in the rules-(i)in any quantity or in excess of the quantity specified in the rules as the maximum quantity of such article which may at one-time be kept in or upon the same premises without a license, and,(ii)for any purpose whatever or for sale or for other than domestic use as may be specified in the case of each article in the rules;(b)keep in or upon any buildings intended for or used as a dwelling or within fifteen feet of such building cotton, in pressed bales or boras or loose, in quantity exceeding four hundred-weight;(c)keep, or allow to be kept, in or upon any premises, horses, cattle or other four-footed animals-(i)for sale,(ii)for letting out on hire,(iii)for any purpose for which any charge is made or any remuneration is received, or(iv)for sale of any produce thereof;(d)carry on, or allow to be carried on, in or upon any premises-(i)any of the trades or operations connected with any trade specified in the rules,(ii)any trade or operation which in the opinion of the Commissioner is dangerous to life or health or property, or likely to create a nuisance either from its nature or by reason of the manner in which, or the conditions under which, the same is, or is proposed to be, carried on;(e)carry on within the City, or use any premises for, the trade or operation of a carrier.377. Prohibition of sale in municipal markets without licence of Commissioner. - (1) No person shall, without a licence from the Commissioner, sell or expose for sale any animal or article in any municipal market.
378. Private markets not to be kept open without licence. - (1) No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf -
(a)keep open, or permit to be kept open, a private market;(b)use or permit to be used any place in the City as a slaughter-house or for the slaughtering of any animal intended for human food;(c)use or permit to be used any place without the City, whether as a slaughter-house or otherwise, for the slaughtering of any animal intended for human food to be consumed in the City:Provided that -(i)the Commissioner shall not refuse a licence for keeping open a private market lawfully established at the appointed day if application for such licence is made within two months thereof except on the ground that the place where the market is held fails to comply with any requirement of this Act or of the rules, bye-laws or standing orders;(ii)the Commissioner shall not cancel or suspend or refuse to renew any licence for keeping open a private market for any cause other than the failure of the owner thereof to comply with some provision of this Act, or with some standing order or with some bye-law;(iii)The Commissioner may cancel or suspend any licence for failure of the owner of a private market to give in accordance with the conditions of his licence a written receipt for any stallage, rent, fee, or other payment received by him or his agent from any person for the occupation or use of any stall, shop, standing, shed, pen or other place therein;(iv)nothing in this section shall be deemed to prevent the Commissioner from granting written permission for the slaughter of an animal in any place that he thinks fit, on the occasion of any festival or ceremony or under special circumstances.379. Prohibition of sale in unauthorised private markets. - No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of human food or any live-stock or food for live-stock.
380. Slaughter of animals for skins. - No person shall slaughter any cattle, horses, sheep, goats or pigs for removing the skin thereof or cut up the carcass of any such animal at any place outside a municipal slaughter-house or a licensed slaughter-house otherwise than in conformity with the written permission of the Commissioner.
V. Licences for sale of Articles of Food outside of markets381. Prohibition of sale of animals, etc., except in market. - No person shall, without a licence from the Commissioner, sell or expose for sale-
382. Butchers and persons who sell flesh of animals to be licensed. - No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf-
383. Licence required for dealing in dairy produce. - No person shall without, or otherwise than in conformity with the terms of, a licence granted by the Commissioner in this behalf-
384. Licences for sale in public places. - Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall use any public place or any public street for the purpose of hawking or exposing for sale, any article whatsoever, whether it be for human consumption or not.
385. Licences for use of skill in handicraft or rendering services for purposes of gain in public place or street. - Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain use any public place or public street for the purpose of using his skill in any handicraft or in rendering services to and for the convenience of the public.
IX. General provisions regarding licences and permits.386. General provisions regarding grant, suspension or revocation of licences and written permissions and levy of fees, etc. - (1) Whenever it is provided by or under this Act that a licence or a written permission may be given for any purpose, such licence or written permission shall specify the period for which, and the restrictions and conditions subject to which, the same is granted and the date by which an application for the renewal of the same shall be made and shall be given under the signature of the Commissioner or of a municipal officer empowered under section 69 to grant the same.
Chapter XXIII
Power Of Entry And Inspection
387. Power of entry and inspection. - (1) The Commissioner may enter into or upon any premises, with or without assistants or workmen which he is empowered by or under the provisions of this Act or the rules to enter or inspect or in order to make any inspection, survey, measurement, valuation or inquiry or to execute any work which is authorised by or under this Act or which it is necessary for any of the purposes, or in pursuance of any of the provisions, of this Act or of any rules, bye-laws, regulations or standing orders thereunder to make or execute.
388. Time of making entry. - (1) No such entry shall be made within sunset and sunrise:
Provided that in any case in which it has been expressly provided by or under this Act such entry may be made by day or night.Chapter XXIV
Compensation
389. Doing minimum damage in certain cases. - (1) In the exercise of the powers under the following provisions of this Act by the Commissioner or any other municipal officer or servant or any other person authorised by or under this Act to execute any work, as little damage as can be shall be done and compensation assessed in the manner prescribed by or under this Act shall be paid to any person who sustains damage in consequence of the exercise of such powers, namely :-
(a)carrying any municipal drain through, across or under any street or any place laid out as or intended for a street or across any cellar or vault under any street - under sub-section (1) of section 155;(b)entering upon and constructing any new drain or repairing or altering any municipal drain already constructed - under sub-section (2) of section 155;(c)affixing of pipes of shafts for the purpose of ventilation of any drain or cesspool to any building or tree - under sub-section (1) of section 175;(d)opening of any ground, any portion of a drain, any portion of a building or any work exterior to a building - under section 182;(e)entering upon, and passing through any land in the vicinity of a water work or conveying or causing to be conveyed men, materials and tools through such land - under section 191;(f)acquiring any buildings or land required for a public street - under section 216;(g)removing or altering a structure or fixture - under sub-section (4) of section 226, sub-section (3) of section 227 and section 232;(h)the rounding or spraying of a building at the corner of two or more streets - under section 243;(i)cutting into, laying open or pulling down any building or work - under section 261;[(i-i)the demolition or alteration of a but or shed - under section 263A;](j)the demolition of an obstructive building - under section 304;(k)the destruction of an insanitary but or shed - under section 317;(l)the destruction of any property in exercise of the powers vested in the Commissioner for preventing a (l) dangerous or infectious disease - under section 319;(m)the exercise of powers or execution of any work in regard to which no express provision occurs in the Act, rules or bye-laws for the payment of compensation.390. Commissioner to determine compensation. - Subject to the provisions of this Act, the Commissioner or such other officer as may be authorised by him in this behalf shall, after holding such inquiry as he thinks fit, determine the amount of compensation to be paid under section 389.
391. Appeal. - Any person aggrieved by the decision of the Commissioner or other officer under section 390 may, within a period of one month, appeal to the judge in accordance with the provisions of Chapter XXVI.
Chapter XXV
Penalties
392. Certain offences punishable with fine. - (1) Whoever -
(a)contravenes any provision of any of the sections, sub-sections or clauses mentioned in the first column of Part 1 of the Table in Appendix II or of any regulation or order made thereunder, or(b)fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses,shall be punished, for each such offence, with fine which may extend to the amount mentioned in that behalf in the second column of the said Part.393. Offences punishable under the Penal Code. - (1) Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act mentioned in the first column of the following table or of any regulation or order made thereunder, and whoever fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the section of the Indian Penal Code respectively specified in the second column of the said table as the section of the said Code under which such person shall be punishable, namely :-
| Sections of this Act | //Sections of the Indian Penal Code under whichoffenders are punishable// |
| 1 | 2 |
| 194(2), 311 clauses (a), (b), (c) and (d), 312 …. | 277 |
| 319 .. .. …... . .. | 188 |
| 477 .. .. ….. …. | 177 |
394. Punishment for offences of preparing false election rolls. - Any officer or servant of the Corporation who knowingly prepares [or deletes or adds to or amends an entry in the list of voters] at ward elections which is incorrect or false shall, on conviction, be punished with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
395. Punishment for acquiring share or interest in contract etc., with Corporation. - Any councillor or any member of the Transport Committee who is not a councillor who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under section 10, it is permissible for a councillor to have without being thereby disqualified for being a councillor, and any Commissioner, Transport Manager, Municipal Officer or servant who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the Corporation, not being a share or interest such as, under sub-clause (ii) or (iv) of sub-section (2) of section 10, it is permissible for a councillor to have without being thereby disqualified for being a councillor, shall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code.
396. Punishment for breach of section 61 or 62. - Whoever acts or abets the commission of an act which is in contravention of the provisions of section 61 or 62 shall, on conviction, be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.
397. Punishment for offences against section 194. - (1) Whoever contravenes any provision of sub-section (1) of section 194 shall, on conviction, be punished with imprisonment which may extend to one month or with fine which may extend to one hundred rupees or with both.
399. General penalty. - Whoever contravenes any provision of this Act or rule, bye-law, regulation, standing order, licence, permission or notice issued thereunder or fails to comply with any requisition lawfully made under any such provision shall, if no penalty is provided in any other provision of this Act for such contravention or failure, be punished, for each such offence, with fine which may extend to one hundred rupees and with further fine which may extend to twenty rupees for every day on which such contravention or failure continues after the first conviction.
400. Extent of penal responsibility of agents and trustees of owners. - No person who receives the rent of any premises in any capacity described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section 2 shall be liable to any penalty under this Act for omitting to do any act as the owner of such premises, if he shall prove that his default was caused by his not having funds of, or due to, the owner sufficient to defray the cost of doing the act required.
401. Offence by companies, etc. - Where a person committing an offence under this Act, or any rule, bye-law, regulation or standing order is a company, or body corporate, or an association of persons (whether incorporated or not), or a firm, every director, manager, secretary, agent or other officer or person concerned with the management thereof, and every partner of the firm shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.
402. Compensation payable by offenders against this Act for damage caused by them. - (1) If, on account of any act or omission, any person has been convicted of an offence against this Act or against any rule, regulation or bye-law, and by reason of such act or omission of the said person, damage has occurred to any property of the Corporation, compensation shall be paid by the said person for the said damage notwithstanding any punishment to which he may have been sentenced for the said offence.
Chapter XXVI
Proceedings Before Judge, District Judge And MagistratesI. Election Enquiries403. Procedure in election inquiries. - (1) If an application is made under section 16 for a declaration that any particular candidate shall be deemed to have been elected, the applicant shall make parties to his application all the candidates who were duly nominated for the seat or seats in the ward in question, whether or not the said candidates have been declared elected, and shall proceed against the candidate or candidates declared elected.
404. Disqualification for election as councillor for certain election offences. - (1) If the Judge sets aside an election of a candidate on the ground that a corrupt practice has been committed in the interest of such candidate, he shall declare such candidate to be disqualified for the purpose of any fresh election which may be held under this Act.
405. References to the Judge. - In the following cases a reference shall be made to the Judge :-
406. Appeals when and to whom to lie. - (1) Subject to the provisions hereinafter contained, appeals against any rateable value [or the capital value, as the case may be] or tax fixed or charged under this Act shall be heard and determined by the judge.
407. Cause of complaint when to be deemed to have accrued. - For the purposes of section 406, cause of complaint shall be deemed to have accrued as follows, namely :-
408. Arbitration. - Where any appeal against the rateable value [or the capital value, as the case may be] or tax fixed or charged under this Act is pending and all the parties interested agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Judge for an order of reference on such matter and on such application being made the provisions of the [Arbitration and Conciliation Act, 1996] relating to arbitration in suits shall, so far as they can be made applicable apply to such application and the proceedings to follow thereon, as if the said Judge were a Court within the meaning of that Act and the application were an application made in a suit.
[409. Appointment of expert valuer.] - Deleted by Maharashtra 10 of 2010, Section 14.410. Reference to District Court. - If, before or on the hearing of an appeal relating to the rateable value [or the capital value, as the case may be] or tax, any question of law or usage having the force of law, or the construction of a document arises, the Judge may and on the application of any party to the appeal shall, draw up a statement of the facts of the case and the question so arising, and refer the statement with his own opinion on the point for the decision of the District Court.
411. Appeals to the District Court. - An appeal shall lie to the District Court, -
412. Costs of proceedings in appeal. - The costs of all proceedings in appeal under section 406 before the Judge including those or arbitration under section 408 [* * *] shall be payable by such parties in such proportion as the Judge shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887.
413. Unappealed values and taxes and decisions on appeal to be final. - (1) Every rateable value [or the capital value, as the case may be] fixed under this Act against which no complaint is made as hereinbefore provided, an the amount of every sum claimed from any person under this Act on account of any tax, if no appeal therefrom is made as hereinbefore provided, and the decision of the Judge aforesaid upon any appeal against any such value or tax if no appeal is made therefrom under section 411 and if such appeal is made the decision of the district court in such appeal shall be final.
[(2) Where the decision of the said Judge is not final it shall be lawful for the Commissioner to assess the property tax on the basis of the rateable value or the capital value, as the case may be, determined under rule 7 or 7A of the Taxation Rules in Chapter VIII of Schedule 'D', from year to year, subject, however, to the provisions of section 406.][413A. Assessment subject to valuation or revision by Municipal Property Tax Board. - (1) Notwithstanding anything contained in section 406, 407, 408, 409, 410, 411, 412 and 413, every rateable or the capital value, as the case may be, shall be subject to the valuation or revision by the Maharashtra Municipal Property Tax Board established under section 3 of the Maharashtra Municipal Property Tax Board Act, 2011 (hereinafter referred to as "the Municipal Property Tax Board").414. Appeals to the Judge. - Appeals shall lie, to the Judge against the orders of the Commissioner in the following cases, namely :-
415. Appeals against demolition orders. - (1) On an appeal being made against a demolition order made under section 300 or 303, the Judge may make such order either confirming or quashing or varying the order as he thinks fit, and he may, if he thinks fit, accept from an appellant accepted any such undertakings as might have been accepted by the Commissioner, and any undertaking so accepted by the Judge shall have the like effect as if it had been given to and accepted by the Commissioner under section 300:
Provided that the Judge shall not accept from an appellant upon whom such a notice as is mentioned in sub-section (1) of section 300 was served an undertaking to carry out any work unless the appellant complied with the requirements of sub-section (2) of that section.416. Appeals against decision of the Judge regarding payment of expenses for works executed. - (1) An appeal shall lie to the District Court from the decision of the Judge regarding the amount or payment of expenses for any work executed, when the amount of the claim in respect of which the decision is given exceeds two thousand rupees:
Provided that no such appeal shall be heard by the District Court unless it is filed within one month from the date of the decision of the Judge.417. Remedy of owner of building or land against occupier who prevents his complying with any provisions of this Act. - (1) If the owner of any building or land is prevented by the occupier thereof from complying with any provision of this Act or of any rule, regulation or bye-law or with any requisition made under this Act or under any such rule, regulation or bye-law in respect of such building or land, the owner may, apply to the Judge.
418. Power to summon witnesses and compel production of documents. - (1) For the purposes of any inquiry or proceeding under this Act, the Judge may summon and enforce the attendance of witnesses and compel them to give evidence and compel the production of documents, by the same means and, as far as is possible, in the same manner as is provided in the case of a Court of Small Causes by or under the Provincial Small Cause Courts Act, 1887, and in all matters relating to any such inquiry or proceeding the Judge shall be guided generally by the provisions of the said Act so far as the same are applicable.
419. Fees in proceeding before the Judge. - (1) The [State] Government may, from time to time, by notification in the Official Gazette, prescribe what fee, if any, shall be paid, -
(a)on any application, appeal or reference made under this Act to the Judge; and(b)previous to the issue, in any inquiry or proceeding of the Judge under this Act, of any summons or other process:Provided that the fees, if any, prescribed under clause (a) shall not, in cases in which the value of the claim or subject-matter is capable of being estimated in money, exceed the fees for the time being levied, under the provisions of the Provincial Small Cause Courts Act, 1887, in cases in which the value of the claim or subject-matter is of like amount.420. Exemption of poor persons from fees. - The Judge may, whenever he thinks fit, receive an application, appeal or reference made under this Act, by or on behalf of a poor person, and may issue process on behalf of any such person without payment or on a part payment of the fees prescribed under section 419.
421. Repayment of half fees on settlement before hearing. - Whenever any application, appeal or reference made to the Judge under this Act is settled by agreement of the parties before the hearing, half the amount of all fees paid up to that time shall be repaid by the Judge to the parties by whom the same have been respectively paid.
VI. Appointment of Magistrates422. Appointment of a Magistrate of the First Class. - The [State] Government may with the consent of the Corporation create one or more posts of Magistrates of the First Class for the trial of offences against this Act, or against any rule, regulation or bye-law made thereunder and may appoint any person to such post and may also appoint such ministerial officers for the court of any such Magistrate as it may think necessary:
Provided that notwithstanding the appointment of one or more Magistrate of the First Class under this section it shall be open to the District Magistrate subject to the rules for the time being in force under section 17 of the [Code of Criminal Procedure, 1898,] regulating the distribution of business in the Courts of Magistrates of the First Class to make such distribution of the work of trial of such offences and of all other work before the Courts of the Magistrates (including any appointed under this section) as may appear to him most conductive to efficiency.423. References to Magistrates. - In the following matters references shall be made to a Magistrate of the First Class having jurisdiction within the limits of the City,-
424. Disposal of animals and articles of non-perishable nature seized under section 338. - (1) Any animal and any article not of a perishable nature and any utensil or vessel seized under section 338 shall be forthwith taken before a Magistrate of the First Class.
425. Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food. - In every case in which food, on being dealt with under section 424, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human consumption, the owner thereof or the person in whose possession it was found, not being merely bailee or carrier thereof, shall, on conviction, if in such case the provisions of section 273 of the Indian Penal Code do not apply, be punished with fine which may extend to five hundred rupees.
426. Application for summons to be refused if not applied for within a reasonable time. - In all prosecutions under section 425 the Magistrate shall refuse to issue a summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a reasonable time from the alleged date of the offence of which such person is accused.
VIII. Proceedings before Magistrates and the Sessions Court.427. Cognizance of offences. - (1) [(a)]Offences for the contravention of sections 60, 61 and 325 shall be cognizable.
[(b) Offences under section 397A shall be cognizable and bailable.]428. Limitation of time within which complaints of offences punishable under this Act shall be entertained. - No Magistrate shall take cognizance of any offence punishable under this Act, or any rule, regulation or bye-law, unless complaint of such offence is made before him,-
429. Power of Magistrate to hear cases in absence of accused. - If any person summoned to appear before a Magistrate to answer a charge of an offence punishable under this Act or any rule, regulation or bye-law fails to appear at the time and place mentioned in the summons, and if service of summons is proved to the satisfaction of the Magistrate and no sufficient cause is shown for the nonappearance of such person the Magistrate may hear and determine the case in his absence.
430. Report of Chemicals Analyser to Government. - Any document purporting to be a report under the hand of the Chemical Analyser to Government upon any article duly submitted to him for analysis may be used as evidence of the facts therein stated in any inquiry or prosecution under this Act.
431. Complaint concerning nuisances. - (1) Any person who resides in the City may complain to a Magistrate of the First Class having jurisdiction therein of the existence of any nuisance or that in the exercise of any power conferred by sections 156, 157, 175, 176, 177, 249 or 292 more than the least practicable nuisance has been created.
432. Appeal to the Sessions Court from order passed under section 431. - (1) An appeal shall lie to the Sessions Court from an order passed by a Magistrate under section 431 within one month of the date thereof.
433. Offenders against this Act may in certain cases be arrested by police officers. - (1) Any police officer may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law, if the name and address of such person be unknown to him, and if such person, on demand decline to give his name and address or gives a name and address which such officer has reason to believe to be false.
[(2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the [nearest Judicial Magistrate] for a longer period than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the Court of such Magistrate]X. Miscellaneous[433A. Bar of Jurisdiction. - (1) Save as otherwise provided in this Act, any notice issued, order passed or direction issued by the Designated Officer, under section 260, 261, 264, 267 or 478 shall not be questioned in any suit or other legal proceedings.]434. Code of Civil Procedure to apply. - (1) Save as expressly provided by this Chapter the provisions of the Code of Civil Procedure, 1908 relating to appeals from original decrees shall apply to appeals to the Judge from the orders of the Commissioner and relating to appeals from appellate decrees shall apply to appeals to the District Court.
