State of Maharashtra - Act
The Mumbai Municipal Corporation Act, 1888
MAHARASHTRA
India
India
The Mumbai Municipal Corporation Act, 1888
Act 3 of 1888
- Published on 14 September 1888
- Commenced on 14 September 1888
- [This is the version of this document from 14 September 1888.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Preliminary
1. Short title and extent.
- This Act may be cited as the [Mumbai Municipal Corporation] [These words were substituted for the words 'Bombay Municipal Corporation' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).] Act.[It] [This word was substituted for the words 'Except as is herein otherwise expressly provided, it' by Maharashtra 41 of 1994, Section 2.] extends only to [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).].2. Repeal of enactments.
- The enactments mentioned in Schedule A are repealed to the extent specified in the third column of the said Schedule:Provided that-3. Definitions of terms.
- In this Act, unless there be something repugnant in the subject or context,-Chapter II
The Municipal Constitution
Municipal Authorities4. [ Municipal Authorities. [ Section 4 substituted by Maharashtra 27 of 1999, Section 3, (w.e.f. 23.4.1999)]
- The Municipal Authorities charged with carrying our the provisions of this Act are-5. [ Composition of Corporation. [Section 5 was substituted by Maharashtra Act No. 41 of 1994, Section 5.]
5A. [ Reservation of seats. [Section 5A was inserted by Maharashtra 41 of 1994, Section 6.]
5B. [ Person contesting election for reserved seat to submit Caste Certificate and Validity Certificate. [Section 5B was inserted by Maharashtra 25 of 2006, Section 2 (w.e.f. 19-8-2006).]
- Every person desirous of contesting election to a seat reserved for the Scheduled Castes, Scheduled Tribes or as the case may be, Backward Class of Citizens, shall be required to submit, alongwith the nomination paper, Caste Certificate issued by the Competent Authority and the Validity Certificate issued by the Scrutiny Committee in accordance with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.][Provided that, for the General or bye-elections for which the last date of filing of nomination falls on or before the 31st December 2017, in accordance with the election programme declared by the State Election Commission, a person who has applied to the Scrutiny Committee for the verification of his Caste Certificate before the date of filing the nomination papers but who has not received the validity certificate on the date of filing of the nomination papers shall submit, alongwith the nomination papers,-6. [ Duration of Corporation. [Sections 6, 6A and 6B were substituted by Maharashtra 41 of 1994, Section 8.]
- The Corporation shall continue for a period of five years from the date appointed for its first meeting and no longer.6A. Term of office of councillors.
- The term of office of the councillors shall be co-terminus with the duration of the Corporation.6B. Election to constitute Corporation.
- An election to constitute the Corporation shall be completed before the expiry of its duration specified in section 6.]7. [* * * *] [Section 7 was deleted by Maharashtra 41 of 1994, Section 9.]
7A. [ [* * * * *] [Sections 7A and 7B were inserted by Maharashtra 7 of 1984, Section 2.]
7B. [ Councillor to vacate all offices if he ceases to be a Councillor. [Section 7B was substituted by Maharashtra 10 of 1998.]
- [Notwithstanding anything contained in sections 47, 49G, 50B or 50M or any other provisions of this Act, a person] who ceases to be a Councillor shall, ipso facto, vacate any office held by him on any Committee of the Corporation by virtue of his being a Councillor.]]8. Re-eligibility of persons ceasing to be councillors.
- Any person who ceases to be a councillor shall, unless disqualified; be re-eligible.9. Casual vacancies how to be filled up.
- In the event of non-acceptance of office by a person elected [* *] [The words 'or appointed' and 'or appointment, as the case may be' were deleted by Bombay 13 of 1938, Sections 6 and 7.] to be a councillor, or of the death, resignation or disqualification of a councillor, of his becoming incapable of acting [during the term of his office] [These words were substituted for the words 'previous to the day of retirement' by Maharashtra 41 of 1994, Section 12(a).] there shall be deemed to be a casual vacancy in the office and such vacancy shall be filled up, as soon as it conveniently may be, by the election [* *] [The words 'or appointed' and 'or appointment, as the case may be' were deleted by Bombay 13 of 1938, Sections 6 and 7.] of a person thereto, who shall hold office so long only as the councillor in whose place he is elected [* *] [The words 'or appointed' and 'or appointment, as the case may be' were deleted by Bombay 13 of 1938, Sections 6 and 7.] would have been entitled to hold it if the vacancy had not occurred.[The casual vacancy in the office of an elected councillor shall be filled up in the manner provided in Section 34:] [These words were added by Bombay 28 of 1935, Section 2.][Provided that no election shall be held to fill up such vacancy [if it occurs within six months preceding the date on which the term of office of the Councillor expires under section 6A] [This proviso was added by Bombay 12 of 1938r Section 2.].][ * * * * * * *] [Second proviso deleted by Maharashtra Act 41 of 1994, Section 12(c).]10. Publications of names of councillors in the Official Gazette.
- The names of all persons elected [* *] [The words 'or appointed' and 'or appointment, as the case may be' were deleted by Bombay 13 of 1938, Sctions. 6 and 7.] be to councillors shall be published by [the State Election Commissioner] [The words were substituted for the words 'the Commissioner' by Maharashtra Act 41 of 1994, Section 13.] in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.].Qualifications and Disqualifications of Voters and Councillors11. [Persons qualified to vote] [This marginal note was substituted by Maharashtra 8 of 1965, Section 5(B).].
11A. [Qualifications of voters at election of delegates.]
Repealed by Bombay 48 of 1950, Section 6.12. and 13.
[Repealed by Bombay 6 of 1922].14. Qualification for election as a councillor at a ward election.
- [* *] [The brackets and figure '(1)' were deleted by Maharashtra 6 of 1980, Section 2(a).] A person shall not be qualified to be elected at a ward election to be a councillor [unless he is [not less than twenty-one years of age on the last date fixed for making nominations for any general election or bye-election and is] [These words were substituted for the words and figures unless his name is included in Part I of the final roll of some ward by Maharashtra 20 of 1980, Section 2.] enrolled in the municipal election roll as a voter of some ward].[* * * * * * *] [Words repealed by Bombay 6 of 1922, Section 6.][* * * * * * *] [Sub-section (2) was deleted by Bombay 13 of 1938, Section 9(1).]14A. [Qualifications for elections as a councillor by delegates.]
- Repealed by Bombay 48 of 1950.15. [Qualifications for elections by Chamber, etc.]
- Repealed by Bombay, 48 of 1950.15A. [Qualifications for co-option.]
- Repealed by Section 3 of Bombay 17 of 1931.16. Disqualifications for being a councillor.
17. A person becoming disqualified to cease to be a Councillor.
- Any councillor who,-18. Questions as to disqualifications to be determined by Chief Judge of the Small Cause Court.
- Whenever it is alleged that any councillor has become disqualified for office for any reason aforesaid, and such councillor does not admit the allegation, or whenever any councillor is himself in doubt whether or not he has become disqualified for office, such councillor or any other councillor may, and the Commissioner, at the request of the corporation, shall apply to the Chief Judge of the Small Cause Court; and the said Chief Judge, after making such inquiry as he deems necessary, shall determine whether or not such councillor has become disqualified for being a councillor, and his decision shall be conclusive.18IA. [ Liability of Councillor to removal from office. [This section was inserted by Maharashtra 3 of 2008, Section 3 (w.e.f. 4.1.2008).]
18A. [ State Election Commission. [This section was inserted by Maharashtra 41 of 1994, Section 14.]
18AA. [ Power of State Election Commissioner to issue directions to prevent impersonation. [This section was inserted by Maharashtra 41 of 1994, Section 2.]
- The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing the electors to produce, at the time of polling, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951.]19. [ Division of [Brihan Mumbai] [Section 19 was substituted by Maharashtra 8 of 1965, Section 6.] into single member wards and [preparation of] [These words were substituted for the words 'adoption of relevant Assembly roll as' by Maharashtra 53 of 1973, Section 2(c).] municipal election roll therefor.
20.
[Deleted by Maharashtra 11 of 1996 w.e.f. 29.1.1996.]21. [ Right to vote. [Section 21 was substituted by Maharashtra 53 of 1973, Section 4.]
- Subject to the provisions of this Act, every person whose name is [in the municipal roll shall be deemed to be entitled to vote at a ward election] and every person whose name is not in the said roll be deemed to be not entitled so to vote.]21A. [Procedure regarding elections of delegates and councillor.]
- Repealed by Bombay 48 of 1950, Section 11.21B. [Preparation and revision of list for supplementary election rolls.]
- Deleted by Maharashtra 8 of 1965, Section 9.21C. [Completion of supplementary election roll.]
- Deleted by Maharashtra 8 of 1963, Section 9.21D. [Consolidation of supplementary election roll.]
- Deleted by Maharashtra 8 of 1965, Section 9.Election of Councillors22. [ Dates of election. [Section 22 was substituted by Maharashtra 41 of 1994, Section 17.]
- The dates of general ward election of councillors and elections to fill casual vacancies shall be fixed by the State Election Commissioner.]23. Consequences of extension of term of office of councillors or appointment of Administrator and holding of general ward elections any time thereafter.
- [Deleted by Maharashtra 10 of 1998.]24. [Division of the city into the ward for the purposes of elections.]
- [Deleted by Maharashtra 8 of 1965, Section 11.]25. Notice to be given of day fixed for ward elections.
[(1) [Seven days] [This section was renumbered as sub-section (1) of section 25 by Maharashtra 43 of 1983, Section 4(1).] at least before the day fixed for a ward election [* * *] [The words deleted by Bombay 6 of 1922, Section 13, are not printed.] notice of such election shall be given by [the State Election Commission] [These words were substituted for the words, the Commissioner by Maharashtra 41 of 1994, Section 18.]. Such notice shall be given by advertisement in the [Official Gazette] [The words 'Official Gazette were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Orders in Council.] and in the local newspapers, and [* * *] [The words deleted by Bombay 6 of 1922, Section 13, are not printed.] by posting placards in the conspicuous places in the ward for which election is to take place.]26. Candidates at ward elections must be nominated. Provisions regarding nominations.
26A. [ Deposit by candidates. [New section 26A was inserted by Bombay 19 of 1930, Section 4.]
- [(1) On or before the date appointed for the nomination of candidates for a ward election, each candidate shall deposit or cause to be deposited with Returning Officer in cash a sum of five thousand rupees; and no candidate shall be deemed to be duly nominated unless such deposit has been made:Provided that, where the candidate is a member of a Scheduled Castes, Scheduled Tribes, Backward Class or Citizens or a woman, the amount of deposit shall be two thousand and five hundred rupees:Provided further that, where the candidate has filed more than one nomination paper, it shall not be necessary to deposit a separate amount for each nomination paper.]27. Poll to be taken when a ward election is contested.
27A. [ Prohibition of canvassing in or near polling stations. [Sections 27A to 27C were inserted by Bombay 54 of 1955, Section 3.]
27AA. [ Prohibition of public meetings on the day preceding the day of poll and on the day of poll. [Section 27AA was inserted by Maharashtra 43 of 1983, Section 6.]
27B. Penalty for disorderly conduct in or near polling station.
27C. Penalty for misconduct at polling stations.
28. [ Provisions respecting contested ward elections. [Section 28 was substituted for the original section by Bombay 1 of 1925, Section 8.]
- With respect to the contested ward elections the following provisions shall have effect, namely:-28A. [ Maintenance of secrecy of voting. [Sections 28A to 28I were inserted by Bombay 54 of 1955, Section 5.]
28B. Officers, etc. at elections not to act for candidates or to influence voting.
