Nagpur Province - Act
The City of Nagpur Corporation Act, 1948
NAGPUR PROVINCE
India
India
The City of Nagpur Corporation Act, 1948
Act 2 of 1950
- Published on 22 January 1950
- Commenced on 22 January 1950
- [This is the version of this document from 22 January 1950.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Chapter I
Preliminary1. Short title, extent and commencement.
2. Repeal of enactment.
3. Transfer of liabilities.
4. [ Deleted] [Section 4 was deleted by Bombay 79 of 1958, Section 3, Schedule.]
.5. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-Part II – Constitution and Government
Chapter II
The Municipal Authorities
6. [ Municipal authorities charged with the execution of this Act. [Section 6 was substituted by Maharashtra 26 of 1999, Section 3.]
- The Municipal authorities charged with carrying out the provisions of the Act shall be,-7. Incorporation of Corporation.
- The Corporation shall by the name of the Corporation of the City of Nagpur be a body corporate, and have perpetual succession and a common seal, and shall by that name sue and be used.8. Power of Corporation to acquire and hold movable and immovable property.
- The Corporation shall have power to acquire and hold property, both movable and immovable, within or without the limits of the City, and subject to the provisions of this Act and the rules made thereunder, to transfer any property held by itself and to contract and to do all other things necessary for the purposes of this Act.9. [ Constitution of Corporation and division of City into wards] [Section 9 was substituted for the original by Maharashtra 34 of 1965, Section 12.].
- [(1) The Corporation shall consist of,-(a)[one hundred thirty-six] Councillors directly elected at ward elections;(b)five nominated Councillors having special knowledge or experience in municipal administration, nominated by the Corporation in the prescribed manner.]9A. [ Reservation of seats. [Sections 9A and 9B were inserted by Maharashtra 41 of 1994, Section 80.]
9B. State Election Commission.
9C. [ Power of State Election Commissioner to issue directions to prevent impersonation. [Section 9C was added by Maharashtra 44 of 1994, Section 6.]
- The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing the electors to produce, at the time of pollings, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951.]10.
[* * *] [Sections 10 and 11 were deleted by Maharashtra 34 of 1965, Section 13.]11.
[* * *] [Sections 10 and 11 were deleted by Maharashtra 34 of 1965, Section 13.]12. [ Preparation of municipal election roll. [Section 12 was substituted by Maharashtra 11 of 1996, Section 7.]
12A. [ [Sections 12A and 12AA were deleted by Maharashtra 11 of 1996, Section 8.]
* * *]12AA. [ [Sections 12A and 12AA were deleted by Maharashtra 11 of 1996, Section 8.]
* * *]13. [ Enrolment in Municipal Electoral Roll. [Section 13 was substituted by Maharashtra 53 of 1973, Section 10.]
- Every person whose name is included in any ward roll shall be deemed to be enrolled in the municipal electoral roll.]13A. [ Person qualified to vote. [Section 13A was inserted by Maharashtra 6 of 1980, Section 13.]
- Every person whose name is in [* * *] a final and 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 to vote.]13B. [ [Section 13B was inserted by Maharashtra 5 of 2005, Section 4.]
The voting at an election shall be by ballot or by electronic voting machine and no votes shall be received by proxy].14. [ Qualifications of candidates. [Section 14 was substituted for the original by Maharashtra 34 of 1965, Section 15.]
15. Disqualifications of candidates.
- [(1)] [Section 15 was re-numbered as sub section (1) thereof and sub-sections (2) and (3) were added by Maharashtra 11 of 2002, Section 37.] No person [shall be eligible for election] [These words were substituted for the words 'shall be eligible for election, selection or appointment' by Maharashtra 34 of 1965, Section 16(a).], as a Councillor if he -(a)[ is not a citizen of India; or] [Substituted for the clause '(a) he is not subject of the Dominion of India; or' by A. O. 1950.](b)has been adjudged by a competent Court to be of unsound mind; or(c)is a leper; or(ca)[ has, at any time alter the commencement of section 8 of the Maharashtra Municipal Corporation (Amendment) Act, 1970, been convicted of an offence punishable under section 1 53A, or sub-section (2) or (3) of section 505, of the Indian Penal Code : [Clause (ca) was inserted by Maharashtra 13 of 1971, Section 8.]Provided that, such disqualification shall be for a period of six years from the date of such conviction; or](d)[ 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] [This clause was substituted for the original by Maharashtra 41 of 1994, Section 83(1).](e)has been dismissed from the service of the Government for misconduct and has been declared to be disqualified for employment in the public service; or(f)has been dismissed for misconduct from the service of any municipal corporation, municipal committee, notified area committee, [district council or local board] [See now the C. P. and Berar Local Government Act, 1948 (XXXVIII of 1948).] and has been declared by the State Government to be disqualified for employment in the public service; or(g)[ has been so disqualified by or under any law,- [Clause (g) was substituted for the original by Maharashtra 41 of 1994, Section 83(2).](i)for the time being in force for the purposes of elections to the Legislature of the State :Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;(ii)made by the Legislature of the State of Maharashtra.][(g-1) [* * *] [Clause (g-1) was inserted by M. P. Act XIX of 1952, Section 6(1).] is a servant of Government and is remunerated by salary or honorarium (which expression shall not include fees or commission); or](h)holds any salaried office under or place of profit in the gift or disposal of [the Corporation or any other local authority] [These words 'the Corporation or any other local authority' were substituted for the words 'the Corporation' by M. P. Act XIX of 1952, Section 6(2).], while holding such office or place; or(i)has directly or indirectly any share or interest in any contract with, by or on behalf of the Corporation while owning such share or interest :Provided that a disqualification under clauses (e), (f), [* * *] [The brackets and letter '(g)' was deleted by Maharashtra 41 of 1994, Section 83(3).] or (i) may be removed by an order of the State Government in this behalf.Explanation. - A person shall not, by reason of being a share holder in or a member of any incorporate or registered company, be deemed to be interested in any contract entered into between the Company and the Corporation.(j)[ has more than two children : [Clause (j) was added by Maharashtra 43 of 2000, Section 4.]Provided that, a person having more than two children on the date of commencement of the Maharashtra Municipal Corporation 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 but of a single subsequent delivery shall be deemed to be one entity;(ii)"child" does not include an adopted child or children.](k)[ is a Member of the State Legislature or of Parliament: [Clause (k) was added by Maharashtra 8 of 2002, Section 9.]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 disqualification under this clause.]16. [ Publication of names of Councillors in the Official Gazette. [Section 16 was substituted by Maharashtra 12 of 1998, Section 4.]
- The names of all persons elected to be the Councillors shall be published by the State Election Commissioner in the Official Gazette.]16A. [ Notification of elections of Mayor and Deputy Mayor. [Section 16A was inserted by Maharashtra 26 of 1999, Section 4.]
- Every election of the Mayor or Deputy Mayor shall be notified in the prescribed manner and such persons shall enter on their respective offices from the date specified for that purpose in such notification.]17. [ [Section 17 was substituted by Maharashtra 41 of 1994, Section 84.]
17A. [ Term of office of Councillors. [Sections 17A and 17B were inserted by Maharashtra 41 of 1994, Section 85.]
- The term of office of the Councillors shall be co-terminus with the duration of the Corporation.17B. Election to constitute Corporation.
- An election to constitute the Corporation shall be completed,-18. Filling up of casual vacancies.
- [(1) In the event of failure to accept office by a person elected [* * *] [Section 18(1) was renumbered as sub-section (1) thereof and sub-section (2) was inserted by Maharashtra 42 of 1976, Section 23.] to be a Councillor, or of the death, resignation or disqualification of a Councillor, or of his becoming incapable of acting before the expiry of his term of office, a casual vacancy shall be deemed to have occurred in such office and such vacancy shall be filled [as soon as conveniently may be but not later than six months] [These words were substituted for the words 'within two months' by Maharashtra 41 of 1994, Section 86(a)(i).] by the election [* * *] [The words 'appointment or selection, as the case may be' were deleted by Maharashtra 34 of 1965, Section 19(b).] of a person thereto as Councillor, who shall take office forthwith and shall hold such office in the unexpired term of his predecessor ;][* * *] [The proviso was deleted by Maharashtra 41 of 1994, Section 86(a)(ii).]19. Effect of subsequent disabilities.
- If any person having been elected [* * *] [The words 'selected or appointed' were deleted by Maharashtra 34 of 1965, Section 20.] a Councillor,-20. [ Election of Mayor and Deputy Mayor and reservation of office of Mayor. [Section 20 was substituted by Maharashtra 26 of 1999, Section 5.]
- [(1) The Corporation shall, subject to the provisions of sub-section (2), at its first meeting after the general elections, elect from amongst the Councillors one of its 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 Mayor and the Deputy Mayor in office on the dale of coming into force of the Maharashtra Municipal Corporation (Amendment) Act, 2000, shall be extended to, and, be co-terminus with, the term of the office of the elected Councillors :Provided further that, the roster relating to the reservation of the office of the Mayor shall be deemed to have been amended to provide for the extended tenure of the Mayor.]20.
-1A to 20-1D.[* * *] [Sections 20-1A, 20-1B, 20-1C and 20-1D were deleted by Maharashtra 26 of 1999, section 6.][20-1E. Leader of Opposition. [Section 20-1E was inserted by Maharashtra 12 of 1998, Section 6.]20A. [ Honoraria, fees or allowances. [Section 20A was inserted by Bombay 79 of 1958, Section 6.]
21. Removal of Councillor.
22. Procedure in case of non-payment of Corporation dues by Councillors and office bearers of Corporation.
22A. [ Councillor to vacate all offices if he ceases to be Councillor. [Section 22A was inserted by Maharashtra 12 of 1998, Section 10.]
- A person who ceases to be a Councillor shall ipso facto vacate any offices held by him on any committee of the Corporation by virtue of his being a Councillor.]Chapter III
Conduct of Business
Transaction of Business by the Corporation23. Meetings.
- The Corporation shall meet at least once every month for the transaction of business.24. [ First meeting after general election. [Section 24 was inserted by Maharashtra 26 of 1999, Section 11.]
- After every general election, notwithstanding anything contained in this Act, the Commissioner shall call the first meeting of the Corporation on the date specified in the notification issued under section 16A, to elect the Mayor, the Deputy Mayor, the Standing Committee and the Special Consultative Committees.]25. Convening of meetings.
26. [ Power of Mayor and Deputy Mayor to call special meeting. [Section 26 was substituted by Maharashtra 26 of 1999, Section 13.]
- The Mayor, or in any such event as aforesaid, the Deputy Mayor, may whenever he thinks fit call a special meeting, and shall be bound to do so within two weeks of the receipt of a written requisition signed by not less than three members of the Standing Committee.]27. Adjournment.
- Any meeting of the Corporation may, with the consent of a majority of the Councillors present, be adjourned to any other date; but no business other than that left over at the adjourned meeting shall be transacted at the next meeting.A notice of such adjournment posted in the municipal office on the day on which the meeting is adjourned shall be deemed sufficient notice of the next ensuing meeting.28. Public to be admitted to the meetings of Corporation.
29. [ Chairman of meeting. [Section 29 was substituted by Maharashtra 26 of 1999, Section 14.]
30. Quorum.
- [(1) The quorum to constitute a meeting of the Corporation shall if it is a special meeting be one-half, and if a general meeting be one-third, of the total number of Councillors] [Sub-section (1) was substituted for the original by Maharashtra 34 of 1965, Section 26.].30A. to 30C.
[* * *] [Sections 30A, 30B and 30C were deleted by Maharashtra 26 of 1999, Section 16.]31. Disability of Councillors for voting, etc.
32. Preservation of order.
33. [ Constitution of Standing Committee. [Sections 33 to 38 were substituted for section 33 by Maharashtra 26 of 1999, Section 18.]
- The Standing Committee shall consist of sixteen Councillors.34. Election of Standing Committee.