435. Limitation. - (1) In computing the period of limitation prescribed for an appeal or application referred to in this Chapter, the provisions of sections 5, 12 and 14 of the Indian Limitation Act, 1908 shall, so far as may be, apply.
436. Execution of orders of the Judge and District Judge. - (1) All orders of the Judge shall be executed in the same manner as if they were decrees of the Court of Small Causes passed under the Provincial Small Cause Courts Act, 1887.
437. Criminal Procedure Code to apply to all inquiries and proceedings before Magistrates. - The provisions of the [Code of Criminal Procedure, 1898,] shall, so far as may be, apply to all inquiries and proceedings under this Act before the Magistrate.
Chapter XXVII
Recovery Of Municipal Dues Other Than Taxes438. Recovery of expenses of removals by Commissioner under certain sections. - (1) The expenses incurred by the Commissioner in effecting any removal under section 60, section 231 or sub-section (3) of section 239, or, in the event of a written notice issued under sub-section (2) of section 226 or sub-section (3) of section 227 or section 232 or sub-section (2) of section 244 or sub-section (3) of section 245 or section 264 or section 308 not being complied with, under section 479 and all other expenses and charges specified in sub-section (2), if any, shall, subject to the provisions of sub-section (2), be recoverable by the sale of the materials removed, and if the proceeds of such sale do not suffice, the balance shall be paid by the owner of the said materials.
439. Expenses recoverable under the Act to be payable on demand, and if not paid on demand may be recovered as arrear of property-tax. - (1) Whenever under this Act, or any rule, regulation or bye-law the expenses of any work executed or of any measure taken or thing done by or under the order of the Commissioner or of any municipal officer empowered under section 69 in this behalf are payable by any person, the same shall be payable on demand.
440. If defaulter is owner of premises in respect of which expenses are payable, occupier to be also liable for payment thereof. - If the said expenses are due in respect of some work executed or thing done to, upon or in connection with, some building or land or of some measure taken with respect to some building or land or in respect of a private street and the defaulter is the owner of such building or land or of the premises fronting or adjoining such street or abutting thereon, as the case may be, the amount thereof may be demanded from any person who at any time, before the said expenses have been paid, occupies the said building, and or premises under the said owner; and in the event of the said person failing to pay the same, they may be recovered by distress and sale of the moveable property or the attachment and sale of the immovable property of the said person, as if the amount thereof were a property-tax due by him:
Provided as follows, namely :-441. Commissioner may agree to receive payment of expenses in instalments. - Instead of recovering any such expenses as aforesaid in any manner hereinbefore provided, the Commissioner may, if he thinks fit and with the approval of the Standing Committee, take an agreement from the person liable for the payment thereof, to pay the same in instalment of such amounts and at such intervals as will secure the payment of the whole amount due, with interest thereon, at such rate not exceeding nine per cent per annum as the Standing Committee may fix from time to time, within a period of not more than five years.
442. Certain expenses may be declared to be improvement expenses. - (1) Any expenses incurred by the Commissioner under any provision of this Act in respect of any material or fittings supplied or work executed or thing done, to, upon or in connection with some building or land which are recoverable from the owner or occupier of such building or land may, subject to the regulations be declared to be improvement expenses if the Commissioner with the approval of the Corporation, thinks fit so to declare them, and on such declaration being made such expenses, together with interest thereon payable under sub-section (2), shall be a charge on the premises in respect of which, or for the benefit of which, the expenses have been incurred.
443. Proportion of improvement expenses may be deducted from rent. - (1) Where the occupier by whom any improvement expenses are paid holds the premises on which the expenses together with interest thereon are charged, at a rent not less than the rack-rent, he shall be entitled to deduct three-fourths of the amount paid by him on account of such expenses and interest thereon as aforesaid from the rent payable by him to his landlord, and, if he holds at a rent less than the rack-rent, he shall be entitled to deduct from the rent so payable by him such proportion of three-fourth of the amount paid by him on account of such expenses and interest thereon as aforesaid as his rent bears to the rack-rent.
444. Redemption of charge for improvement expenses. - At any time before the expiration of the period for the payment of any improvement expenses together with interest thereon, the owner or occupier of the premises on which they are charged may redeem such charge by paying to the Commissioner such part of the said expenses and such interest due, if any, as may not have been already paid or recovered.
445. Recovery of instalments due under sections 441 and 442. - Any instalment payable under section 441 or 442 which is not paid when the same becomes due, may be recovered by the Commissioner by distress and sale of the movable property or the attachment and sale of the immovable property of the person by whom it is due as if it were a property-tax due by the said person.
446. In default of owner the occupier of any premises may execute required work and recover expenses from the owner. - Whenever the owner of any building or land fails to execute any work which he is required to execute under this Act or under any rule, regulation or bye-law the occupier, if any, of such building or land may, with the approval of the Commissioner, execute the said work, and he shall be entitled to recover the reasonable expenses incurred by him in so doing from the owner and may without prejudice to any other right of recovery deduct the amount thereof from the rent which from time to time becomes due by him to the owner.
447. Persons liable for expenses or compensation may be sued for recovery thereof. - Instead of proceeding in any manner aforesaid for the recovery of any expenses or compensation of which the amount due has been ascertained as hereinbefore provided, or after such proceedings have been taken unsuccessfully or with only partial success, the sum due, or the balance of the sum due, as the case may be, may be recovered by a suit brought against the person liable for the same in any Court of competent jurisdiction.
Chapter XXVIII
Control448. Power of [State] Government to require performance of duties in default of any municipal authority. - (1) If it shall at any time appear to the [State] Government upon complaint or otherwise that default has been made in the performance of any duty imposed on any of the municipal authorities by or under this Act or by or under any enactment for the time being in force, the [State] Government may, if satisfied after due inquiry that the alleged default has been made, make an order prescribing a period for the performance of that duty:
Provided that, expect in any case which appears to the [State] Government to be one of emergency, no such order shall be made until after the expiry of one month from the date of service of a written notice on the Corporation, and if the [State] Government shall think fit, on the Commissioner requiring cause to be shown why such order should not be made, nor until the cause, if any, so shown has been considered by the [State] Government.449. Expenses of measures enforced under section 448 how to be recovered. - (1) When any such order as is mentioned in sub-section (2) of section 448 shall have been made, the Corporation shall cause to be paid to the [State] Government the sum or sums of money of which payment shall from time to time be required, in pursuance of the said order, in any requisition made by the [State] Government.
450. Power to [State] Government to call for extracts from proceedings etc. - The [State] Government may at any time call upon the Corporation to furnish it with any extract from any proceedings of the Corporation, the Standing Committee, the Transport Committee or any other committee constituted under this Act or from any record under the control of the Corporation and with any statistics concerning or connected with the administration of this Act; and the Corporation shall furnish the same without unreasonable delay.
452. [Power of State Government to dissolve Corporation.] - (1) If at any time upon representation made or otherwise it appears to the [State] Government that the Corporation is not competent to perform, or persistently makes default in the performance of, the duties imposed upon it by or under this Act or any other law for the time being in force or exceeds or abuses it powers, the [State] Government may, after having given the Corporation an opportunity to show cause why such order should not be made, by an order published, with the reasons therefor, in the Official Gazette [dissolve the Corporation with effect from the date to be specified in the Order],
Chapter XXIX
Rules, Bye-Laws, Regulations And Standing Orders453. Rules in Schedule to be part of the Act. - The rules in [Schedule D] as amended from time to time shall be deemed to be part of this Act.
454. Alteration of and additions to Schedule. - The Corporation may add to the [Schedule D] rules not inconsistent with the provisions of this Act (which expression shall in this section be deemed not to include the said Schedule) to provide for any matter dealt with or for any of the purposes specified in the said Schedule; and may subject to the same limitations, amend, alter or annul any rule in the said Schedule:
Provided that if any rule regulating the punishment of an offence is altered or amended the punishment awarded under such altered or amended rule shall not exceed the maximum provided in section 468.455. Power to make rules subject to sanction of [State] Government. - (1) The power to make, add to, alter or rescind any rule under section 454 shall be subject to the sanction of the [State] Government and to the condition of the rules being made after previous publication.
456. Power of [State] Government to make rules. - The [State] Government may at any time require the Corporation to make rules under section 454 in respect of any purpose or matter specified in section 457;
457. Matters in respect of which rules may be made. - In particular, and without prejudice to the generality of the powers conferred by section 454, rules made thereunder may provide for or regulate all or any of the following purposes and matters, namely :-
458. Bye-laws for what purpose to be made. - The Corporation may from time to time make bye-laws not inconsistent with this Act and the rules, with respect to the following matters, namely :-
459. Commissioner to lay draft bye-laws before the Corporation for its consideration. - It shall be the duty of the Commissioner from time to time to lay before the Corporation for its consideration a draft of any bye-law which he shall think necessary or desirable for the furtherance of any purpose of this Act.
460. Hearing by Corporation of objections to proposed bye-laws. - No bye-law shall be made by the Corporation, unless, -
461. Bye-laws to be confirmed by [State] Government. - No bye-law made under section 458 shall have any validity unless and until it is confirmed by the [State] Government.
462. Bye-laws confirmed by [State] Government to be published in the Official Gazette. - When any bye-law has been confirmed by the [State] Government it shall be published in the Official Gazette, and thereupon shall have the force of law.
463. Printed copies of bye-laws to be kept on sale. - (1) The Commissioner shall cause all bye-laws from time to time in force to be printed and shall cause printed copies thereof to be delivered to any person requiring the same, on payment of such fees for each copy as he may fix.
464. [State] Government may modify or repeal bye-laws. - If it shall at any time appear to the [State] Government that any bye-law should by modified or repealed either wholly or in part, it shall cause its reasons for such opinion to be communicated to the Corporation and prescribe a reasonable period within which the Corporation may make any representation with regard thereto which it shall think fit.
465. Regulations. - (1) The Standing Committee shall from time to time frame regulations not inconsistent with this Act and the rules but in consonance with any resolution that may be passed by the Corporation -
(a)prescribing the qualifications required for appointments to posts in municipal service other than those specified in sub-clause (a) of clause (3) of section 457;(b)fixing 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;(c)regulating the grant of leave to municipal officers and servants;(d)authorising the payment of allowances to the said officers and servants or to certain of them, whilst absent on leave;(e)determining the remuneration to be paid to the person appointed to act for any of the said officers or servants during their absence on leave;(f)authorising the payment of travelling or conveyance allowance to the said officers and servants;(g)regulating the period of service of all the said officers and servants;(h)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 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;(i)prescribing the procedure to be followed in removing from service or dismissing or otherwise punishing any municipal officer or servant other than an officer who is appointed under section 40 or 45 or who is appointed to act in the place of such officer;(j)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 Standing Committee, be established by the said officers and servants or to such provident fund, if any, as may be established by the Corporation for the benefit of the said officers and servants;(k)prescribing the conditions under which and, subjects to the provisions of sub-section (2) of section 50, the authorities by whom the said officers and servants or any of them, may be permitted while on duty or during leave to perform a specified service or series of services for a private person or body or for a public body, including a local authority, or for the Government and to receive remuneration therefor;(l)in general, prescribing any other conditions of service of the said officers and servants.466. Making of standing orders by Commissioner. - (1) The Commissioner may make standing orders consistent with the provisions of this Act and the rules and bye-laws in respect of the following matters, namely :-
(A) (a)prescribing makas for the collection of [***] tolls;(b)regulating the mode and manner in which [***] tolls shall be collected;(c)[***](d)regulating the stamping, sealing or otherwise marking of imported goods;(e)[***](f)determining the supervision under which, the routes by which and the time within which goods intended for immediate exportation shall be conveyed out of City and the fees payable by persons so conveying the goods;(g)[***](B)the manner in which sales of immovable property attached for the nonpayment of municipal dues shall be held;(C) (a)the training, discipline and good conduct of the men belonging to the municipal fire-brigade and any volunteer fire-brigade recognised by the Corporation;(b)their speedy attendance with engines, fire-escapes and all necessary implements on the occasion of any alarm of fire;(c)the maintenance of the said brigade generally in a due state of efficiency;(d)determining the officers to whom and the places at which intimation of the outbreak of a fire shall be reported and the action to be taken on the receipt of such intimation;(e)for the granting of gratuities, rewards or certificates to persons who have given notice of fires or who have rendered meritorious service to the fire brigade on the occasion of a fire;(D) (a)for preventing nuisance or obstruction in any market-building, market- place, slaughter-house or stock-yard or in the approaches thereto;(b)fixing the days and the hours on and during which any market, slaughter-house or stock-yard may be held or kept open for use and prohibiting the owner of any private market from keeping it closed without lawful excuse on such days or during such hours.(c)prohibiting every vendor in a market from closing his shop, stall or standing to the public without lawful excuse or from withholding from sale any articles in which he normally deals;(d)for keeping every market-building, market-place, slaughter-house or stock-yard in cleanly and proper state, and for removing filth and refuse therefrom;(e)requiring that any market-building, market-place, slaughter-house or stock-yard be properly ventilated and be provided with a sufficient supply of water;(f)requiring that in market-buildings and market places, passages be provided between the stalls of sufficient width for the convenient use of the public;(g)for tile marking or branding for purpose of identification of animals rejected for slaughter as discarded or unwholesome;(h)regulating the method of slaughter at slaughterhouses;(i)requiring the allotment in markets of separate areas for different classes of articles;(j)generally regulating the orderly management and control of markets, slaughter-houses and stock-yards.467. Posting of standing orders and table of stallage, rents, etc. - A printed copy of the standing orders shall be affixed in a conspicuous place in the municipal office and a printed copy of the table of stallages, rents and fees, if any, in force in any market, slaughter-house or stock-yard under sections 332 and 333 shall be affixed in some conspicuous spot in the market-building, market-place, slaughter-house or stock-yard.
468. Penalty for breach of rules, bye-laws, regulations or standing orders. - In making rules under section 454 or bye-laws, regulations or standing orders, the [State] Government, the Corporation, the Standing Committee, or the Commissioner, as the case may be, may provide that for any breach thereof the offender shall on conviction -
Chapter XXX
MiscellaneousPublic Notices and Advertisements469. Public notices how to be made known. - Whenever it is provided by or under this Act that public notice shall or may be given of anything, such public notice shall, in the absence of special provision to the contrary, be in writing under the signature of the Commissioner or of a municipal officer empowered, under section 69 to give the same, and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of drum, or by advertisement in the local newspaper, or by any two or more of these means and by any other means that the Commissioner shall think fit.
470. Advertisements how to be made. - Whenever it is provided by or under this Act that notice shall be given by advertisement in the local newspapers, or that a notification or any information shall be published in the local newspapers, such notice, notification or information shall be inserted, if practicable, in at least two newspapers in such language or languages as the Corporation may from time to time, specify in this behalf published or circulating in the City.
471. Consent, etc., of Corporation, etc., may be proved by written documents. - (1) Whenever under this Act or any rule, bye-laws, regulation or standing order, the doing or the omitting to do anything or the validity of anything depends upon the consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction of -
(a)the Corporation, the Standing Committee, the Transport Committee or any other Committee;(b)the Commissioner or the Transport Manager or any municipal officer, a written document signed as provided in sub-section (2) purporting to convey or set-forth, such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction shall be sufficient evidence of such consent, sanction, approval, concurrence, confirmation, declaration, opinion or satisfaction.472. Notices, etc. by whom to be served or presented. - Notices, bills, schedules, summonses and other such documents required by this Act or by any rule, regulation or bye-law to be served upon or issued or presented or given to any person, shall be served, issued, presented or given by municipal officers or servants or by other persons authorized by the Commissioner in this behalf.
473. Service how to be effected on owners of premises and other persons. - When any notice, bill, schedule, summons or other such documents is required by this Act, or by any rule, regulation or bye-law to be served upon or issued or presented to any person, such service, issue or presentation shall, except in the cases otherwise expressly provided for in section 474, be effected -
474. Service on owner or occupier of premises how to be effected. - When any notice, bill, schedule, summons or other such document is required by this Act, or by any rule, regulation or bye-law, to be served upon or issued or presented to the owner or occupier of any building or land, it shall not be necessary to name the owner occupier therein, and the service, issue or presentation thereof shall be effected, not in accordance with the provisions of the last preceding section, but as follows, namely :-
475. Sections 472, 473 and 474 inapplicable to Magistrate's summons. - Nothing in sections 472, 473 and 474 applies to any summons issued under this Act by a Magistrate.
476. Signature on notices, etc. may be stamped. - (1) Every licence, written permission, notice, bill, schedule, summons or other document required by this Act or by any rule, regulation or bye-law to bear the signature of the Commissioner or of any municipal officer shall be deemed to be property signed if it bears a facimile of the signature of the Commissioner or of such municipal officer as the case may be, stamped thereupon.
477. Power of Commissioner to call for information as to ownership of premises. - (1) The Commissioner may, in order to facilitate the service, issue, presentation, or giving of any notice, bill, schedule, summons or other such document upon or to any person by written notice require the owner or occupier of any premises, or of any portion thereof to state in writing, within such period as the Commissioner may specify in the notice, the nature of his interest therein and the name and address of any other person having an interest therein, whether as free holder, mortgagee, lessee or otherwise, so far as such name and address is known to him.
478. Work or thing done without written permission of the [Designated Officer] to be deemed unauthorised. - (1) If any work or thing requiring the written permission of the [Designated Officer] under any provision of this Act, or any rule, regulation or bye-law is done by any person without obtaining such written permission or if such written permission is subsequently suspended or revoked for any reason by the [Designated Officer] such work or thing shall be deemed to be unauthorised and, subject to any other provision of this Act, the [Designated Officer] may at any time, by written notice, require that the same shall be removed, pulled down or undone, as the case may be, by the person so carrying out or doing. If the person carrying out such work or doing such thing is not the owner at the time of such notice then the owner at the time of giving such notice shall be liable for carrying out the requisition of the [Designated Officer]
479. Works, etc. which any person is required to execute may in certain cases be executed by Commissioner at such persons cost. - (1) Subject to the provisions of this Act and of the rules, bye-laws, regulations and standing orders, when any requisition or order is made under any provision of this Act or of any rule, bye-law, regulation or standing order by written notice by the Commissioner, or by any municipal officer duly empowered in this behalf, a reasonable period shall be prescribed in such notice for carrying such requisition or order into effect, and if, within the period so prescribed, such requisition or order or any portion of such requisition or order is not complied with, the Commissioner may take such measures or cause such work to be executed or such thing to be done as shall, in his opinion be necessary for giving due effect to the requisition or order so made; and unless it is in this Act otherwise expressly provided, the expenses thereof shall be paid by the person or by any one of the persons to whom such requisition or order was addressed.
480. Supply of materials. - On the written request of any person who is required under any of the provisions of this Act or of any rule, regulation or bye-law to supply materials or fittings; the Commissioner may, on such person's behalf, supply the necessary materials or fittings, or cause the necessary work to be done:
Provided that, where the provisions of section 441 or 442 will not apply, a deposit shall first of all be made by the said person of a sum which will, in the opinion of the Commissioner, suffice to cover the cost of the said materials, fittings and work.Legal Proceedings481. Provisions respecting institution etc. of civil and criminal actions and obtaining legal advice. - (1) The Commissioner may -
(a)take, or withdraw from proceedings against any person who is charged with, -(i)any offence against this Act or any rule, regulation or bye-law;(ii)any offence which affects or is likely to affect any property or interests of the Corporation or the due administration of this Act;(iii)committing any nuisance whatever;(b)compound any offence against this Act or any rule, regulation or byelaw which under the law for the time being in force may legally be compounded;(c)defend any election petition brought under section 16;(d)defend, admit or compromise any appeal against a rateable value [or a capital value, as the case may be] or tax brought under section 406;(e)take, withdraw from or compromise, proceedings under sub-section (2) of section 402, sub-sections (3) and (4) of section 439 and sections 391 and 416 for the recovery of expenses or compensation claimed to be due to the Corporation;(f)withdraw or compromise any claim for a sum not exceeding five hundred rupees against any person in respect of a penalty payable under a contract entered into with such person by the Commissioner, or, with the approval of the Standing Committee, any such claim for any sum exceeding five hundred rupees;(g)defend any suit or other legal proceedings brought against the Corporation or against the Commissioner or a municipal officer or servant in respect of anything done or omitted to be done by them, respectively, in their official capacity;(h)with the approval of the Standing Committee, admit or compromise any claim, suit or legal proceeding brought against the Corporation , r against the Commissioner or a municipal officer or servant, in respect of am '.hing done or omitted to be done as aforesaid;(i)with the like approval, institute and prosecute any suit or withdraw from or compromise any suit or any claim, other than a claim of the description specified in clause (f), which has been instituted or made in the name of the Corporation or of the Commissioner.(j)obtain and pay for such legal advice and assistance as he may, from time to time, think it necessary or expedient to obtain or as he may be desired by the Corporation or the Standing Committee to obtain, for any of the purposes mentioned in the foregoing clauses of this sub-section or for securing the exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any municipal officer or servant:Provided that the Commissioner shall not defend any suit or legal proceeding under clause (g) without first of all taking legal advice with regard thereto, and shall institute and prosecute any suit which the Corporation shall determine to have instituted and prosecuted.482. Councillors, etc., to be deemed to be public servants. - (1) The Commissioner and the Transport Manager and every councillor and every member of the Transport Committee who is not a councillor and every municipal officer or servant appointed under this Act, and every contractor or agent for the collection of any municipal tax and every servant or other person employed by any such contractor or agent shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
483. Co-operation of Police, etc. - (1) The District Magistrate and the District Superintendent of the Police having jurisdiction in the City shall, as fir as may be, co-operate by themselves and through their subordinates with the Commissioner for carrying into effect and enforcing the provisions of this Act and for the maintenance of good order in the City.