- [(1) No person who is a presiding or polling officer at an election or an officer or, an employee appointed, designated or empowered by the State Election Commissioner or such presiding officer to perform any duty in connection with an election shall, in the conduct or management of the election do any act, other than the giving of vote, for the furtherance of the prospects of the election of a candidate.] [Sub-section (1) was substituted by Maharashtra 41 of 1994, Section 22.]28C. Breaches of official duty in connection with elections.
28D. Removal of ballot papers from polling stations to be an offence.
28E. Other offences and penalties therefor.
28F. What is a corrupt practice.
- A person shall be deemed to have committed a corrupt practice within the meaning of section 33,-28G. Corrupt practices, criminal offences and procedure.
28H. Adjournment of poll in emergencies.
28I. Fresh ballot in the case of destruction, etc., of ballot boxes.
29. [ [State Government] [This new section 29 was inserted by Bombay 1 of 1925, Section 9. The original section 29 was repealed by Bombay 6 of 1922.] may make rules for the conduct of election.
- [Subject to the provisions of this Act [the State Government may in consultation with the State Election Commissioner] [Section 29(1) was renumbered as section 29 by Bombay 24 of 1936, Section 2, Sch.], make rules for the conduct of election and in particular providing -[* * * * * * *] [Clause (aa) was deleted by Maharashtra 20 of 1980, Section 5.]30. [Proceedings at Fellow's elections.]
- Repealed by Bombay 48 of 1950, Section 14.30A. [Proceedings at elections of co-opted councillors.]
- Repealed by Bombay, 1 of 1925.31. [Proceedings at elections by the Chamber or Association.] [Section 79 of Bombay 48 of 1950 reads as follows:-'79. Savings. - Nothing in sections 2(1), (4) and (5), and 4 to 16 shall affect the, constitution of the Corporation, the Standing Committee, the Improvement Committee or any other Committee or sub-committee as constituted or appointed under the said Act immediately before the coming into operation of this Act and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committee before the 1st day of April, 1952 shall, subject to the provisions of the said Act, be filled as if this Act had not been passed.']
- Repealed by Bombay 48 of 1950, Section 15.31A. [Repealed by Bombay 17 of 1931, Section 3.]
32. Declaration of results of elections.
33. Election petitions to be heard and disposed of by Chief Judge of the Small Cause Court.
34. [ Procedure if election fails or is set aside. [Section 34 was substituted for the original section by Bombay 28 of 1935, Section 4.]
- [(1) If at any general election or on election held to fill a casual vacancy, no councillor is elected, or the election of any councillor is set aside under sub-section (2) of section 33 and there is no other candidate who can be deemed to be elected in his place under the said sub-section [the State Election Commissioner] shall appoint another day for holding a fresh election and a fresh election shall be held accordingly.]35. [Appointment by [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government of councillors when to be made.]
- Repealed by Bombay 13 of 1938, Section 14.Proceedings of the Corporation36. Provision regulating the corporation's proceedings.
- [(1)] [Section 36 re-numbered as sub-section (1), by Maharashtra 32 of 2011, Section 3(a), (w.e.f. 21-5-2011).] The corporation shall meet for the despatch of business and shall from time to time make such regulations with respect to the summoning, notice, place, management and adjournment of such meetings, and generally with respect to the mode of transacting and managing the business of the corporation [including the submission, asking and answering of questions under section 66A] [These words, figures and letter were inserted by Bombay 23 of 1930, Section 2(i).] as they think fit, subject to the following conditions:-(a)[ there shall be one ordinary meeting in each month; the ordinary meeting in the month of March shall be held not later than on the twentieth day of that month; [Clauses (a) to (d) were substituted by Maharashtra 27 of 1999, Section 5 (w.e.f. 23-4-1999).](b)the first meeting in the month of April, after general elections shall be held as early as conveniently may be in the said month on a day and at a time and place to be fixed by the Commissioner, and if not held on that day shall be held on some subsequent day to be fixed by the Commissioner;(c)the day, time and place of meeting shall in every other case be fixed by the Mayor, or in the event of the office of Mayor being vacant, or of the death or resignation, of the Mayor or on his ceasing to be a councillor, or of his being incapable of acting, by the Deputy Mayor or in the event of absence of both by the Chairman of the Standing Committee;(d)the Mayor or in any such event as aforesaid, the Chairman of the Standing Committee may, whenever he thinks fit, and shall, upon a written requisition signed by not less than one-sixth of the whole number of Councillors call a special meeting];(e)every meeting shall be open to the public, unless a majority of the councillors present thereat decide by a resolution, which shall be put by the presiding authority, of his own motion or at the request of any councillor present without previous discussion, that any inquiry or deliberation pending before the corporation is such as should be held in private, and provided that the presiding authority may at any time cause any person to be removed who interrupts the proceedings;(f)if at any time during a meeting it shall be brought to the notice of the presiding authority that the number of councillors present [inclusive of the presiding authority, falls short one-fifth of the whole number of councillor] [These words were substituted for the words 'falls short of twenty-five inclusive of the Presiding Authority' by Bombay 7 of 1950, Section 8(ii).] the presiding authority shall adjourn the meeting to some other day, fixing such time and place for the same as he shall think convenient, and the business which remains undisposed of at such meeting shall be disposed of at the adjourned meeting or, if the latter meeting should be again adjourned, at any subsequent adjourned meeting, [whenever there is a quorum present] [These words were substituted for the words 'whether there be a quorum of twenty-five members present' by Bombay 7 of 1950.] thereat or not;(g)[ every meeting shall be presided over by the Mayor if he is present at the time appointed for holding the same, and if the office of Mayor is vacant, or if the Mayor is absent, by the Deputy Mayor or if both the Mayor and the Deputy Mayor are absent by such one of the councillors present as may be chosen by the meeting to be Chairman for the occasion.] [Clause (g) was substituted by Maharashtra 27 of 1999, Section 5(b), (w.e.f. 23-4-1999).](h)at least seven clear days' notice shall ordinarily be given of every meeting, other than adjourned meeting, but in case of urgency any such meeting may be called, except for the purpose of considering an annual budget estimate, in pursuance of a written requisition signed [by not less than four members of the Standing Committee] [These words were substituted for the words 'by the Mayor' by Maharashtra 27 of 1999, Section 5(c)(i), (w.e.f. 23-4-1999).] upon a notice of less than three [clear days and of adjourned meeting] [These words were substituted for the words 'clear days of adjourned meetings' by Maharashtra 27 of 1999, Section 5(c)(ii), (w.e.f. 23-4-1999).] such previous notice shall be given as shall be practicable having regard to the period of the adjournment;(j)every notice of a meeting shall specify the time and place at which such meeting is to be held and the business to be transacted thereat [other than, questions under section 66A] [These words, figures and letter were inserted by Bombay 23 of 1930, Section 2(ii).] and shall be given by the municipal secretary by advertisement in the local newspapers [* * * *] [The words 'and, except In the case of adjourned meetings or of meetings called upon a requisition of urgency, in the Official Gazette' were deleted by Maharashtra 51 of 1975, Section 3.];(k)any councillor who desires at any meeting to bring forward any business [other than any question under section 66A] [These words, figures and letter were inserted by Bombay 23 of 1930, Section 2(iii).] or to make any substantive proposition, which is not already specified in the notice of such meeting, shall give written notice of the same to the municipal secretary at least three clear days before the day fixed for the meeting; and a supplementary announcement of the business or propositions, of which notice has been so given, shall be given by the said secretary in not less than one local daily newspaper not later than the day previous to the meeting;(l)[ except at a meeting called on a requisition of urgency or at the discussion at any meeting of a budget-estimate, no business shall be transacted at any meeting other than the business specified in the notice published under clause (j) and any questions asked under section 66A or urgent business not specified in the said notice which the Standing Committee, the Improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee, the Education Committee or the Commissioner deem it expedient to bring before the meeting, and no substantive proposition shall be made or discussed which is not specified in the said notice or in the supplementary announcement, if any, published under clause (k), or which is not in support of the recommendation of the Standing Committee, the Improvements Committee, the Brihan Mumbai Electricity Supply and Transport Committee, the Education Committee or the Commissioner, as the case may be, with reference to any urgent business brought by any of those authorities, respectively before the meeting: [Clause (l) was inserted by Maharashtra 27 of 1999, Section 5(d), (w.e.f. 23-4-1999).]Provided that, no such urgent business as aforesaid shall be brought before any meeting unless at least three-fourths of the councillors present at such meeting, such three-fourths being not less than one-sixth of the whole number of councillors assent to its being brought forward thereat;](m)at a meeting called on a requisition of urgency and during the discussion at any meeting of a budget estimate, no business shall be transacted and no substantive proposition shall be made or discussed which does not directly relate to the business for which the urgent meeting was called, or to the budget estimate, as the case may be; and no proposition involving any change in the taxes [which the Standing Committee proposes to impose] [These words were substituted for the words 'proposed to be imposed' by Maharashtra 27 of 1999, Section 5(e), (w.e.f. 23-4-1999).] or an increase or decrease of any item of expenditure in a budget estimate, shall be made or discussed at any meeting at which such budget estimate is under consideration, unless such proposition is specified in the notice of the meeting published under clause (j) or in the supplementary announcement, if any, published under clause (k), or unless, in the case of an adjourned meeting, each of the conditions mentioned in the proviso to clause (n) has been fulfilled;(ma)[ notwithstanding anything contained in clauses (l) and (m), the Commissioner may, at any time, either on his own behalf or on behalf of any Committee hereinbefore mentioned, intimate, at least one day in advance, to the Mayor, or in the circumstances stated in clause (c), to the Deputy Mayor and in his absence to the Chairman of the Standing Committee, that he or the Committee concerned would bring urgent business relating to a matter specified in such intimation, which requires immediate consideration by the Corporation at a meeting to be held on a specified date. When such intimation is given, at the said meeting, the said business shall have priority over any other business in the order of priority specified by the Commissioner in his intimation, and no subsequent business shall be taken for consideration unless the said business is transacted and decision thereon is taken at that meeting;] [Clause (ma) was inserted by Maharashtra 27 of 1999, Section 5(f), (w.e.f. 23-4-1999).](n)any meeting may, with the consent of a majority of the councillors present, be adjourned from time to time, but no business shall be transacted and, except as is hereinafter provided, no proposition shall be discussed at any adjourned meeting other than the business and propositions remaining undisposed of at the meeting from which the adjournment took place:Provided that at any adjourned meeting at which a budget estimate is under consideration a proposition involving any change such is as described in clause (m) may be made and discussed, notwithstanding that such proposition is not one remaining undisposed of at the meeting from which the adjournment took place, if each of the following conditions has been fulfilled, namely:-(i)that written notice of such proposition has been given at the meeting from which the adjournment took place;(ii)that the adjournment has been for not less than [two] [This word was substituted for the word 'three' by Bombay 76 of 1948, Section 2.] clear days; and(iii)that a special announcement of the proposition has been given by the municipal secretary (who shall be bound to give such announcement) in not less than one local daily newspaper not later than the day previous to the adjourned meeting;(o)a minute of the names of the councillors present and of the proceedings at every meeting shall, on the day following the meeting, or as soon thereafter as may be, [be kept] [These words were substituted for the words 'be drawn up and fairly entered' by Maharashtra 1 of 1964, Section 2(a).] by the municipal secretary in a book to be provided for this purpose and shall be signed at, and by the presiding authority of, the next ensuing meeting; [or any meeting held soon thereafter, after confirmation by the Corporation at such meeting] [These words were inserted by Maharashtra 1 of 1964, Section 2(b).]; and the said minute book shall at all reasonable times be open at the chief municipal office to inspection by any councillor free of charge, and by any other person on payment of [a fee of fifty naya paise or such other amount as may be fixed by the Corporation but not exceeding two rupees] [These words were substituted for the words 'a fee of eight annas' by Maharashtra 1 of 1964, Section 2(c).];(p)a councillor shall not vote or take part in the discussion of any matters before a meeting [or ask any question under section 66A concerning any matter] [These words, figures and letter were inserted by Bombay 23 of 1930, Section 2(v).] in which he has, directly or indirectly, by himself or by his partner, any share or interest such as is described in clauses (g) to (I), both inclusive, or section 16, or in which he is professionally interested on behalf of a client, principal or other person;(q)[ every question other than the question whether the Standing Committee, the improvements Committee, the Brihan Mumbai Electric Supply and Transport Committee, the Education Committee or the Commissioner shall be permitted to bring urgent business before a meeting without notice, shall be decided, by a majority of votes of the councillors present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes:" [Clause (q) was inserted by Maharashtra 27 of 1999, Section 5(g), (w.e.f. 23-4-1999).]Provided that, the Councillors referred to in clause (b) of sub-section (1) of section 5 shall not have the right to vote in any meeting of the Corporation];(r)a declaration by the presiding authority that a proposition has been carried and an entry to that effect in the minute book shall, unless a poll be demanded at the time of such declaration by not less than four councillors, be conclusive evidence of the fact, without proof of the number of votes given for or against the proposition;(s)when a poll is taken, the vote of each councillor present and voting upon the proposition shall be taken by tellers appointed by the presiding authority and the names of the councillors voting respectively for or against the proposition shall he recorded in the minute book;(t)[ the Commissioner or where the Commissioner is unable to attend owing to absence or illness or for any other reasonable cause, an officer not below the rank of the Deputy Commissioner, shall have the same right of being present at a meeting of the corporation and of taking part in the discussions thereat as a Councillor, and with the permission of the Mayor, may at any time make a statement or explanation of facts, but he shall not be at liberty to vote upon or to make any proposition at such meeting. Where the Commissioner, or any such officer desires to make a statement or explanation of facts at a meeting and the permission as aforesaid is not given, the Commissioner or any such officer shall be entitled to lay a copy thereof on the Table of the House. But when required by the corporation or the Mayor, the Commissioner shall himself attend the meeting of the corporation, unless he is prevented from doing so on account of absence, illness or any other reasonable cause;] [Clause (t) was substituted by Maharashtra 32 of 2011, Section 3(a), (w.e.f. 21-5-2011).](u)[ the Corporation may require any of its officers to attend any meeting or meetings of the Corporation at which any matter dealt with by such Officer in the course of his duties is being discussed. When any officer is thus required to attend any such meeting, he may be called upon to make a statement or explanation of facts or supply such information in his possession relating to any matter dealt with by him as the Corporation may require.] [Clause (u) was inserted by Maharashtra 27 of 1999, Section 5(h), (w.e.f. 23-4-1999).]36A. [ Power to order withdrawal of member. [New section 36A was inserted by Bombay 10 of 1928, Section 6.]