35. Election of the Chairman of Standing Committee.
36. Absence from meeting of Standing Committee.
- Any member of the Standing Committee who absents himself from all meetings of the Standing Committee during two consecutive months shall cease to be a member of the Standing Committee, and his office as such member shall be vacant, and he shall not be eligible for re-election to the Committee during the unexpired term of the Corporation.37. Casual vacancies in the Standing Committee.
- If any casual vacancy occurs in the office of a member of the Standing Committee, the Corporation shall, as soon as may be after the occurrence of such vacancy, elect one of its numbers to fill the vacancy and every Councillor so elected shall continue in office for the unexpired term of his predecessor.38. Each Standing Committee to continue in office till a new Committee is constituted.
- The Standing Committee in existence on the day for the retirement of Councillors shall continue to hold office until such time as a new Standing Committee is constituted under section 34 notwithstanding that the members of the said Committee, or some of them, may no longer he Councillors.][Wards Committee [This sub-heading and section 38A was inserted by Maharashtra 41 of 1994, Section 89.]38A. Constitution of Wards Committee.
38B.
[* * *] [Section 38B was deleted by Maharashtra 26 of 1999, Section 20.][Special Consultative Committees [This sub-heading and section was inserted by Maharashtra 26 of 1999, Section 21.]39. Special Consultative Committees, their term, election and filling of casual vacancies.
40. Election of Special Committees for consultative purposes.
- The [Corporation may also elect] [These words were substituted for the words 'Corporation may elect' by Maharashtra 22 of 1999, Section 22(a).] from time to time and for such period as it may think fit, [Special Committees [including the Women and Child Welfare Committee] [These words were substituted for the words 'Special Committee has extended four in number and consisting' by Maharashtra 21 of 1992, Section 22(a).], so however that the number of such Committees shall not exceed five and each such Committee shall consist] of such number of Councillors as it may thin fit, and may refer to such Committees for inquiry and report, or for opinion, any matter relating to the purposes of this Act.[Provided that, on the Women and Child Welfare Committee not less than seventy-five per cent, of the members shall be from amongst women Councillors :Provided further that, the Chairperson and the Deputy Chairperson on the Women and Child Welfare Committee shall be from amongst the women Councillor members thereof.Explanation. - For the purpose of computing the number of members at seventy-five per cent, fraction, if any, shall be rounded off to one.] [These provisos and Explanation was added by Maharashtra 26 of 1999, Section 22(c).]41. Decision of questions by majority of votes.
- Except as otherwise provided by or under this Act, any questions brought before any meeting held under this Act, shall be decided by a majority of the votes of the members present, and, in the case of an equality of votes, the presiding authority at the meeting shall have a second or casting vote :Provided that in the case of an equality of votes at the election of [the Mayor or Deputy Mayor or any member of the Standing or Special Consultative Committee] [These words were substituted for the words 'Chairperson, the Deputy Chairperson, Mayor or any member of the Special Committee' by Maharashtra 26 of 1999, Section 23.], the presiding authority shall not exercise his casting vote, and the result shall be decided by lot.[Provided further that, the persons referred to in clause (b) of sub-section (1) of section 9 shall not have the right to vote at any meeting of the Corporation.] [This proviso was added by Maharashtra 41 of 1994, Section 90.]42. [ Vacancy in Corporation or in any Committee not to invalidate proceedings. [Section 42 was substituted by Maharashtra 12 of 1998, Section 24.]
- No act or proceeding of the Corporation or of any Committee appointed under this Act shall be questioned on account of any vacancy in the membership or any such Committee, as the case may be.]43. Proceedings of meeting to be deemed to be good and valid.
- Until the contrary is proved -44. Minute books.
Chapter IV
Municipal Officers and Servants
The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.]45. Appointment of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
- [(1)(a) The Commissioner shall from time to time be appointed by the State Government.(b)The Commissioner shall in the first instance hold office for such period not exceeding three years as the State Government may fix and his appointment may be renewed from time to time for a period not exceeding three years at a time].46. [ Powers of Commissioner. [Section 46 was substituted by Maharashtra 26 of 1999, Section 25.]
- The Commissioner shall be the principal executive officer of the Corporation and all other officers arid servants of the Corporation shall be subordinate to him. He shall have the right to speak at, and otherwise take part in, any meeting of the Corporation or any Committee thereof, but shall not be entitled to vote or to move any proposition.] [This sub-section was substituted for the original by Bombay 79 of 1958, Section 3, Schedule.]47. Salary of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
- [(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 determines :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.(1-A) The Commissioner shall devote his whole time and attention to the duties of his office as prescribed in this Act or in any other law for the time being in force and shall not engage in any other profession, trade or business whatsoever:Provided that he may with the sanction of the Corporation serve on any Committee constituted for the purpose of any local inquiry or for the furtherance of any object of local importance or interest.] [Sub-sections (1) and (1A) were substituted for the original sub-section (1) by Bombay 79 of 1958, Schedule.]48. Grant of leave of absence to [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
49. Appointment and salary of principal officers.
49A.
[* * *] [Section 49A was deleted by Maharashtra 26 of 1999, Section 26.]50. Appointment of other officers or servants.
- [(1)] [Section 50 was renumbered as sub-section (1) thereof by M. P. Act X of 1951, Section 2.] Subject to the provisions of this Act the Corporation may appoint such other officers and servants as are necessary for the efficient carrying out of the purposes of this Act, and may assign to them such duties and pay them such salaries, allowances, pensions and gratuities, and make on their behalf. such payments to provident or annuity funds as the Corporation may determine by by-laws made in this behalf under section 415, subject to the condition that no post, the maximum salary of which exceeds [one thousand rupees] [These words were substituted for the words 'five hundred rupees' by Maharashtra 3 of 1975, Section 5.] per month shall be created without the sanction of the State Government :Provided that,-51. Acting appointments.
52. Municipal officer or servants not to be interested in any contract with Corporation.
53. Discharge and infliction of penalties.
54. Extraordinary Pension in case of officer or servant injured or killed in execution of his duty.
- The Corporation may give an extraordinary pension, gratuity or compassionate allowance in accordance with the rules or by-laws framed in this behalf,-55. Reinstatement or re-employment of a convicted officer or servant and payment of salary and allowances to such officer or servant.
56. Essential officers and servants.
- No essential officer or servant shall,-Chapter V
Powers, Duties and Functions of the Municipal Authorities Obligatory and Discretionary Duties of the Corporation
57. Matters to be provided for by Corporation.
58. Matters which may be provided for by Corporation at its discretion.
- In addition to the other powers and duties conferred or imposed on it by or under this Act or any other Act for the time being in force, the Corporation may in its discretion provide from time to time either wholly or partly for all or any of the following matters, namely :-58A. [ Entrustment of certain functions by State Government to Corporation. [Section 58A inserted by M. P. Act XXXIV of 1950, Section 4.]
58B. [ Performance of functions by agencies. [Sections 58B and 58C were inserted by Maharashtra 41 of 1994, Section 93.]
- Where any duty has been imposed on, or any function has been assigned, to the Corporation under this Act or any other law for the time being in force, or the Corporation has been entrusted with the implementation of a scheme, the Corporation may,-58C. Environment Status Report.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall before the 31st day of July every year place before the Corporation the report on the status of environment within the City of Nagpur in respect of the last preceding financial year covering such matters, and in such manner as may be specified by the State Government from time to time.]59. [ Functions of the several Municipal Authorities. [Section 59 was substituted by Maharashtra 26 of 1999, Section 30.]
59A. [ [Sections 59A and 59B were deleted by Maharashtra 26 of 1999, Section 31.]
* * *59B.
* * *]59C. [ Delegation of powers of Municipal Authorities. [Section 59C was inserted by Maharashtra 12 of 1998, Section 32.]
- Any of the powers, duties and functions conferred upon, assigned to or vested in the Mayor, the Deputy Mayor, [* * *] and the Commissioner by or under this Act may be exercised, performed or discharged by such officer to whom such powers, duties or functions are delegated by the concerned authority by general or special order made, from time to time, in this behalf.]60. Corporation may call for extracts from proceedings, etc., from the [Standing Committee] [These words were substituted for the word 'Committee', by Maharashtra 26 of 1999, Section 33(c).] etc.
- The Corporation may at any time call for an extract from any proceedings of [the Standing Committee] [These words were substituted for the words 'any committee', by Maharashtra 26 of 1999, Section 33(a).] and for a return, statement, account or report concerning or connected with any matter with which [the Standing Committee] [These words were substituted for the words 'such committee', by Maharashtra 26 of 1999, Section 33(b).] is empowered by this Act to deal; and every such requisition shall be complied with by [the Standing Committee] [These words were substituted for the words 'such committee', by Maharashtra 26 of 1999, Section 33(b).] without unreasonable delay.61. Corporation may require [Commissioner] [This word was substituted for the word 'Mayor', by Maharashtra 26 of 1999, Section 34(a).] to produce documents.
62. Exercise of functions to be subject to sanction by Corporation of the necessary expenditure.
- The exercise or performance by any municipal authority of any power conferred or duty imposed by or under this Act which is likely to involve expenditure shall, except in any case specified in the proviso to section 84, be subject to the following conditions namely :-63. [ Procedure for making contracts by or on behalf of Corporation. [Sections 63 and 64 were substituted for the original by Bombay 79 of 1958, Section 8.]
- With respect to the making of contracts under or for any purpose of this Act, including contracts relating to the acquisition and disposal of immovable property or any interest therein, the following provisions shall have effect, namely :-64. [ Tenders to be invited for contracts involving expenditure exceeding fifty thousand rupees. [Section 64 was substituted by Maharashtra 2 of 2001, Section 4.]
64A. [ Commissioner to execute resolution. [Section 64A was inserted by Maharashtra 26 of 1999, Section 36.]
- The Commissioner shall execute all the resolutions made by the Corporation, the Standing Committee or any other Committee:Provided that, the Corporation, the Standing Committee or any other Committee, as the case may be, shall obtain and take into consideration the remarks of the Commissioner, before making any resolution :Provided further that, if the Commissioner is of the opinion that the resolution passed or decision taken by the Corporation or any of the Committee is against the provisions of any law for the time being in force or may lead to wastage of municipal funds or seeks to divert funds allocated for any of the obligatory duties of the Corporation to some other purpose or is against the policy of the Stale Government, he may, before implementing the decision seek the direction from the State Government and the State Government shall within forty-five days of the receipt of such reference made by the Commissioner, issue directions to the Commissioner whether such decision should be implemented or not and the directions issued by the State Government shall be binding on the Corporation, or the concerned Committee, as the case may be.]Chapter VI
Municipal Property and Liabilities
65. Transfer to Corporation of property of Municipality of Nagpur.
- All property movable and immovable, and all interest of whatsoever nature or kind therein, vested in the Civil Station Sub-Committee, Nagpur, and the City Municipal Committee, Nagpur, at the commencement of this Act, with all rights of whatsoever description used, enjoyed or possessed by the said Committees shall be deemed to be vested in the Corporation as constituted under this Act.66. Property of public institutions managed by municipal authority to be held in trust.
67. Acquisition of immovable property or easement by agreement.
68. Procedure when immovable property or easement cannot be acquired by agreement.
69. Decision of claims to property by or against Corporation.
70. Provisions governing the disposal of municipal property or property vesting in or under the management of Corporation.
71. Management of nazul lands.
72. Supply of water to area outside the City.
- The Corporation may, with the previous sanction of, and on such terms as may be approved by the State Government, undertake to supply water to any area outside the city from the waterworks maintained by the Corporation and do other acts ancillary thereto.73. Property vested in Corporation.
- Subject to any special reservation made or to any special conditions imposed by the State Government, all property of the nature hereinafter in the section specified and situated within the city, shall vest in and be under the control of the Corporation, and with all other property which has already vested, or may hereafter vest in the Corporation, shall be held and applied by it for the purposes of this Act, that is to say,-74. Record of immovable property.