484. Assistance for the recovery of rent on land. - For the purpose of the recovery of any amount due on account of rent from any person to a Corporation in respect of any land vested in or otherwise held by such Corporation, the Corporation shall be deemed to be a superior holder and every such person an inferior holder of such land, within the meaning of sections 86 and 87 of [the Bombay Land Revenue Code, 1879,] and the Corporation as superior holder shall be entitled for the recovery of every such amount, to all the assistance to which under the said sections a superior holder is entitled for the recovery of rent of land revenue payable to him by an inferior holder.
485. Informalities and errors in assessments, etc., not to be deemed to invalidate such assessment, etc. - (1) Any informality clerical error, omission or other defect in any assessment made or in any distress levied or attachment made or in any notice, bill, schedules, summons or other documents issued under this Act, or under any rule, regulation, bye= law or standing order may at any time as far as possible be, rectified.
486. Indemnity for acts done in good faith. - No suit, prosecution or other legal proceeding shall lie in respect of anything in good faith done or purported or intended to be done under this Act against any councillor or against any member of the Transport Committee who is not a councillor or against the Commissioner, the Transport Manager or any municipal officer or servant or against any person acting under and in accordance with the directions of the Corporation, any committee constituted under this Act, the Commissioner, the Transport Manager, any municipal officer or servant or of a Magistrate.
487. Protection of persons acting under this Act against suits. - (1) No suit shall be instituted against the Corporation or against the Commissioner, or the Transport Manager, or against any municipal officer or servant, in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act :-
(a)until the expiration of one month next after notice in writing has been, in the case of the Corporation, left at the chief municipal office and, in the case of the Commissioner or of the Transport Manager or of a municipal officer or servant delivered to him or left at his office or place of abode, stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any for the purpose of such suit, nor(b)unless it is commenced within six months next after the accrual of the cause of action.488. Savings in respect of certain provisions of Bombay Land Revenue Code, 1879. - Notwithstanding the provisions of sections 48, 65, 66 and 67 of the Bombay Land Revenue Code, 1879] -
489. Limitation of liability of agent or trustee of owner. - (1) No person who receives the rent of any premises in any capacity described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section 2, shall be liable to do anything which is by this Act required to be done by the owner unless he have or, but for his own improper act or default, might have had sufficient funds of or due to the owner to pay for the same.
Chapter XXXI
Repeals And Amendments490. Certain Acts to cease to apply to City. - The Bombay District Municipal Act, 1901, the Bombay Municipal Boroughs Act, 1925, and the Bombay Village Panchayats Act, 1933, shall cease to apply, except as hereinafter provided, to any area included in the City.
491. Amendment of certain enactments. - The enactments specified in the second column of Appendix 111 shall be amended to the extent specified in the third column thereof.
492. Repeal. - The Poona City and Poona Suburban Municipal Boroughs (Appointment of Municipal Commissioner) Act, 1948, is hereby repealed.
493. Transitory provisions. - The provisions of Appendix IV shall apply to the constitution of the Corporation and other matters specified therein.
Appendix I(See Section 282)Provisions of the Land Acquisition Act, 1894, Regulating the Acquisition of Land for Improvement Purposes.Part I – Preliminary, except clauses (e) and (f) of section 3.
Part II – Acquisition, except sub-section (1) of section 4, section 6 and subsection (2) of section 17.
Part III – Reference to Court and Procedure thereon, except sub-section (2) of section 23 and clauses (6) and (7) of section 24.
Part IV – Apportionment of compensation.
Part V – Payment.
Part VI – Temporary occupation of land.
Part VII – Miscellaneous.
Appendix II(See Section 392)Table of PenaltiesPart I
| Sections, Sub-sections and Clauses | Fine which may be Imposed |
| 309(2), 311(e), 311(f), 311(g). | Ten rupees |
| 197(2), 295, 334(2), 373(1), 374, 375, -376(6). | Twenty rupees |
| 172, 196(2) proviso, 208, 227(3), 228, 233(1), 236(2), 238(2),240, 246, 297, 330(1), 333, 377(1), 381,384, 385, 386(5). | Fifty rupees |
| 60, 108(2), 145(2), 163, 164, 165, 168(1)(b), 169(b), 174,184, 186, 187(1), 187(2), 199, 200, 212(2), 223, 227(3), 229(1),230(1), 232, 239(1), 241(1), 243(1), 244(1), 244(3), 248(1), 251,265(4), 266, 298(5), 308, 318, 319, 326, 335(1), 366, 367, 368,369, 379, 380, 382. | One hundred rupees |
| 161, 178(1), 179, 195(1), 198, 226(1), 226(2), 226(4), 242,247(1), 265(2), 265(3), 267(1), 268(4), 299(1), 307(1), 307(2),378(1), 383, 417(3). | Two hundred rupees |
| 160(2), 171(1), 221(1), 257, 261(1), 263, 264(1), 264(2),298(2), 301(1), 304(3), 322, 325(1), 376(1). | Five hundred rupees |
| 210(4), 262, 269(7), 313, 314, 331(2). | One thousand rupees |
| Sections, Sub-sections and Clauses | Daily Fine which may be Imposed |
| 227(3), 228, 297, 308, 375, 376(6), 379, 381. | Five rupees |
| 161, 163, 164, 165, 168(1)(b), 169(b), 172, 174, 184, 186,187(2) , 195(1), 200, 223, 226(2) 226(4), 229(1), 230(1), 232,241(1), 244(1), 244(3), 247(1), 248(1), 265(4), 298(5), 330(1),382, 384, 385, 386(5). | Ten Rupees |
| 60, 198, 243(1), 246, 265(2),265(3), 267(1), 268(4), 307(1),307(2), 383. | Twenty rupees |
| 160(2), 171(1), 212(2), 239(1), 240, 266, 298(2), 299(1),301(1), 376(1), 417(3). | Fifty rupees |
| 210(4), 257, 263, 264(1), 264(2), 269(7). | One hundred rupees |
| 313, 314. | Five hundred rupees |
| Number and year | Short title | Amendments |
| Bombay I of 1915 | The Bombay Town Planning Act, 1915 | In sub-section (1) of section 4, sub-section (2) of section10, sub-section (1) of section 26, sub-section (3) of section 44and sub-section (3) of section 45, for the words "the Cityof Bombay" the words ",any area for which a municipalcorporation is constituted under any enactment" shall besubstituted. |
| Bombay V of 1925 | The Bombay Prevention of Adulteration Act, 1925 | 1. In clause (c) of section 2, forthe words "any area for which a municipal corporation isconstituted under any enactment" shall be substituted.2. In sub-section (-1) of section 19, for the words "theCity of Bombay after consultation with the Corporation of City ofBombay" the words, "any area for which a municipalcorporation is constituted under any enactment after consultationwith such corporation" shall be substituted. |
| Bombay XXXII of 1947 | The Lord Reay Maharashtra Industrial Museum Act, 1947 | 1. In sub-section (2) of section 6-(1) forparagraph B the following revised paragraph shall be substituted,namely:-"B Thefollowing four ex-officio representatives of the MunicipalCorporation of the City of Poona-(i) the Mayor,who shall be the Chairman,(ii) theChairman, Standing Committee,(iii) theChairman, Municipal School Board.(iv) theMunicipal Commissioner for the City of Poona".(2) Inparagraph C for the words "Poona City Borough Municipality"the words "Municipal Corporation of the City of Poona"shall be substituted.2. In section 17 for the words"Bombay Municipal Borough Act, 1925, the Poona City BoroughMunicipality" the words "Bombay Provincial CorporationAct, 1949, the Municipal Corporation of the City of Poona"shall be substituted.3. In [(Clause (b)]() of sub-section (2) of section 21, for thewords "Poona City Borough Municipality" the words"Municipal Corporation of the City of Poona" shall besubstituted. |
| Bombay LVII of 1947 | The Bombay Rents, Hotel and Lodging Houses Rates Control Act,1947 | In section 10A the following shallbe added, namely :-"(4) if the general taxlevied under section 129 of the Bombay Provincial MunicipalCorporations Act, 1949, in respect of any premises in any cityexceeds the amount paid by any landlord to any local authority onaccount of a rate or tax on buildings, house or lands in respectof such premises for the assessment period which included the31st March 1949, there shall be deemed to be an increase in suchrate or tax for the purpose of this section". |
| [Bombay XX of 1948]() | The Poona University Act, 1948 | In sub-section (1) of section 16,in clause (iv) of paragraph (A) in Class II–(1) for sub-clause (a) thefollowing shall be substituted, namely:–"(a) twomembers by the Municipal Corporation of the City of Poona";(2) sub-clause (b) shall be deleted. |
| Bombay LXIX of 1948 | The Bombay Housing Board Act, 1948 | In section 25–(1) in sub-section (1) for thewords and figures "Chapter XII-A of the City of BombayMunicipal Act, 1888", the words "any enactment for thetime being in force for the constitution of a MunicipalCorporation for any area in the [State]() [of Maharashtra]()"shall be substituted.(2) in sub-section (2) for the words and figures "theCity of Bombay Municipal Act, 1888" the words "any suchenactment as aforesaid" shall be substituted. |
| Bombay LXXIX of 1948 | The Bombay Shops and Establishments Act, 1948 | In clause (15) of section 2, for the words and figures"Municipality constituted under the City of Bombay MunicipalAct, 1888" the words "a municipal corporationconstituted under any enactment for the time being in force or amunicipality constituted under" shall be substituted. |
Part I
General[1. Construction of references in other enactments. - References in any enactment, other than the Maharashtra Municipalities Act, 1965, the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, the Bombay Village Panchayats Act, 1958 or the Bombay Local Fund Audit Act, 1930, in force on the date immediately preceding the appointed day in a City or in any rule, order or notification made or issued thereunder and in force on such date in the said City, to any municipalities or other local authorities by whatever name called, shall, unless a different intention appears, be construed as references to the City or to the Corporation of the said City, as the case may be, and such enactment, rule, order or notification shall apply to the said City or Corporation.]2. Transfer of rights. - All rights of the municipality or any other local authority for the area which has been constituted to be a City shall on the appointed day vest in the Corporation constituted for the said area.
3. Sums due. - All sums due to the said municipality or local authority for the area which has been constituted a City, whether on account of any tax or any other account, shall be recoverable by the COmmissioner for the said City and for the purpose of such recovery he shall be competent to take any measure or institute any proceeding which it would have been open to the authority of the said municipality or local authority to take or institute, if this Act had not come into operation and the said area had not been constituted to be a City.
4. Debts, obligations, contracts and pending proceedings. - (1) All debts and obligations incurred and all contracts made by or on behalf of the said municipality or local authority immediately before the appointed day and subsisting on the said day shall be deemed to have been incurred and made by the Commissioner for the said City in exercise of the powers conferred on him by this Act and shall continue in operation accordingly.
5. Continuation of appointments, taxes, budget estimates, assessments, etc. - Save as expressly provided by the provisions of this Appendix or by a notification issued under paragraph 22 or order made under paragraph 23, -
6. Provision for municipality or local authority which is superseded or dissolved. - Any reference in the above paragraphs of a municipality or a local authority shall, in case such municipality or local authority has been superseded or dissolved be deemed to be a reference to the person or persons appointed to exercise the powers or to perform the functions of such municipality or local authority under any law relating to such municipality or local authority.
[6A. Special Conditions for erection and re-erection of buildings etc., in certain areas. - (1) Notwithstanding anything contained in this Act, until bye-laws are made under section 458 or until the expiration of one year from the date on which any local area is constituted or included in a City under section 3, whichever is earlier, the Corporation may prescribe special conditions with respect to erection or re-erection of buildings, the maximum heights of buildings, roofs and external walls of buildings, set-backs of buildings and other matter relating to buildings in the area constituted or included in a City or any part thereof.Part II – [* * * * *]
Part III
Special Provisions relating to the City of Poona14. Provision regarding the Commissioner. - (1) On and from the appointed day in the case of the City of Poona the Municipal Commissioner for the Poona City and Poona Suburban Municipal Boroughs appointed under section 3 of the Poona City and Poona Suburban Municipal Boroughs (Appointment of Municipal Commissioner) Act, 1948, and holding office on the date immediately preceding the appointed day shall be deemed to be the Commissioner appointed under section 36, and shall, subject to the provisions of sub-section (3) of the said section, hold office for the period for which he would have held the office of Municipal Commissioner for the Poona City and Poona Suburban Municipal Boroughs if this Act had not come into operation in the City of Poona.
15. The Commissioner to exercise powers and perform duties of Corporation and Standing Committee. - Notwithstanding anything contained in this Act, the Commissioner shall exercise the powers and perform the duties of the Corporation and the Standing Committee under this, Act and under any other law for [he time being in force until general ward elections shall have been held in accordance with the provisions of this Act and the first meeting of the Corporation shall have been held.
16. [State] Government may appoint advisory board. - (1) The [State] Government may, by notification in the Official Gazette, appoint such number of persons, not exceeding twelve, as it deems fit to advise the Commissioner so long and in so far as he exercises the powers and performs the duties of the Corporation and the Standing Committee.
17. Commissioner to take steps to hold elections, etc. - (1) The Commissioner shall forthwith proceed to prepare the municipal election roll and hold general ward elections in accordance, as far as may be, with the provisions of this Act.
18. Savings in respect of Bombay Local Fund Audit Act, 1930. - The provisions of the Bombay Local Fund Audit Act, 1930, shall continue to apply in respect of the audit of the accounts of the Poona City Borough Municipality and the Poona Suburban Borough Municipality for the period upto the date immediately preceding the appointed day and of all other matter connected with, or arising out of, such audit as if this Act had not come into operation:
Provided that all references in the Bombay Local Fund Audit Act, 1930, to the President of the local authority or to the local authority shall be, deemed to be references to the Commissioner.19. Savings in respect of members of Court of Poona University representing Poona City and Poona Suburban Borough Municipalities. - The members of the Court of the Poona University elected by the Poona City Borough Municipality and the Poona Suburban Borough Municipality under section 16 of the Poona University Act, 1948, shall be deemed to have been elected by the Corporation and shall continue to hold office for the term for which they were originally elected.
20. Temporary provision regarding representatives of Corporation on Board of Trustees of Lord Reay Maharashtra Industrial Museum. - Notwithstanding the provisions of sub-section (2) of section 6 of the Lord Reay Maharashtra Industrial Museum Act, 1947, the representatives of the Corporation on the Board of Trustees of the Lord Reay Maharashtra Industrial Museum shall, until the Mayor and the Chairman of the Standing Committee have been elected and have taken office, consist of the Chairman of the Poona Municipal School Board and the Commissioner.
21. Poona City Municipal School Board to be deemed to be the Municipal School Board for the City. - The Poona City Municipal School Board in office on the date immediately preceding the appointed day shall be deemed to be the Municipal School Board for the City and shall continue in office until a new school board is constituted by the nomination and election of members under sub-section (2) and (5) of section 4 of the Bombay Primary Education Act, 1947, as soon as may be after the first general ward elections of councillors have been held and the councillors have taken office.
[21A. Temporary provision regarding levy of general tax in certain areas included in the City of Poona. - Notwithstanding anything contained in this Act, in the areas specified in List I hereto appended, a general tax shall be levied on the classes of buildings and lands specified in column 1 of list II hereto appended, during the periods specified in the headings to columns 2 to 5 at the rates specified in the said columns against each class; and such rates shall not during such periods be liable to increase under section 150. Where no such rate has been specified in the said columns the general tax shall be levied at the rate and in the manner provided under this Act:Provided that all lands and buildings, situated in the areas specified in the said List I, the annual rateable value of which does not exceed rupees fifty, shall be exempted from the levy of the general tax during the period from the 1st April 1954 to the 31st March 1956 (both inclusive).]List I| 1. Bopodi | 9. Dhankavdi |
| 2. Dhanori | 10. Hingane Budruk |
| 3. Lohgaon | 11. Kothrud |
| 4. Vadgaon-Sheri | 12. Pashan |
| 5, Ghorpadl | 13. Aundh |
| 6. Mundhwa | 14. Wanowaire |
| 7. Hadapsar | 15. Bibewadi in Kasbe Poona. Revenue Survey Nos. 559 to 595;598 to 695; 732 and 440. |
| 8. Kondhwe Khurd |
| Classes of lands and buildings | //Period 1st April 1954 to 31st March 1956 (bothinclusive)// | //Period from the 1st April 1956 to 31st March1958 (both inclusive)// | //Period from the 1st April 1958 to 31st March1960 (both) inclusive)// | //Period from the 1st April 1960 to 31st March1962 (both inclusive)// |
| (1) | (2) | (3) | (4) | (5) |
| 1 The annual rateable value ofwhich does not exceed Rs. 50.2. The annual rateable value ofwhich exceeds Rs. 50, but does not exceed Rs. 500.3. The annual rateable value ofwhich exceeds Rs. 500 but does not exceed Rs. 1000.4. The annual rateable value ofwhich exceeds Rs. 1000 but does not exceed Rs. 2000.5. The annual rateable value ofwhich exceeds Rs. 2000 but does not exceed Rs. 5000.6. The annual rateable value of which exceeds Rs. 5000. | Nil6 per cent of the rateable value8 per cent of the rateable value10 per cent of the rateable value12 per cent of the rateable value.14 per cent of the rateable value or the rate determined bythe Corporation under section 99, whichever is less. | 6 percent of the rateable value8 per cent of the rateable value10 per cent of the rateable value | 8 per cent of the rateable value17 per cent of the rate able value | 10 per cent of the rate able value. |
Part IV
22. [* * * * * *]
Part V
Power to remove difficulties23. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act or, by reason of anything contained in this Act, to any other enactment for the time being in force, the [State] Government may, as occasion requires, by order do anything which appears to it necessary for the purposes of removing the difficulty.
Provided that no order shall be made under this paragraph after the expiry of one year from the appointed day.[***][SCHEDULE D](See Section 453)Chapter I
Election RulesMunicipal Election Roll[1. Election Roll to be kept for public inspection. - Printed copies of the municipal election roll shall be kept for public inspection in the chief municipal office and such other places as [State Election Commissioner or an officer authorised by the State Election Commissioner] may think fit.]Elections of Councillors7. Dates of nominations. - (1) The nomination of candidates for general ward elections of councillors shall be fixed by the [State Election Commissioner or an officer authorised by the State Election Commissioner] to take place on such days in the three months immediately preceding the date on which the term of office of the councillors elected at the last preceding general elections is due to expire under section 6 as he shall think fit.
9A. Provisions regarding withdrawal of candidature - (1) After the list of validly nominated candidates is published under rule 9, any such candidate may withdraw his candidature by writing subscribed by him and delivered to the Returning Officer, before 3-00 p.m. of the last date of withdrawal of candidature. The notice in this beheld may be given by the candidate in person, or by his proposer or seconder or any other authorised person.
