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State of Maharashtra - Section

Section 460A in The Mumbai Municipal Corporation Act, 1888

460A. Management of Undertaking by General Manager.

(1)Subject to the superintendence of the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 165(a), (w.e.f. 23-4-1999).] and of the corporation, the General Manager shall manage the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4,9.1996).] and perform all acts necessary for the economical and efficient maintenance, operation, administration and development of the undertaking.
(2)Without prejudice to the generality of the foregoing provision, the General Manager may, with the sanction of the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Member-in-Charge' by Maharashtra 27 of 1999, Section 165(b)(i), (w.e.f. 23-4-1999).] and subject to the restrictions or conditions imposed by this Act, [* * *] [The words 'and the Mayor-in-Council' were deleted by Maharashtra 27 of 1999, Section 165(b)(ii), (w.e.f. 23-4- 1999).] either within or without the city -
(a)construct or acquire, transport undertakings, including tramways, trackless trams and mechanically propelled transport facilities for the conveyance of the public subject to the provisions of the [Motor Vehicles Act, 1939,] [See now the Motor Vehicles Act, 1988 (59 of 1988).] or of any other enactment for the time being in force and the conditions of any licence, permit or sanction in favour of the corporation granted thereunder;
(b)construct or acquire, subject to the provisions of the Indian Electricity Act, 1910, or of any other enactment for the time being in force and the conditions of any licence or sanction in favour of the corporation granted thereunder, undertakings for the generation or supply of electrical energy and for electric traction, and enter into any agreement with any person for the supply of electrical energy to or by the corporation;
(c)construct buildings and works of every description necessary or desirable for the operation or development of the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'the Bombay Electric Supply and Transport undertaking' by Maharashtra 25 of 1996, schedule.];
(d)purchase or take on lease or hire or otherwise acquire any moveable or immovable property or rights;
(e)exercise any of the powers of a licensee under the Indian Electricity Act, 1910, or any other enactment for the time being in force relating to the generation or supply of electrical energy which the corporation is for the time being authorised to exercise and any other powers exercisable by the corporation under such enactment or under any licence thereunder granted in favour of the corporation; and
(f)exercise any of the powers of a licensee holding a stage carriage permit under [Motor Vehicles Act, 1939] [See now the Motor Vehicles Act, 1988 (59 of 1988).] which the corporation is for the time being authorised to exercise and any other powers exercisable by the corporation under said Act in relation to the provision of mechanically propelled transport facilities for the conveyance of the public.
(3)[ Where, any proposal of the General Manager requires the sanction or approval of the Brihan Mumbai Electric Supply and Transport Committee or the corporation, the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be, the corporation, shall consider and dispose of any such proposal within forty-five days in case of the said Committee and ninety days in case of the corporation, reckoned from the date of the meeting of the Brihan Mumbai Electric Supply and Transport Committee or, as the case may be. the corporation, held immediately after the proposal is received by the Secretary of the said Committee or as the case may be, the Municipal Secretary, whether the item pertaining to such proposal is taken on agenda of such meeting or not, failing which, sanction or approval to such proposal shall be deemed to have been given by the Brihan Mumbai Electric Supply and Transport Committee or. as the case may be, the corporation. and a report to that effect shall be made by the General Manager to the Government and it shall be lawful for the General Manager to take further action as per the directives of the Government:Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.] [Sub-section (3) added by the Maharashtra 17 of 2012, Section 4 (w.e.f. 4-8-2012).]