- The Corporation shall maintain a register and a map of all immovable property of which it is the proprietor or which vests in it otherwise or which it holds in trust for the State Government.75. Resumption by Government.
- The State Government may resume any immovable property transferred to the Corporation by itself or by any local authority, where such property is required for a public purpose, without payment of any compensation other than the amount paid by the Corporation for such transfer and the market value at the date of resumption of any buildings or works subsequently erected or executed thereon by the Corporation with the intention that such buildings or works should be permanent :Provided that compensation need not be paid for buildings or works constructed or erected in contravention of the terms of the transfer.76. Management of Public Institutions.
76A. Definitions.
- In this Chapter :-76B. Power to evict persons from Corporation premises.
76C. Power to recover rent or damages as arrears of property tax.
76D. Rent to be recovered by deduction from salary or wages in case of Corporation employees.
- Without prejudice to the provisions of section 76-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.76E. 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, namely76F. Appeal.
76G. 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 or suit application or execution proceeding.76H. Bar of Jurisdiction.
- Subject to regional 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 76-B or the recovery of the arrears of rent or the damages payable for use or occupation of such premises.76I. Power to make regulations.
- Commissioner with the approval of Standing Committee, may make regulations for all or any of the following matters, namely :-76J. Penalty 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].Part III – Finance
Chapter VII
[The Municipal Fund and Other Funds] [This heading was substituted for the heading 'The Municipal Fund' by Maharashtra 13 of 1992, Section 5.]
The Municipal Fund77. [ Municipal fund to be held in trust. [Section 77 was substituted, by Maharashtra 13 of 1992, Section 6.]
- Subject to the provisions of sections 83A and 83B, there shall be a Municipal Fund and it shall be held in trust for the purposes of this Act.]78. Credit of money to municipal fund.
78A. [ Annual grant by State Government from proceeds of land revenue, non-agricultural assessment and entertainments duty. [Section 78A was inserted by Maharashtra 63 of 1975, Section 9.]
- The State Government may, under appropriation duly made in this behalf, make a grant to the Corporation every year of such amount as it may, from time to time, determine, having regard to the proceeds of the land revenue and non-agricultural assessment levied and collected under the Maharashtra Land Revenue Code, 1966, and the entertainments duty levied and collected under the Bombay Entertainments Duty Act, 1923 by it in the City. The grant shall be made in such manner and shall be subject to such terms and conditions, as the State Government may, from time to time, determine. All moneys received by the Corporation by way of such grants shall be credited to the municipal fund] :[Provided that, it shall be competent for the State Government to deduct -79. Application from Municipal fund.
- The moneys from time to time credited to the municipal fund shall be applied in the following order of preference -Firstly, in making due provisions for the payment of all loans payable by the Corporation under the provisions of Chapter IX.Secondly, in discharge of all liabilities imposed on the Corporation by sub-section (1) of section 3.Thirdly, in payment of all sums, charges, and costs necessary for the purposes specified in sections 57 and 58 and for otherwise carrying this Act into effect, or of which the payment shall be duly or directly sanctioned under any of the provisions of this Act inclusive of -80. Receipts and disposal of payments on account of the Municipal funds.
- All moneys payable to the credit of the municipal fund shall be received by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] and shall be, forthwith paid into [the Imperial Bank of India at Nagpur] [See now the State Bank of India Act, 1955 (XXIII of 1955).] or into any other Bank approved by the State Government, to the credit of an account which shall be styled "The account of the municipal fund of the City of Nagpur".81. Drafts on the municipal fund.
82. Deposit of portion of municipal fund outside Nagpur.
- Notwithstanding anything contained in section 80 or 81, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], with the previous approval of the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, Section 40.] may, from time to times, remit any portion of the municipal fund to a bank or other agency approved by the State Government and carrying on business at any place beyond the city at which it may be desirable for the Corporation to have funds in deposit; and any money payable to the credit of, or chargeable against the municipal fund which may, in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], be most conveniently paid into or out of the account of the Corporation at any such bank or agency may be so paid.83. Investment of surplus money.
- 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 from time to time be deposited in [the Imperial Bank of India at Nagpur] [See now the State Bank of India Act, 1955 (XXIII of 1958).] or in any other bank or Co-operative Society approved by the State Government [or deposited with the State Government or with any statutory Corporation approved by the State Government] [These words were inserted by Maharashtra 7 of 1986, Section 4.] or may be invested in such public securities as the State Government may prescribe in this behalf.Chapter VIII
Budget Estimate
[Special Funds [This sub-heading and sections 83A and 83B were inserted by Maharashtra 13 of 1992, Section 8.]83A. Establishment of Consolidated Sewage Disposal and Water Supply Loan Fund.
83B. Establishment of Sewage and Water Fund.
84. Only sums covered by a budget grant to be expended from the municipal fund.
- Except as hereinafter provided, no payment of any sum shall be made out of the municipal fund [or the special funds] [These words were inserted by Maharashtra 13 of 1992, Section 9.] unless the expenditure of the same is covered by a current budget grant and a sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under section 87 or 89 ;Provided that the following items shall be excepted from this prohibition, namely :-85. Expenditure under certain of these exceptions to be reported by [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to [Standing Committee] [These words were substituted for the words 'Mayor-in-Council', by Bombay 79 of 1958, Section 44(a).].
86. Preparation of budget estimates.
87. Power of [Standing Committee] [These words were substituted for the words 'Mayor-in-Council', by Maharashtra 26 of 1999, Section 46(b)(ii).] to reduce or transfer budget grants.
88. Power of Corporation to alter budget grants.
- The Corporation may, from time to time during the financial year, transfer the amount or a portion of the amount of one budget grant from one major head to another in the budget estimate, or increase the amount of any budget grants, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not in such a way as to bring the estimated cash balance at the close of the year below the amount fixed under clause (d) of sub-section (2) of section 86.89. Power of Corporation to re-adjust income and expenditure during the year.
Chapter IX
Loans
90. Power of Corporation to borrow money.
91. Power of Corporation to open credit or cash account with a bank.
92. Limit of borrowing power.
- Notwithstanding anything hereinbefore contained the borrowing powers of the Corporation shall be limited so that the sums payable under this Act shall not at any time exceed together with the balances of all the outstanding loans and debts due by the Corporation, in the whole, double the annual value of the lands and buildings in the City as defined in section 119.93. Form, exchange, transfer and effect of debentures.
94. Signature on coupons attached to debentures.
- All coupons attached to debentures issued under this Act, shall bear the signatures of the [Chairman of the Standing Committee] [These words were substituted for the words 'Member-in-charge', by Maharashtra 26 of 1999, Section 47.] and the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] on behalf of the Corporation and such signatures may be engraved, lithographed or impressed by any mechanical process.95. Debentures issued to two or more persons jointly.
- Notwithstanding anything contained in section 45 of the Indian Contract Act, 1872 -96. Repayment of loans.
- Every loan raised by the Corporation under section 90 shall be repaid within the time approved under proviso (iii) to sub-section (1) of the said section and by such of the following methods as may be approved, namely :-97. Establishment and maintenance of sinking funds for such loan.
- Whenever the repayment of a loan from sinking fund has been sanctioned under proviso (iii) to subsection (1) of section 90 the Corporation shall establish such fund and shall pay into it on such dates as may have been approved under the said proviso, such sum as will, with accumulation of compound interest, be sufficient after payment of all expenses, lo pay off the loan at the time 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 if allowed to accumulate at compound interest it will be sufficient to repay the loan at the time approved, then with the permission of the State Government, further payments into such fund may be discontinued.98. Power of Corporation to consolidate loans.
99. Investment of sinking fund.
100. Power of Corporation to invest in its own debentures.
101. Application of sinking fund.
- Until any loan is wholly repaid, the Corporation shall not apply the sinking fund established in respect of that loan to any purpose other than the repayment of that loan :Provided that when any loan, or part thereof, is consolidated under section 98, the Corporation shall transfer to the sinking fund established for such consolidated loan, the sum standing to the credit of the sinking fund of the original loan, or if part only of a loan is consolidated, then such part of the sum standing to the credit of the sinking fund of the original loan as is proportionate to the amount of the original loan which is incorporated in the consolidated loan.102. Provisions of loans raised by the Municipality of Nagpur, etc.
- In the case of all loans raised by the Nagpur Municipal Committee before this Act comes into force, the following provisions shall apply :-103. Annual examination of sinking funds.
104. Attachment of municipal fund in default of repayment of loan.
105. Attachment of municipal fund for securing payment.
- If the Corporation fails to make any payment as required by sub-section (2) of section 103, the State Government may attach the municipal fund or any part thereof, and the provisions of sub-section (2) of section 104 shall, with all necessary modifications, be deemed to apply.106. Annual statement to be prepared by [Commissioner] [These words were substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
107. Application of the Local Authorities Loans Act, 1914.
- The provisions of the Local Authorities Loans Act, 1914, shall apply to all loans borrowed under this Chapter so far as the said provisions are not inconsistent with the provisions herein contained.Chapter X
Audits and Accounts
108. Accounts to be kept in a form approved by the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, Section 49(a).].
- Subject to any rules made by the State Government in this behalf, accounts of receipts and expenditure of the Corporation shall be kept in such manner and in such forms as the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, Section 49(a).] may from time to Lime prescribe.109. Transmission of accounts to Government.
- The Corporation shall, as soon as the accounts of the past year have been finally passed by it, transmit to the Provincial Government an account in such form as the State Government may from time to time direct.110. Annual administration report and statement of accounts of Corporation.
111. Monthly abstract of accounts.
112. Audit of municipal accounts.
113. Municipal authorities to remedy defects and report to State Government.
Part IV – Chapter XI
Taxation114. Taxes to be imposed under this Act.
115. Procedure for imposing taxes.
115A. [ Property taxes of what to consist and at what rate leviable. [Sections 115A, 115B, 115C were inserted by Maharashtra 13 of 1992, Section 13.]
- The following taxes shall be levied on buildings and lands in the City and shall be called "property taxes", namely :-115B. Sewerage taxes on what properties to be levied.
115C. Water taxes on what properties to be levied.
116. [General tax on properties to be levied] [This marginal note is substituted for the original by Maharashtra 13 of 1992, Section 14(d).].
116A. [ Temporary provision for levying general tax at reduced rate in area of Zilla Parishad included in a City. [Section 116A was inserted by Maharashtra 12 of 1993, Section 22.]
| Sr. No. | Period | Amount of Property Tax | |
| (1) | (2) | (3) | |
| 1. | Period from the date of inclusion of the areain the City upto and inclusive of the 31st March of the secondyear following the year in which the area is including in thecity. | The amount calculated at the rate of tax onland and buildings payable in the area immediately before theinclusion in the City, under clause (i) of sub-section (1) ofsection 124 of the Bombay Village Panchayats Act, 1958, orclause (e) of sub-section (1) of section 157 of the MaharashtraZilla Parishadsand Panchayat Samitis Act, 1961, as thecase may be (hereinafter in this Table referred to as "theamount of tax payable in theZilla Parishadarea:). | |
| 2. | Period of one year following the periodreferred to in entry 1. | 20 per cent, of the amount of general taxpayable in the City or the amount of tax payable in theZillaParishadarea, whichever is more. | |
| 3. | Period of one year following the periodreferred to in entry 2. | 40 per cent, of the amount of general taxpayable in the City or the amount of tax payable in theZillaParishadarea, whichever is more. | |
| 4. | Period of one year following the periodreferred to in entry 3. | 60 per cent, of the amount of general taxpayable in the City or the amount of tax payable in theZillaParishadarea, whichever is more. | |
| 5. | Period of one year following the periodreferred to in entry 4. | 80 per cent of the amount of general taxpayable in the City or the amount of tax payable in theZillaParishadarea, whichever is more. | |
| 6. | Period of one year following the periodreferred to in entry 5. | The same amount of general tax as in force andpayable in the remaining area of the City. |
117. Exemption from [general tax] [These words were substituted for the words 'property tax' by Maharashtra 13 of 1992, Section 15(c).].