10. Deposit by candidates. - [(1) On or before the date appointed for the nomination of candidates for a ward election, each candidate shall deposit or cause to be deposited with the Returning Officer, in cash, a sum of five thousand rupees; and no candidate shall be deemed to be duly nominated unless such deposit has been made:
Provided that, where the candidate belongs to the Scheduled Castes or Scheduled Tribes or Backward Class of Citizens, or is a Woman, the amount of deposit shall be two thousand and five hundred rupees, if such candidate produces his Caste Certificate .issued by the Competent Authority and the Validly Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, Donotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000:Provided further that, where the candidate has filed more than one nomination papers for the same sent, it shall not be necessary to deposit a separate amount in respect of each nomination paper.]12. Provisions respecting contested ward elections. - With respect to the contested ward elections the following provisions shall have effect, namely :-
13. Hours of commencement and close of poll. - (1) The [State Election Commissioner or an officer authorised by the State Election Commissioner] shall fix the hour at which polling shall commence and the hour at which it shall close on the date fixed under rule 11 for taking a poll.
14. Polling stations and presiding officers. - (1) The [State Election Commissioner or an officer authorised by the State Election Commissioner]shall select for each ward as many polling stations as he thinks necessary and shall publish, in such manner as he deems sufficient, a list showing the polling stations so selected and the polling areas for which they have respectively been selected.
15. Duties of presiding officer. - (1) The presiding officer shall keep order at the polling station, shall see that the election is fairly conducted, shall regulate the number of electors to be admitted at one time, and shall exclude all other persons except, -
(a)the polling officers, the candidates and one agent of each candidate (hereinafter referred to as the polling agent) appointed in writing by the candidate and authorised in this behalf by the [State Election Commissioner or an officer authorised by the State Election Commissioner](b)the polling officers or other public servants on duty; and(c)such other persons as the presiding officer may from time to time admit for the purpose of identifying electors.[(2) The presiding officer shall close the polling station at the hours fixed in that behalf under rule 13, and shall not thereafter admit any elector into the polling station:Provided that, all electors present at the polling station before it is closed shall be allowed to cast their votes.16. Removal from polling station for misconduct. - If any person misconducts himself at a polling station or fails to obey the lawful orders of the presiding officer or the polling officer performing the duties of the presiding officer he may immediately, by order of the presiding officer or such polling officer, be removed from the polling station by any police officer or by any other person authorised in writing by the presiding officer or such polling officer to remove him; and the person so removed shall not, unless with the permission of the presiding officer or such polling officer, be allowed again to enter the polling station during the day:
Provided that this power shall not be exercised so as to prevent any elector who is otherwise entitled to vote at any polling station from having an opportunity of voting at such polling station.17. [* * * * * *]
18. Voting compartment. - Each polling station shall be furnished with such number of compartments, in which electors can record their votes screened from observation, as the [State Election Commissioner or an officer authorised by the State Election Commissioner] thinks necessary.
19. Supply of election materials and ballot boxes. - The [State Election Commissioner or an officer authorised by the State Election Commissioner] shall provide at each polling station materials sufficient for the purpose of enabling electors to mark the ballot papers, as many ballot boxes as may be necessary, and copies of the election roll or of such part thereof as contains the names of the electors entitled to vote at such polling station.
20. Sealing of ballot boxes. - Every ballot box shall be so constructed that the ballot papers can be introduced therein, but cannot be withdrawn therefrom, without the box being unlocked. The presiding officer at any polling station, immediately before the commencement of the poll, shall show the ballot box empty to such persons as may be present in such polling station, so that they may see that it is empty, and shall then lock it up and place his seal upon it in such manner as to prevent its being opened without breaking such seal, and shall place it in his view for the receipt of ballot papers and keep it so locked and sealed.
21. Procedure before ballot paper is delivered to elector. - Immediately before a ballot paper is delivered to an elector, the number, name and description of the elector, as stated in the election roll, shall be called out and the number of the elector shall be entered on the counterfoil, and a mark shall be placed in a copy of the election roll against the number of the elector, to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received. On the counterfoil shall be entered the name of the ward and the name or distinctive number of the polling station and the signature or thumb impression of the elector.
22. Voting. - The elector shall, on receiving the ballot paper, forthwith proceed to one of the compartments in the polling station, and [there, make a mark on the ballot paper with the instrument supplied for the purpose either at the place provided for putting a cross or on or near the name and symbol of the candidate for whom he intends to vote,] and fold it up so as to conceal his vote, and shall put his ballot paper, so folded up, into the ballot box. Every elector shall vote without undue delay and shall quit the polling station as soon as he has put his ballot paper into the ballot box.
23. Assistance to electors. - The presiding officer shall give such assistance as may be required to any elector who is by reason of infirmity or illiteracy unable to vote in the manner prescribed.
24. Identity of electors. - At any time before a ballot paper is delivered to an elector, the presiding officer or polling officer may, of his own accord, if he has reason to doubt the identity of the elector or his right to vote at such polling station, and shall, if so required by a candidate or polling agent, put to the elector the following questions :-
25. Form of ballot paper. - (1) The ballot paper shall be in Form B.
26. Tendered votes. - If the person representing himself to be a particular elector named on the election roll applies for a ballot paper after another person has voted as such elector, the applicant shall, after duly answering such questions as the presiding officer may ask, be entitled to mark a ballot paper in the same manner as any other elector. Such ballot paper (hereinafter referred to as a tendered ballot paper) shall, instead of being placed in the ballot box, be given to the presiding officer and endorsed by him with the name of the elector and his number on the election roll and the name of the ward to which the election roll relates, and shall be set aside in a separate packet and shall not be counted by the [Commissioner]. The name of the elector and his number on the election roll and the name or distinctive number of the polling station to which the election roll relates shall be entered in a list in Form C which shall bear the heading "Tendered Votes List". The person tendering such ballot paper shall sign his name and address thereon or, if he is unable to write, affix his thumb impression against the entry in that list.
27. Challenged votes. - If any polling agent declares and undertake to prove that any person by applying for a ballot paper has committed the offence of personation, the presiding officer may require such person to enter in the list of challenged votes (which shall be in Form D) his name and address or, if he is unable to write, to affix his thumb impression thereto and may further require such person to produce evidence of identification. If such person, on being questioned in the manner provided in rule 24, answers the first question in the affirmative and the other questions in the negative, he shall be allowed to vote after he has been informed of the penalty for personation. The presiding officer shall make a note of the circumstances and of his decision on the list, of challenged votes:
Provided that a deposit of Rs. 20 may be demanded for each such challenge which shall be forfeited if, on inquiry, the challenge is found to be frivolous and not made in good faith.28. Spoilt ballot papers. - An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot conveniently be used as a ballot paper may, on delivering it to the presiding officer and satisfying him of the inadvertence, obtain another ballot paper in place of the spoilt ballot paper, and the latter shall, together with its counterfoil be marked as cancelled by the presiding officer.
29. Voting by officers on duty at polling stations. - (1) A presiding officer, polling officer or polling agent [for other public servant, who is on any duty connected with the election at or near a polling station] at which he is not entitled to vote, shall, if he is certified by the [State Election Commissioner or an officer authorised by the State Election Commissioner] to be entitled to vote at the election for the ward in connection with which he is employed or for any other ward, be allowed to record his vote at that polling station. The name of the polling station at which he would otherwise have been entitled to vote shall be entered in the counterfoil of the ballot paper together with his number in the election roll for that ward in which that polling station is situate. A certificate issued under this rule shall be in Form E.
30. Despatch of ballot papers. - The presiding officer of each polling station, as soon as practicable after the close of the poll, shall, in the presence of any candidates or polling agents who may be present, make up into separate parcels and seal with his own seal and the seal of such candidates or agents as may desire to affix their seal :-
31. Statement to be sent to [State Election Commissioner or an officer authorised by the State Election Commissioner] with ballot papers. - The packets shall he accompanied by a statement in Form F made by the presiding officer, showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers in the ballot box, unused, spoilt and tendered ballot papers, and ballot papers dealt with under rule 29.
32. Postponement of poll, adjournment of poll. - Notwithstanding anything contained in this Act, the [State Election Commissioner or an officer authorised by the State Election Commissioner] may for sufficient cause to be recorded in writing, postpone the date or extend the period fixed for the polling. In emergencies such as disturbance of the public peace, the presiding officer may, with the previous approval of the [State Election Commissioner or an officer authorised by the State Election Commissioner] close the poll and announce an adjournment of the poll to a subsequent day.
The subsequent date to which polling is postponed or adjourned shall be notified in such mariner as the [State Election Commissioner or an officer authorised by the State Election Commissioner] thinks fit.Scrutiny and Counting of Votes and Declaration of Results33. Appointment of date, time and place for counting of votes. - The [State Election Commissioner or an officer authorised by the State Election Commissioner] shall, as soon as may be practicable after the close of the poll, give notice in writing to all candidates of the date, time and place fixed by him for the counting of votes.
34. Who may be present at the counting of votes. - (1) No person shall be allowed to be present at the counting of votes except the [State Election Commissioner or an officer authorised by the State Election Commissioner] and such persons as he may appoint to assist him in counting the votes, the candidates, and one representative of each candidate authorised in writing by the candidate in this behalf.
35. Procedure to be followed at the counting of votes. - On the day and at the time appointed under rule 33 the [State Election Commissioner or an officer authorised by the State Election Commissioner] shall proceed as follows :-
36. Grounds of rejection of ballot paper. - (1) A ballot paper shall be rejected if -
(a)the number of votes recorded thereon exceeds the number of seats to be filled;(b)no vote is recorded thereon;(c)more than one vote has been recorded against the name of any one candidate;(d)it is void for uncertainty;(e)it bears any mark by which the elector can be identified.37. Verification. - The [State Election Commissioner or an officer authorised by the State Election Commissioner] shall not open the sealed packets of the tendered votes, the marked copy of the election roll or the counterfoils of the ballot papers. He shall verify the statement submitted by the presiding officer under rule 31 by comparing it with the number of counted ballot papers and rejected ballot papers, the spoilt ballot papers and the ballot papers dealt with under rule 29, the unused ballot papers in his possession and the tendered votes list, shall then reclose and reseal each packet which has been opened by him, and shall record on each packet a description of its contents and the date of the election to which it refers.
38. Return. - The [State Election Commissioner or an officer authorised by the State Election Commissioner] shall then prepare and certify a return setting forth :-
39. Declaration of results of elections. - (1) The result of every election shall be declared by fixing, as soon as may be after the election, in some conspicuous place in the chief municipal office, a notice 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 under the signature of the [State Election Commissioner or an officer authorised by the State Election Commissioner]
40. Custody of election papers. - The [State Election Commissioner or an officer authorised by the State Election Commissioner] shall, after declaring the result, retain in his custody the packets and return referred to in rules 37 and 38 and all other documents relating to the election.
41. Production and inspection of election papers. - While in the custody of the [State Election Commissioner or an officer authorised by the State Election Commissioner] the packets of ballot papers, whether counted, rejected or tendered, of the counterfoils thereof, and of the marked copy of the election roll, shall not be opened and their contents shall not be inspected or produced except under the order of the Judge, but all other documents relating to the election shall be open to public inspection, subject to such conditions and to the payment of such fee as the Corporation may prescribe; and any person, on compliance with such conditions and on payment of such fee, shall be entitled to obtain a copy or copies thereof or any part thereof.
42. Destruction of election papers. - The packets referred to in rule 41 and all other documents relating to the election shall be retained for a period of one year, and shall thereafter be destroyed, subject to any directions to the contrary given by the Judge.
General Provisions43. Power of Commissioner or presiding officer to overlook printing or clerical errors in election roll. - If a question arises for the decision of the [State Election Commissioner or an officer authorised by the State Election Commissioner] or a presiding officer under these rules whether an entry in the election roll related to a particular person, the [State Election Commissioner or an officer authorised by the State Election Commissioner] or presiding officer, as the case may be may, for reasons to be recorded in writing, decide that the entry does or does not relate to the said person notwithstanding any clerical or printing errors therein.
[44. Powers of the State Election Commissioner to appoint and deploy the staff of corporation. - The State Election Commissioner shall appoint or deploy the officers and members of the staff of the Corporation for the preparation of electoral rolls, formation of wards and conduct of election of Corporation under these rules and such officers and members of the staff shall function under the superintendence, direction and control of the State Election Commissioner.]45. Powers of [State Election Commissioner or an officer authorised by the State Election Commissioner] in case of difficulty. - If any difficulty arises as to the holding of any election under this Act, the [State Election Commissioner or an officer authorised by the State Election Commissioner] may do anything not inconsistent with the Act or rules which appears to him to be necessary for the proper holding of the election.
46. Decisions given by [State Election Commissioner or an officer authorised by the State Election Commissioner] final. - Subject to the provisions of section 16 [* * *] all decisions given by the [State Election Commissioner or an officer authorised by the State Election Commissioner] under the powers conferred on him by the rules in this Chapter shall be final.
Chapter II
Proceedings Of The Corporation, Standing Committee, Transport Committee, Etc.Proceedings of the Corporation1. Provisions regulating Corporation's proceedings. - (a) There shall be in each month at least one ordinary meeting of the Corporation which shall be held not later than the twentieth day of the month;
2. Power to order withdrawal of councillor. - (1) The 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 and such councillor shall do so forthwith and shall absent himself during the remainder of the day's meeting.
3. Provisions regulating the proceedings of the Standing Committee. -
4. Meeting of Transport Committee. - (a) The Transport Committee shall meet for the despatch of business in the chief municipal office or at such other place as the Corporation may direct;
5. Right to ask questions. - (1) Any question concerning or connected with the administration of this Act or the municipal government of the City may be asked by a councillor subject to the following conditions
(a)not less than seven clear days' notice in writing specifying, the question shall be given to the Municipal Secretary;(b)no question shall be asked -(i)which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical proposition;(ii)which concerns or is connected with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of the Dominion of India;(iii)which relates to the character or conduct of any municipal officer or servant except in his official or public capacity; or(iv)which is, or by implication may be, defamatory of or which makes or implies a charge of a personal character against any person or community or section of any community.Chapter III
Method Of Appointment Of Certain Municipal Officers And Servants And Their Duties And PowersI. Method of appointment1. Manner of making appointment. - Save in the case of temporary appointment made under sub-section (7) of section 45 and in the case of acting appointments made under section 58 no person shall be appointed to any of the posts the power of appointment to which vests in the Corporation unless he possesses the qualifications prescribed in this behalf under rule 3.
2. Before making an appointment to any post referred to in rule 1 applications shall be invited for such post by advertisement in the local newspapers and the applications received shall be scrutinised by the Commissioner who shall submit to the Corporation, through a committee if so required by the Corporation a list arranged in order of preference of such persons out of those who have applied as he considers qualified for the post:
Provided that, if the Corporation is of the opinion that any officer in municipal service possessing the qualifications prescribed under rule 3 is a fit person to be appointed to the post, it may appoint such officer to the post without following the procedure prescribed in this rule.3. Subject to the provisions of this Act, the Corporation shall from time to time prescribe the qualifications required for each post, the power of appointment to vest in the Corporation, with the approval of the [State] Government, who may, in granting such approval make such modifications, in, or additions to the qualifications prescribed by the Corporation as it deems fit.
4. In the case of appointments made by any authority other than the Corporation no person shall be appointed except in a temporary or provisional capacity for a period not exceeding six months, unless he possess the qualifications specified in the regulations.
II. Chief Auditor5.
6.
7. If the Municipal Chief Auditor considers it desirable that the whole or any part of the audit applied to any accounts which he is required to audit, shall be conducted in the offices in which these accounts originate, he may require that these accounts, together with all books and documents having relation thereto, shall at all convenient times be made available in the said office for inspection.
8. The Municipal Chief Auditor shall have power to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him:
Provided that if the documents are confidential he shall be responsible for preventing disclosure of their contents.9. The Municipal Chief Auditor shall have authority to frame rules, and to give directions on all matters relating to audit, particularly in respect of the method and the extent of audit to be applied and the raising and pursuing of objections.
10. Sanctions to expenditure accorded by the Municipal Chief Auditor shall be audited by an officer to be nominated by the Corporation.
Chapter IV
Essential ServicesClass IChapter V
Contracts1. Mode of executing contracts. - (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)any such contract which would require to be under seal if it were entered into by the Commissioner shall be sealed with the common seal of the Corporation; and(b)every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding five hundred rupees or such higher amount as the Corporation, with the approval of the [State] Government, may from time to time prescribe shall be in writing and shall be sealed with the common seal of the Corporation in the manner prescribed in sub-rule (2), unless the contract relates to work which has already been performed or the supply of materials or goods which have already been supplied to the satisfaction of the Commissioner and the Commissioner by order in writing dispenses with the execution of a written instrument.2. Tenders to be invited for certain contracts. - (1) Except as is hereinafter otherwise provided, the Commissioner or any officer authorised by him in this behalf 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 [two lakhs] rupees or such higher amount as the Corporation may, with the approval of the [State] Government, from time to time prescribe, give notice by advertisement in the local newspapers, inviting tenders for such contract.
[Provided that, the notice of any tender for contract below the amount of two lakhs rupees shall be uploaded on the official website of the Corporation.]3. 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 rule 2 and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act.
4. Application of Chapter to contracts relating to Transport Undertaking. - The provisions of this Chapter shall, so far as may be, apply to contracts relating to the Transport Undertaking:
Provided that the functions to be performed thereunder by the Standing Committee or the members thereof and the Commissioner, shall be performed by the Transport Committee or the members thereof and the Transport Manager, as the case may be.Chapter VI
Special Funds1. Constitution of Fines Funds. - Fines collected under section 56 from municipal officers and servants other than those appointed under the provisions of Chapter XX shall be credited to a separate fund to be called "the Fines Fund" the proceeds of which shall be expended in promoting the well being of municipal officers and servants other than those appointed under the provisions of Chapter XX and for the payment of compassionate allowances, in accordance with such directions as the Standing Committee may from time to time give, to the surviving spouse or children, and in the absence of the surviving spouse or children, the parents, brothers and sisters, if any, of such officers and servants who die while in municipal service.
2. Constitution of Welfare Fund. - Amounts transferred to the Municipal Fund under the provisions of clause (c) of sub-section (1) of section 360 shall be credited to a special fund to be called "the Welfare Fund" and shall be expended in providing such benefits and amenities to municipal officers and servants, including those appointed under the provisions of Chapter XX, and to such members of their families and their dependents as the Standing Committee may from time to time determine.
3. Special funds may be created with the approval of Corporation. - (1) With the previous approval of the Corporation, all moneys payable from time to time to the credit of the Municipal Fund which expressly relate to an object for which it is deemed expedient to create a special fund shall be credited, and all expenditure which expressly relates to such object shall be debited, to a separate heading in the municipal accounts.
4. Institution of Transport Staff Benefit Fund. - Fines collected under section 56 from municipal officers and servants appointed under Chapter XX, donations from passengers, and the proceeds of the sale of unclaimed lost property recovered from vehicles of the Transport Undertaking shall be credited to a separate heading in the accounts of the Transport Undertaking to be called the Transport Staff Benefit Fund and the amounts so credited shall be expended in promoting the well being of such officers and servants and for the payment of compassionate allowances to the widows of such officers and servants who die while in municipal service and to such other relations of the officers and servants as the Transport Committee may from time to time determine.
5. Other special funds. - (1) With the previous approval of the Corporation, the Transport Committee may direct that any moneys payable from time to time to the credit of the Transport Fund which expressly relate to an object for which it is deemed expedient to create a special fund shall be credited, and all expenditure which expressly relates to such object shall be debited, to a separate heading in the accounts of the Transport Undertakings.
Chapter VII
Budgets1. Classification of budget heads. - The expenditure side of a budget estimate shall he classified under major heads, minor heads, subordinate heads and primary units:
2. Reductions or transfers. - (1) Subject to the provisions of sub-section (1) of section 101, the Corporation may, on the recommendation of the Standing Committee from time to time during an official year, sanction the transfer of any amount from one budget grant to another.