37. [ Mayor and Deputy Mayor. [ Section 37 was substituted by Maharashtra 27 cf 1999, Section 6, (w.e.f. 23-4-1999).]
- [(1) The Corporation shall subject to the provisions of sub-section (2), at its first meeting after general elections, elect from amongst the Councillors one of its member to be the Mayor and another to be the Deputy Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a half years:Provided that, the term of the Mayor and the Deputy Mayor in office on the date of coming into force of the Maharashtra Municipal 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.]37IA. [ Leader of Opposition. [Section 37-IA was substituted for the old section 37-IA to 37-IE by Maharashtra 27 of 1999, Section 7, (w.e.f. 23-4- 1999).]
37IA.
1. [ Leader of the House. [New Section 37IA-1 was inserted by the Mumbai Municipal Corporation (Amendmentt) Act 11 of 2002, Section 3, (w.e.f. 14-2-2002).]
37A. Honoraria, fees or allowances.
37B. [Deleted] [Section 37B was deleted by Maharashtra 27 of 1999, Section 9, (w.e.f. 23-4-1999).].
Committees38. Appointment of consultative committees for special purposes.
- The corporation may from time to time appoint [as laid down by the regulations made in this behalf] [These words were inserted by Maharashtra 10 of 1998. Section. 13.] out of their own body such and so many committees consisting of such number of persons, and may refer to such committees for inquiry and report or for opinion, such special subjects relating to the purposes of this Act as they shall think fit.38A. [ Special committees of the Corporation. [Sections 38A to 50S were substituted for section 38A by Maharashtra 27 of 1999, Section 10, (w.e.f. 23-4-1999).]
38B. Special committees of the Standing Committee, the Improvements Committee or the Education Committee.
- The Standing Committee, the Improvements Committee or the Education Committee may, from time to time, by a resolution, carried by a vote of at least two-thirds of their members present at the meeting, delegate to any special committee appointed under section 38A any of their powers and duties in respect of any matter with which such special committee are competent to deal, or refer to any such committee any such matter for disposal or report, and every such special committee shall conform to any instructions that may, from time to time, be given to them by the Standing Committee, the Improvements Committee or the Education Committee as the case may be, in this behalf:Provided that every such resolution shall be reported by the Standing Committee, the Improvements Committee or the Education Committee, as the case may be, to the corporation as soon as possible, and the corporation may at any time cancel such resolution.38C. Appointment of sub-committees by the Improvements Committee.
- The Improvements Committee may from time to time appoint out of their own body sub-committees consisting of such number of persons as the Improvements Committee may think fit and may refer to such sub-committees for inquiry and report or for opinion any matter with which the Improvements Committee is competent to deal under the provisions of this Act.39. Appointment of Primary Education Consultative Committee.
40. A Committee may be appointed for other educational purposes.
- The Corporation may, for the purpose of giving effect to measures and arrangements in furtherance of secondary education or any branch of technical or other instructions, appoint or join in appointing a committee as may be determined by any bye-law made under section 461, and such committee shall have in relation to the branch of education and the institutions for which it is appointed, the like powers and duties as are herein assigned to the Education Committee, save as the same may be varied by any by law made under the said section.41. Appointment of Hospital Committee.
- The Corporation, either singly or in concurrence with the State Government, may appoint a Hospital Committee with such constitution, powers and duties with respect to hospitals and institutions for the benefit of the aged, sick and infirm, vesting wholly or partly in the corporation and supported or aided out of its funds as may be defined and provided by bye-laws made under section 461 or by any agreement made with the State Government in this behalf.42. Constitution of Standing Committee.
- The Standing Committee shall consist of twenty seven councillors.43. Members of the Standing Committee when to be appointed.
44. Appointment of Chairman of Standing Committee.
45. Members of Standing Committee to retire by rotation.
46. Appointment of members of Standing Committee to replace those who retir.
46A. Member of Standing Committee absenting himself for three months from meetings to vacate seat.
- Any member of the Standing Committee who absents himself during three successive months from the meetings of the Committee, except on account of temporary illness or other cause to be approved by the Committee or absents himself from or is unable to attend the meeting of the Committee during eight successive months, from any cause whatever, whether approved by the Committee or not, shall cease to be a member of the Standing Committee and his seat shall thereupon be vacant.47. Casual vacancies in the Standing Committee how to be filled up.
- In the event of non-acceptance of office by a councillor appointed to be a member of the Standing Committee or of the death, resignation or disqualification of a member of the said Committee or of his becoming incapable of acting previous to the expiry of his term of office or of his seat becoming vacant under section 46A the vacancy shall be filled up as soon as it conveniently may be, by the appointment of a person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred.48. Each Standing Committee to continue in office tilt a new Committee is appointed.
- 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 appointed under section 43, notwithstanding that the members of the said Committee or some of them may no longer be Councillors.49. Provisions regulating the proceedings of the Standing Committee.
- The Standing Committee shall meet for the despatch of business in the chief municipal office and may, from time to time, make such regulations with respect to such meetings and with respect to the scrutiny of the municipal accounts as they think fit, subject to the following conditions:-49A. Improvements Committee to be constituted for the purpose of carrying out the improvement of the city.
- The Corporation shall appoint a Committee to be called the Improvements Committee for the purpose of the improvement of the city, in accordance with the provisions of this Act, and subject to such conditions and limitations as are in this Act contained.49B. Constitution of the Improvements Committee.
- The Improvements Committee shall consist of twenty-six councillors.49C. Members of Improvements Committee when to be appointed.
- The Corporation shall, at their first meeting in the month of April after each general election, appoint twenty six persons out of their own body to be members of the Improvements Committee.49D. Appointment of Chairman of Improvements Committee.
49E. Members of Improvements Committee to retire by rotation.
49F. Appointment of members of Improvements Committee to replace those who retire.
49G. Casual vacancies in the Improvements Committee how to be filled up.
- In the event of non-acceptance of office by a councillor appointed to be a member of the Improvements Committee or of the death, resignation or disqualification of a member of the said committee or of his becoming incapable of acting previous to the expiry of his term of office or of his office becoming vacant under clause (i) of section 491, the vacancy shall be filled-up, as soon as conveniently may be, by the appointment of a person thereto, who shall hold office so long only as the member in whose place he is appointed would have been entitled to hold it, if the vacancy had not occurred.49H. Improvements Committee to continue in office till a new Committee is appointed.
- The Improvements Committee in existence on the day for the retirement of councillors shall continue to hold office until such time as a new Improvements Committee is appointed under section 49C, notwithstanding that the members of the said committee or some of them may no longer be councillors.49I. Provisions to regulate the proceedings of the Improvements Committee.
- The Improvements Committee shall meet for the despatch of business in the Chief Municipal Office and the said Committee may, from time to time, make such regulations with respect to such meetings as they think fit, subject to the following conditions:-50. Constitution of Brihan Mumbai Electric Supply and Transport Committees and term of office of its members.
50A. Disqualification of members of Brihan Mumbai Electric Supply and Transport Committee.
50B. Casual vacancies how to be filled up.
- In the event of non-acceptance of office by any person appointed to be a member of the Brihan Mumbai Electric Supply and Transport Committee or of the death, resignation or disqualification of a member of the committee, or of his becoming incapable of acting, or of his office becoming vacant under the provisions of section 50A, the vacancy shall be filled up, as soon as conveniently may be, by the appointment by the corporation of a duly qualified person thereto, and such person shall hold office so long only as the person in whose place he is appointed would have held it if the vacancy had not occurred.50C. Chairman of Brihan Mumbai Electric Supply and Transport Committee.
50D. Meetings of Brihan Mumbai Electric Supply and Transport Committee.
50E. Fees for attendance at meetings of Brihan Mumbai Electric Supply and Transport Committee.
- The Chairman and members of the Brihan Mumbai Electricity Supply and Transport Committee shall be paid such fees for attending meetings of the Committee as may be prescribed by rules framed by the Corporation under this section with the sanction of the State Government.50F. Sub-committees of the Brihan Mumbai Electric Supply and Transport Committee.
50G. Constitution of Education Committee.
50H. Members of Education Committee when to be appointed.
- The Corporation shall, as soon as may be, after the commencement of the Mumbai Municipal Corporation (Amendment) Act, 1999, and thereafter at their first meeting in the month of April, after every general election, appoint sixteen duly qualified persons to be members of the Education Committee.50I. Disqualifications of members of Education Committee.
50J. Appointment of Chairman of Education Committee.
50K. Members of Education Committee to retire by rotation.