118. Discount on [general tax] [These words were substituted for the words 'property tax' by Maharashtra 13 of 1992, Section 16.].
119. Annual value of land or building how to be ascertained.
- For the purpose of assessing land or buildings to the [property taxes] [These words were substituted for the words 'property tax', by Maharashtra 13 of 1992, Section 17(a).],-120. Requisition of name of owner.
- The [Commissioner] [These words were substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, by written notice, require the occupier of any land or building to furnish him within fifteen days with the name and address of the owner of such land or building.121. Treatment of property which is let to two or more persons in separate occupancies.
- Where any building constructed or adapted for the purpose of a single dwelling, or constructed or adapted for that purpose as two parts and for another purpose as to the rest, is let out to two or more tenants severally, the assessing authority in preparing, or revising the assessment list, or amending a current assessment list may, if it thinks fit, having regard to all the circumstances of the case, including the extent, if any, to which the parts separately occupied have been served by structural alteration, treat the building or part thereof as a single property, and a building or part of a building so treated as a single property shall for the purposes of the [property taxes] [These words were substituted for the words 'property tax' by Maharashtra 13 of 1992, Section 18.] be deemed to be a single property.122. Responsibility for payment of property taxes.
- The property [taxes] [This word was substituted for the word 'tax', by Maharashtra 13 of 1992, Section 19.] leviable upon any land or building shall be paid by owner thereof.Explanation. - For the purpose of this section a tenant of land or building or both, under a lease for any agreed period with a covenant for its renewal thereafter, shall be deemed to be owner thereof.123. Employment of assessor.
124. Assessment of annual value and duration of assessment.
125. Returns for purposes of valuation.
126. Public notice and inspection of valuations.
127. Notice when valuation made for first time is increased.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall, in all cases in which any land or building is for the first time valued, or in which the valuation of any land or building previously valued is increased under section 124, give special notice thereof to the owner or occupier of the same, and when the valuation is so increased, the said notice shall contain a statement of the grounds of the increase.128. Notice of objection to valuation.
129. Investigation of objections by [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
130. Appeal to District Court.
131. Valuation when to be final.
132. Keeping of Municipal assessment list.
133. Authentication of assessment list when all objections have been disposed of.
134. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to amend assessment list.
135. Notice of increase of rent.
136. Notice to be given to [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] of demolition or removal of a building.
137. Failure to give notice of increase of rent.
- Whoever fails to give notice of an increase of rent required by subsections (1) and (2) of section 135, or gives notice of an increase of rent which in substance is untrue, shall in addition to any punishment to which he may be liable, be precluded from objecting to any assessment made by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] in respect of such building or land or any portion thereof of which he is the owner.138. Period for which revised valuation to continue in force.
- When the valuation of any land or building is revised in consequence of an objection made under section 128 or an appeal is preferred under section 130, the revised valuation shall take effect from the quarter in which the first valuation would have been taken effect in the same manner and for the same period and subject to the same conditions as the original valuation.139. Payment of property [taxes] [This word was substituted for the word 'tax', by Bombay 79 of 1958, Section 23(a).] how affected by objections to valuations.
- When an objection to a valuation has been made under section 128, the property [taxes] [This word was substituted for the word 'tax', by Bombay 79 of 1958, Section 23(a).] shall, pending the final determination of the objection, be paid on the previous valuation.140. Refund of excess payment.
- If upon the hearing of any objection or appeal from any valuation it is made to appear to the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] or the Court, as the case may be, that the appellant has paid any sum or sums of money in consequence of assessment which he ought not to have paid, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] or the Court as the case may be, shall direct the excess payment to be refunded to the appellant.Supplemental Provisions141. [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to supply copies on payment.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall furnish to any person who applies for it, a copy of the valuation or assessment list for the time being in. force or any extract from any such list on payment of a sum not exceeding the rate of five rupees for every hundred entries numbered separately, and the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] or a person authorised by him in this behalf, shall, if required, certify the copy or extract in such manner as may be prescribed.142. Tax not invalid for defect of form.
143. Power of the Corporation in regard to taxes.
144. Power of the State Government in regard to taxes.
145. Refund of tax on unoccupied immovable property.
146. Duty of furnishing true information regarding liability to municipal taxation.
147. Duty of occupier to furnish true information regarding owner's name and address.
- If the occupier of any land or building neglects or refuses, without reasonable cause, to comply with a notice served under section 120 or furnishes information which is uni rue to his knowledge he shall be punishable with fine which may extend to one hundred rupees.148. Notice of transfers of title, when to be given.
149. Power of entry for the purposes of valuation of taxation.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may authorise any person to do the following acts at any time between sunrise and sunset after giving twenty-four hours' notice to the occupier, or, if there be no occupier, to the owner, of a building or land,-150. Power to examine article liable to toll or cess on imports.
- Every person bringing or receiving within the limits of the City any article in respect of which a toll or cess on imports is payable, shall when required by an officer duly authorised by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] in this behalf and so far as may be necessary for ascertaining the amount of tax chargeable,-151. Power to search where toll or cess on imports is leviable.
152. Punishment for evading payment of toll or cess.
- If animals or articles passing the limits of the Corporation are liable to the payment of a toll or cess on imports, then every person who, with intention to defraud the Corporation causes or abets the introduction of, or himself introduces or attempts to introduce within the said limits, any such animals or articles upon which payment of the toll or cess on imports due on such introduction has neither been made nor tendered, shall be punishable with fine which may extend, either to ten times the value of such toll or cess on imports, or to fifty rupees, whichever may be greater.153. Extension of taxation limits by agreement.
153A. Levy of Street tax.
153B. Levy of Education Cess.
153C. Payment to be made to Corporation in lieu of education cess by State Government.
Chapter XII
Recovery of Corporation's Claims
154. Presentation of bill for taxes and other demands.
155. If bill not paid within fifteen days, notice of demand to issue.
156. In what case warrant may issue.
157. Power of Corporation to remit certain fees.
- The Corporation may in its discretion remit the whole or any part of any fee chargeable under sub-section (2) of section 155 or sub-section (3) of section 156.158. Power of officer to break open door or window.
- Any officer charged with the execution of a warrant of distress issued under section 156 may, if authorised by a general or special order in writing by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] between sunrise and sunset break open any outer or inner door or window of a building in order to levy distress,-159. Warrant how to be executed.
- The officer charged with the execution of a warrant of distress issued under section 156 shall, if authorised by the warrant, distrain, wherever it may be found, any movable property or attach any immovable property of the person named in the warrant subject to the following conditions, namely :-160. Sale of goods distrained in special in cases.
161. Sale outside the City.
- Where the warrant is to be executed outside the limits of the City, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] 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 section 160 and to exercise the powers and perform the duties of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] under sub-sections (1) and (2) of section 160 in respect of such sale except the power of suspending the warrant. Such person shall after deducting all costs of recovery incurred by him, remit the amount recovered under the warrant to the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] who shall dispose of the same in accordance with the provisions of section 160.162. Fees and costs chargeable.
- The fees for every notice or warrant issued and for the maintenance of any live-stock seized under this Chapter shall be chargeable at the rates specified in this behalf in the by-laws of the Corporation and shall be included in the cost of recovery to be levied under section 156.163. Summary proceedings may be taken against persons about to leave the City.
164. Appeal to Magistrates.
165. Liability of buildings, lands etc., for taxes.
- All sums due from any person in respect of taxes on any land or building shall, subject to prior payment of any land revenue in respect of it due to the Government, be a first charge upon the said land or building and upon any movable property found within or upon such land or building and belonging to the said person :Provided that, no arrears of any such tax shall be recoverable from any occupier who is not the owner, if such arrears are for a period during which the occupier was not in occupation.166. Receipts to be given for all payments.
- For every sum paid on account of any tax under this Act a receipt shall be tendered by the person receiving these payments, stating the sum and the tax on account of which it has been paid.167. Writing off irrecoverable taxes.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, with the previous approval of the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, section 55.], order to be struck off the books any sum due on account of any tax or of the costs of recovering any tax, which may appear to him to be irrecoverable.168. Recovery of toll and cess on imports.
169. Taxation not to be questioned except under this Act.
Part V – Public Health, Safety and Convenience
Chapter XIII
Public Convenience
Municipal Drains170. Cleaning drains.
- For the purpose of Hushing and cleansing drains the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may construct or setup such reservoirs, sluices, engines, and other works as he may from time to time deem necessary.171. Places for emptying of drains and disposal of sewage.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may cause all or any municipal drains to empty into any place, whether within or without the limits of the Corporation, and may dispose of the sewage at any place, whether within or without the limits of the Corporation, and in any manner which he may deem suitable :Provided that the State Government may prohibit the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] from causing any municipal drains to empty into any place or from disposing of any sewage at any place or in any manner, which it considers unsuitable.172. Provision of means for disposal of sewage.
- For the purpose of receiving, storing, disinfecting, treating, purifying, distributing, or otherwise disposing of sewage the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may -173. Alteration and discontinuance of drains.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may enlarge, 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 :Provided that if, by reason of anything done under this section, any person is deprived of the lawful use of any drain, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall, as soon as may be, provide for his use some other drain as effectual as the drain which has been discontinued, closed up or destroyed.Drains and Privies174. Latrines and urinals.
- The Corporation shall provide latrines and urinals for the use of the public.175. Provision of drains, privies, etc.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may by notice, require the owner of any building or land to provide, move or remove any drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or other receptacle for filth or refuse or provide any additional drains, privies, latrines, urinals, absorption pits, disposal works, cesspools or other receptacles as aforesaid which should, in his opinion, be provided for the building or land, in such manner and of such pattern as the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may direct.176. Repair and closing of drains, privies, latrines, urinals etc.
177. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to demolish drains etc.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, by notice, require any person who may construct any new drain, privy, latrine, urinal, absorption pit, disposal work, cesspool or receptacle for filth or refuse without his permission in writing or contrary to his directions or the provisions of this Act or the rules or by-laws made thereunder or who may construct, rebuild or open any drain, privy, latrine, urinal, absorption pit, disposal work cesspool or receptacle for filth or refuse which the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] has ordered to be demolished or stopped or not to be made, to demolish the drain, privy, latrine, urinal, absorption, pit, disposal work, cesspool or receptacle, or to make such alteration therein as he may think fit.178. Unauthorised building over drains, etc.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, by notice, require any person who without his permission in writing may newly erect or rebuild any building over any drain, conduit, water-course, pumping main, or water pipe vested in the Corporation to pull down or otherwise deal with the same as the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may think fit.179. Removal of latrine etc. near any source of water supply.
180. Discharging sewage.
- Whoever, without the permission of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] causes or knowingly or negligently allows the contents of any sink cesspool or any other offensive matter to flow, drain or be put upon any street or public place, or into any irrigation channel or any drain not set apart for the purpose, shall be punished with fine which may extend to twenty rupees.181. Making or altering drains without authority.
- Whoever, without the permission of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], makes or causes to be made, or alters or causes to be altered, any drain, leading into any of the drains vested in the Corporation, shall be punished with fine which may extend to fifty rupees.182. Power to require removal of nuisance arising from tanks and the like.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, by notice, require the owner or occupier of any land or building to cleanse, repair, cover, fill up or drain off any private well, tank, reservoir, pool, depression or excavation therein which may appear to the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to be injurious to health or offensive to the neighbourhood :Provided that if for the purpose of effecting any drainage under this section it should be necessary to acquire any land not belonging to the same owner or to pay compensation to any person, the Corporation shall provide such land or pay such compensation.183. New buildings not to be erected without drains.
- It shall not be lawful to erect or re-erect any building, any part of which is within one hundred feet of a municipal drain or of some place set apart by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] for the discharge of drainage or to occupy any such building newly erected or re-erected unless and until -184. Sewage and rain-water drains to be distinct.