Chapter VIII
Taxation RulesNotice of transfer, etc., of premises assessable to Property taxes1. Notice to be given to Commissioner of all transfers of title of persons primarily liable to payment to property tax. - (1) Whenever the title of any person primarily liable for the payment of property taxes on any premises to or over such premises is transferred, the person whose title is so transferred and the person to whom the same shall be transferred shall, within three months after execution of the instrument of transfer, or after its registration, if it be registered, or after the transfer is effected, if no instrument be executed, give notice of such transfer, in writing to the Commissioner.
2. Form of notice [and fees payable for transfer of title]. - (1) The notice to be given under rule 1 shall be in such form as the Commissioner may from time to time by public notice specify and shall state clearly and correctly all the particulars required by the said form.
3. Liability for payment of property taxes to continue in the absence of any notice of transfer. - (1) If any person primarily liable for the payment of a property tax whose title to or over such premises is transferred fails to give notice of such transfer to the Commissioner, he shall, in addition to any other liability which he incurs through such neglect, continue liable for the payment of all property taxes from time to time payable in respect of the said premises until he gives such notice, or until the transfer shall have been recorded in the Commissioner's books.
4. Commissioner may call for information from Registrar. - (1) On the written request of the Commissioner, the Registrar or Sub-Registrar of the district or sub-district formed for the purposes of the [* * *] Registration Act, 1908, in which the City is situate shall furnish such particulars regarding the registration of instruments of transfer of title to immovable properties in the City as the Commissioner may from time to time specify.
5. Notice to be given to Commissioner of the erection of a new building, etc. - (1) When any new building is erected, or when any building is rebuilt or enlarged, or when any building which has been vacant is reoccupied, [or when there is change of user of part or whole of the building] the person primarily liable for the property taxes assessed on the building shall within fifteen days give notice thereof, in writing, to the Commissioner.
6. Notice to be given to the Commissioner of demolition or removal of a building. - (1) When any building or any portion of a building which is liable to the payment of a property tax is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said tax shall give notice thereof in writing to the Commissioner.
7. Rateable value how to be determined. - (1) In order to fix the rateable value of any building or land assessable to a property-tax, there shall be deducted from the amount of the annual rent for which such land or building might reasonably be expected to let from year to year a sum equal to ten per cent of the said annual rent, and the said deduction shall be in lieu of all allowances for repairs or on any other account whatever.
7A. Capital Value how to be determined. - (1) In order to fix the capital value of any building or land assessable to a property tax, the Commissioner shall have regard to the value of any building or land as indicated in the Stamp Duty Ready Reckoner for the time being in force as prepared under the Bombay Stamp (Determination of True Market Value of Property) Rules, 1995, framed under the provisions of the Bombay Stamp Act, 1958, [as a base value] or where the Stamp Duty Ready Reckoner does not indicate value of any properties in any particular area wherein a building or land in respect of which capital value is required to be determined is situate, or in case such Stamp Duty Ready Reckoner does not exist, then the Commissioner may fix the capital value of any building or land, [taking into consideration the market value of such building or land, as a base value. The Commissioner, while fixing the capital value as aforesaid, shall also have regard to the following factors, namely :-]
(a)the nature and type of the land and structure of the building;(b)area of land or carpet area of building;(c)user category, that is to say, (i) residential, (ii) commercial (shops or the like), (iii) offices, (iv) hotels (upto 4 stars), (v) hotels (more than 4 stars), (vi) banks, (vii) industries and factories, (viii) school and college building or building used for educational purposes, (ix) malls, and (x) any other building or land not covered by any of the above categories;(d)age of the building; or(e)such other factors as may be specified by Regulations made under sub-rule (2).8. Commissioner may call for information or return from owner or occupier or enter and inspect assessable premises. - (1) To enable him to determine the [rateable value or the capital value as the case may be] of any building or land and the person primarily liable for the payment of any property tax leviable in respect thereof, the Commissioner may require the owner or occupier of such building or land, or of any portion thereof, to furnish him, within such reasonable period as the Commissioner prescribes in this behalf, with information or with a written return signed by such owner or occupier, -
(a)as to the name and place of abode of the owner or occupier, or of both the owner and occupier of such building or land;(b)as to the dimensions of such building or land, or of any portion thereof and the rent, if any, obtained for such building or land, or any portion thereof; and(c)as to the actual cost or other specified details connected with the determination of the [rateable value or the capital value as the case may be] of such building or land.[(d) as to the details in respect of any or all the items as enumerated in clauses (a) to (e) of sub-rule (1) of rule 7A, in relation to such building or land or of any portion thereof.]9. Assessment book what to contain. - The Commissioner shall keep book, to be called "the assessment book", [in such form and manner as he may with the approval of the Standing Committee, decide] in which shall be entered every official year-
10. The assessment-book to be made separately for each ward and in parts, if necessary. - (1) The assessment-book may, if the Commissioner thinks fit, be made in separate books, called "ward assessment-books", one for each of the wards into which the City is for the time being divided for the [administrative purposes]; and each ward assessment-book may be divided into two or more parts for such purposes and with such several designations as the Commissioner shall determine.
11. Treatment of property which is let to two or more persons in separate occupancies. - (1) When any building or land is let to two or more persons holding in severally, the Commissioner may, for the purpose of assessing such building or land to the property taxes, either treat the whole thereof as one property, or, with the written consent of the owner of such building or land, treat each several holding therein or any two or more of such several holdings together, or each floor or flat as a separate property.
12. Procedure where name of person primarily liable for property-taxes cannot be ascertained. - (1) When the name of the person primarily liable for the payment of property-taxes in respect of any premises cannot be ascertained, it shall be sufficient to designate him in the assessment-book and in any notice which it may be necessary to serve upon the said person under this Act, "the holder" of such premises, without further description.
13. Public notice to be given when valuation of property in any ward has been completed. - (1) When the entries required by clauses (a), (b), (c) and (d) of rule 9 have been completed, as far as practicable, in any ward assessment-book, the Commissioner shall give public notice thereof and of the place where the ward assessment book, or a copy of it, may be inspected.
14. Assessment book to be open to inspection. - (1) Every person who reasonably claims to be the owner or occupier of some premises entered in the assessment-book or the agent of any such owner or occupier shall be permitted, free of charge, to inspect and to take extracts from any portion of the said book which relates to the said premises.
15. Time for filing complaints against valuations to be publicly announced. - (1) The Commissioner shall, at the time and in the manner prescribed in rule 13, give public notice of day, not being less than [twenty one days] from the publication of such notice, on or before which complaints against the amount of any rateable value [or the capital value, as the case may be] entered in the ward assessment-book will be received in his office.
16. Time and manner of filing complaints against valuation. - (1) Every complaint against the amount of any rateable value [or the capital value, as the case may be] entered in the assessment-book or against the mention of the name of any person as primarily liable for the payment of property taxes or against the treatment of any building or land as liable to be assessed to the general tax must be made by written application to the Commissioner; which shall be left at his office on or before the day or the latest day fixed in this behalf in the public or special notice aforesaid.
17. Notice to complainants of day fixed for investigating their complaints. - The Commissioner shall cause all complaints so received to be registered in a book to be kept for this purpose and shall give notice in writing, to which complainant, of the day, time and place when and whereat his complaint will be investigated.
18. Hearing of complaint. - (1) At the time and place so fixed, the Commissioner shall investigate and dispose of the complaint in the presence of the complainant, if he shall appear, and, if not, in his absence.
19. Authentication of ward assessment-books when all complaints have been disposed of. - (1) When all such complaints, if any, have been disposed of and the entries required by clause (e) of rule 9 have been completed in the ward assessment-book, the said book shall be authenticated by the Commissioner, who shall certify, under his signature, that except in the cases, if any, in which amendments have been made as shown therein, no valid objection has been made to the rateable values [or the capital value, as the case may be] entered in the said book.
20. Assessment-book may be amended by the Commissioner during the official year. - (1) Subject to the provisions of sub-rule (2), the Commissioner may upon representation of any person concerned or upon any other information at any time during the official year to which the assessment-book relates amend the same, -
(a)by inserting therein the name of any person whose name ought to be so inserted or any premises previously omitted;(b)by striking out the name of any person not liable to the property tax;(c)by increasing or reducing the amount of any rateable value [or the capital value, as the case may be] and of the assessment based thereupon;(d)by altering the assessment on any land or building which has been erroneously valued or assessed through fraud, accident or mistake;(e)by inserting or altering an entry in respect of any building erected, re-erected, altered, added to or reconstructed in whole or in part after the preparation of the assessment-book;(f)by making or cancelling any entry exempting any premises from liability to any property tax.21. New assessment-book need not be prepared every official year. - (1) It shall not be necessary to prepare a new assessment-book every official year. Subject to the provisions of sub-rule (2), the Commissioner may adopt the entries in the last preceding year's book with such alterations as he thinks fit, as the entries for each new year:
Provided that public notice shall be given in accordance with rules 13 and 15 every year and the provisions of the said rules and of rules 16 to 20, both inclusive, shall be applicable each year.22. Person responsible for the payment of the Tax on vehicles, boats and animals. - (1) The tax on vehicles, boats and animals shall be leviable from the owner of or person having possession or control of any vehicle, boat or animal in respect of which the said tax is leviable:
Provided that in the case of an animal generally used or employed in drawing any vehicle the tax in respect of such animal shall be leviable from the owner of, or the person having possession or control of, such vehicle, whether or not such animal is owned by such owner or person.23. Vehicle, boat and animal tax book to be kept. - (1) The Commissioner shall keep a book, in which shall be entered from time to time, -
(a)a list of the persons liable to pay any tax under rule 22;(b)a specification of the vehicles, boats and animals in respect of which the said persons are, respectively, liable to the said tax;(c)the amount of tax payable by each such person and the period for which it is payable;(d)the particulars of every composition made under section 144.24. Returns from owner of premises and persons liable to the tax. - (1) The owner of any premises let to or occupied by more than one person owning or having possession or control of vehicles, boats and animals liable to the payment of the tax on vehicles, boats and animals shall on or before the first day of April and the first day of October in each year furnish the Commissioner with a written return signed by such owner of the name and address of each of the said persons, and of the animals, boats and vehicles owned by or in the possession or under the control of each of the said persons kept upon such owner's premises.
25. Notice to be given to Commissioner by a person who becomes owner or possessed of a vehicle, boat or animal in respect of which liability arises, etc. - (1) Every person who becomes the owner or obtains possession or control of any vehicle, boat or animal in respect of which the said tax is leviable shall give notice in writing to the Commissioner within fifteen days after he has become the owner or has obtained possession or control of such vehicle, boat or animal, of the fact that he has become the owner or has obtained possession or control of such vehicle, boat or animal as the case may be.
27. Table of tolls to be affixed in a conspicuous position. - The Commissioner shall cause a table of the tolls for the time being leviable, specifying the amounts and the terms on which the liability to pay the toll may be compounded by periodical payments, to be printed in such language or languages as the Corporation may from time to time specify in this behalf, and to be affixed in a conspicuous position at every place at which the said toils are levied.
[28 and 29. ***]Collection of taxes30. Property-taxes, payable half-yearly in advance. - Each of the property-taxes shall be payable in advance in half-yearly instalments on each first day of April and each first day of October [as specified in a bill served under rule 39, 40 or 55].
31. Tax on vehicles boats and animals payable in advance. - (1) The tax on vehicle, boats and animals, including the tax payable under the proviso to clause (f) of sub-section (1) of section 143, shall be paid half-yearly in advance on each first day of April and each first day of October.
If in any half-year a vehicle, boat or animal becomes liable to such tax, such tax shall be leviable thereon from the earliest day in the half-year on which such vehicle, boat or animal so becomes liable and the amount of tax leviable for such half-year shall be, if such earliest day occurs -(a)in the first two months of such half-year, the whole tax for such half-year;(b)in the third or fourth month of such half-year, two-thirds of the tax for such half-year;(c)in the last two months of such half-year, one-third of the tax for such half- year, provided that no tax shall be leviable for such half-year if such earliest day occurs within the last twenty days of such half-year.32. Display of tokens, badges or disc on vehicles liable to tax on vehicles, boats and animals. - (1) Every person who pays the tax on vehicles, boats and animals in respect of any vehicle shall be given a token or badge or disc indicating clearly the period for which the tax has been paid and bearing a distinctive number and shall at all times display such token, badge or disc prominently on such vehicle.
33. Octroi payable on demand. - (1) Octroi shall be payable on demand.
34. Tolls payable on a demand. - (1) Tolls shall be payable on demand.
35. Collection of octroi and tolls how to be effected. - Octroi and tolls may be collected under the orders of the Commissioner by municipal officers and servants appointed in this behalf or, if the Commissioner thinks fit, may, with the approval of the Standing Committee, be framed by him for any period not exceeding one year at a time or be collected by or under the orders of any person whom the Commissioner, with the approval of the Standing Committee, appoints to be his agent for this purpose.
36. Theatre tax payable in advance. - Theatre tax shall be payable at the chief municipal office or at such other place or places as the Commissioner may from time to time appoint in this behalf at least twelve hours in advance of the commencement of the performance in respect of which the tax is due by the person responsible for the management of such performance.
37. Payment of Theatre Tax for series of performances in lump. - The Commissioner may arrange with any person liable for the payment of Theatre Tax in respect of a series of performances intended to be given of any amusement or entertainment for the payment by such person in one amount for such series extending over not more than one month at a time in lieu of separate payments for each performance.
38. Recovery of Theatre Tax in case of default. - If the Theatre Tax is not paid in respect of any performance the Commissioner shall, by written notice, call upon the defaulter to pay the amount due within such period as may be specified in the notice and may, if the payment is not made within the specified period, recover the amount by distress and sale of the moveable property or attachment and sale of the immoveable property of the defaulter as if the amount were a property tax due by him.
39. Presentation of bills for certain taxes. - (1) When any property tax or tax on vehicles, boats and animals or any tax declared by or under this Act to be recoverable in the manner provided for a property tax, or any instalment of any such tax shall become due, the Commissioner shall with the least practicable delay, cause to be served on the person liable for the payment thereof a bill for the sum due.
40. When one bill may be presented for several claims. - (1) All the sums due for each period for all or any of the property taxes by any one person on account of one and the same property shall be charged to such person in one bill and shall be recoverable from him in the lump:
Provided that nothing herein contained shall affect the liability of such person to any increased tax to which he may be assessed on account of the said property owing to a revision of the rateable value.42. Distress or attachment. - (1) If the person [liable for the payment of the tax for which a bill is served upon him does not pay the tax together with penalty or interest or both as required under the provisions of this Act to pay the same] on whom a notice of demand has been served under rule 41 does not within fifteen days from such service pay the sum demanded or show sufficient cause for non-payment of the same to the satisfaction of the Commissioner and if no appeal is preferred against the said tax, as hereinafter provided, such sum, with all costs of the recovery, may be levied under a warrant in Form H or to the like effect, to be issued by the Commissioner, by distress and sale of the moveable property of the defaulter or the attachment and sale of the immovable property of the defaulter or, if the defaulter be the occupier of any premises in respect of which property tax is due, by distress and sale of any moveable property found on the said premises or if the tax be due in respect of any vehicle, boat or animal, by distress and sale of such vehicle, boat or animal in whomsoevers' ownership, possession or control, the same may be.
[(2) Where the person liable to pay the tax according to the bill served upon him pays the tax as required under the provisions of this Act but does not pay the amount of penalty or interest or both either in whole or in part as may be due on the unpaid amount of tax, for such amount which has remained unpaid, a warrant in the form of Schedule H, mutatis mutandis, may be issued by the Commissioner in the same manner as if such sums were due on account of the tax.]43. Property of defaulter may be distrained or attached wherever found. - (1) Where any property of a defaulter or any vehicle, boat or animal liable to be distrained or attached is situate within the City, the warrant issued under rule 42 shall be addressed to an officer of the Corporation.
44. Warrant how to be executed in case of moveable property. - (1) It shall be lawful for the officer to whom a warrant for the distraint and sale of any moveable property issued under rule 42 is addressed or endorsed to break open at any time between sunrise and sunset any outer or inner door or window of any building, in order to make any distress directed in the warrant, if he has reasonable ground for believing that such building, contains property which is liable to seizure under the warrant, and if, after notifying his authority and purpose and duly demanding admittance, he cannot otherwise obtain admittance:
Provided that such officer shall not enter or break open the door of any apartment appropriated for women, until he has given such women an opportunity to remove.45. Warrant how to be executed in case of immovable property. - (1) When a warrant is issued under rule 42 for the attachment and sale of immovable property, the attachment shall be made by an order prohibiting the defaulter from transferring or charging the property in any way, and all persons from taking any benefit from such transfer or charge, and declaring that the property will be sold unless the [tax due, penalty or interest or both, if any, due and payable together] with the costs of recovery, are paid into the municipal office within [twenty one days]
[(2) Such order shall be proclaimed by fixing at some conspicuous part of the property and upon a conspicuous part of the municipal office and also, when the property is land, paying revenue to the State Government, in the office of the Collector.]46. Inventory and notice of distress and sale. - The officer charged with the execution of a warrant of distress shall forthwith make an inventory of the moveable property or vehicles, boats or animals which he seizes under such warrant and shall at, the same time give a written notice in Form I or in a similar form to the person in possession thereof at the time of seizure that the said property or vehicles, boats or animals will be sold as therein mentioned.
47. Sale. - (1) Where the property seized is subject to speedy and natural decay or when the expense of keeping it in custody together with the amount to be levied is likely to exceed its value, the Commissioner shall at once give notice to the person in whose possession the property was, when distrained, to the effect that it will be sold at once, and shall sell it accordingly unless the sum due and the costs of recovery are paid forthwith.
48. Sale outside City. - (1) Where the warrant is addressed outside the City, the Commissioner may by endorsement direct the person to whom the warrant is addressed to sell the property distrained or attached; and in such case it shall be lawful for such person to sell the property and to do all things incidental to the sale in accordance with the provisions of rule 47 and to exercise the powers and perform the duties of the Commissioner under the said rule in respect of such sale, except the power of suspending the warrant.
49. Special provisions in regard to non-payment of octroi or toll. - (1) In the case of non-payment of any octroi or any toll on demand by any person authorised in this behalf by the Commissioner such person may seize any goods on which the octroi is chargeable, or any vehicle or animal on which the toll is chargeable or any part of the burden of such vehicle or animal which is in his opinion of sufficient value to satisfy the demand together with the expenses incidental to the seizure, detention and eventual sale, if necessary, of such animal, goods, vehicles, burden or part thereof, and may detain the same. He shall thereupon give the person in possession of the vehicle, animal or thing seized a list of the property together with a written notice in Form I.
50. Fees for warrants issued, etc. - For every warrant issued, distraint or attachment made and for the maintenance of any animal seized fees shall be charged at such rates as the Corporation may from time to time specify with the sanction of the [State] Government and such fees shall be included in the costs of recovery.
[51. Penalty, fees or cost of recovery may be remitted. - The Commissioner may, in his discretion, remit the whole or any part of penalty under rule 41, or fees or cost of recovery under rule 50.]52. Attachment of rent due. - (1) Where a bill for any sum due on account of any property-tax is served upon an occupier of premises pursuant to sub-section (1) of section 140, the Commissioner may at the time of service or at any subsequent time cause to be served upon the occupier a notice requiring him to pay to the Corporation any rent due or falling due from him to the person primarily liable for the payment of the said tax to the extent necessary to satisfy the said sum due.
53. Summary proceedings may be taken against persons about to leave the City. - (1) If the Commissioner shall at any time have reason to believe that any person from whom any sum is due on account of any tax other than octroi or a toll or Theatre Tax is about forthwith to remove from the City, the Commissioner may direct the immediate payment by such person of the sum so due by him and cause a bill for the same to be served on him,
54. Defaulters may be sued for arrears, if necessary. - Instead of proceeding against a defaulter by distress, attachment and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a tax may be recovered from, him by a suit in any Court of competent,jurisdiction.
55. Special provisions for service of bills for taxes. - Notwithstanding anything contained in sections 472, 473 and 474, a bill for any municipal tax may be served upon the person liable therefor by sending it by ordinary post, under certificate of posting, in a prepaid letter addressed to such person at his last known abode or place of business in the City, and every bill so sent shall be deemed to have been served on the day following the day upon which the envelop or wrapper containing such bill was put in the post and, in proving such service, it shall be sufficient to prove that the envelope or wrapper, containing the bill was properly addressed and put in the post under certificate of posting.