50L. Appointment of members of Education Committee to replace those who retire.
50M. Casual vacancy in Education Committee how to be filled up.
50N. Each Education Committee to continue in office till new committee is appointed.
- The Education Committee in existence on the day for the retirement of Councillors shall continue to hold office until such time as a new Education Committee is appointed under section 50H notwithstanding that the members of the said Committee or some of them may no longer be Councillors.50O. Education Committee to act notwithstanding default etc. in appointment of member.
- The members duly appointed may perform all the functions legally pertaining to the Education Committee, notwithstanding any default, delay or defect in the appointment of any member.50P. Meetings of Education Committee.
- The Education Committee shall meet for the despatch of business in the Chief Municipal Office and may from time to time, make such regulations with respect to such meetings and to the management of schools under their control as they think fit, subject to the following conditions:-50Q. Right of Municipal Commissioner and Education Officer to be present.
- The Commissioner and the Education Officer and, in the absence of the Commissioner, any other officer authorised by the Commissioner in this behalf shall have the same right of being present at a meeting of the Education Committee and of taking part in the discussions thereat as a member of the said Committee, but none of them shall vote upon, or move any proposition at such meeting.50R. Appointment of sub-committees by Education Committee.
- The Education Committee may from time to time appoint, out of their own body, sub-committees, consisting of such number of persons as the Education Committee may think fit, and may refer to such sub-committees for inquiry and report or for opinion any matter with which the Education Committee is empowered by or under this Act to deal.50S. Elections to Committees to be by proportional representation.
- [(1)] [Section 50-S was renumbered as sub-section (1) and this portion was substituted for 'shall be made by the Corporation by holding elections in accordance with the system of proportional representation by means of a single transferable vote, at which voting shall be by secret ballot. The Corporation may make rules to regulate all matters for holding such elections:-' by Maharashtra 11 of 2007, Section 5(a), (w.e.f. 27-2-2007).] Notwithstanding anything contained in this Act or the bye-laws made thereunder in the case of the following Committee, except where it is provided by this Act that the appointment of a Councillor to any Committee shall be by virtue of his holding any office, the appointment of Councillors to these Committees whether in regular or casual vacancies, [shall be made by the Corporation by nominating Councillors in accordance with the provisions of sub-section (2)] [Section 50-S was renumbered as sub-section (1) and this portion was substituted for 'shall be made by the Corporation by holding elections in accordance with the system of proportional representation by means of a single transferable vote, at which voting shall be by secret ballot. The Corporation may make rules to regulate all matters for holding such elections:-' by Maharashtra 11 of 2007, Section 5(a), (w.e.f. 27-2-2007).]:-50T. Deleted by Maharashtra 10 of 1998, Section 14.
-[Wards Committees] [ This heading and section 50-TT were inserted by Maharashtra 41 of 1994, Section 34.]50TT. [ Constitution of Wards Committee. [This heading and section 50-TT were inserted by Maharashtra 41 of 1994, Section 34.]
50TU. [ Determination of areas. [Section 50TU and 50TX added Maharashtra 21 of 2009, Section 3, dated 3-1-2009.]
- The State Government shall, by order published in the Official Gazette, determine,-50TV. Meetings of Area Sabha.
50TW. Functions and duties of Area Sabha.
- An Area Sabha may, having regard to its actual conditions obtaining in the municipal area, perform and discharge the following functions and duties, namely:-50TX. Rights and powers of Area Sabha.
- An Area Sabha may, subject to the procedure prescribed in this behalf, exercise the following rights and powers, namely: -51. [ Vacancy in Corporation or in any committee not to invalidate its proceedings. [Section 51 was substituted by Maharashtra 13 of 1998, Section 9.]
- No act or proceeding of the Corporation or of any Committee appointed under this Act shall be questioned on account of any vacancy in the Corporation or in any such Committee, as the case may be.]52. Proceedings of corporation, etc., not vitiated by disqualification, etc., of members thereof.
- No disqualification of, or defect in, the election or appointment [* *] [Words 'or co-option' which were added by Bombay 6 of 1922, Section 21-A, and which were deleted by Bombay 17 of 1931, Section 7.] of any person acting as a councillor or as the [Mayor] [The word 'Mayor' was substituted for the original word by Bombay 21 of 1931, Section 2(i).] or presiding authority of the corporation or as the [Chairman] [This word was substituted for the words 'Chairperson of the Corporation' by the Mumbai Municipal Corporation Act 27 of 1999, Section 12(a), (w.e.f. 23-4-1999).] or [of the Standing Committee or any Committee or sub-Committee appointed under this Act shall be deemed to vitiate any act or proceeding of the corporation or Standing Committee or of any such Committee or sub-Committee] [This portion was substituted for the portion beginning with the words 'as a member of any committee' and ending with the words 'any such committee' by Maharashtra 27 of 1999, Section 12(b), (w.e.f. 23-4-1999).] as the case may be, in which such person has taken part, whenever the majority of persons, parties to such act or proceeding, were entitled to act.53. Proceedings of meeting to be deemed to be good and valid until the contrary is proved.
- Until the contrary is proved, every meeting of the corporation [* * *] [The words 'or standing committee' were deleted by Maharashtra 10 of 1998, Section 17(d).] or of a [Committees or sub-Committees] [These words were substituted for the word 'committee' by Maharashtra 27 of 1999, Section 13, (w.e.f. 23-4-1999).] in respect of the proceedings whereof a minute has been made and signed in accordance with this Act shall be deemed to have been duly convened and held, and after the members of the meeting shall be deemed to have been duly qualified; and where the proceedings are proceedings of a [Committees or sub-Committees] [These words were substituted for the word 'committee' by Maharashtra 27 of 1999, Section 13, (w.e.f. 23-4-1999).] such [Committees or sub-Committees] [These words were substituted for the word 'committee' by Maharashtra 27 of 1999, Section 13, (w.e.f. 23-4-1999).] shall be deemed to have been duly constituted and to have had power to deal with the matters referred to in the minute.53A. [ Exercise of powers and discharge of duties of any committee by corporation. [Section 53A and 53B were inserted by Maharashtra 32 of 2011, Section 5 (w.e.f. 21.5.2011).]
- If, any committee or special committee under this Act is not constituted at any point of time, or for any reason not in a position to exercise its powers or discharge its duties under this Act, its powers shall be exercised and its duties shall be discharged by the corporation until such committee is constituted or in a position to exercise its powers or discharge its duties.53B. Removal of Chairman or Deputy Chairman of committees.
- The Chairman or the Deputy Chairman, if any, of any committee constituted under this Act may be removed from the office by the State Government, if he fails to convene two consecutive meetings of the committee as specified by or under this Act, and the Chairman or Deputy Chairman so removed shall not be eligible for re-election or re-appointment as Chairman or, as the case may be, Deputy Chairman of such committee during the remainder term of his office:Provided that, no such Chairman or Deputy Chairman shall be removed from office, unless he has been given a reasonable opportunity to furnish an explanation:Provided further that, removal of the Chairman or Deputy Chairman from the office under this section shall not affect his continuance as a Councillor for the remainder term of his office.]54. Appointment of the Commissioner.
54A. Appointment of the Director.
55. Appointment of a Deputy Municipal Commissioner.
56. Functions of [the Director and a Deputy Commissioner.] [These words were substituted for the words 'a Deputy Commissioner' by Maharashtra 53 of 1981, Section 9(b).]
56A. [ Appointment of Deputy Municipal Commissioner (Improvements). [This section were inserted by Bombay 13 of 1933. Section 7.]
56B. [ Functions of the Deputy Municipal Commissioner (Improvements). [This section was inserted by Bombay 13 of 1933, Section 7.]
57. Salary of the Commissioner.
58. Remuneration of [the Director and a Deputy Commissioner.] [These words were substituted for the words 'A Deputy Municipal Commissioner' by Maharashtra 53 of 1981, Section 11(c).]
- [The Director and a Deputy Commissioner] [These words were substituted for the word 'A Deputy Municipal Commissioner' by Maharashtra 53 of 1981, Section 11(a).] shall receive such monthly salary [as the Corporation shall, from time to time, with the approval of the State Government, determine:Provided that, the Salary of [the Director or a Deputy Commissioner] [This portion was substituted for the portion beginning with the words 'not exceeding' and ending with the words time to time, determine' by Maharashtra 5 of 1970, Section 2, with effect from 1st April 1966.] shall not be altered to his disadvantage during his period of office.]58A. [ Remuneration of the Deputy Municipal Commissioner (Improvements). [New Section 58A was inserted by Bombay 13 of 1933. Section 8.]
- The Deputy Municipal Commissioner (Improvements) shall receive such monthly salary [as the Corporation shall, from time to time, with the approval of the State Government, determine]:Provided that the person holding office of the Chief Office under Section 26 of the City of Bombay Improvement Trust Transfer Act, 1925, at the commencement of the City of Bombay Municipal (Amendment) Act, 1933, shall, so long as he continues to be the Deputy Municipal Commissioner (Improvements) under the Provisions of sub-section 4 of section 56A, receive a monthly salary of rupees two thousand and five hundred:Provided further that if the said person be appointed Deputy Municipal Commissioner (Improvements) under sub-section (1) of Section 56A, he shall receive from the commencement of the City of Bombay Municipal (Amendment) Act, 1933 such monthly salary [* * *] [The words 'not exceeding rupees two thousand' were deleted by Maharashtra 10 of 1998. Section 19.] as the corporation shall from time to time, determine:[Provided also that, the salary of the Deputy Municipal Commissioner (Improvements) shall not be altered to his disadvantage during his period of office.] [This proviso was added by Maharashtra 5 of 1970, Section 3(b), with effect from 1st April, 1966.]]Provisions for absence of Commissioner [Director] [The word 'Director' was inserted by Maharashtra 53 of 1981, Section 12(a).] or Deputy Commissioner on leave59. Grant of leave of absence to the Commissioner [Director] [This word was inserted by Maharashtra 53 of 1981, Section 12(b)(ii).] or Deputy Commissioner.
60. [Commissioner, Director and Deputy Commissioner] [These words were substituted for the words 'Commissioner and Deputy Commissioner' by Maharashtra 53 of 1981, Section 13(d).] not to be interested in any [contract] [This word was substituted for the words 'contract, etc.,' by Maharashtra 42 of 1977, Section 2(d).] with the corporation.
60A. [ Appointment of General Manager. [Sections 60A to 60C were inserted by Bombay 48 of 1948, Section 7.]
60B. Leave of absence to General Manager.
60C. Disqualifications of General Manager.
60D. [ Appointment of Chief Accounts Officer. [This section was inserted by Maharashtra 42 of 1976, Section 4.]
Chapter III
Duties And Powers of The Municipal Authorities
Obligatory and Discretionary Duties of the Corporation61. Matters to be provided for by the corporation.
- It shall be incumbent on the corporation to make adequate provision, by any means or measures which it is lawfully competent to them to use or to take, for each of the following matters, namely:-62. [Corporation to provide a monthly sum to [State] [Sections 62 to 62D were substituted for Section 62 by Bombay 3 of 1907, Section 10.] Government for maintaining certain medical institutions in [Mumbai] [This word was substituted for the word 'Bombay' by Maharashtra 25 of 1996 (w.e.f. 4.9.1996).]
. - (1) The corporation shall also provide and pay to [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] on the first day of every month a sum of thirty-four thousand five hundred and forty-one rupees ten annas and eight pies, and in consideration of such monthly payments [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] shall continue to control and maintain the institutions specified in Schedule U.62B. [ Extent of benefit to corporation by change in policy of [State] [This section was substituted for the original section 62B by Bombay 15 of 1920, Section 20.] Government in regard to their liability in respect of primary education.