- Whenever it is provided in this Act that steps shall or may be taken for the effectual drainage of any premises, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may require that there shall be one drain for offensive matter and sewage and another drain for rainwater and unpolluted sub-soil water, each emptying into separate municipal drains or other places set apart by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] for the discharge of drainage, or into other suitable places.185. Rights of owners and occupiers of premises to carry drains through lands belonging to other persons.
186. Obligation of owner of drain to allow use of or joint ownership therein to others.
- Every owner of a drain connected with a municipal drain or other place set apart by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] for drainage shall be bound to allow the use of it to other persons, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 188.187. How right of use or joint ownership of a drain may be obtained by a person other than the owner.
- 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 permission to use his drain, or may apply to the Commissioner for authority to use such drain or to be declared a joint owner thereof.188. [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may authorise person other than the owner of a drain to use the same or declare him to be a joint owner thereof.
189. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to drain premises in combination.
190. Connecting drains to be constructed at the expenses of owners of premises.
191. Affixing of pipes for ventilation of drains.
192. Right of Corporation of drains constructed at charge of municipal fund.
- All drains and fittings thereof (including ventilation, shafts and pipes) constructed or set up at the cost of the municipal fund [or the special funds constituted under section 83A or 83B] [These words were inserted by Maharashtra 13 of 1992, Section 25.] shall vest in the Corporation.Chapter XIV
Conservancy
193. Deposit of rubbish, offensive matter, sewage and carcasses.
194. Collection and removal of sewage.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may give public notice that the collection and removal of sewage, offensive matter and rubbish from the land and buildings in any portion of the City will be undertaken by municipal agency, and he shall then forthwith take measures for the due collection and removal of such matter from any lands and buildings situated in the said portion of the City.195. Collection and temporary deposit of rubbish and offensive matter by occupiers of premises.
196. Prohibition of accumulations of offensive matter.
- No person -Chapter XV
Sanitary Provisions
Regulation of Public Bathing, Washing, Etc.197. Construction of places for public bathing, etc.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], may from time to time -198. Prohibition of corruption of water by steeping therein animal or other matter.
- No person shall -199. Regulation of washing of clothes by washermen.
Chapter XVI
Water Supply
200. General powers for supplying the City with water.
- For the purpose of providing a supply of water proper and sufficient for public and private purposes, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, either within or without the City,-201. Supply of water.
202. Making connections with municipal water works.
- Where an application under section 201 has been received, all necessary communication-pipes and fittings shall be supplied by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] and the work of laying and applying such communication-pipes and fittings shall be executed by municipal agency under the [Commissioner's] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] orders; but the cost of making any such connection and of all communication pipes and fittings so supplied and of all work so executed, shall be paid by the owner or the person making such application. The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall provide a meter and charge rent for the same.203. Obligation of owner or occupier to give notice of waste of water.
- Any owner or occupier of any land or building in or on which water supplied under this Act is misused from negligence or other circumstances under his control or in which the pipes, mains or other works are out of repair to such an extent as to cause waste of water shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may appoint in this behalf.204. Responsibility for damage caused by leakage of water.
- Neither the owner nor occupier of any land or building in which pipes, mains or other works are situated, nor the Corporation shall be liable to pay compensation to any person for any damage caused by any leakage of water or any failure to keep in repair such pipes, mains or other works, unless the owner or occupier or the Corporation has knowledge thereof and has failed to take reasonably prompt action to report the same to the prescribed officer or to stop the leakage or to execute the required repairs, as the case may be.205. Cutting off of water supply to premises.
- If any person whose premises are supplied with water neglects to pay any sum payable, under section 201 when due, or to give notice as provided in section 203 or wilfully or negligently misuses or causes waste of water, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may cut-off the supply of water to the said premises.206. Presumption as to correctness of meter.
- Whenever water is supplied under this Chapter through a meter, it shall be presumed, that the quantity indicated by the meter has been consumed, until the contrary is proved.207. Injuring water-works, misappropriating water and tampering with meters.
- No person shall -208. Misuse of and leaving open valves and tampering with valves and hydrants.
- No person shall -209. Prohibition of erection of any building which would injure sources of water supply.
- Except with the permission of the Corporation, no person shall -210. Prohibition of bathing in or polluting water.
- Except as provided hereinafter, no person shall -Chapter XVII
General Provisions with Reference to Drainage, Water Supply and Water and Other Mains
211. Occupier of premises to be primarily liable for certain offences against the Act.
- If an offence against any provision of Chapter XIII, XIV, XV or XVI or against any rule or by-law made under the provisions of this Act relating to water supply has been committed on any premises to which a private supply of water is furnished by the Corporation, it may be presumed, until the contrary is proved, that such offence has been committed by the occupier of the said premises.212. Least practicable nuisance to be caused.
213. Power of carrying wires, pipes, drains, etc.
- Subject to the provisions of any law for the time being in force, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may carry any cable, wire, pipe, drain or channel of any kind required for the establishment or maintenance of any system of drainage, water supply or lighting through, across, under or over any street or any place laid out as or intended for a street, and also after giving reasonable notice in writing to the owner or occupier, through, across, under, over or along side any land or building whatsoever within or without the City, and may place and maintain in any immovable property in the City or without the City any posts, poles, standards, brackets or other contrivances for supporting cables, wires, pipes, channels and lights and may do all acts necessary or expedient for repairing, and maintaining any such cable, wire, pipe, drain, channel, post, pole, standard, bracket or other similar contrivance in an effective state for the purpose for which it is intended to be used or for removing the same.214. Provision as to wires, pipes or drains laid or carried above surface or ground.
- In the event of any cable, wire, pipe, drain, sewer, or channel being laid or carried above the surface of any land or through, over or up the side of any building, such cable, wire, pipe, drain, sewer or channel, as the case may be, shall be so laid or carried as to interfere as little as possible with the rights of the owner or occupier to the due enjoyment of such land or building and reasonable .compensation shall be paid in respect of any substantial interference with any such right to such enjoyment.215. Previous notice to be given.
- Except in cases to which sections, 354, 355 and 356 relate the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall cause not less than fourteen days notice in writing to be given to the owner or occupier before commencing any operations under section 213.216. Connection with main not to be made without permission of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
217. Power of Commissioner to require the owner to make provision for drainage.
- Where any premises have no drain communicating with a public sewer, or a drain communicating with the public sewer, but insufficient for the effectual drainage of the premises, or a drain not adapted to the general sewerage system of the City, or a drain which is in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], otherwise objectionable, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, by notice, require the owner of the premises to make satisfactory provision for the drainage of the premises or to do such other work within such time as may, in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], be necessary for remedying the cause of complaint.218. Power to establish meters and the like.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may establish meters or other appliances for the purpose of testing the quantity or quality of electricity supplied to the premises of any person or for the use of any person or business.219. Communications and connections, etc., to be executed subject to inspection by and to satisfaction of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
- The ferrules, communication pipes, connections, meters, stand-pipes and all fittings thereon or connected therewith, leading from mains or service cables, wires, pipes, drains, or channels into any house or land and the wires, pipes, fittings and works inside any such house or within the limits of any such land, shall in all cases, other than cases which the State Government may by general or special order exempt from the operation of this section, be executed to the satisfaction of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].220. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to fix scale of charges.
- Subject to the provisions of any law for the time being in force the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, from time to time, fix the scales of charges which the Corporation may make for establishing communications from and connections with mains or service cables or for installing wires and pipes for the supply of electricity or water or for the use of meters or other appliances for testing the quality or quantity thereof and may levy such charges from the owner or occupier as the circumstances may require.221. Troughs and pipes for rainwater.
222. Control by Corporation and the [Standing Committee] [These words were added, by Bombay 79 of 1958, Section 58(c).].
- In dealing with municipal drainage, sewage and water-works schemes the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] shall follow the general principles laid down by the Corporation, with the approval of the State Government, for any scheme of sewage or drainage or water-works [and may refer to the Standing Committee any question connected with the carrying out of such a scheme in which the intention of the Corporation does not appear to him to have been clearly expressed, or in which the provisions of the scheme appear to him to require modification. The Standing Committee shall in its discretion either decide the question or refer the matter for the orders of the Corporation] [This portion was substituted, by Bombay 79 of 1958, Section 58(b).] :Provided that any question involving the expenditure of a sum, exceeding one lakh of rupees shall be referred to the Corporation for orders.223. Buildings not to be erected without permission over drains or water or air mains.
224. Control by the State Government.
- No drainage or sewage or water-works scheme involving an expenditure of a sum of five lakhs of rupees or more shall be sanctioned by the Corporation without the previous approval of the State Government.225. Power of access to municipal water works.
- Any municipal sewage or drainage scheme or any municipal water works may be inspected by a person appointed by the State Government in this behalf, and the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] or any such person may at all reasonable times-226. Compensation for damage.
- If in the exercise of any of the powers conferred by section 213 or 225 any damage or inconvenience is caused, which in the circumstances could reasonably have been avoided, the Corporation or the Government shall pay compensation according as the damage or inconvenience is caused by the Corporation or by a person appointed by the Government.Chapter XVIII
Public Health and Safety Regulation of Factories and Trades
227. Factories not to be established, etc. without permission of [Commissioner] [This word was substituted for the word 'Mayor' by Maharashtra 26 of 1999, Section 59(b).].
- No person shall -228. Sanitary regulation of factories, etc.
229. Regulation of dangerous and offensive trade.
- Except in accordance with the provisions of this Act, no person shall -230. Premises not to be used for certain purposes without a licence.
- (1I) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] in this behalf, namely :-(a)carrying on within the City the trade or operations of a carrier;(b)keeping articles in excess of the maximum laid down for such articles by the by-laws;(c)keeping any article, which, except for.domestic purposes, is prohibited by any by-laws;(d)keeping in or upon any building used or intended to be used as a dwelling house or within fifteen feet of such building, any quantity of cotton in excess of four hundred weights;(e)keeping horses, cattle or other four-footed animals for sale or hire or for the sake of the produce thereof, or for any purpose for which any charge or remuneration is made or received;(f)carrying on any of the prescribed trades or operations connected therewith, or any trade or operation which in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], is dangerous to life, 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, it is carried on.Explanation I. - A person shall be deemed to know that a trade or operation is, in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], dangerous or likely to create a nuisance within the meaning of this clause after a written notice to that effect signed by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] has been served on him or affixed to the premises to which it, relates.Explanation II. - A person shall be deemed to carry on a trade or operation or to allow it to be carried on within the meaning of this paragraph if he docs any act in furtherance of such trade or is in any way engaged or concerned therein as principal, agent, master or servant or in any other similar capacity.231. Prohibition of corruption of water by chemicals, etc.
232. Inspection of premises used for manufactures, etc.
233. Prohibition of cinematographs and dramatic performances except in licensed premises.
Chapter XIX
Markets and Slaughter Places
234. Power of Corporation to permit opening of new private markets.
235. Private markets not to be kept open without a licence.
236. Selling animals, meat, etc. outside a market without a licence.
237. Power of Corporation to regulate the manufacture, preparation and sale of food and drink.
- The Corporation may, and if required by the State Government shall, by by-laws -238. Places for slaughter of animals for sale.
239. Disposal of dead animals.
Chapter XX
Food, Drinks, Drug and Dangerous Articles
240. Prohibition of sale of diseased animals or unwholesome articles intended for human consumption.
- No person shall sell, expose or hawk or keep for sale any animal intended for human consumption which is diseased, and no person shall sell, store for sale, expose or hawk for sale or manufacture any food, drink or drug intended for human consumption or medical treatment which is unsound, unwholesome, adulterated or unfit for human consumption.241. Prohibition of adulterants in places where butter, ghee, etc. are manufactured or stored.
242. Prohibition of sale of certain articles which are not of the prescribed standard of purity.
- No person shall, directly or indirectly, sell, expose or hawk for sale, or manufacture or store for sale any drug or article of food or drink to which the State Government has by notification applied this section unless it fulfils the conditions specified in such notification.243. Substitutes.