[55A. Special provision for facility for payment of property taxes. - Any person who is liable to pay amount of taxes or any other dues under this Act may avail himself of the facility of making payment thereof in any bank or to any agency specified by the Corporation in this behalf by giving a public notice in two leading newspapers circulating within the area of jurisdiction of the Corporation; and the person availing himself of such facility shall be liable to pay such fees in respect thereof to such bank or agency, as the case may be, as may be determined by the Commissioner.]Refunds56. Refund of property taxes on account of vacancies. - (1) When any building or land or any portion of any premises which has been treated as a separate property for the purpose of assessment under any provision of this Act, has been vacant for not less than thirty consecutive days the Commissioner shall, subject to the provisions hereinafter contained, refund the amount of the water tax and conservancy tax, if any, paid for the number of days that such vacancy lasted.
57. Refund not claimable unless notice of vacancy is given to Commissioner. - (1) No refund of any property tax shall be claimed from the Commissioner, as aforesaid, unless notice in writing of the vacancy shall have been given by the person liable for the tax, or his agent, to the Commissioner.
58. Refund of water-tax inadmissible unless application for stopping water supply has been made. - No refund of water tax shall be claimable in respect of premises with a separate water connection unless a written application shall have been made to the Commissioner to stop the water supply to the vacant premises.
59. Applications for refund when and how to be made. - It shall be in the discretion of the Commissioner to disallow any claim for refund of any property tax unless application therefor is made to him in writing within thirty days after the expiry of the period to which the claim relates, [accompanied by the original receipt or any valid proof of payment of the amount of the bill presented to the applicant under rule 39, 40 or 55]
60. Refund of tax on vehicles, boats and animals when and to what extent obtainable. - (1) If the tax leviable on any vehicle, boat or animal in respect or any half-year has been paid and if during such half year such vehicle, boat or animal ceases to be kept within the City or, if kept outside, ceases to be used in the City or is destroyed or is otherwise rendered unfit for use or if such vehicle or boat has been under repairs or if such animal has been kept in any institution for the reception of infirm or disused animals or is certified by a Veterinary Surgeon to have become unfit for use and has not been used, the person who paid the tax leviable on such vehicle, boat or animal shall, subject to the provisions hereinafter contained, and, on the Commissioner or any officer authorised by him being satisfied in this behalf, be entitled to receive from the Commissioner, if the period in such half year for which such vehicle, boat or animal has not been kept in the City or has not been used, on account of such vehicle, boat or animal being destroyed or rendered unfit for use or on account of such vehicle or boat being under repairs or such animal being kept in any institution for the reception of infirm or disused animals or such animal having been certified by a Veterinary Surgeon to have become unfit for use, is -
(a)not less than one hundred and seventy days, the full amount of tax paid,(b)not less than one hundred and fifty days, three-fourths of the tax paid,(c)not less than one hundred and twenty days, two-thirds of the tax paid,(d)not less than ninety days, one-half of the tax paid,(e)not less than sixty days, one-third of the tax paid. No refund of the tax shall be granted if such period is less than sixty days.61. Refund not claimable unless notice is given to Commissioner. - (1) No refund of the tax shall be claimable from the Commissioner under rule 60 unless notice in writing of the occurrence of the circumstances giving rise to such claim or of the commencement of circumstances which may give rise to such claim has been given to the Commissioner by the person who paid the tax or his agent.
62. Refund of octroi or toll on export. - Subject to the standing orders, not less than ninety per cent of the octroi paid on any goods shall be refunded if such goods are exported beyond the limits of the City within six months of payment:
Provided that -63. Refunds of Theatre Tax. - (1) The Commissioner shall refund the amount of the Theatre-Tax paid in respect of a particular performance if he is satisfied on the evidence placed before him and after such further inquiry, if any, as he may deem necessary -
(a)that such performance did not actually take place and that the amount, if any, collected from intending spectators has been refunded in full; or(b)that the whole of the net proceeds of such performance are devoted to a public charitable purpose and that the whole of the expenses of such performance do not exceed twenty percent of the gross receipts.Chapter IX
Drainage And Drainage Works1. Buildings etc., not to be erected without permission over municipal drains. - (1) Without the written permission of the Commissioner, no building, wall or other structure shall be newly erected, and no street or minor railway shall be constructed over any municipal drain.
2. Buildings etc., not to be erected without permission over any drains. - (1) Without the written permission of the Commissioner, no building, wall or other structure shall be newly erected over any drain other than a municipal drain except as may be required under sub-rule (3).
3. Drains not to pass beneath buildings. - Except with the written permission of the Commissioner, and in conformity with such conditions as shall be prescribed by the Standing Committee generally in this behalf, no drain shall be so constructed as to pass beneath any part of a building.
4. Provision of troughs and pipes to receive water from roofs of buildings. - The Commissioner may, by notice in writing, require the owner of any building in any street to put up and maintain in good condition proper and sufficient troughs and pipes for receiving and carrying the water from the roof and other parts of the building and for discharging the water so that it shall not fall upon any street or damage any street or other property vested in the Corporation.
Drains of Private Streets and Drainage of Premises5. Power to connect drains of private street with municipal drains. - (a) The owner of a private street before commencing to construct and drain of such street to connect with a municipal drain shall submit to the Commissioner a plan of the street, bearing the signature of a licensed surveyor in token of its having beer made by him or under his supervision, and drawn to such a convenient scale as the Commissioner shall require and there shall be shown on such plan the position, course and dimensions of the proposed drain, with a section or sections, thereof, and such other particulars in relations thereto as the Commissioner shall deem necessary and require, and no such drain shall be proceeded with without the approval in writing or contrary to the direction of the Commissioner;
6. Drainage of courtyards and compounds appurtenant to, or giving access to buildings. - If any courtyard or compound appurtenant to, or any passage giving access to, a building is not so formed, flagged, asphalted or paved or is not provided with such works on, above or below its surface as to allow of the satisfactory drainage of its surface or sub-soil to a proper outfall, the Commissioner may by written notice require the owner of the building to execute such works as may in the opinion of the Commissioner be necessary to remove the defect.
Explanation. - This rule shall also apply in relation to any courtyard, compound or passage which is used in common by the occupier of two or more buildings but is not a public street.7. Special provisions relating to trade effluent. - (1) No trade effluent shall be discharged from any trade premises into a municipal drain otherwise than in accordance with a written notice, hereinafter referred to as "a trade effluent notice" served on the Commissioner by the owner or occupier of the premises, stating -
(a)the nature or composition of the trade effluent;(b)the maximum quantity of the trade effluent which it is proposed to discharge in any one day; and(c)the highest rate at which it is proposed to discharge the trade effluent, and no trade effluent shall be discharged in accordance with such a notice until the expiration of a period of two months or such less time as may be agreed to by the Commissioner, from the day on which the notice is served on the Commissioner hereinafter referred to as "the initial period".8. Position of cesspools. - No person shall construct a cesspool -
9. All drains and cesspools to be properly covered and ventilated. - (1) Every drain and cesspool, whether belonging to the Corporation or to any other person, shall be provided with proper traps and coverings and with proper means of ventilation.
10. Excrementitious matter not to be passed into cesspool. - No person shall, except with the permission of the Commissioner, pass or cause or permit to be passed any excrementitious matter into any cesspool made or used under the provisions of this Act or into any drain communicating with any such cesspool.
11. Power of Commissioner to require adequate water-closet and other accommodation to be made. - (1) Where any premises are without a water-closet, or privies, or urinal, or bathing or washing place or if the Commissioner is of opinion that the existing water-closet, or privies, or urinal, or bathing or washing place accommodation available for the persons occupying or employed in any premises is insufficient, inefficient or on any sanitary grounds objectionable, the Commissioner may, by written notice, require the owner of such premises :-
(a)to provide such, or such additional, water-closet, privies, urinal or bathing or place accommodation as he prescribes;(b)to make such structural or other alterations in the existing water-closets privies, urinal, or bathing or washing place accommodation as he prescribes; or(c)to substitute water-closet accommodation for any privies accommodation.12. Power to require privies accommodation to be provided for factories, etc. - Where it appears to the Commissioner that any premises are, or are intended to be used as a market, school or theatre or other place of public resort or as a place in which persons exceeding ten in number are employed in any manufacture, trade or business or as workmen or labourers, the Commissioner may, by written notice, require the owner or occupier of the said premises to construct a sufficient number of water-closets or latrines or privies and urinals for the separate use of each sex and to cause the same to be kept in proper order and to be daily cleaned.
13. Power of Commissioner as to unhealthy privies. - Where the Commissioner is of opinion that any privies is likely, by reason of its not being sufficiently detached from any building, to cause injury to the health of any person occupying such building, the Commissioner, with the previous, approval of the Standing Committee, may, by written notice, require the owner or occupier of the premises in or on which such privies is situated either :-
14. Provisions as to privies. - (1) The owner or occupier of any premises on which there is a privies, shall -
(a)have between such privies and any building or place used or intended to be used for human habitation, or in which any person may be or may be intended to be employed in any manufacture, trade or business, an air space of at least three feet in width and open to the sky;(b)have such privies shut off by a sufficient roof and wall, or fence, from the view of persons dwelling in the neighbourhood or passing by;(c)unless and except for such period as he shall be permitted by the Commissioner as hereinafter provided to continue any existing door or trap-door, close up and not keep any door or trap-door in such privies opening on to a street;Provided that -15. Provisions as to water-closets. - The owner or occupier of any premises on which there is a water-closet shall -
16. Position of privies and water-closets - No person shall build a privies or water-closet in such a apposition or manner as -
17. Control over water-closets, etc., in, or accessible from streets. - (1) No public water-closet, privies or urinal other than a water-closet, privies or urinal erected within railway premises or erected by the Government shall be erected in, or so as to be accessible from, any street without the consent of the Commissioner who may, in giving his consent, impose such terms as to the use of the water-closet, privies or urinal and as to its removal at any time, if required by him, as he thinks fit.
18. Use of places for bathing or washing clothes or domestic utensils. - No person shall use or permit to be used as a bathing place, or as a place for washing clothes or domestic utensils, any part of any premises which has not been provided with such floor as the Commissioner considers suitable and with all such appliances and fittings as shall, in the opinion of the Commissioner, be necessary for collecting the drainage thereof and conveying the same therefrom.
19. Work to be done by licensed plumber; permission to use as drain. - (1) No person other than a licensed plumber shall execute any work described in this Chapter or in Chapter XII of this Act and no person shall permit any such work to be executed except by a licensed plumber:
Provided that if, in the opinion of the Commissioner; the work is of a trivial nature, he may, grant permission in writing for the execution of such work by a person other than a licensed plumber.20. Erection of shafts, etc. for ventilation of drains or cesspools.:-Any shaft or pipe erected or affixed by the Commissioner for the purposes of ventilating 'any drain or cesspool under section 175 shall -
Chapter X
Water Supply1. Definitions. - In this Chapter, unless there is anything repugnant in the subject or context, -
2. Conditions on which private water supply may be provided. - (1) Subject to the provisions of sub-rules (2), (3) and (4), supply pipes for conveying to any premises a private supply of water from a municipal water work shall not be connected with such water work except on the written application or with the written assent of the owner of the premises, or of the person primarily liable for the payment of property-taxes on the said premises.
3. Making and renewing connection with municipal water works. - (1) No connection with any municipal water work shall be made or renewed -
(a)except by a municipal officer or servant empowered in that behalf by the Commissioner; and(b)until the certificate specified in sub-rule (4) has been given.4. Commissioner may take charge of private connections. - (1) The Commissioner may, by agreement with a consumer, take charge on behalf of the Corporation of all or any of the consumer's pipes and fittings :
Provided that if any of such pipes or fittings are communication pipes or fittings only not vesting in the Corporation, the Commissioner may, if he thinks fit, take charge of the same without such agreement.5. Power of Commissioner to alter position of connections. - The Commissioner may, if at any time he deems it expedient to alter the position of an existing connection with any municipal water work, or of any consumer's pipe or fitting thereof, and after giving to the owner of such connection, pipe or fitting not less than four days' previous notice of his intention so to do, cause the said connection, pipe or fitting to be moved to such other position as he thinks fit and relaid and applied or others to be laid and applied in lieu thereof, in such position as he may direct; and in every such case all such work shall be carried out at the expense of the Municipal Fund and such new connection, pipe and fitting shall thereafter vest in the Corporation and be maintained at the charge of the Municipal Fund as a municipal water work.
6. Provisions as to cisterns and other fittings, etc. to be used for connections with water-work. - (1) The Commissioner may, whenever it shall appear to him to be necessary, by written notice require the owner of any premises furnished with a private water supply from any municipal water work to provide such premises within a reasonable period, which shall be prescribed in the said notice, with cisterns and fittings of such size, material, quality and description and placed in such position and with such safe and easy means of access as he thinks fit.
7. Provision for keeping cisterns locked. - (1) The Commissioner may, by written notice, require the owner of any premises furnished with a cistern or in respect of which the Commissioner has required a cistern to be furnished, to provide such cistern with a lock and key of such pattern, material and quality as the Commissioner shall in such notice prescribe, and may in like manner require any lock or key found to be defective on an inspection under rule 11 to be replaced.
8. Communication pipes to be kept in efficient repair by owner or occupier of premises. - (1) It shall be incumbent on the owner or occupier of any premises to which a private water supply is furnished from any municipal water-work, to keep in a thoroughly clean condition and to maintain and keep in efficient repair every supply and distributing pipe conveying water from the said water work to such premises and every meter for measuring water, not being a municipal meter and every cistern and fitting in or connected with any such pipe, so as effectually to prevent the water from running to waste.
9. Provision of meters when water is supplied by measurement. - (1) Where water is supplied by measurement, the Commissioner may either provide a meter and charge the consumer for the same such rent as shall from time to time be prescribed in this behalf by the Standing Committee or may permit the consumer to provide a meter of his own of such size, material and description as the Commissioner shall approve for this purpose.
10. Register of meter to be evidence. - Where water is supplied by measurement the register of the meter or other instrument for measuring water shall be prima facie evidence of the quantity consumed.
Inspection11. Commissioner, etc. may inspect premises in order to examine meter, communication pipes, etc. - (1) The Commissioner may make an inspection of any premises to which a private water supply is furnished by the Corporation, in order -
(a)to remove, test, examine and replace any meter for measuring water;(b)to examine any supply or distributing pipe, cistern, lock or fitting; or(c)to see if there be any waste or misuse of water.12. Power to cut off private water supply or to turn off water. - (1) The Commissioner may cut off the connection between any municipal water-work and any premises to which a private water-supply is furnished by the Corporation to turn off the water from such premises in any of the following cases, namely :-
(a)in default of payment of any instalment of water-tax or of any sum due for water or hire of meter or expenses of any work done under or by virtue of the provisions of rule 3, 9 or 17 within one month after a notice of demand for such tax or sum has been duly served;(b)if the owner of the premises neglects within the period prescribed in this behalf in any notice given under sub-rule (1), (2) or (3) of rule 6 or under rule 7, to comply with any requisition made to him by the Commissioner regarding the provision of any cistern, fitting lock or key or any means of access to such cistern or the removal of any cistern;(c)if the owner or occupier of the premises fails within the period prescribed in this behalf in any notice given under sub-rule (2) of rule 11, to comply with the terms of such notice or fails to use articles of the kind prescribed under sub-rule (5) of rule 6;(d)if after receipt of a written notice from the Commissioner requiring him to refrain from so doing, the owner or occupier of the premises continues:-(i)to use the water, or to permit the same to be used, in contravention of any bye-law or of any condition prescribed under sub-section (2) of section 134 or under any other provision of this Act;(ii)when payment for the water is made not by measurement to permit any person not residing on premises in respect of which water-tax is paid or payment for the water supplied is made according to the size of the connection to carry away from such owner's or occupier's premises water derived from the municipal water-work;(e)if the owner or occupier of the premises wilfully or negligently injures or damages any meter, pipe, cistern or fitting or lock thereof in such premises;(f)if the owner or occupier of the premises fails to comply with any requisition made on him by the Commissioner under sub-rule (2) of rule 18 to furnish the name of the licensed plumber;(g)if the premises are declared to be unfit for human habitation under the provisions of this Act;(h)if excessive waste of water is taking place within any premises on account of damage to water-mains caused by accident or otherwise;(i)if any communication pipes or fittings have been laid, applied, added to or altered in contravention of the provisions of rule 6;Provided that -(i)in any case under clause (a) the Commissioner shall not take action unless not less than one month previously a copy of the notice of demand in respect of the tax or sum has been affixed at a conspicuous part of the premises;(ii)in any case falling under clause (b), the Commissioner shall not take action unless not less than fifteen days previously a copy of the notice under sub-rule (1), (2) or (3) or rule 6, or under rule 7, as the case may be, has been affixed, to a conspicuous part of the premises;(iii)in other cases the Commissioner shall not take action unless written notice of not less than twenty-four hours has been given to the owner or occupier of the premises.13. Prohibition of fraud in respect of meters. - (1) No person shall fraudulently -
(a)alter the index to any meter or prevent any meter from duly registering the quantity of water supplied;(b)abstract or use water before it has been registered by a meter set up for the purpose of measuring the same.14. Prohibition of wilful or neglectful acts relating to water works. - No person shall wilfully or negligently -
15. Compensation to be payable by offenders against rule 13 or 14. - Compensation shall be paid by the offender for any damage which the Corporation sustains by reason of any contravention of rule 13 or rule 14.
16. What persons to be liable for offences under certain provisions of this Act. - If it shall be shown that an offence against some provision of this Act or against some rule or bye-law relating to water-supply has occurred on any premises to which a private supply of water is furnished by the Corporation, the owner, the person primarily liable for the payment of water tax and the occupier of the said premises shall be jointly and severally liable for the same.
17. Commissioner may execute work under this Chapter without allowing option to persons concerned of executing the same. - (1) The Commissioner may, if he thinks fit, cause any work described in this Chapter to be executed or any cistern to be supplied with a lock and key by municipal or other agency under his own orders, without first of all giving the person by whom the same would otherwise have to be executed or supplied the option of doing or supplying the same.
18. Work under this Chapter to be done by licensed plumber. - (1) No person other than a licensed plumber shall execute any work described in this Chapter, other than the provision of a lock and key and no person shall permit any such work to be executed except by a licensed plumber.
Chapter XI
StreetsI. Sky-signs1. Interpretation of sky-sign. - (1) For the purposes of section 244 the expression "sky-sign" means any word, letter, model, sign, device or representation in the nature of an advertisement, announcement or direction, supported on or attached to any post, pole, standard framework or other support, wholly or in part upon or over any land, building or structure which, or any part of which sky-sign, shall be visible against the sky from some point in any street and includes all and every part of any such post, poLe, standard frame-work or support. It shall also include any balloon, parachute or other similar device employed wholly or in part for the purposes of any advertisement, announcement or direction upon or over any land, building or structure or upon or over any street.
2. Naming or numbering of streets, and numbering of [Premises]. - (1) The Commissioner may, from time to time, -
(a)with the sanction of the Corporation, determine the name or number by which any street for any public place vested in the Corporation shall be known;(b)cause to be put up or painted on a conspicuous part of any house at or near each end, corner or entrance to such street and at intervals along such street or on some convenient part of such street, the name or number of such street as so determined;(c)cause to be put up or painted suitable signs or boards indicating the name of any public place vested in the Corporation;(d)determine the number or sub-number by which any premises or part of such premises shall be known;[(e) by written notice require the owner of any premises or part thereof either to put up by means of a metal plate a number or sub-number on such premises or part thereof on such position and manners as may be specified in such notice or to signify in writing his desire that such work shall be executed under the orders of the Commissioner;]Explanation. - The provisions of this sub-rule shall apply to the renewal of the name or number of any street or public place or the number or sub-number of any premises, or part thereof, or the obliteration or defacement of such name or number as it applies to the putting up or painting of such came of number for the first time.3. Information which may be called for from persons giving notice under section 217. - For the purposes of section 218, the Commissioner may call for from the persons giving notice under section 217 all or any of the following documents :-
Chapter XII
Buildings Regulations And Building Loans1. Additional information and the attendance of the person who gave the notice may be required. - (1) If the notice given and the documents furnished under section 253 or section 254 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, the Commissioner may, at any time within thirty days after receipt of the said documents, by written notice, require the production of such further particulars and details as he deems necessary.