- If there should be at any time a change in the general policy of [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] in regard to their liability in respect of primary education, the corporation shall be entitled to benefit by such change in policy to the same extent as a city municipality.]62BB. [ Directions by State Government regarding subjects etc. in schools. [Section 62BB was inserted by Bombay 48 of 1950, Section 30.]
-The State Government shall have power to give to the corporation all such directions as it considers necessary in respect of subjects, curricular, text books and standards of teaching in primary schools vesting wholly or partly in the corporation and in schools wholly or partly maintained by grants payable from municipal fund and the corporation shall comply with such directions.][[62C. Primary school and schools maintained by grants to be open to officers appointed by [State] [Sections 62 to 62D were substituted for Section 62 by Bombay 3 of 1907, Section 10.] Government for inspection.62D. [ Corporation to provide annual sum for the Prince of Wales Museum of Western India. [This section was substituted for the original by Bombay 48 of 1950, Section 32.]
- The Corporation shall provide and pay to the Trustees of the Prince of Wales Museum of Western India at the commencement of each official year a sum of fifty thousand rupees, for the purposes of the said Museum.]62E. [ Corporation to provide for maintenance of lunatics. [The new section 62E was inserted by Bombay 1 of 1905, Section 16.]
- [(1)] The corporation shall make payments at such rates per head as [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] from time to time by general or special order, prescribe, for the maintenance and treatment either in the city or at any asylum, hospital or house, whether within or without the city which [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] declares by notification to be suitable for such purpose, of pauper lunatics not being persons for whose confinement and order under Chapter XXXIV of the [Code of Criminal Procedure, 1898] [See now the Code of Criminal Procedure, 1973 (2 of 1974).], is in fore, resident within, or under any enactment for the time being in force removed from the city:Provided that the corporation shall not be liable under this section for the maintenance and treatment of any lunatic in any such asylum, hospital or house as aforesaid, unless such lunatic, previous to his admission thereto, has been resident in the city for at least one year:[Provided also that where an application is made to the High Court under the provisions of section 88 of the Indian Lunacy Act, 1912, no order for the payment of the cost of maintenance of the lunatic by the corporation shall be made without an opportunity being given to the corporation to show that the lunatic is not pauper and has an estate applicable to his maintenance or that there is a person legally bound, and having the means, to maintain him] [This proviso was inserted by Bombay 76 of 1948, Section 4(1).]:Provided further that the rates prescribed by [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] under this section shall not exceed half the total cost of maintenance and treatment incurred per head on account of the lunatics for whose maintenance and treatment the corporation shall be liable under this section.63. Matters which may be provided for by the corporation at their discretion.
- The corporation may, in their discretion, provide from time to time, either wholly or partly, for all or any of the following matters, namely:-63A. [ Performance of functions by agencies. [ Sections 63A and 63B were inserted by Maharashtra 41 of 1994, Section 37.]
- 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,-63B. Environment Status Report.
- The [Commissioner] [This word was substituted for the word 'Mayor' by Maharashtra 27 of 1999, Section 17, (w.e.f. 23-4-1999).] shall, before the 31st day of July every year, place before the Corporation a report on the status of environment within [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f 4.9.1996).] in respect of the last preceding financial year, covering such matters and in such manner as may be specified by the State Government, from time to time.]Respective Functions of the several Municipal Authorities64. [ Functions of the several municipal authorities. [ Section 64 was substituted by Maharashtra 27 of 1999, Section 18, (w.e.f. 23-4-1999).]
64A. [ Citizens' Charter. [This heading and section 64A to 64D were inserted by Maharashtra 29 of 2011, Section 2 (w.e.f. 12-9-2011).]
64B. Delegation of Power.
64C. Disciplinary action.
64D. Non-application of provisions of section 64C in certain circumstances.
- Nothing in section 64C shall apply to,-65. [Corporations may call for extracts from proceedings, etc. from Committees. [Section 65 was substituted by Maharashtra 10 of 1998, Section 25.]
- The Corporation may at any time call for extracts from any proceedings of any Committee constituted under this Act, and for any return, statement, account or report concerning or connected with any matter with which any such Committee is empowered by or under this Act to deal; and every such requisition shall be complied with by the Committee without unreasonable delay.]66. Corporations may require the [Commissioner] [This word was substituted for the word 'Mayor' by Maharashtra 27 of 1999, Section 19(a). (w.e.f. 23-4-1999).] to produce documents and furnish returns reports, etc.
66A. [ Right to ask questions. [New section 66A was inserted by Bombay 23 of 1930, Section 3.]
66B. [ Discussion on urgent public matters. [Sections 66B and 66C were inserted by Maharashtra 10 of 1998, section 28.]
66C. Asking for statement from [Commissioner.] [This word was substituted for the word 'Mayor' by Maharashtra 27 of 1999, section 22(a), (w.e.f. 23-4-1999).]
67. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure.
- The exercise by any municipal authority of any power conferred or the performance of any duty imposed by or under this Act, which will involve expenditure, shall, except in any case specified in sub-section (2) of section 115 [or of section 470DD] [The words, figures and letter 'or of Section 460DD' were inserted by Bombay 48 of 1948, Section 11.] be subject to the following provisos, namely:-68. [ Delegation of powers of Municipal Authorities. [Section 68 was substituted by Maharashtra 10 of 1988, section 29.]
- Any of the powers, duties and functions conferred upon, assigned to or vested in the Corporation, the [Mayor], Commissioner or the General Manager, Brihan Mumbai Electric Supply and Transport Undertaking, by or under this Act, may be exercised, performed or discharged by any municipal 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].68A. [* * *] [Section 68A was deleted by Maharashtra 10 of 1998, section 30]
68AA. [ Government officers may be empowered to exercise certain powers, etc. of the Commissioner. [This section was inserted by Mahrashtra 71 of 1981, section 2.]
68B. [* * *] [Section 68B was deleted by Maharashtra 10 of 1998, section 31.]
Contracts69. Power to the Commissioner to execute contracts on behalf of the Corporation.
- With respect to the making of contracts under or for any purpose of this Act, the following provisions shall have effect, namely:-70. Mode of executing contracts.
71. Contract not binding on the Corporation unless executed as prescribed in section 70.
- No contract [of the nature specified in sub-section (2) of the last preceding Section] [These words were inserted by Bombay 13 of 1933, Section 14(i).] not executed as in the [said] [The word 'said' was substituted for the words 'last preceding' by Bombay 13 of 1933, Section 14(ii)] section provided shall be binding on the corporation.72. Tenders to be invited for contracts involving expenditure exceeding [three lakhs rupees] [These words were substituted for the words and figures 'Rs. 50,000' by Maharashtra 32 of 2011, Section 11(2), (w.e.f. 21-5-2011).].
72A. [ Power to execute contracts with unemployed Engineers. [Section 72A was inserted by Maharashtra 11 of 2002, Section 6 (w.e.f. 23.4.1999.]
- Notwithstanding anything contained in this Act but subject to the terms and conditions, as may be determined by the State Government, by general or special orders, the Commissioner may enter into any contract for the execution of work, which involves expenditure not exceeding rupees five lakhs, with unemployed Engineers:Provided that, the terms and conditions so determined by the State Government shall also include the conditions as to the qualification, experience and the provisions for registration of the unemployed Engineers:Provided further that, the Corporation may also specify the terms and conditions, not inconsistent with the terms and conditions determined by the State Government, for the execution of such contract.]73. Security when to be taken for performance of contract
-The Commissioner shall require sufficient security for the due performance of every contract into which he enters under the last preceding section, and may, in his discretion, require security for the due performance of any other contract into which he enters under this Act.73IA. [ Saving of contracts under Chapter XVIA. [This section was inserted by Bombay 48 of 1948, Section 13.]
- Nothing in sections 69 to 73, both inclusive, shall apply to contracts made under Chapter XVIA of this Act.]Chapter IV
Municipal Officers And Servants
[Special Engineer, City Engineer, Hydraulic Engineer, Executive Health Officer, Education Officer, Municipal Secretary, Municipal Chief Auditor and other Officers] [This heading was substituted for the heading 'Special Engineer, City Engineer, Executive Health Officer and Hydraulic Engineer' by Bombay 48 of 1950, Section 39.]73A. [ Appointment of Special Engineer. [Section 73A was inserted by Bombay 4 of 1947, Section 3.]
74. Appointment of [city engineer] [The words 'city engineer' were substituted for the original words 'Executive Engineer' by Bombay 19 of 1930, Section 6.] executive health officer and hydraulic engineer.
75. Time within which vacancy in office of [city engineer] [The words 'city engineer' were substituted for the words 'executive engineer' by Bombay 19 of 1930, Section 6.] or executive health officer or hydraulic engineer must be fill up.
76. Executive health officer to be the consulting officer of health under Bombay Act VI of 1867.
- The executive health officer appointed under this Act shall be the consulting officer of health for the purposes of Bombay Act VI of 1867 (An Act for the better sanitary regulation of the City of Bombay).[Education Officer] [This heading and section 76A were substituted for the original by Bombay 48 of 1950, Section 41.]76A. Appointment of Education Officer.
- The corporation shall from time to time appoint a fit person to be the Municipal Education Officer, who shall,-76B. [ Corporation to appoint qualified medical practitioners to the charge of hospitals maintained by the corporation. [This heading and section 76B were inserted by Bombay 3 of 1907, Section 13(1).]
- The corporation shall from time to time appoint such legally qualified medical practitioners as may be necessary to the charge of any hospital maintained by the corporation in connection with measures of public medical relief carried out under clause (gg) of section 61 and determine their salaries.]Municipal Secretary77. Appointment of municipal secretary.
78. Appointment of clerks and servants subordinate to the municipal secretary
78A. Appointment of municipal chief auditor.
78B. Appointment, salaries, fees, allowances and duties of assistant auditors, clerks and servants subordinate to the municipal chief auditor.
78C. Appointment of Municipal Chief Accountant [(finance)] [The brackets and word '(finance)' was inserted by Maharashtra 11 of 2002, Section 7, (w.e.f. 1.4.1999)].
78D. [ Appointment of [Municipal Chief Accountant (water supply and sewerage)] [Section 78D was inserted by Maharashtra 34 of 1973, Section 4].
- The Corporation shall, from time to time, appoint a fit person to be the [Municipal Chief Accountant (water supply and sewerage)] [These words were substituted for the words 'Additional Municipal Chief Accountant' by Maharashtra 11 of 2002, Section 8, (w.e.f. 8.1.2002)]. He shall-78E. [ Appointment of [Municipal Chief Accountant (Treasury)] [Section 78E was inserted by Maharashtra 70 of 1975, Section 6.]
. - The Corporation shall, from time to time, appoint a fit person to be the [Municipal Chief Accountant (Treasury)] [Sub-section (2) was deleted by Maharashtra 70 of 1975, Section 5(b)]. He shall -78F. [ Power of State Government to notify posts to be filled in by deputation. [Section 78F was inserted by Maharashtra 40 of 2011, Section 2 (w.e.f. 28-12-2011)]
79. Schedule of other officers and servants to be prepared by the Commissioner and sanctioned by the standing committee [or the Education Committee] [These words were inserted by Bombay 48 of 1950, Section 45(4).]
. - (1) The Commissioner shall, [* *] [Words were repealed by Act 16 of 1895.] from time to time, prepare and bring before the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 23-4-1999). 27 of 1999, Section 34(a), (w.e.f. 23-4-1999).] a schedule setting forth the designations and grades of the other officers and servants [other than the officers and servants to be appointed for the purposes of clause (q) of section 61] [This portion was inserted by Bombay 48 of 1950, Section 45(1)]; who should, in his opinion, be maintained, and the amount and nature of the salaries, fees and allowances which, he proposes, should be paid to each.80. Restriction of employment of permanent officers and servants.