- No person shall sell, or offer, expose, manufacture or store for sale, as being a specified drug or article of food or drink to which the State Government has by notification extended this section, any article (hereinafter referred to as "substitute") which resembles or purports to be a notified drug or article but differs therefrom in nature, substance or quality.244. Prohibition of sale etc. of food or drink not of the nature, substance or quality of the article as represented.
245. Licence required for dealing in milk, etc.
- No person shall, without or otherwise than in conformity with the terms of a licence granted by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] in this behalf -246. Provisions relating to prosecutions.
- In any prosecution under sections 240, 241, 242 and 243 -247. Liability of warrantors.
- When any person has been discharged or acquitted of an offence on the grounds mentioned in clause (c) of section 246 and the warranty proves to be incorrect or misleading, the warrantor shall be liable to be prosecuted for such offence and the provisions of section 246 shall apply in a like manner as if he were himself the seller or storer, as the case may be.248. Inspection of place for sale of food or drink and seizure of unwholesome articles or utensils found therein.
249. Destruction of animals and articles seized under section 248.
250. Taking before Magistrate of animals and articles seized under section 248.
251. Food, drink or drugs directed to be destroyed deemed to be the property of the Corporation.
- Any animal, food, drink or drug in respect of which any authority exercising powers under this Chapter passes an order of destruction or disposal so that it cannot be used as food or medicine, shall thereupon be deemed to be the property of the Corporation.252. Application of provisions of this Chapter to other articles.
- The provisions of this Chapter shall, so far as they are applicable, apply to such other articles as the State Government may by notification in the Gazette declare to be dangerous for human use.Chapter XXI
On Restraint of Infection
253. Information to be given of existence of dangerous disease.
- Whoever -254. Powers of Medical Officer of Health to inspect places and take measures to prevent spread of dangerous diseases.
- The Medical Officer of Health, or any other municipal officer authorised by him in this behalf, may, at any time by day or by night, without notice, or after giving such notice of his intention as may, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reported or suspected to exist, and take such measures as he may think fit to prevent the spread of the disease beyond such place.255. Prohibition of use for drinking or for other domestic purposes of water likely to cause dangerous disease.
256. Power of Medical Officer of Health to remove patient to hospital in certain cases.
257. Power of Medical Officer of Health to disinfect building, tank, pool or well.
258. Power of Medical Officer of Health to destroy huts and sheds.
259. Infected building not to be let without being first disinfected.
- No person shall let a building or any part of a building in which he knows or has reason to know that a person has been suffering from a dangerous disease -260. Provisions of places for disinfection, washing or destruction of infected articles and power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to disinfect or destroy such articles.
261. Infected articles not to be transmitted, etc., without previous disinfection.
262. Restrictions on carriage of patient or dead body in public conveyance.
263. Disinfection of public conveyance after carriage of patient or dead body.
264. Power of Corporation to provide special conveyance for patient or dead body.
265. Power of Corporation to take special measures on outbreak of dangerous disease or infectious epizootic disease.
- 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 epizootic disease breaking out or being likely to be introduced into the City, the Corporation, if it considers that the other provisions of this Act, or the provisions of any other enactment for the time being in force are insufficient for the purpose, may, with the sanction of the State Government -Chapter XXII
Disposal of the Dead
266. Provision of new places for disposal of the dead.
- If the existing places for the disposal of the dead appear to the Corporation at any time to be insufficient, it shall provide further fit and convenient places for the purpose :Provided that, except with the written permission of the State Government no place shall be so provided -267. Power of State Government to direct the closing of any place for the disposal of the dead.
268. Power of the State Government to direct reopening of place closed under section 267 or other enactment.
269. Prohibition of certain acts without the permission of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
270. Removal of corpses.
Part VI – Lands, Buildings and Streets
Chapter XXIII
Town Planning
271. Town planning scheme.
272. [ [Section 272 was deleted by Maharashtra 41 of 1994, Section 97.]
* * *]Chapter XXIV
Building Control
273. Prohibition of erection or re-erection of buildings without permission.
274. Notice of buildings.
275. [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to refuse erection or re-erection of buildings.
276. Grounds on which site of proposed building may be disapproved.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may on all or any of the following grounds refuse to approve the site on which an applicant proposes to erect or re-erect any building :-277. Grounds on which permission to erect or re-erect buildings may be refused.
278. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to direct modification of a sanctioned plan of a building before its completion.
- If at any time before the completion of a building, of which the erection has been sanctioned under section 275, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] finds that any modification of the sanctioned plan is necessary, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, subject to compensation for any loss to which the owner may be put, direct that the building be modified accordingly.279. Lapse of sanction after one year from the date of such sanction.
- Every sanction for the erection or re-erection of any building shall remain in force for one year only from the date of such sanction, or for such longer period as the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may have allowed when conveying sanction under section 273. If the erection or re-erection of the building is not commenced within one year and completed within two years or such longer period as may have been allowed by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] the sanction shall be deemed to have lapsed; but such lapse shall not bar any subsequent application for fresh sanction under the foregoing provisions of this Act.280. Completion certificate and permission to occupy or use.
281. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to stop progress of building work unlawfully commenced or carried on.
282. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to direct removal of person from buildings in which works are being unlawfully carried on or which are unlawfully occupied.
283. Erection and use of temporary buildings to be approved by [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
284. Power to regulate line of buildings.
285. Compensation.
286. Power to require removal or alteration of work not in conformity with by-laws or any scheme or any other requirement.
287. Bar on jurisdiction.
- Save as otherwise expressly provided in this Act or rules made thereunder, no Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Chapter required to be settled, decided or dealt with by the Corporation, or the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].Chapter XXV
Dangerous and Insanitary Buildings
288. Provisions regarding buildings unfit for human habitation.
289. Removal of buildings in dangerous state.
290. Abondoned or unoccupied premises.
- If it appears to the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] that any building or structure has been abondoned or is unoccupied and has become a resort of disorderly persons or is by reason of its condition seriously detrimental to the amenities of the neighbourhood, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may give a written notice to the owner of such building or structure if he is known and found to be a resident within the limits of the Corporation, or to any person who is known or believed to claim to be the owner, if such person is resident within the limits of the Corporation, and shall also affix a copy of the notice on some conspicuous part of the building or structure requiring all persons having any right or interest therein to take such order with the said building or structure as may, in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] be necessary to prevent the same from being resorted to as aforesaid or from being seriously detrimental to the amenities of the neighbourhood.291. Reclamation of low-lying sites.
292. Power to prohibit re-erection of building on inaccessible sites.
293. Removal of building materials from any premises in certain cases.
- If it appears to the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] that any stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises in such quantity or bulk or in such a way as to constitute a harbourage or breeding place for rats or other vermin or is otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may by a 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 may, in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], be necessary or expedient to abate the nuisance or prevent a recurrence thereof.294. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to call for statement of accommodation.
295. Cleaning and disinfecting of buildings.
296. "Building" to include part of a building for purposes of this Chapter.
- For the purposes of this Chapter the expression "building" includes a part of a building.Chapter XXVI
Streets
Public Streets297. Closing of public streets.
298. Laying railway, tramways or electrical telephone poles.
299. Prohibition of projections upon streets.
300. Procedure to be followed by [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] on conviction of a person under section 421.
- When any person has been convicted under section 421, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may -301. Restriction on powers of municipal authorities in relation to streets.
302. Footing of building not to establish title to land belonging to Government or vesting in Corporation.
- No title to any land belonging to or vested in the Government or the Corporation shall be deemed to have been acquired by reason only that the footing of the foundations of any building, wall or other structure, project or have projected below the surface of such land.Obstruction in Streets303. Prohibition of obstructions in streets.
- No person shall, except with the permission of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] and in accordance with such conditions including the payment of rent as he may impose either generally or specially in that behalf, place or deposit upon any street or drain, well or channel therein, any stall, chair, bench, box, ladder, bale, tray, goods or other things and the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may without giving notice remove any such stall, chair, bench, box, ladder, bale, tray, goods or other thing or may in lieu of such removal collect such rent for the use of the land as he may impose.304. Streets not to be opened or broken up and building materials not to be deposited therein without permission.
305. Ground floor doors, etc. not to open outwards on streets.
- If any door, gate, bar or window on the ground floor of any premises opens outwards upon a street or upon any land required for the improvement of a street in such a manner as, in the opinion of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], to obstruct the safe or convenient passage of the public along such street, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may at any time by a written notice require the owner of the said premises to have the said door, gate, bar or window altered so as not to open outwards.306. Powers to require removal of old projections.
307. [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may call for further particulars.
308. Level of new street to be determined by [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
- The level direction, width, and means of drainage of every new street and the height and means of drainage of the buildings to be erected on each side thereof shall be fixed and determined by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].309. New streets not to be made and buildings on either side thereof not to be erected except in accordance with the direction of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
310. Levelling, metalling, etc. of streets.
310A. Provision for parking or halting places or lots and fees or charges therefor.
- The Commissioner may, in consultation with the Commissioner of Police, Nagpur, 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.311. Power to declare streets when metalled, etc. public streets.
312. Power to construct or maintain public bridges.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], when authorised by the Corporation in this behalf, may agree -Chapter XXVII
General Provisions as to Streets and Public Nuisance
313. Power to require protection of streets during cutting down of trees, erection, demolition of buildings, etc.
314. Power to attach brackets for lamps.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may at tach brackets for lamps to the outside of any building but in such manner as not to occasion any injury to the building or inconvenience to persons using it or passing by it.315. Destroying direction-posts, lamp-posts, etc.
- Whoever, without being authorised by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], defaces or disturbs any municipal direction-post, lamp-post of lamp or extinguishes any municipal light in any public place, shall be punishable with fine which may extend to ten rupees.316. Bill sticking without permission.
317. Indecent or obsence pictures or printed or written matter.
317A. [ Regulation of posters depicting scenes from films, etc. [Section 317A was inserted by Maharashtra 42 of 1997, Section 26.]
- No person shall, without the written permission of the Commissioner, erect or fix or retain any poster depicting any scene from a cinematographic film, stage play or other stage performance, upon any land, building, wall, boarding or structure. No such permission shall be granted unless prior scrutiny of such poster is made by the Commissioner and he is satisfied, that the erection, fixing or retention of such poster is not likely to offend against decency or morality.]318. Naming of streets and numbering of houses.
- [* * *] [Sub-section (A1) was deleted by Maharashtra 26 of 1999, Section 68(a).]319. Inflamable materials.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, where it appears to him to be necessary for the prevention of danger to life or property, by public notice prohibit all persons from stacking or collecting timber, wood, dry grass, straw or other inflamable materials or placing mats or thatched huts or lighting fires in any place or within any limits specified in the notice.320. Roofs and external walls not to be made of inflammable materials.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may by general or special order direct that no roofs and external walls of huts or other buildings shall, within the specified limits be made of grass, mats, leaves, or other inflammable material, or repaired or renewed with the same, unless his permission in writing has been obtained.321. Picketing animals or collecting carts.
322. Driving vehicles without proper lights.
- Whoever drives or propels any vehicle not properly supplied with lights in any street during the period from half an hour after sunset to half an hour before sunrise shall be punishable with fine which may extend to five rupees.323. Beating drums, etc.
324. Use of steam whistle, etc.
325. Discharging fire-arms.
- Whoever discharges firearms or lets off fire-works, fire balloons, or detonators, or engages in any game in such a manner as to cause, or be likely to cause danger to persons passing by or dwelling or working in the neighbourhood, or risk of injury to property, shall be punishable with fine which may extend to twenty rupees.326. Quarrying, blasting, cutting timber or building.
- Whoever quarries, blasts, cuts timber or carries on building operations in such manner as to cause, or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood, shall be punishable with fine which may extend to fifty rupees.327. Lopping of branches, etc. of tree or plant on a public place.