2. Printed forms of notices to be supplied to the public. - The Commissioner shall cause printed forms of notices for the purpose of section 253 or 254 to be delivered to any persons requiring the same on payment of such fee for each form as shall from time to time be prescribed in this behalf by the Commissioner with the approval of the Standing Committee.
3. When building or work may be proceeded with. - If within thirty days after receipt of any notice under section 253 or 254, or further information, if any, called for under rule 1, the Commissioner does not issue an order under sub-rule (1), or sub-rule (2) of rule 5 or fails to intimate in writing to the person who has given the said notice his disapproval of the building which the said person proposes to erect, or of the work which he proposes to execute;
or if, within the said period, the Commissioner signifies in writing to the said person his approval of the said building or work;the said person may, subject to the provisions of sub-rules (3) and (4) of rule 5, at any time within one year from the date of the delivery of the notice to the Commissioner, proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any rule or bye-law.4. Building work which is disapproved by the Commissioner may be proceeded with subject to terms or shall not he proceeded with. - (1) If the Commissioner disapproves of any building or work of which notice has been given as aforesaid or of any portion or detail thereof, by reason that the same will contravene some provision of this Act or some rule or bye-law or will be unsafe, he shall within thirty days of the receipt of the notice or of the plan, section, description or further information, if any, called for under rule 1 by a written notice intimate to the person who gave the notice first hereinbefore in this rule mentioned, his said disapproval and the reason for the same, and prescribe terms subject to which the building or work may be proceeded with, or intimate that the works shall not be proceeded with.
5. Power to the Commissioner to withhold disposal of plans in certain circumstances. - (1) Notwithstanding anything contained in rules 3 and 4, if in any case it appears to the Commissioner that public improvements, which may render necessary the acquisition of the site of any building or work or any part of such site, are desirable and expedient, he may by order in writing direct that no further action should be taken in pursuance of a notice given under section 253 or section 254 for a period not exceeding three months from the date of such notice.
6. When work may be commenced. - (1) No person shall commence to erect a new building or to execute any such work as is described in section 254 -
(a)until he has given notice of his intention, as hereinbefore required, to erect such a building or execute such work and the Commissioner has either intimated his approval of such building or work or failed to intimate his disapproval thereof within the period prescribed in this behalf in rule 3 or 4:Provided that the provisions of rule 5 shall be taken into account in computing such period;(b)until he has given notice to the city Engineer of the proposed date of commencement:Provided that if the commencement does not take place within seven clear days of the date so notified the notice shall be deemed not to have been given;(c)until he has made such sanitary arrangements as the Commissioner may require for the workmen employed on the work;(d)after the expiry of the period of one year prescribed in rules 3 and 4 respectively for proceeding with the same or after the expiry of the period of one year from the date of the suspension or stoppage of such work when it is once commenced.7. Provisions as to buildings which are to be newly erected. - With respect to building which are to be newly erected the following provisions, in addition to the provisions of the bye-laws for the time being in force shall have effect, namely :-
8. Provisions of sufficient means of egress. - (1) Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of sale exist in the event of fire, or are by any cause rendered inadequate he may, by written notice, require the owner or occupier of the building to alter or reconstruct any existing staircase, lobby, passage or landing in such manner and with such materials or to provide such additional or emergency staircase or exits as he may prescribe.
9. Inspection and occupation of buildings after completion. - For the purposes of section 263 -
10. Building not to be converted to other purposes without permission of Commissioner. - No person shall, without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission-
11. Alteration in buildings causing infringement of any rule or bye-law not to be carried out. - No person shall make, any alteration whatsoever in an existing building if the result of such alteration is that the requirements of this Act or of the rules or bye-laws are contravened, notwithstanding that such alteration in itself does not require the permission or sanction of any authority under this Act.
12. Roofs and external walls of buildings not to be of inflammable materials. - (1) No external wall and no covering of a roof built or renewed since the appointed day shall, except with the written permission of the Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other inflammable material.
13. Staircases, etc., to be lighted at night. - Where any staircase, passage or private court of or in a building divided into two or more separate tenements or the spaces near or leading to latrines or urinals or washing places therein are without any means of lighting at night time and of extinguishing such light or if the Commissioner is of opinion that the existing means of lighting a staircase, passage or private court of or in any such building or the spaces near or leading to latrines or urinals or washing places therein available for the persons occupying or employed in such building or the means of extinguishing any such light are insufficient the Commissioner may, by written notice, require the owner of such building -
14. Inspection of buildings by day or by night. - Any municipal officer or servant authorised by the Commissioner in this behalf may at any time between sunrise and sunset or upto 10 p.m. by night without notice enter any building for the purpose of ascertaining whether there is any contravention of the terms of any notice given under rule 13.
Building Loans15. Power of Commissioner to make advances for the purposes of increasing housing accommodation. - (1) Subject to the provisions of this Act, the Commissioner may, with the previous sanction of the Standing Committee, advance loans to persons or bodies or persons -
(a)constructing or altering or undertaking to construct or alter building intended for the poorer sections of the community;(b)carrying out or undertaking to carry out repairs to such building in cases where the Commissioner considers that, having regard to the cost of those repairs or the financial position of the applicant, it is reasonable to give such assistance.Chapter XIII
Powers Of Fire-Brigade OfficersPowers of fire brigade officers at a fireOn the occasion of a fire the Chief or any other officer in charge of the fire-brigade may do all or any of the following acts :-Chapter XIV
Sanitary ProvisionsScavenging and Cleansing1. Duty of owners and occupiers to collect and deposit dust, etc. - (1) It shall be incumbent on the owners and occupiers of all premises to cause all dust, ashes, refuse, rubbish and trade refuse to be collected from their respective premises and to be deposited at such times in such manner and with such precautions as the Commissioner, by public notice, from time to time determines in the public receptacle, depot or place provided or appointed under section 292 for the temporary deposit or final disposal thereof:
Provided that the Commissioner may, if he thinks fit, by written notice, require the occupier and owner of any premises or either of them to cause all dust, ashes, refuse and rubbish, but not trade refuse, to be collected daily, or otherwise periodically from the said premises and deposited temporarily upon any place forming the part of the said premises which the Commissioner appoints in this behalf, and it shall be incumbent on the said occupier and owner or either of them to cause the said matters to be collected and deposited accordingly.2. Collection and removal of excrementitious and polluted matter when to be provided for by occupiers. - It shall be incumbent on the occupier of any premises situate in portion of the city for which the Commissioner has not given a public notice under clause (a) of sub-section (1) of section 131 and in which there is not a water-closet or privies connected with a municipal drain, to cause all excrementitious and polluted matter accumulating upon his premises to be collected and to be conveyed to the nearest receptacle or depot provided for this purpose, under clause (d) of section 292, at such times, in such vehicle or vessel, by such route and with such precautions, as the Commissioner by public notice from time to time specifies.
3. Prohibition of failure to remove refuse, etc., when bound to do so. - No person -
4. Presumption as to offender under [clause (e)] of rule 3. - If it shall in any case be shown that dust, ashes, reruse, rubbish or trade refuse or any excrementitious or polluted matter, has or have been thrown or placed in any street or place in contravention of [clause (e)] of rule 3 from some building or land, it shall be presumed, until the contrary is proved, that the said offence has been committed by the occupier of the said building or land.
5. Removal of rubbish and filth accumulating in large quantities on premises. - (1) If any person who is bound under rule 1 to cause the collection and deposit of dust, ashes, refuse, rubbish and trade refuse or- under rule 2 to cause the collection and removal of excrementitious and polluted matter shall allow the same to accumulate on his premises for more than twenty-four hours or shall keep the same otherwise than in a proper receptacle or shall neglect to cause the same to be removed to the receptacle, depot or place provided or appointed for the purpose, the Commissioner, may, in addition to the institution of any proceeding provided for in this Act, by written notice require such person to collect forthwith all such dust, ashes, refuse, rubbish and trade refuse or excrementitious or polluted matter accumulated thereon and remove the same forthwith in the manner and to the place provided by or under this Act.
6. Contract with owner or occupier for removal of rubbish or Filth. - The Commissioner may contract with the owner or occupier of any premises to remove rubbish or filth from such premises in such terms as to time and period of removal and other matters as may seem suitable to the Commissioner, and on payment of fees at such rate as the Corporation may determine.
Inspection and Sanitary Regulation of Premises7. Removal of building materials from any premises may be required. - If it shall appear to the Commissioner that any tiles, stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises without the written permission of the Commissioner, in such quantity or bulk or in such a way as to constitute a harbourage or breeding place for rats or other vermin or otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof, the Commissioner may, by written notice, require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same, as shall in the opinion of the Commissioner be necessary or expedient to abate the nuisance or prevent a recurrence thereof.
8. Measures against rats, etc., may be required in respect of premises used for storage of goods. - Where it appears to the Commissioner that any building or part thereof used for the storage or of goods is used in such manner as to afford harbourage to rats, mice or other animals susceptible to plague or other vermin, he may require the owner or occupier by written notice to take such steps for the destruction of the rats, mice or other animals or other vermin as are specified in the notice or to carry out such works as will render the walls and floors of such building or part of a building proof against such infestation.
9. Abandoned to unoccupied premises. - If any premises, by reason of abandonment or disputed ownership or any other reason, remain untenanted or unoccupied and thereby become a resort of disorderly persons or, in the opinion of the Commissioner, a nuisance, the Commissioner, after such inquiry as he deems necessary, may give written notice to the owner of such premises, if he be known and resident within the city, or to any person who is known or believed to claim to be the owner, if such person is resident within the City, and shall also affix a copy of the said notice on some conspicuous part of the said premises, requiring all persons having any right or property or interest therein to take such order with the said premises as shall in the opinion of the Commissioner be necessary to prevent the same from being resorted to as aforesaid or from continuing to be a nuisance.
10. Neglected premises or private streets. - (1) If it shall appear to the Commissioner that any premises are overgrown with rank and noisome vegetation or trees or undergrowth injurious to health or offensive to neighbouring inhabitants or are otherwise in an unwholesome or filthy condition or, by reason of their not being properly enclosed, are resorted to by the public for purposes of nature, or are otherwise a nuisance to the neighbouring inhabitants, the Commissioner may, by written notice, require the owner or occupier of such premises to cleanse, clear or enclose the same or, with the approval of the Standing Committee, may require hire to take such other order with the same as the Commissioner thinks necessary.
11. Nuisance arising from defective roof or from dampness rising through ground floor surface or through walls. - (1) If it shall appear to the, Commissioner that any building or any part of a building is in such a state as to constitute a nuisance or to be likely to give rise to one by reason of rain water leaking from its roof or any part of its roof, or by reason of dampness rising through its ground floor surface or through its walls, the Commissioner may, by notice in writing require the owner of such buildings to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing the acts to be specified in the notice.
12. Power of Commissioner to call for statement of accommodation. - (1) The owner of a building shall, within a period of seven days after receipt of a written notice from the Commissioner, sign and give a certificate of the following particulars with respect to such building or any part thereof :-
(a)the total number of rooms in the building;(b)the length, breadth and height of each room; and(c)the name of the person to whom he has let the building or each part of the building occupied as a separate tenement.13. Nuisance caused by smoke of kitchens in dwelling houses. - (1) If at any time it shall appear to the Commissioner that any chimney of a kitchen in a dwelling house is in such a state as to constitute a nuisance by reason of smoke omitted from it, the Commissioner may by notice in writing require the owner of such building to abate the nuisance or to prevent its recurrence within the time and by taking the measures and doing acts to be specified in the notice.
14. Abatement of nuisance from dust, smoke, etc. - If in the opinion of the Commissioner the storage, dumping or deposit in any building or land of coal, charcoal, ashes, cinders, gunny bags, wool, cotton or any material, or the shifting, breaking, cutting or burning of such coal, charcoal, ashes, cinders or material or subjecting the same to any process causes or is likely to cause nuisance to the inhabitants in the neighbourhood of such building or land, by the emanation of dust, floating particles, smoke, unwholesome smell or noise or otherwise, he may, by notice, require the owner or occupier of such building or land to take such steps as may be specified in the notice for the abatement of such nuisance.
15. In filling in of pools, etc. which are a nuisance. - (1) For the purpose of this rule, a nuisance shall include -
(a)any pool, swamp, ditch, tank, well, pond, quarry-hole, drain, watercourse or any collection of water;(b)any cistern or other receptacle for water or any article or thing capable of collecting rain water during the monsoon season, whether within or outside a building;(c)any land on which water accumulates or is likely to accumulate; or(d)any premises or any part or any premises occupied, or unoccupied, or under construction, reconstruction or demolition, which in the opinion of the Commissioner is or is likely to become a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (40) of section 2.16. Permission for new well, etc. - (1) No new well, tank, pond, cistern or fountain shall be dug or constructed without the previous permission in writing of the Commissioner.
17. Precautions in case of dangerous tanks, wells holes, etc. - (1) If the Commissioner is of opinion that any tank, pond, well, hole, stream, dam, bank or other place is, for want of sufficient repair, protection or enclosure, dangerous to passerby, or to persons living in the neighbourhood, he may by written notice require the owner to fill in, remove, repair, protect or enclose the same so as to prevent any danger therefrom.
18. Power to order cleansing of insanitary private water course, spring, well, etc., used for drinking. - (1) The Commissioner may by written notice require the owner of, or person having control over, any private watercourse, spring, tank, well or other place the water of which is used for drinking, bathing or washing clothes to keep the same in good repair, to cleanse it in such manner as the Commissioner may direct and to protect it from pollution caused by surface drainage or other matter in such manner as may be provided in the notice.
19. Duty of Commissioner in respect of public well or receptacle of stagnant water. - If it appears to the Commissioner that any public well or receptacle of stagnant water is likely to be injurious to health or offensive to the neighbourhood, he shall cause the same to be cleansed, or filled up.
20. Dangerous quarrying may be stopped. - If, in the opinion of the Commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to persons residing in or having lawful access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner may, with the approval of the Standing Committee, by written notice require the owner of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place, or to take such order with such quarry or place as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.
21. Removal and trimming of trees, shrubs and hedges. - (1) If, in the opinion of the Commissioner, -
(a)any hedge is at any time insufficiently cut or trimmed, or overgrown with prickly-pear or other rank vegetation;(b)any tree or shrub has fallen or is likely to fall to the danger of public safety or overhang or obstructs any street or street light to the inconvenience or danger of passengers therein,(c)any tree situated within any premises has fallen or if any such tree or any branch or fruit thereof is likely to fall and is in any way dangerous to any person occupying resorting to or passing by such premises or to any structure or place in the neighbourhood thereof, or(d)any tree situated within any premises causes or is likely to cause inconvenience or nuisance to any person occupying such premises or any neighbouring premises, the Commissioner may, by written notice, require the owner or occupier of the land on which such hedge, tree or shrub is or has been growing :-(i)to cut down such hedge to a height not exceeding four feet and to a width not exceeding three feet, and to remove any such prickly-pear or other rank vegetation therefrom; or(ii)to remove, cut, lop or trim such tree or shrub or remove the fruit thereof, as the case may be.22. Prohibitions as to keeping animals. - (1) No person shall, -
(a)without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission keep or allow to be kept in any part of the City any swine, horses, cattle goats, sheep, donkeys or such other four-footed animals as the Commissioner may, from time to time, by public notice direct;(b)feed any animal or suffer or permit any animal to be fed or to feed, with or upon excrementitious matter, dung, stable refuse or other filthy matter;(c)keep any animal or bird on his premises so as to be a nuisance or so as to be dangerous.23. Tethering animals in excess of permitted number prohibited. - No person shall tether any animal or cause or permit the same to be tethered beyond the limit authorised by any permission granted under rule 22 or allow any animal to stray at any place in any part of the City.
24. Stabling animals or storing grain in dwelling house may be prohibited. - Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely :-
25. New factories. - (1) Every application for permission under section 313 shall be in writing and shall give such information and be accompanied by such plans as may be prescribed by bye-laws.
26. Furnaces used in trade or manufacture to consume their own smoke. - (1) The Commissioner may by public notice direct that every furnace employed or to be employed for the purpose of any trade or manufacture shall be so constructed, supplemented or altered as to consume its own smoke as far as may be practicable.
27. Sanitary regulation of factories etc - (1) Whenever it shall appear to the Commissioner -
(a)that any factory, work-shop or work-place, or any building or place in which, steam, water, electrical or mechanical power is employed or any bakery is not kept in a cleanly state or is not ventilated in such a manner as to render harmless, as far as practicable, any gas, vapour, soot; dust or other impurity generated in the course of the work carried on therein, which is a nuisance or is so over-crowded while work is carried on as to the dangerous or injurious to the health of the person employed therein; or(b)that any engine, mill-gearing, hoist or other machinery therein is so fixed or so insecurely fenced as to be dangerous to life or limb, the Commissioner may, by written notice, require the owner of such factory, work-shop, work-place or other building or place or bakery to take such order for putting and maintaining the same in a cleanly state, or for ventilating the same, or for preventing the same from being overcrowded or for preventing danger to life or limb from any engine, mill-gearing, hoist or other machinery therein, as he shall think fit.28. Prohibition of use of steamwhistle or steam trumpet without permission of the Commissioner. - (1) No person shall, without the written permission of the Commissioner, use or employed in any factory or any other place, any whistle, trumpet, siren or horn, worked by steam, compressed air, electricity or other mechanical means for the purpose of summoning or dismissing workmen or persons employed.
29. Commissioner may issue directions for abatement of nuisance caused by steam or other power. - (1) If, in any factory, work-shop, work-place or any buildings or place in which steam, water, electrical or mechanical power is used, nuisance is in the opinion of the Commissioner caused by the particular kind of fuel used or by the noise or vibration created, or in any other manner, he may issue such directions as he thinks fit for the abatement of the nuisance within a reasonable time to be specified for the purpose.
30. Power of inspection. - (a) The Commissioner may, after giving not less than twenty-four hours previous notice in writing to the owner or to the person who has the management or control of any work, pipes or conduits connected with any such manufacture or trade, as referred to in section 376, lay open and examine the said works, pipes or conduits.
31. Power of Commissioner to require owner or occupier of factory, etc. to discontinue the use of such factory. - Whenever it shall appear to the Commissioner that any factory, work-shop, work-place or any building or any place in which steam, water or mechanical or electrical power is employed or any bakery is or is likely to become by reason of the employment of such power or by noise or by any gas, vapour, smoke, vibration, dust or other impurity generated in the course of the work carried on in such place or by any other cause, a nuisance or danger to the life, health or property of persons in the neighbourhood, he may be written notice require the owner or occupier of such factory, work-shop, work-place, building or place or bakery to discontinue the use thereof for any of the purposes that may be specified in such notice.
32. Regulation of washing of clothes by washermen and provision of washing places. - (1) The Commissioner may, by public notice, prohibit the washing of clothes by washermen in the exercise of their calling, except at such places as he shall appoint for this purpose.
33. Information to be given of the existence of dangerous disease. - (1) In the event of any person within the City, other than an in patient in a public hospital, being attacked with a dangerous disease -
(a)every medical practitioner or person openly and usually practising the medical profession, who, in the course of such practice becomes cognizant of the fact, and(b)the occupier of the building in which the person so attacked may be residing, or, if the occupier is himself the person attacked, then every adult member of the household, and(c)every person in-charge of or in attendance on any person so attacked, shall, as soon as he becomes cognizant of the fact, forthwith report the same, or cause a report thereof to be made to the Medical Officer of Health:Provided that no person shall be bound to make such report or to cause such report to be made, if such report has been so made.Information to be given of animal suffering from a contagious or infectious disease.34. Prohibition of use for drinking of water likely to cause dangerous disease. - (1) If it shall appear to the Commissioner that the water in any well, tank or other place is likely to endanger or cause the spread of any dangerous disease, he may, by public notice, prohibit the removal or use of the said water.
35. Power to order removal to hospital. - (1) The Commissioner or any police officer empowered by him in this behalf may, on a certificate signed by the Medical Officer of Health or by any duly qualified medical practitioner, direct or cause the removal of any person who is suffering from a dangerous disease and who is, in the opinion of such Medical Officer of Health or other medical practitioner, without proper lodging or accommodation, or is lodged in a building (occupied by more than one family, or whose circumstances are such that proper precautions to prevent the spread of infection cannot be taken or that such precautions are not being taken, to any hospital or place at which patients suffering from the said disease are received for medical treatment.