No permanent officer or servant shall be entertained in any department of the municipal administration unless he has been appointed under sections [* *] [The figures 39 were deleted by Bombay 48 of 1950, Section 46(1)] [60A] [The figures and letter '60A' were inserted by Bombay 48 of 1948, Section 16], [73A] [The figures and letter '73A' were inserted by Bombay 4 of 1947, Section 5], 74, [76A, and 76B] [These figures, word and letters were inserted by Bombay 3 of 1907, Section 13(1)], 77, [78, 78-A] [These figures, word and letters were substituted for 'or 78' by Bombay 2 of 1938, Section 4.] [78B or 78C] [The word, figures and letters were substituted for the word, figures and letters 'or 78B' by Bombay 48 of 1950, Section 46(2)] or his office and emoluments are included in the schedule at the time in force prepared and sanctioned under the last preceding section:[* * * * *] [This proviso was deleted by Maharashtra 10 of 1998, Section 43.]80A. [ Power of appointment in whom to vest. [[Section 80A was added by Bombay, 6 of 1922, Section 20.
Section 6 of Bombay 4 of 1947 runs as follows:-'6. Validation of Act of Special Engineer appointed under section 80A. - All the powers, duties and functions of the City Engineer exercised and performed by the Special Engineer appointed under section 80A of the said Act during the period from 26th September 1946 to the date on which the City of Bombay Municipal (Amendment) Act, 1947 comes into operation shall be deemed to be and always be deemed to have been validly exercised and performed; and no acts done by the said Special Engineer shall after the coming into operation of this Act be deemed to be invalid or called in question on the ground only that the said powers and duties in the purported exercise of which the said acts were done were not at the time when, the said acts were done lawfully vested In him, and the said Special Engineer, is now hereby indemnified and discharged from liability in respect of such acts.'.]]80B. [ Manner of making appointment] [This section was substituted by Bombay 48 of 1950, Section 48.].
- (1) No person shall be appointed to a post -(a)[ the power of appointment to which vests in the corporation or the [Standing Committee] and which is equivalent to, or higher than, the post of Executive Engineer set forth in the schedule for the time being in force prepared and sanctioned under section 79; or](b)[ the power of appointment to which vests in the Brihan Mumbai Electric Supply and Transport Committee and which is equivalent to, or higher than, the post of Secretary set forth in the Schedule sanctioned by the Brihan Mumbai Electric Supply and Transport Committee and the Corporation under section 460R] [Clause (b) was inserted by Maharashtra 27 of 1999, Section 35(a)(ii), (w.e.f. 23-4-1999).];except after consultation with the Commission in accordance with the rules made under this section:] [Sub-section (1) was substituted by Maharashtra 11 of 1964, Section 5(a).][Provided that, it shall not be necessary for the Commission to be consulted in the case of posts in the Water Supply and Sewerage Department falling under clause (a) and connected with the Water Supply and Sewerage Projects financed partly with assistance from the International Development Association, being posts specified by the Commissioner in this behalf [and which ranks lower than the post of Executive Engineer set forth in the schedule] [This proviso was added by Maharashtra 34 of 1973, Section 5.] for the time being in force prepared and sanctioned under Section 79.]81. [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 37, (w.e.f. 23-4-1999).] to frame regulations for grant of leave, etc.
82. [Power of appointment in whom to vest.] [Section 82 repealed by Bombay VI of 1922, Section 28, is omitted and the repeal shall be deemed to have been made and to have had effect from such date as may be fixed by the Corporation.]
- Repealed by Bombay VI of 1922.83. [ Power of suspending, reducing, removing or dismissing and imposing other penalties in whom to vest] [This marginal note was substituted by Maharashtra 8 of 1992, Section 5(d).]
84. Leave of absence by whom to be granted.
84A. [ Saving in respect of officers and servants appointed under Chapter XVIA. [This section was inserted by Bombay 48 of 1948, Section 17.]
- Nothing in section 79, 80, 80A, [*] [Sub-section (3) was added by Maharashtra 8 of 1992, Section 5(c).] 81, 83 and 84 shall apply to officers and servants appointed under the provisions of Chapter XVIA of this Act.]85. Acting appointments.
85A. [ Temporary appointment. [This section was inserted by Bombay 18 of 1939, Section 3.]
- Notwithstanding anything contained in the foregoing provisions, when a vacancy occurs in any of the posts referred to in sub-section (1) of section 80B the corporation [or [the Brihan Mumbai Electric Supply and Transport Committee], as the case may be] may, pending the appointment of a person in accordance with the provisions [* * *] [The words, brackets and figure 'of sub-section (2)' were deleted by Bombay 48 of 1950, Section 51.] of the said section, appoint any person to fill such vacancy on a monthly salary not exceeding the maximum salary of the post:Provided that no appointment under this section shall extend beyond, or be made after a lapse of, six months from the date on which the vacancy occurs.]Disqualifications of Municipal Officers and Servants86. Municipal officer or servant not to be interested in any [contract] [This word was substituted for the words 'contract, etc.,' by Maharashtra 42 of 1977, Section 5(d).] with the corporation.
86A. [ Sanction for prosecution of officers and servants of Corporation. [Section 86A was inserted by Maharashtra 29 of 2011, Section 3, (w.e.f. 12-9-2011).]
- Notwithstanding anything contained in this Act, the Commissioner shall be competent to sanction prosecution of any officer or servant of the Corporation which has been sought by the Police or any other Government agency. The Commissioner shall inform about grant of any such sanction to the Municipal Corporation in be next ensuing meeting of the Corporation.][Chapter IV-A [Chapter IV-A inserted by Maharashtra 33 of 2007, Section 2 (w.e.f. 26-12-2007).] Disclosure Of Specified Information86B. Disclosure of specified information.
Chapter V
Municipal Property And Liabilities
Acquisition of Property87. Powers of corporation as to acquisition of property
-The corporation shall, for the purpose of this Act, have power to acquire and hold movable and immovable property, whether within or without the limits of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].88. Transfer to the corporation of the property of the municipal corporation.
- All such immovable and other property as is held by, or in trust for, or has been granted by [the [Government] [The words the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] ] to the corporation under, or in pursuance or for the purposes of any Act hereby repealed, shall, upon and after the date when this Act comes into force, vest in the corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same.89. Conditions affecting the vesting of the Vehar water works in the corporation.
89A. [ Lands and buildings specified in Schedule V to vest in [Government] [Sections 89A to 89F were inserted by Bombay 3 of 1907, Section 14.].
- On and from the commencement of the City of Bombay Police Charges Act, 1907, all the estate, right, title and interest of the corporation in and to the lands and buildings specified in Schedule V free from all liabilities and charges affecting the same and created by the corporation shall vest in (Government] [This word was substituted for the words 'His Majesty' by the Adaptation of Laws Order, 1950.]:Provided that nothing in this section shall affect any of the lands specified in the items in the said Schedule numbered 28 to 139 (both inclusive) on which any movable wooden chowki is situated at the commencement of the said Act.]89B. [The Statue of Her Majesty Queen Victoria and the site thereof in the Esplanade Road to vest in the Corporation subject to certain conditions.]
- Deleted by Maharashtra 5 of 1968, Section 2(1).89C. The Victoria and Albert Museum [renamed as Dr. Bhau Daji Lad Museum] [These words and letters were inserted by Maharashtra 51 of 1975, Section 7(2).] and the site thereof to vest in the corporation.
- [(1) On and from the commencement of the City of Bombay Police Charges Act, 1907, all the estate, right, title and interest of [Government] [Section 89C was renumbered as sub-section (1) of that section and sub-section (2) was inserted by Maharashtra 51 of 1975, Section 7(1).] in and to the Victoria and Albert Museum and the site thereof shall vest in the corporation free from all liabilities and charges affecting the same and [created by the [Government] [The words 'created by the Crown' were substituted for the words 'created by Government' by the Adaptation of Indian Laws Order in Council.]] and corporation may apply the said museum and the said site to any public purpose on and from such dates as the Prince of Wales Museum of Western India may be declared open by [ [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government]].89D. Central Vaccine Depot at Parel to vest in the Corporation.
- On and from the commencement of the City of Bombay Police Charges Act, 1907, all the estate, right, title and interest of [Government] [This word was substituted for the words 'His Majesty' by the Adaptation of Laws Order, 1950.] in and to the Central Vaccine Depot at Parel shall vest in the corporation free from all liabilities and charges affecting the same and [created by the [Government] [The words 'created by the Crown' were substituted for the words 'created by Government' by the Adaptation of Indian Laws Order in Council.] ].89E. All buildings used for primary education and the sites thereof to vest in the corporation.
- On and from the commencement of the City of Bombay Police Charges Act, 1907, all the buildings used for primary education and the sites thereof within the city theretofore vesting in [Government] [This word was substituted for the words 'His Majesty' by the Adaptation of Laws Order, 1950.] shall vest in the corporation free from all liabilities and charges affecting the same and [created by the [Government] [The words 'created by the Crown' were substituted for the words 'created by Government' by the Adaptation of Indian Laws Order in Council.] ].89F. Corporation to repay to [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government the amount of grant made for purposes of primary education in respect of certain buildings or sites if used for other purposes.
- Notwithstanding anything contained in section 89E, if any buildings or sites in respect of which, before or after the commencement of the City of Bombay Police Charges Act, 1907, any grant has been made by the [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] for the purposes of primary education shall without the sanction of [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] be used for any other purpose, the Corporation shall thereupon repay to [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] the amount of such grant.90. Acquisition of immovable property by agreement.
91. Procedure when immovable property cannot be acquired by agreement.
91A. [ Transfer of property to the corporation. [New sections 91A to 91C were inserted by Bombay 13 of 1933, Section 19.]
91AA. [ Power to grant lease of Plot No. 3, the Cooperage Plot, or part thereof. [Section 91AA was inserted by Bombay 20 of 1952, Section 5.]
- [(1) Notwithstanding anything contained in sub-section (3) of section 91A, it shall be lawful and shall be deemed to have been lawful for the State Government to lease Plot No. 3, the Cooperage Plot, or any part thereof for a term not exceeding sixty years commencing from the 1st day of March nineteen hundred and forty-three for the construction of a club-house for ratings of the Indian Navy or for any other similar purpose and the provisions of the first proviso in sub-section (3) of the said section 91A shall not apply to the said plot or any part thereof, as the case may be so long as such lease remains in force and has not determined or has not been surrendered or otherwise terminated in accordance with law.]91AAA. [ Power to lease part of Plot No. 4(b) the Marine Lines Maidan, for certain purposes. [Section 91AAA was inserted by Maharashtra 10 of 1969, Section 2.]
- Notwithstanding anything contained in sub-section (3) of section 91A, it shall be lawful for the State Government to lease a part of Plot No. 4(b) the Marine Lines Maidan, not exceeding 7,200 sq. metres in area and for a term not exceeding 99 years, for the construction of a hospital or for any similar purpose, and the provisions of the first proviso in that sub-section shall not apply to the said part of the plot, so long as such lease remains in force and has not been determined or has not been surrendered or otherwise terminated in accordance with law.]91B. [ Vesting of property in [Government] [New sections 91A to 91C were inserted by Bombay 13 of 1933, Section 19.] on the termination of lease granted by the corporation.