- Whoever, without the permission of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], lops or cuts the branches or twigs of any tree or plant standing on a public place, or plucks the fruits, flowers or leaves of such tree or plant, or causes any damage thereto, shall be punishable with fine which may extend to twenty five rupees, or in the case of a second or subsequent breach, to fifty rupees.Part VII – Chapter XXVIII
Co-Operation of Police328. Co-operation of Police.
329. Powers of police to arrest offenders.
330. Power of City Superintendent of Police to arrest a person on requisition from [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].
- On a written requisition from the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], the City Superintendent of Police shall order arrest of any person who obstructs any Corporation Officer or servant engaged in the discharge of any duty imposed by this Act or by any rule or by-law made thereunder.331. Police protection at fairs, etc.
- When special police protection is, in the opinion of the State Government, necessary on occasion of any fair, agricultural show or industrial exhibition managed by the Corporation, or for the purpose of guarding houses evacuated through plague or other epidemic, the State Government may provide such protection, and the Corporation shall pay the charges t hereof or such part of them as the State Government considers equitable.Chapter XXIX
Prevention and Extinction of Fires
332. Maintenance of fire brigade and arrangements for the prevention and extinction of fire.
333. Power of fire brigade and other persons for suppression of fire.
334. Power to make regulations for fire brigade.
335. Precautionary measures for places of public entertainment.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, by notice, require the manager or proprietor of any place of public entertainment to make such provision as he may direct for the prevention and extinction of fire, and for the easy exit of the audience in case of fire.Chapter XXX
Dangerous Animals
336. Disposal of mad and stray dogs and other animals.
337. Allowing dogs to be at large.
- Whoever, being the owner or person in charge of any dog, allows it to be at large in any street without a muzzle -338. Control of elephants or camels.
- Whoever, being in charge of any elephant, camel or bear, omits on being requested so to do to remove as far as may be practicable his elephant, camel or bear to a safe distance on the approach of a horse, whether ridden or driven, or any vehicle drawn by bullocks, shall be punishable with fine which may extend to twenty rupees.339. Taking elephants along public streets.
- Whoever, without a permit from the City Superintendent of Police or any other officer not below the rank of a Sub-Inspector of Police, authorised by him in this behalf or in contravention of the terms of such a permit takes an elephant along a street, shall be punished with fine which may extend to twenty rupees.340. Letting loose horse or other animals.
- Whoever wilfully or negligently lets loose any horse or other animal so as to cause, or negligently allows any horse or other animal to cause injury, danger alarm or annoyance to any person or damage to property, shall be punishable with fine which may extend to fifty rupees.Chapter XXXI
Beggars
341. Commencement of Chapter.
- The provisions of this Chapter shall come into the force on such date as the State Government may by notification appoint in that behalf.342. Soliciting alms.
343. Importing beggar.
- Whenever the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] receives information that any person within the limits of the City lives wholly or in part on the proceeds of the begging of others, he may, in writing inform a Magistrate, who shall deal with such person as if the information received about him was of the description mentioned in section 109 of the [Code of Criminal Procedure, 1898] [Now read Code of Criminal Procedure, 1973 (2 of 1974).], and for the purposes of any proceedings under this section the fact that a person lives as aforesaid may be proved by evidence of general repute or otherwise.Chapter XXXII
Disorderly Houses
344. [ [Repealed by Section 13 of the M. P. Suppression of Immoral Traffic Act, 1953 (III of 1953).]
x x x]345. [ [Repealed by Section 13 of the M. P. Suppression of Immoral Traffic Act, 1953 (III of 1953).]
x x x]Chapter XXXIII
Weights and Measures
346. Power to inspect weights and measures and seize false weights, etc.
Part VIII – Chapter XXXIV
General Provisions for the Carrying on of Municipal Administration347. [ [Section 347 was deleted by Bombay 79 of 1958, Section 9.]
* *]ProcedureLicense and Written Permissions348. Licenses and written permissions.
349. Proof of consent, etc. of municipal authorities or municipal officers.
- Whenever under this Act or any rule or by-law made thereunder, the doing or the omitting to do any thing or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion, or satisfaction of -350. Signature on notices, etc. may be stamped.
351. Service of notice, etc. how to be effected on owner or occupier of premises.
- When any notice, bill, schedule, summons or other document is required by this Act or any rule or by-law made thereunder to be served upon or issued or presented to any person as owner of occupier of any land or building, in so far as it concerns that land or building, the service, or issue or presentation thereof shall be effected either -352. Service of notice, etc. how to be effected on any person otherwise than as owner or occupier of premises.
- When any notice, bill, schedule, summons or other document is required by this Act or by any rule or by-law made thereunder to be served upon or issued or presented to any person, otherwise than as owner or occupier of any land or building, such service, issue or presentation shall be effected -353. The two preceding sections inapplicable to Magistrate's summonses.
- Nothing in the two preceding sections shall apply to any summons issued under this Act by a Magistrate.Powers of Entry and Inspection354. Power of entry on premises for purposes of inspection, survey or execution of necessary work.
355. Power of entry on lands adjacent to works.
356. Right of entry into and inspection of premises licensed for any purpose.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], or any Corporation officer authorised by him in that behalf, may at any time by day or night and without notice, enter into or upon any place or premises used or intended to be used for any purpose for which any licence or permission is required by or under this Act or any rule or by-law made thereunder in order to satisfy himself whether any provision of this Act or any rule or by-law or any condition of any licence or permission granted or required under this Act or any rule or by-law made thereunder is being contravened, and whether any nuisance is being created in or upon such place or premises.357. Prohibition of obstructing entry.
- No person shall, in any way, obstruct any municipal officer duly authorised in that behalf in making any entry under sections 346, 354, 355 or 356 or any other municipal officer or any other persons accompanying him at his request or acting under his orders for the purpose of such entry.Enforcement of Orders to Execute works, etc.358. Execution of works which any person is required to execute by [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] at such person's cost.
359. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to accept agreement for payment of expenses in instalments.
360. Power of State Government to declare certain expenses to be improvement expenses.
- If any cost or expenses recoverable under this Act have been incurred by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] under any provision of this Act or any rule or by-law made thereunder or by any Trust under the Nagpur Improvement Act, 1936, in respect of, or for the benefit of, any land or building, the State Government may after consulting the Corporation and the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], declare such expenses to be improvement expenses.361. Improvement expenses how recoverable and by whom payable.
362. Right of owner or occupier to redeem charge for improvement expenses.
- At any time before the expiry of the period for the payment of any improvement cost or expenses, the owner or occupier of the premises on which they are charged may, redeem such charge by paying to the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] such part of the said cost or expenses as are still payable.363. Execution of work by occupier in default of owner and deduction of expenses from rent.
- Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act, or under any rule or bylaw made thereunder, the occupier (if any) of such land or building may, with the previous approval of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], execute the said work and shall be entitled to recover from the owner the reasonable expenses incurred by him in so doing and may, without prejudice to any other right of recovery, deduct the amount thereof from the rent payable by him to the owner.364. Limitation of liability of agent or trustee or owner.
- No person who receives the rent of any land or building as an agent or trustee only shall be liable to do anything which by this Act or any rule or by-law made thereunder is required to be done by an owner, if he proves to the satisfaction of the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] that he has not in his hands funds belonging or payable to the owner sufficient for the purpose ;Provided that nothing in this section shall be deemed to prevent the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] from carrying out the necessary works and recovering the expenses so incurred from the actual owner.Payment of Compensation365. General power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to pay compensation.
- In any case not otherwise expressly provided for in this Act, or in any rule or by-law made thereunder, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, with the previous approval of the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, Section 72.], pay compensation to any person who sustains damage by reason of the exercise of any of the powers vested by this Act or by any such rule or by-law, in the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], or in any municipal officer or servant.366. Compensation to owner for value of immovable property deteriorated.
367. Principle on which and manner in which compensation should be determined.
368. Procedure on complaint of injury.
369. Compensation to be paid by offenders against this Act for any damage caused by them.
370. Reference by [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to the District Court, Nagpur.
371. Application to District Court.
372. Recovery of sums ascertained under section 366 to be due.
- If the amount of any expenses, or compensation determined in accordance with section 366, is not paid on demand by the person liable to pay the same, it shall be recoverable as if the same were due under a decree of the Court of a District Judge.373. Saving of right to claim damages for injury.
- Nothing in this Act shall affect the right of any person who may suffer injury or whose property may be injuriously affected by reason of any act done in exercise of any power conferred by sections 170, 171, 172, 173, 191, 193, 194 and 265 to recover damages.Recovery of Certain Dues374. Recovery of certain dues by distress and sale.
- In any case not expressly provided for in this Act or in any rule or by-law made thereunder, any sum due to the Corporation on account of any charge, cost or costs, expenses, fees, rates or rent or any other account under this Act or under any such rule or by-law, shall be recoverable by distress and sale of the movable property of the person from whom such sum is due, in the manner provided by Chapter XII.375. If the defaulter is the owner of premises in respect of which expenses are payable the occupier may also be liable for payment thereof.
- If the default referred to in the last preceding section is in connection with a building or land and the defaulter is the owner thereof, the sum due may be demanded from any person who at the time when the said expenses were incurred occupied the said building or land under or from the said owner. In the event of the occupier failing to pay the sum due, it may be recovered by distress and sale of the goods and chattels of the said person as if the amount thereof were a property lax due by him :Provided that -376. Decision of the District Court.
- Notwithstanding anything to the contrary in any other law for the time being in force, the District Court, Nagpur, shall exercise all the powers and jurisdiction expressly conferred on or vested in it by the provisions of this Act; and unless it is otherwise expressly provided by this Act, its decision shall be subject to revision by the High Court.377. Procedure in inquiries before Civil Courts.
378. Fees in proceedings before Civil Courts.
379. Limitation of time.
- Where no time is prescribed by this Act for the presentation of an application or appeal, such application or appeal shall be presented, subject to the provisions of section 5 of the Indian Limitation Act, 1908, within thirty days after the date of the order in respect of or against which the application or appeal is made :Provided that if the application is an application for revision to the High Court, the period of limitation shall be ninety days.Proceedings before Magistrates380. Procedure in prosecution.
381. Power of Magistrate to hear case in absence of accused.
- If any person summoned to appear before a Magistrate to answer a charge of an offence under this Act or against any rule or by-law made thereunder fails to appear at the time and place mentioned in the summons, the Magistrate may, if -382. Limitation of time for prosecution.
- No Magistrate shall take cognizance of any offence under this Act or under any rule or by-law made thereunder unless complaint of such offence is made -383. Power of [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to institute legal proceedings and obtain legal advice.
- The [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may on behalf of the Corporation -384. Notice, limitation and tender of amends in suit against Corporation, etc.
385. Bar to grant of injunctions.
- Save as otherwise expressly provided, no injunction shall be granted by any Civil Court to interfere with the public duties of the Corporation, the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council', by Maharashtra 26 of 1999, Section 76.] or the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.].386. Indemnity for acts done in good faith.
- No suit shall be maintainable against the Corporation or the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council', by Maharashtra 26 of 1999, Section 77.], or any Corporation officer or servant, or any person acting under or in accordance with the direction of the Corporation or [Standing Committee] [These words were substituted for the words 'Mayor-in-Council', by Maharashtra 26 of 1999, Section 77.] or any Corporation officer or servant, or of a Magistrate, in respect of anything in good faith done or intended to be done under this Act or under any rule or by-law made thereunder.Appeals387. Order passed under this Act and the rules thereunder.
388. Appeals and revisions.
- Save as otherwise expressly provided, every final order passed by the District Court, Nagpur, or a Magistrate in exercise of original jurisdiction under the provisions of this Act shall be subject to appeal, and every final order passed by such Judge or Magistrate in exercise of appellate jurisdiction shall be subject to revision at the instance of either party, by the Court to which appeals or, as the case may be, revision from the Court which gave such decision, ordinarily lie.Chapter XXXV
Supplemental Provisions
389. Power of State Government to include certain areas within the limits of the City.
390. Effect of Inclusion.
391. Exclusion of specified areas from the operation of certain provisions.
392. Power of authority to require any one or more of a number of things to be done.
- Where a power is expressed as being conferred on any authority to require a person to do a number of things, that authority may from time to time in its discretion require that person to do any one or more of those things.393. Determination of owner or occupier where there are gradations of owners or occupiers.