36. Power to order detention in hospital of infected person without proper lodging to return to. - (1) Where a magistrate, not being a magistrate of the third class, is satisfied, on the application of the Medical Officer of Health that the inmate of a public hospital who is suffering from a dangerous disease would not, on leaving the hospital, be provided with lodging or accommodation in which proper precautions could be taken to prevent the spread of the disease by him, the magistrate may order him to be detained in the hospital at the cost of the Corporation.
37. Disinfection of buildings. - If the Commissioner is of opinion that the cleaning or disinfecting of a building, or of a part of a building or of any articles therein likely to retain infection, would tend to prevent or check the spread of any dangerous disease, he may cause such building or part thereof or article therein to be cleansed or disinfected at the charge of the Municipal Fund and may cause such building to be vacated for such period as he deems necessary for the purpose :
Provided that, if in the opinion of the Commissioner, the owner or occupier is able effectually to carry out such cleansing or disinfection, the Commissioner may cause the said building or part of the building or article likely to retain infection to be cleansed or disinfected by and at the charge of the owner or occupier thereof.38. Place for disinfection may be provided. - (1) The Commissioner may provide a place, with all necessary apparatus and attendance for the disinfection of clothing, bedding or other articles which have become infected, and in his discretion may, have articles brought to such place for disinfection, disinfected on payment of such fees as he shall from time to time fix, with the approval of the Standing Committee,, in this behalf or in any case in which he thinks fit, free of charge.
Also for washing infected articles39. Exposure of persons and article liable to convey dangerous disease prohibited. - (1) No person knowing that he is suffering from a dangerous disease shall expose other persons to the risk of infection by his presence or conduct in any street, public place, place of entertainment or assembly, school, club, place of religious worship, hotel, in, dharmashala, lodging house, eating house, factory, shop, market or other place of public resort.
40. Person suffering from dangerous disease not to carry on occupation of danger. - No person knowing that he is suffering from a dangerous disease shall engage in or carry on any trade, business or occupation which he cannot engage in or carry on without risk of spreading the disease.
Explanation. - For the purposes of this rule, making, carrying or offering for sale or taking part in the business of making, carrying or offering for sale any article of food or drink for human consumption and any other trade, business or occupation which may from time to time be specified by public notice by the Medical Officer of Health shall be deemed to be a trade, occupation or business in which a person suffering from a dangerous disease cannot engage in or carry on without risk of spreading the disease.41. Conveyances for persons suffering from a dangerous disease. - The Commissioner may provide and maintain a suitable conveyance or suitable conveyances for the free carriage of persons suffering from a dangerous disease and, when such provision is made, may by public notice prohibit the conveyance of such persons in all or any public conveyances.
42. Provisions as to use of public conveyance by persons suffering from dangerous disease. - (1) No person who knows that he is suffering from a dangerous disease, shall -
(a)enter any public conveyance used for the conveyance of persons at separate fares; or(b)where no notice has been issued by the Commissioner under rule 41, enter any other public conveyance without previously notifying the owner or driver thereof that he is so suffering.43. Duty of owner, etc. of public conveyance in regard to cases of dangerous disease. - (1) The owner, driver or conductor of public conveyance used for the conveyance of passengers at separate fares shall not convey therein a person whom he knows to be suffering from a dangerous disease.
44. Provision as to the letting of houses or rooms in hotel after recent case of dangerous disease. - (1) No person who -
(a)is concerned in the letting of a house or part of a house, or in showing a house or part of a house with a view to its being let; or(b)has recently cease to occupy a house or part of a house,shall if questioned by any person negotiating for the hire of the house, or any part thereof, as to whether there is, or has been within the preceding six weeks, in any part of the house a person suffering from a dangerous disease, knowingly make a false answer to that question.45. Child liable to convey dangerous disease may be ordered not to attend school. - A person having the care of a child who is, or who has been, suffering from or has been exposed to infection of, a dangerous disease, shall not, after receiving notice from the Medical Officer of Health that the child is not to be sent to school, permit the child to attend school, until he has obtained from the Medical Officer of Health a certificate, for which no charge shall be made, that in his opinion the child may attend school without undue risk of communicating the disease to others.
46. Infected clothes not to be sent to laundry etc. - (1) A person shall not send or take to any washerman or to any laundry or place set apart for the exercise by washermen of their calling or to any public water-course, tank or well for the purposes of being washed, or to any place for the purpose of being cleaned, any article which he knows to have been exposed to infection from a dangerous disease unless that article has been disinfected by, or to the satisfaction of, the Medical Officer of Health or a registered medical practitioner or is sent with proper precautions to a laundry for the purpose of disinfection, with notice that it has been exposed to infection.
47. Power to prohibit home work on premises where dangerous disease exists. - (1) If a case of a dangerous disease occurs in any place then, whether the person suffering from the disease has been removed from the place or not, the Medical Officer of Health may make an order forbidding any work to which this rule applies to be given out to any person living or working in that place or in such part thereof as may be specified in the order, and any order so made may be served on the occupier of any factory or other place from which it is given out, or on any contractor employed by any such occupier.
48. Provisions as to library books. - (1) A person who knows that he is suffering from a dangerous disease shall not take any book, or cause any book to be taken for his use, or use any book .taken from any public or circulating library.
49. Person ceasing to occupy house to disclose to owner any recent case of dangerous disease and to disinfect. - (1) Every person who ceases to occupy a house or part of a house in which to his knowledge a person has within six weeks previously been suffering from dangerous disease shall -
(a)have the house, or part of the house, and all articles therein liable to retain infection disinfected to the satisfaction of the Medical Officer of Health or some other registered medical practitioner, as testified by a certificate signed by him;(b)give to the owner of the house or the part of the house, notice of the previous existence of the disease; and(c)on being questioned by the owner as to whether within the preceding six weeks there has been therein any person suffering from any dangerous disease, give a true and correct answer to such question.50. Avoidance of contact with body of person who suffered from dangerous disease. - Every person having the charge or control of any place in which is lying the body of a person who has died while suffering from a dangerous disease shall take such steps as may be reasonable practicable to prevent persons coming unnecessarily into contact with, or proximity to, the body.
51. Disposal of dead bodies in certain cases. - (1) No person shall, without the written sanction of the Medical Officer of Health, retain in any place, other than a public mortuary, for more than twelve hours the body of any person who has died while suffering from a dangerous disease.
52. Restrictions in certain cases on removal of persons dying in hospital. - (1) If any person dies in a hospital or other place appointed for the accommodation of the sick, while suffering from a dangerous disease, and the Medical Officer of Health, or some other registered medical practitioner certifies that in his opinion it is desirable, in order to prevent the spread of infection, that the body should not be removed from the hospital or place except for the purpose of being taken direct to a mortuary or to a place set apart for the disposal of the dead, it shall not be lawful for any person to remove the body from the hospital or place except for such a purpose.
53. Special Measures - (1) The special measures' to be taken and temporary regulations to be made by the Commissioner under section 319 may include any of the following matters, namely :-
(a)the evacuation of an infected building used as a dwelling or of any part thereof by the person or persons residing whether habitually or temporarily therein, provided sufficient accommodation for all persons affected is available, or is proved elsewhere;(b)compulsory vaccination or preventive inoculation of persons entering, residing in, or leaving specified areas;(c)the examination by a medical officer of persons and, if necessary, the disinfection of the clothing, bedding or other articles suspected of being infected belonging to persons either arriving from outside a specified area or residing in any building adjacent to any infected building in that area, the recording of the addresses of such persons, and the daily presentation of such persons for medical examination at a specified time and place, for a period not exceeding ten days;(d)the prohibition either generally, or by special order in any individual case, of assemblages consisting of any number of persons exceeding fifty, in any place, whether public or private, or in any circumstances; or for any purpose;(e)the closure, for a period to be specified of any theatre, cinema-house or other place of entertainment;(f)the closure by a written notice to the authorities incharge of a school, of such school for such period as is specified in the notice;(g)restrictions on the movements of persons exposed to infection from a dangerous disease or likely to infect other persons with any such disease;(h)restrictions on the export from, or import into, or transport within a specified area of any goods or articles exposed to, and likely to retain infection from a dangerous disease or likely to infect persons with any such disease, or the destruction of any such goods or articles;(i)the examination, unloading and disinfection, if necessary, at any place within or outside the City, of any consignment of grain or other foodstuffs, cotton or clothing exported from, or imported into, the City by road or rail;(j)closure of all or any existing markets and bazaars and appointment of special places where markets or bazaars may be held.Chapter XV
Markets And Slaughter Houses1. Provisions regarding approaches and environs of private markets. - (1) The Commissioner may -
(a)define or determine the limits of any private market or declare what portion of such market shall be made part of the existing approaches, streets, passages and ways to and in such market; and(b)after bearing the owner or occupier of such market, by written notice require such owner or occupier to -(i)lay out, construct, alter, clear, widen, pave, drain and light, to the satisfaction of the Commissioner, such approaches, streets, passages and ways to or in such market;(ii)provide such conveniences for the use of persons resorting to such market; and(iii)provide adequate ventilation and lighting of the market-building, or any portion thereof, including shops and stalls, as the Commissioner may think fit.2. Provisions, for requiring private markets, buildings and slaughter houses to be properly paved and drained. - The Commissioner may, by a written notice, require the owner, farmer or occupier of any private market or slaughter-house, to cause, -
Chapter XVI
Transport UndertakingFares and ChargesExhibition of list of fares and charges. - 1. A printed list of all the fares and charges levied for the time being in such language or languages as the Corporation may from time to time specify in this behalf, shall be exhibited in a conspicuous place inside each vehicle used by the Transport Undertaking for the conveyance of the public.2. The fares and charges shall be paid to such persons, at such places upon or near the prescribed route of the transport service, and in such manner and under such regulations, as the Transport Committee shall, by notice to be annexed to the list of fares, prescribe.
Chapter XVII
Vital StatisticsForms of Certificate of DeathForms to be provided. - For the purposes of section 369 the Commissioner shall provide printed forms of the certificates of death and any duly qualified medical practitioner resident in the City shall be supplied, on application, with such forms free of charge.Chapter XVIII
Articles For Keeping Which And Trades And Occupations For Which Licences Are NeededPart I
Articles which shall not be kept without a licence in or upon any premisesDynamite.Blasting powder.Fulminate of mercury.Gun-cotton.Nitro-glycerine.Phosphorous.Part II – Articles which shall not be kept without a licence, in or upon any premises in quantities exceeding at any one time the maximum quantities hereunder set opposite such article respectively :-
| Articles | //Maximum quantity which may be kept, at any onetime without a licence// |
| Bidi leaves | 4 cwts. |
| Camphor | 1/2 cwt. |
| Celluloid | 4 cwts. |
| Celluloid goods | 4 cwts. |
| Cinematograph films | 20 lbs. |
| Copra | 4 cwts. |
| Cotton refuse and waste | 4 cwts. |
| Cotton seed | 12 cwts. |
| Dry leaves (Patravli, etc.) | 4 cwts. |
| Gun Powder | 5 Ibs. |
| Matches for lighting | 5 gross boxes. |
| Methylated spirit and Denatured spirit | 11 gallons. |
| Paints | 5 cwts. |
| Old paper (waste) including old newspapers, periodicals,magazines, etc. kept for sale or for other than domestic use. | 4 cwts. |
| Petroleum as defined in the Petroleum Act, 1934 | 10 gallons. |
| Oil (other sorts) | 20 gallons. |
| "Oil-seeds", other than Cotton seed | 1 ton. |
| Sulphur | 1/2 cwt. |
| Tar, pitch, dammer or bitumen | 1/2 cwt. |
| Turpentine | 10 gallons |
| Varnish | 40 cwts. |
Part III – Articles which shall not be kept without a licence for sale or for other than domestic use in or upon any premises irrespective of the quantity kept at any one time or in quantities exceeding at any one time the maximum quantities hereunder set opposite such article respectively :-
| Articles | Maximum quantity, if any, which may be kept atany one time without a licence |
| Petroleum as defined in the Petroleum Act, 1934 | 10 gallons. |
| Bamboos | 10 cwts. |
| Bones | …. |
| Coconut fibre | …. |
| Charcoal | ... |
| Coal | …. |
| Coke | …. |
| Fat | …... |
| Firewood | …. |
| Fire works | ….. |
| Fish (dried) | 10 cwts. |
| Grass (dry) | ….. |
| Gunny bags | …. |
| Hair | ….. |
| Hay and fodder | ….. |
| Hemp | ….. |
| Hessian cloth (gunny bag cloth) | ….. |
| Hides (dried) | ….. |
| Hides (raw) | ….. |
| Hoofs | ….. |
| Horns | ….. |
| Khokas or wooden boxes or barrels (manufacturing and storing) | ….. |
| Rags | 10 cwts. |
| Skins | 10 cwts. |
| Timber | ….. |
| Wood (raw) | 3 cwts. |
Part IV
Trades or operations connected with trade which shall not be carried on in or upon any premises without a licenceBaking or preparing for human consumption (for other than domestic use) bread, biscuits or other articles made of flour.Casting metals.Condiments manufacturing.Dyeing cloth or yarn, in indigo or other colour.Electro-plating.Keeping of eating-houses.Keeping of sweetmeat shops except in premises already licensed as an eating-house.Keeping of hair dressing saloons or barbers' shops.Tanning, pressing or packing hides or skins whether raw or driedManufacturing, pecking pressing, cleaning, cleansing, melting or preparing by any process whatever any of the following, articlesAerated water.Bones.Bricks or tiles.Catgut.Cotton or cotton refuse or cotton seed.Compressed coal.Dammer.Dynamite.Fat.Fireworks.Ice, ice candies, ice fruit or ice cream.Lime.Matches for lighting.Paper.Rubber goods.Snuff,Soap.Sugar, sugar candy.Tar.Vegetable oil.Chapter XIX
Penalties1. Certain offences punishable with fine. - Whoever -
| Rule, sub-rule or clause | Fine which may be imposed. | |
| Chapter VIII | ||
| 1, 2(2), 5, 25 | .. .. | Fifty rupees. |
| 29(1), 29(2) | .. .. | One hundred rupees. |
| Chapter IX | ||
| 2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1), 18, 19(2), 19(3) | ….. | Fifty rupees. |
| 1(1), 2(1), 5(a), 6, 10, 17(2) | ….. | One hundred rupees. |
| 2, 7(1), 7(2), 8, 12, 13, 16, 19(1), 19(4) | ….. | Two hundred rupees. |
| Chapter X | ||
| 3(1), 6, 7, 11(2), 18(2) | ….. | Fifty rupees. |
| 2(2), 2(3), 8(1), 13, 14 | ….. | One hundred rupees. |
| 2(1), 3(1), 18(1) | ….. | Two hundred rupees. |
| Chapter XI | ||
| 288(1)(e), 288(2) | ….. | Twenty rupees. |
| Chapter XII | ||
| 12(1), 12(2), 12(3) | ….. | Ten rupees. |
| 8(2), 13 | ….. | Fifty rupees. |
| 8(1) | ….. | One hundred rupees. |
| 11 | ….. | Two hundred rupees. |
| 10 | ….. | Five hundred rupees. |
| 6(1) | ….. | One thousand rupees. |
| Chapter XIV | ||
| 1, 2, 13(1), 13(2), 32(2) | ….. | Twenty rupees. |
| 3, 5(1), 7, 10, 11(1), 11(2), 14, 17, 18(1), 21(1), 24, 28(1),34(2) 41, 48(1), 48(2), 48(3), 48(4) | ….. | Fifty rupees |
| 8, 18(2), 22(1), 23, 33(1), 35(2), 35(3), 36, 38(2), 39(1),39(2), 39(4), 40, 44, 45, 46(2), 49(1), 42(1), 42(2), 50, 51(1) | ….. | One hundred rupees. |
| 12, 15, 29(1), 34(2), 46(1), 52(1), 52(2) | ….. | Two hundred rupees. |
| 16(1), 16(2), 27(1), 47 | ….. | Two hundred and fifty rupees. |
| 20, 29(2), 31, 39(3), 43(1), 43(3), 44(2), 44(3) | ….. | Five hundred rupees. |
| 25(3) | ….. | One thousand rupees. |
| Chapter XV | ||
| 1(1)(b), 1(2), 2 | ….. | Two hundred rupees. |
2. Continuing offences. - Whoever, after being convicted of -
| Rule, sub-rule or clause | Daily Fine which may be imposed. | |
| Chapter IX | ||
| 2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1) | ….... | Five rupees. |
| 1(1), 2(1), 3, 5(a), 6, 10, 17(2), 18, 19(2), 19(3) | ….... | Ten rupees. |
| 12, 13 | ….... | Twenty rupees |
| 7(1), 7(2), 19(1), 19(4) | ….... | Fifty rupees. |
| Chapter X | ||
| 7, 11(2), 18(2) | ….... | Five rupees. |
| 6, 8(1) | ….... | Ten rupees. |
| 18(1) | ….... | Fifty rupees. |
| Chapter XI | ||
| 288(1)(e), 288(2)(b) | ….... | Five rupees. |
| Chapter XII | ||
| 12(2), 12(3) | ….... | Five rupees. |
| 8(2), 13 | ….... | Ten rupees. |
| 8(1) | ….... | Twenty rupees. |
| 6(1), 10 | ….... | One hundred rupees. |
| Chapter XIV | ||
| 7, 8, 13(1), 13(2), 21(1), 32(2) | ….... | Five rupees. |
| 1, 2, 3, 5(1), 8, 14, 17, 18(1), 28(1) | ….... | Ten rupees. |
| 11(1), 11(2), 15, 22(1) | ….... | Fifteen rupees. |
| 12, 16(2), 18(2), 23, 24 | ….... | Twenty rupees. |
| 29(1), 40, 45, 47 | ….... | Fifty rupees. |
| 20, 27(1), 29(2), 31 | ….... | One hundred rupees. |
| 25(3) | ….... | Five hundred rupees. |
| Chapter XV | ||
| 2 | ….... | Fifty rupees. |
| CounterfoilSerial No.Ward…...................................................................Name and number of Polling Station…..................................................Number of elector on election roll..........................................Signature or thumb-impression ofelector........................................ | Outerfoil |
| Front |
| Name and Symbol of Candidate | Cross |
2. The vote is to be shown by a cross mark (X). Each mark means one vote.
3. Do not put more than one cross against the name of any one candidate.
[* * * *]Serial No.Form C(See Chapter I, rule 26)Tendered Votes ListPolling Station| Name of ward | Name of elector | Number on election roll | Number of votes recorded | Signature or thumb impression of elector. |
| Number on election roll | Name | //Signature of elector, if literate orthumb-impression of elector, if illiterate// | Name of identifier, if any, |
| Accountant of usedballot papers | ||||||||
| Total number ofElectors for the Polling Station as shown on election roll | Total number of ballotpapers entrusted to presiding officer | Total number of ballotpapers used | Used for the votes ofpolling and presiding officers and polling agents entitled tovote of another polling station (rule 29) | Tendered ballot papers(rule 26) | Spoilt ballot papers(rule 28) | Balance that should bein ballot box | Number unused ballotpapers | Number of ballot boxesused |
| (1) | (2) | (3) | (4) | (5) | (6) | (7) | (8) | (9) |
| This is to command you to | distrain the moveable propertyattach any property | of the said A.B. (or, as the case may be, any moveable property on the premises in respect of which the said tax is due) |
| together with this warrant all particulars of the | property attachedmoveable property distrained | by you thereunder. |
1. In exercise of the powers conferred by sub-section (1) of section 6 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate) Act, 2000 (Maharashtra XXIII of 2001), the Government of Maharashtra, hereby constitutes seven Scrutiny Committees one each at Mumbai, Pune, Nashik, Nagpur, Amravati, Aurangabad and Latur, for verification of Caste Certificates issued by the Competent Authorities under sub-section (1) of section 4 of the said Act, in addition to the existing Scrutiny Committees functional at each revenue Divisional headquarters.
2. Each Scrutiny Committee shall consist of the following members, namely :-
| (1) Additional Commissioner (Revenue) | Chairperson |
| (2) Divisional Social Welfare Officer | Member |
| (3) Research Officer (Special District Social WelfareOfficer of the District at Divisional Head Quarter) | Member Secretary. |