- [(1) Upon the determination of the further period mentioned in sub-section (4) of section 91A the property vested or re-vested in the corporation, under the said section in any part of the land specified in Schedule W except those appropriated as open spaces, and the plots 1(a) and 1(e) to 1(1) both inclusive and 1(k) of the Flats shall be forthwith divested and such part of such lands shall vest or re-vest absolutely in [the State Government] [Re-numbered as sub-section (1) by Maharashtra 8 of 2002, Section 4, (w.e.f. 20.10.2001).]].91C. [ Power to apply certain lands vested in the corporation to the purpose of any scheme under this Act. [Section 91C were inserted by Bombay 13 of 1933, Section 19.]
- The corporation shall have power, subject to the provisions of section 91A, to apply any of the lands specified in Schedules W, X and Y for [any of the purposes for which land acquired under Chapter-XII-A may be applied including the purposes of] any of the schemes referred to in sub-section (2) of section 354B.]91D. [ Property of abolished municipalities and local authorities vesting in corporation. [Section 91D and 91E were inserted by Bombay 7 of 1950, Section 12.]
- All immovable and other property, which on the date immediately preceding the appointed date was held by or vested in -91DA. [ Property of abolished municipalities and local authorities in extended suburbs vesting in corporation. [Section 91DA was inserted by Bombay 58 of 1955, Section 5.]
- All immovable and other property, which on the day immediately preceding the date of the commencement of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956, was held by or vested in -91E. Decision of claims to property by or against the corporation in the suburbs [and the extended suburbs] [These words were inserted by Bombay 58 of 1956, Section 6(2).].
91F. [ Requisitioning of premises, vehicles, etc. for elections. [Sections 91F to 91L were inserted by Bombay 54 of 1955, Section 8.]
- [(1) If in connection with any election a request is made by the State Election Commission, the State Government or an officer authorised by the State Government (hereinafter referred to as "the Requisitioning Authority") may, by order in writing requisition-(a)any premises which are required or are likely to be required for the purpose of being used as a polling station or storage of ballot boxes after the poll has been taken;(b)any vehicle, vessel or animal needed or likely to be needed for the purpose of transport of ballot boxes to, or from any polling station or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for the performance of any duties in connection with such election;and may also make such further orders as may appear to it to be necessary or expedient in connection with such requisition:Provided that, no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election].91G. [ Payment of compensation. [Sections 91F to 91L were inserted by Bombay 54 of 1955, Section 8.]
91H. [ Power to obtain information. [Sections 91F to 91L were inserted by Bombay 54 of 1955, Section 8.]
- The requisitioning authority may, with a view to requisitioning any property under section 91F or determining the compensation payable under section 91G by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.]91I. [ Eviction from requisitioned premises. [Sections 91F to 91L were inserted by Bombay 54 of 1955, Section 8.]
91J. [ Release of premises from requisition. [Sections 91F to 91L were inserted by Bombay 54 of 1955, Section 8.]
91K. [ Power to make rules. [Sections 91F to 91L were inserted by Bombay 54 of 1955, Section 8.]
- The State Government shall make rules for prescribing,-91L. [ Penalty for contravention of any order, regarding requisitioning. [Section 91F to 91L were inserted by bombay 54 of 1955, Section 8.]
- If any person contravenes any order made under section 91F he shall, on conviction be punished with imprisonment for a term which may extend to one year or with fine or with both.]Disposal of Property92. Provisions governing the disposal of municipal property.
-With respect to the disposal of property belonging to the Corporation [other than property vesting in the Corporation for the purposes of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were inserted by Bombay 48 of 1948, Section 18.] ], the following provisions shall have effect, namely :-3. Notwithstanding anything contained In the principal Act, or in any rules, bye-laws or regulations made thereunder or In any judgment, decree or order of any court, tribunal or any other authority any-levy, demand and collection of premium on account of unearned income and transfer fees or charges or penalty by the corporation during the period commencing on the 22nd June 1993 and ending on the date of commencement of the Mumbal Municipal Corporation (Amendment and Validation) Act, 2011, on further assignment or transfer of leasehold rights by the lessee or transferor of such leasehold rights in respect of the properties of the corporation given on lease, with or without the prior permission of the Commissioner, and any action taken by the corporation therefor, shalt be deemed to have been validly levied, demanded, collected or taken and shall be deemed always to have been validly levied, demanded, collected or taken under the principal Act, as amended by the Mumbai Municipal Corporation (Amendment and Validation) Act, 2011; and accordingly no suit, prosecution or other legal proceedings shall lie in any court or before any tribunal or other authority on the ground that, the provisions of the principal Act, prior to such commencement, did not provide for levy, demand and collection of such premium and transfer fees or charges or penalty or action by the corporation. No suit, prosecution or other legal proceedings shall lie or be maintained or continued in any court or before any tribunal or other authority, for the refund of any such premium and transfer fees or charges or penalty so levied, demanded, collected or for any action taken with effect from the 22nd June 1993.]]
92A. [ Obligation annexed to property binding on transferee. [Section 92A was inserted by Bombay 34 of 1954, Section 3.]
- Where - (1) the Commissioner has transferred by way of sale or exchange any immovable property belonging to the Corporation and the terms of such transfer direct that the property shall be applied or enjoyed in a particular manner or the use or enjoyment thereof shall be restricted in a particular manner, or93. Debts payable by the Corporation.
- So much of the following moneys as are still repayable on the day when this Act comes into force shall be repaid, together with the interest due thereupon, by the Corporation, namely-94. Vehar water works' debt repayable in monthly instalments.
- In order to secure the repayment of the Vehar water works' debt, the Commissioner shall, on the first day of every month, until the whole of the said debt, together with the interest due thereon, shall be liquidated, pay to [the Government] [This words was substituted for the word 'Crown by the Adaptation of Laws Order, 1950.] a sum of rupees [nine thousand four hundred and ninety-eight.] [These words were substituted with effect from 31st December, 1892 for the original words by Bombay 1 of 1894, Section 3.]95. Period of repayment of consolidated loan.
96. Payments to whom to be made
97. In case of non-payment report to be made to the Chief Secretary to [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government
-If the Commissioner fails to make any of the said payments at the prescribed time the Accountant General shall, within seven days after the day on which such payment ought to have been made, report the fact to the Chief Secretary to [the [State] [The words 'The Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] or other officer acting in that capacity.98. Arrears may be recovered by detention of moneys due to the corporation.
99. Or by attachment of the municipal fund, etc.
100. Reversion of Vehar water works to the [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] in case of default in payment of any instalment of the debt due on their account.
If the Commissioner fails to make any monthly payment in accordance with section 94, on account of the Vehar water works' debt and after notice in writing, signed by one of the Secretaries to [the [State] [The words 'The Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] requiring payment of the same has been served upon him and forwarded [to the Mayor] [These words were substituted for the words 'to the President of the Corporation' by Maharashtra 10 of 1998, Section 54.] and published for a period of not less than two months in the [Official Gazette] [The words 'Official Gazette' were substituted for the word 'Bombay Government Gazette', by the Adaptation of Indian Laws Order in Council.] shall still fail to make such payment, the said Vehar water works shall, notwithstanding anything contained in section 88, cease to vest in the corporation and shall forthwith become vested in [Government] [This word was substituted for the words 'Her Majesty' by the Adaptation of Laws Order, 1950.] in trust for the purposes for which the same were previously vested in the corporation.101. Other rights, remedies of the [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] not to be affected.
- Nothing in the four last preceding sections shall affect the rights or remedies which the [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] has or shall have independently of this Act for the recovery of the moneys aforesaid, forthwith become vestedin [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.].102. Method of appropriating payments on account of the Vehar water works.
- The annual sum of the monthly instalments paid by the Commissioner under section 94 and all recoveries made under any of the foregoing sections on account of the Vehar water works' debt shall be appropriated as follows, namely :-firstly, to the payment of the interest accrued on account of the principal sum of rupees thirty-seven lakhs thirty thousand and fifty-three due on account of the said debt on the first day of July 1863;secondly, to the payment of interest on all sums advanced by the [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] in connection with the said works since the first day of July 1863;thirdly, to the payment of all sums subsequently advanced as aforesaid; andlastly, to the liquidation of the said principal sum of rupees thirty-seven lakhs thirty thousand and fifty-three.103. Method of appropriating payments on account of the consolidated loan.
- Every payment made by the Commissioner under section 95 and all recoveries made under any of the foregoing sections on account of the consolidated loan shall be appropriated first to the payment of the interest due at the time of such payment or recovery and secondly to the reduction of the principal.Repayment of House Rate and Market Loans of 1867-68104. Sinking fund for house rate and market loans to be maintained.
105. Account of balances due on loans to be published by the Commissioner yearly
105A. Definitions.
- In this Chapter -105B. Power to evict person from Corporation premises.
105C. Power to recover rent or damages as arrears of property taxes.
105D. Rent to be recovered by deduction from salary or wages in case of corporation employees.
- Without prejudice to the provisions of section 105B, in the case of any person who is an employee of the corporation and who has been allotted any corporation premises, the amount of rent due by him in respect of such premises shall, on a requisition in writing made in this behalf by the Commissioner to the Head of the Corporation Department or Officer under whom such person is employed, be liable to be deducted from the salary or wages payable to such person. On receipt of such requisition, the Head of such Department or Officer, as the case may be, shall deduct from the salary of wages payable to such person the amount specified in the requisition and pay the amount so deducted to the Commissioner in satisfaction of the rent due by him.105E. Commissioner to have powers of Civil Court.
- The Commissioner shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters, namely :-105F. Appeals.
105G. Finality of orders.
- Save as otherwise expressly provided in this Chapter, every order made by the Commissioner or the appellate officer under this Chapter shall be final, and shall not be called in question in any original suit, application or execution proceeding.105H. Power to make regulations.
- [The Commissioner, with the approval of the Standing Committee and the General Manager with the approval of Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 44 (w.e.f. 23-4-1999)], may make regulations for all or any of the following matters, namely : -Chapter VI
Borrowing Powers
106. [ Power to borrow from Central or [State] [New section 106 was substituted by Bombay 13 of 1933, Section 22, for the original as amended by Act 38 of 1920, Section 2, and Schedule I, Part IV, and Bombay I of 1925, Section 17.] Government or other persons.
- The corporation may from time to time borrow or re-borrow and take up at interest from [the Central or the [State] [The words 'the Central or the Provincial Government' were substituted for the words 'the Secretary of State for India in Council' by the Adaptation of Indian Laws Order in Council.] Government] or with the sanction of the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor-in-Council' by the Adaptation of Indian Laws Order in Council.] Government], from any other person, any sum necessary for the purpose of-106A. [ Restrictions on utilisation of funds created by corporation. [Section 106A was inserted by Maharashtra 32 of 2011, Section 12 (w.e.f. 21-5-2011).]
- Notwithstanding anything contained in section 106, except with the prior approval of the State Government, neither any internal loan shall be taken by the corporation from any of the funds created by the corporation nor shall any utilisation of such funds for any purposes other than the purposes for which the funds are created be made by the corporation.]107. Provisions applicable to any new loan contracted with Central or [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.