- Whenever any right is conferred or duty imposed by or under this Act, or by any rule or by-law made thereunder, on the owner or occupier of any premises, and, in consequence of there being gradations of owners or occupiers, doubt arises as to who is the owner or occupier entitled to exercise such right or bound to perform such duty, the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] may, after due inquiry determine from time to time which of such owners or occupiers shall be deemed to be so entitled or bound :Provided that if the name of any one of such owner or occupier has been entered in the assessment list in pursuance of any decisions given by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], such owner or occupier shall be deemed to be so entitled or bound until his name is duly removed from the said assessment list.394. Councillors and Municipal Officers, etc. to be deemed public servants.
- Every officer or servant in the employ of the Corporation whether for the whole or part of is time, and every Councillor of the Corporation shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.395. Prohibition of obstruction to municipal contractors.
- No person shall obstruct or molest any person with whom the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] has entered into a contract, in the performance or execution of his duty, or of anything which he is empowered or required to do by virtue or in consequence of this Act or any rule or by-law made thereunder.396. Prohibition of removal of mark.
- No person shall remove any mark set up for the purpose of indicating any level, measurement or direction necessary to the execution of works authorised by this Act or by any rule or by-law made thereunder.Construction of References397. Construction of references.
- In every enactment or instrument in force at the commencement of this Act, unless a different intention appears,-398. Informalities and errors in assessments, notices, bills, etc. not to be deemed to invalidate such assessment, etc.
399. Disputes between Corporation and local authorities.
- If any dispute arises between the Corporation and any local authority as regards anything done or to be done under this Act, it shall be referred to the State Government for decision, and such decision may include an order as to the costs of any enquiry ordered by the State Government, and shall be final :Provided that it shall be competent to the Corporation and the local authority to agree in writing that any such dispute shall, instead of being referred to the State Government for decision, be referred to the decision of an arbitrator or arbitrators appointed under the Arbitration Act, 1940, or to a Civil Court under section 90 of the Code of Civil Procedure, 1908.400. Disputes between State Government and Corporation.
Part IX – Chapter XXXVI
Control401. Power of State Government to require returns, etc.
- The State Government may require the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] to furnish it with -402. Power of State Government to depute officers to make inspection or examination and report.
403. Power of State Government to require municipal authority to take action.
- If the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] fails within such period as may have been fixed by the State Government to furnish a document called for under section 401, or if on receipt of any document furnished under section 401 or of any report submitted under section 402, or of any information which appears to the State Government to require action under this section, the State Government is of opinion that,-404. Procedure by the State Government when municipal authority fails to take action.
405. Power to demand punishment or dismissal.
- Notwithstanding anything contained in this Act, if in the opinion of the State Government any officer or servant of the Corporation is negligent in the discharge of his duties, the Corporation shall, on the requirement of the State Government, suspend, find or otherwise punish him, and if in the opinion of the State Government he is unfit for his employment, the Corporation shall dismiss him.406. Power to prevent extravagant establishment.
- If, in the opinion of the State Government, the number of persons employed by the Corporation as officers or servants, or whom the Corporation may propose to employ as such, or the remuneration assigned by the Corporation to those persons or any of them, is excessive, the Corporation shall, on the requirement of the State Government, reduce the number of those persons or the remuneration as the case may be.407. Power of State Government to suspend any resolution or order.
408. [ Power to dissolve Corporation. [Section 408 was substituted by Maharashtra 12 of 1998, Section 80.]
- If, in the opinion of the State Government,-409. [ Consequences of supersession. [Section 409 was substituted by Maharashtra 12 of 1998, Section 81.]
410. Reconstitution of Corporation.
- [(1) When the Corporation is dissolved under section 408, general elections shall be held to constitute a Corporation on such date as may be specified by the State Election Commissioner :Provided that an election to constitute the Corporation shall be completed before the expiration of a period of six months from the date of dissolution of the Corporation] [Sub-section (1) was substituted for the original by Maharashtra 41 of 1994, section 102(a).].411. Control of the State Government.
- [(1)] [Section 411 was re-numbered, by Maharashtra 12 of 1998, Section 83(a).] The State Government may, at any time, for the purpose of satisfying itself as to the legality or propriety of any order passed by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] in exercise of the powers conferred by this Act, or as to the regularity of the proceedings of any meeting of the Corporation or a [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, Section 80(a).], held in pursuance of the provisions of this Act, call for and examine the record of any case pending before or disposed of by the [Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.], the Corporation or a [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 26 of 1999, Section 80(a).], and may pass such order in reference thereto as it thinks fit ;Provided that no order shall be varied or reserved unless notice has been given to the parties interested to appear and to be heard in support of such order.412. Enforcement of orders.
- In all matters connected with this Act, if the Corporation makes default in carrying out any order made by the State Government or by any authority other than the Corporation in exercise of any of the powers conferred by this Act or any rule made thereunder, the State Government shall have all the powers necessary for the enforcement of such order at the cost of the Corporation.413. [ Certain officials entitled to attend meetings of Corporation or Standing Committee. [Section 413 was inserted, by Maharashtra 26 of 1999, Section 81.]
- Any officer of the Educational, Public Works, Medical, Sanitary and other Technical Departments, whom the State Government may by general or special order appoint in this behalf, shall be entitled to attend any meeting of the Corporation or Standing Committee and address it on any matter affecting the work of his department.]414. Rules for inspection of institution and works of Corporation.
- The State Government may make rules under this Act authorising inspection by servants of the Government or institutions and works which are under the management and control of the Corporation and regulating such inspection.Part X – Chapter XXXVII
Bye-Laws415. Bye-laws.
- The Corporation may, and if so required by the State Government shall, make by-laws for carrying out the provisions and intentions of this Act, and in particular and without prejudice to the generality of the foregoing power, it may make by-laws to regulate all or any of the following matters, namely416. Penalties for breach of by-laws.
417. Conditions precedent to the making of by-laws.
- The power to make by-laws under this Act is subject to the condition of the by-laws being made after previous publication, and to the following further conditions, namely :-418. By-laws to be subject to sanction of State Government.
419. Publication of by-laws and rules in Gazette and effect of such publication.
- All by-laws and rules made and sanctioned under this Act or by-laws cancelled under subsection (3) of section 418 shall be published in the Gazette and shall thereupon have effect as if enacted in this Act.420. Power of State Government to make rules.
Part XI – Chapter XXXVIII
Punishment of Offences421. Certain offences punishable with fine.
| Section sub-section or clause | Subject | Maximum fine which may be imposed | Daily fine which may be imposed when the offenceis a continuing one | ||
| (1) | (2) | (3) | (4) | ||
| Section 183 | New buildings not to be erected without drains | One thousand rupees | Fifty rupees | ||
| Section 185, sub-section (1) | Owner of land to allow others to carry drainsthrough the land | Fifty rupees | Five rupees | ||
| Section 186 | Owner of drain to allow use thereof or jointownership, therein to others | Fifty rupees | Five rupees | ||
| Section 188 | Resistance to order of the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.]regarding use of joint ownership of a drain | Fifty rupees | Fifty rupees | ||
| Section 189 | Resistance to[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.]draining premisesin combination | Fifty rupees | Fifty rupees | ||
| Section 190 | Resistance to the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.]constructingdrains or failure to maintain and keep in repair portion of adrain vesting in an owner | Fifty rupees | Fifty rupees | ||
| Section 191 | Resistance to the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.]affixingshifts or pipes for ventilation of drains | Fifty rupees | Fifty rupees | ||
| Section 277 | Establishment, etc. of factory, etc. withoutpermission of the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] | One thousand rupees | One hundred rupees | ||
| Section 229 | Storing dangerous or offensive articles orcarrying on dangerous or offensive trades | Five hundred rupees | Fifty rupees | ||
| Section 235, sub-section (1) | Keeping open a private market withoutpermission | Two hundred rupees | Twenty-five rupees | ||
| Section 235, sub-section (2) | Establishment, removal, re-opening,re-establishment or enlarging of private market withoutpermission | One thousand rupees | One thousand rupees | ||
| Section 236 | Selling animals, meat, etc., outside marketwithout a licence | One hundred rupees | Ten rupees | ||
| Section 238, sub-section (3) | Slaughter of animals without permission outsidemunicipal slaugher-houses | One hundred rupees | - | ||
| Section 240 | Sale of diseased or unwholesome animal orarticle intended for human food | Two hundred rupees for first rupees offence and one thousandrupees for any subsequent offence | One hundred rupees | ||
| Section 241 | Keeping adulterants in place where butter,ghee, etc., are manufactured | One hundred rupees | - | ||
| Section 242 | Sale, etc. of notified article which is not ofprescribed standard of purity | Two hundred rupees for a first offence and one thousandrupees for any subsequent offence | - | ||
| Section 243 | Sale, etc. of substitutes | One hundred rupees for a first offence and five thousandrupees for any subsequent offence | - | ||
| Section 248, sub-section (3) | Removing, interfering or tampering with animal,food, drink, drug, etc. seized and left in custody | Two hundred rupees | - | ||
| Section 253 | Failure to give information of existence ofdangerous disease | Fifty rupees | - | ||
| Section 269, sub-section (1), clauses (a), (b) and (d) | Prohibition of burials within places of worshipand exhumations without permission | Five hundred rupees | - | ||
| Section 269, sub -section (1), clause (c) | Burial or burning of any corpse at any otherplace which is not a burial or burning ground | Fifty rupees | - | ||
| Section 271 | Erection or re-erection of a building incontravention of a town-planning scheme | One thousand rupees | One hundred rupees | ||
| Section 273 | Prohibition of erection or re-erection ofbuildings without permission of the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] | One thousand rupees | One hundred rupees | ||
| Section 280, sub-section (1) | Notice to be given to the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.]ofcompletion of building | One hundred rupees | - | ||
| Section 280, sub-section (4) | Prohibition of occupation of new or re-erectedbuilding without permission of the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] | One thousand rupees | - | ||
| Section 288, sub-section (3) | Entering into or remaining in a building whichhas been declared unfit for human habitation | Five hundred rupees | - | ||
| Section 289, sub-section (1) | Requisition to remove or repair buildings inruinous or dangerous state | One hundred rupees | Ten rupees | ||
| Section 289, sub-section (3) | Entering into or remaining in a ruinous ofdangerous building from which occupants have been removed | Two hundred rupees | Five rupees | ||
| Section 292, sub-section (2) | Erection or re-erection of building oninaccessible sites | One thousand rupees | One hundred rupees | ||
| Section 298, sub-section (1) | Laying a tramway or railway on a public street | One thousand rupees | One hundred rupees | ||
| Section 299, sub-section (1) | Prohibition of projections upon streets etc. | Two hundred rupees | Ten rupees | ||
| Section 299, sub-section (1) | Requisition to remove the same | Two hundred rupees | Ten rupees | ||
| Section 305 | Requisition to alter ground floor doors, etc,opening on roads, or streets, etc. | Twenty rupees | - | ||
| Section 306 | Requisition to remove projections upon streets,etc. | Two hundred rupees | Ten rupees | ||
| Section 309, sub-section (1) | Laying out of private street otherwise than inaccordance with the permission of the[Commissioner] [This word was substituted for the words 'Chief Executive Officer' by Bombay 79 of 1958, Section 3, Schedule.] | One thousand rupees | One hundred rupees | ||
| [Section 317A [This entry was inserted by Maharashtra 42 of 1976, Section 27.] | Regulation of posters depicting scenes fromfilms, etc. | One hundred rupees | Ten rupees] |