-If any new loan shall be contracted by the corporation under this Act with [the Central or the [State] [The words 'Provincial Government' were substituted for the words 'Governor-in-Council' by the Adaptation of Indian Laws Order in Council.] Government,] the same shall be subject, as regards repayment and security and in every other respect, to the same provisions as are hereinbefore contained in respect of the consolidated loan save only that the rate of interest, the period of repayment and the number and amount of the instalments shall, in the case of any such new loan, be fixed [by the Central Government, or, as the case may be, the [State] [The words 'by the Central Government or, as The case may be, the Provincial Government were substituted' for the words 'under the orders of the Governor-General in Council by the Governor-in-Council' by the Adaptation of Indian Laws Order in Council.] Government].[* * * * *] [The proviso was omitted by the Adaptation of Indian Laws Order in Council.]108. Mortgage of taxes or immovable property
109. Provisions as to exercise of borrowing powers
-The exercise of the powers of borrowing conferred by this Act shall be subject to the following provisions, namely :-109A. [ Investment of sinking fund and surplus moneys in debentures issued by the corporation. [New sections 109A, 109B and 109C were inserted by Bombay 13 of 1933, Section 24.]
109AA. [ Annual examinations of sinking funds. [This section was inserted by Bombay 76 of 1948, Section 13.]
109B. [ Corporation may take advance from banks and grant mortgage. [New section 109-A, 109B and 109-C were inserted by Bombay 13 of 1933, Section 24.]
109C. Corporation to have power to borrow from banks against Government promissory notes or securities.
- Notwithstanding anything contained in sections 106 and 109, the corporation may also borrow, for the purpose of this Act, from any bank or banks in which under section 122 the surplus moneys at the credit of the municipal fund may be deposited, against any Government promissory notes or other securities in which for the time being the cash balance of the corporation may be invested.]110. Form of security.
110A. [ Issue of duplicate securities. [Sections 110A to 110C were inserted by Bombay 1 of 1910, Section 2, Serial No. 16.]
110AA. [ Renewal of debentures. [Sections 110AA to 110AE were inserted by Bombay 5 of 1938, Section 13.]
- Subject to the provisions of section 110AB, a person claiming to be entitled to a debenture issued under this Act or any previous Act relating to the municipal government of the city or under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925, may on applying to the Commissioner and on satisfying him of the justice of his claim and delivering the debenture receipted in such manner and paying such fee as may be prescribed by the Commissioner obtain a renewed debenture payable to the person applying.110AB. Renewal of debentures in case of dispute as to title.
110AC. Liability in respect of debenture renewed.
110AD. Discharge in certain cases.
- When a duplicate debenture has been issued under section 110A, or when a renewed debenture has been issued under section 110AA or section 110AB, or when the principal sum due on a debenture in respect of which an order has been made under section 110A for the payment of the principal sum without the issue of a duplicate debenture has been paid on or after the date on which such payment became due, the corporation shall be discharged from all liability in respect of the debenture in place of which a duplicate or renewed debenture has been so issued, or in respect of which such payment has been made, as the case may be-110AE. Indemnity.
- Notwithstanding anything in section 110AA or 110AB, the Commissioner may in any case arising under either of those sections-110B. [ Right of survivors of joint payees of securities. [Sections 110B were inserted by Bombay 1 of 1910, Section 2, Serial No. 16.]
110C. [ Power of one or two or more joint holders to grant receipts. [Section 110C were inserted by Bombay 1 of 1910, Section 2, Serial No. 16.]
- Notwithstanding anything in section 45 of the Indian Contract Act, 1872, when two or more persons are joint holders of any debenture issued under this Act, or any previous Act relating to the municipal government of the city, [or under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925] any one of those persons may give an effectual receipt for any interest or dividend payable in respect of such debenture unless notice to the contrary has been given to the Commissioner by any other of the holders.]110D. [ Debentures issued under Bombay Acts IV of 1898 and XVI of 1925. [Sections 110D to 110H were inserted by Bombay 13 of 1933, Section 27.]
110DD. [ Issue of stock certificates. [Section 110D to 110H were inserted by Bombay 13 of 1933, Section 27.]
110E. [ Provisions for loans, etc raised by the Board of Trustees under Bombay Act IV of 1898 and Bombay Act XVI of 1925. [Sections 110D to 110H were inserted by Bombay 13 of 1933, Section 27.]
- In the case of all loans raised, sinking funds established, debentures or other securities issued and debts incurred by the Board of Trustees for the Improvement of the City of Bombay under and in accordance with the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925, before the City of Bombay Municipal (Amendment) Act, 1933, comes into operation the following provisions shall apply110F. [ Procedure in event of default by corporation in payment of interest or investment of sinking fund charges. [Sections 110D to 110H were inserted by Bombay 13 of 1933, Section 27.]
110G. [ Procedure in case of default by Commissioner. [Section 110D to 110H were inserted by Bombay 13 of 1933, Section 27.]
- If the Commissioner fails to make the payment as required by section 110F [the [State] Government] may attach the municipal fund or any tax leviable by the corporation or any special tax leviable under sub-section (2) of section 110F sufficient so far as can be estimated to cover such payment and thereupon the provisions of sub-sections (2) and (3) of section 99 shall with all modifications be deemed to apply:Provided that before [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] attaches a special tax leviable under sub-section (2) of section 110F, [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] may require the Corporation to levy the said tax].110H. [ Certain sums to be a charge upon the property of the corporation. [Section 110D to 110H were inserted by Bombay 13 of 1933, Section 27.]
- All moneys payable under sub-section (1) of section 110F and levied under section 110G shall constitute a charge upon the property of the corporation.]Chapter VII
Revenue And Expenditures
The Municipal Fund111. Constitution of the municipal fund.
- [Subject to the provisions of sections [119A, 119B,] [This portion was inserted by Bombay 48 of 1948, Section 21.] 120, 120A and 460Z] all moneys received by or on behalf of the Corporation under the provisions of this Act or of any other enactment at the time in force, or under any contract,all proceeds of the disposal of property by, or on behalf of, the Corporation,all rents accruing from any property of the Corporation,all moneys raised by any tax, levied for the purposes of this Act,all fees and fines payable and levied under this Act or under any rule, regulation or by law in force thereunder 8[other than fines imposed by a court],[the balance, after all necessary contingent expenses have been defrayed, of all fees] [These words were inserted by the Adaptation of Indian Laws Order in Council.] for licences for public conveyances granted by the Police Commissioner under [the Bombay Public Conveyance Act, 1920] [These words and figures were substituted for the original by Bombay 76 of 1948, Section 15.],[the balance, after all necessary contingent expenses have been defrayed, of all fees for licences for the playing of music in streets and public places granted under paragraph (ii) of clause (f) of section 22 of the City of Bombay Police Act, 1902] [This clause was inserted by Bombay 3 of 1907, Section 16(b).][* * * * *] [The words, figures, letter and brackets 'the balance, after all expenses referred to in sub-section (3) of section 513A have been defrayed of all fines levied by any magistrate in respect of any offence against the provisions of this Act, or of any regulation or by-law made under this Act,' were omitted by the Adaptation of Indian Laws Order in Council.]all moneys received by or on behalf of the Corporation [from any Government] [The words 'from any Government' were substituted for the words 'from Government' by the Adaptation of Indian Laws Order in Council.] or private individuals by way of grant or gift or deposit, andall interest and profits arising from any investment of, or from any transaction in connection with, any money belonging to the Corporation, [including loans advanced under section 354W, [354WA or 354WB] [These words, figures and letter were inserted by Bombay 13 of 1933, Section 28.]]shall be credited to a fund, which shall be called"the municipal fund", and which shall be held by the Corporation in trust for the purposes of this Act, subject to the provisions herein contained:[* * * * *] [The proviso was deleted by Bombay 48 of 1948, Section 21.]111A. [ Annual grant by State Government; from process of entertainments duty. [Section 111A was inserted by Maharashtra 63 of 1975, Section 3.]
- 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 entertainments duty levied and collected by it in [Brihan Mumbai] under the Bombay Entertainments Duty Act, 1923. 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,-112. Commissioner to receive payments on account of the municipal fund and to lodge them in a bank.
- All moneys payable to the credit of the municipal fund shall be received by the Commissioner and shall be forthwith paid [into [the State Bank of India, constituted under the State Bank of India Act, 1955 or any corresponding new Bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970] [These words were substituted for the original by Bombay 1 of 1894, Section 4(2).] or in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980] to the credit of an account, which shall be styled the account of the municipal fund of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).];[* * * * *] [The proviso was deleted by Maharashtra 21 of 1989, Section 18(b).]113. [ How the fund shall be drawn against. [Section 113 was substituted by Maharashtra 39 of 1961, Section 9.]
114. Deposit of portion of the municipal fund may be made with bank or agency out of [Mumbai] [This word was substituted for the word 'Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] when convenient
-Notwithstanding anything contained in the two last preceding sections, the Commissioner may, with the [previous] [The word 'previous' was inserted by Bombay 19 of 1930, Section 9.] approval of [the Standing Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, sections 46 and 47, (w.e.f. 23-4-1999).] from time to time, remit any portion of the municipal fund to a bank or other agency at any place beyond the city at which it may be desirable for the Corporation to have funds in deposit, and any moneys payable to the credit of the municipal fund or chargeable there against, which can, in the opinion of the Commissioner be most conveniently paid into or out of the account of the Corporation at any such bank or agency, may be so paid.115. Only sums covered by budget grant to be expended from the municipal fund.
116. Drafts on the municipal fund to be checked by [Officer of the Corporation] [These words were substituted for the words 'Members of the Standing Committee' by Maharashtra 10 of 1998, Section 61].
- The [Officer of the Corporation] [These words were substituted for the words 'Members of the Standing Committee' by Maharashtra 10 of 1998, Section 61] [* * *] [The words 'and the municipal secretary' were omitted by Bombay 32 of 1935, Section 8.] shall not sign any cheque under section 113 without first satisfying themselves that the sum for which such cheque is drawn is either covered by a budget grant as aforesaid or is an item of one of the excepted descriptions specified in sub-section (2) of the last preceding section.117. Procedure when money not covered by a budget grant is expended under clause (e), (f), (g) or (h) of section 115.
- Whenever any sum is expended by the Commissioner under clause (e), (f), (g) or (h) of [sub-section (2) of] [This portion was inserted by Bombay 5 of 1938, Section 16.] section 115, he shall forthwith communicate the circumstances to [the Standing Committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 49, (w.e.f. 23-4-1999).] who shall take such action under [sub-section (2) of] [This portion was inserted by Bombay 5 of 1938, Section 16.] section 133 or recommend the corporation to take, under section 131 [or under sub-section (1) of section 133] [This portion was inserted by Bombay, 5 of 1938, Section 16.] such actions as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.118. Purpose for which the municipal fund is to be applied.
- The moneys from time to time credited to the municipal fund shall be applied in payment of all sums, charges and costs necessary for the purposes specified in sections 61, 62, [62D] [The figures and letter '62D' were inserted by Bombay 3 of 1907, Section 17.], [62E] [The figures and letter '62E' were inserted by Bombay 12 of 1925, Section 3.] and 63, or for otherwise carrying this Act into effect, or of which the payment shall be duly directed or sanctioned under any of the provisions of this Act inclusive of-118A. [ Municipal fund where to be expended. [New section 118A was inserted by Bombay 10 of 1928, Section 11.]
- Expenditure by the corporation out of the municipal fund shall, save as otherwise provided by this Act, be made within [Brihan Mumbai] only, but may by a resolution of the corporation supported by at least [half the total number of] [These words were substituted for the words fifty-four by Bombay 7 of 1950, Section 13.] councillors, be made outside the city for any of the purposes of this Act.]119. Temporary payments from the municipal fund for works urgently required for public service
119A. [ Constitution of the Consolidated Water Supply and Sewage Disposal Loan Fund. [Sections 119A and 119B were inserted by Maharashtra 34 of 1973, Section 9.]
119B. Constitution of the Water and Sewage Fund.
120. [ Constitution of Fines Fund. [Sections 120 and 120A were added by Bombay 48 of 1948, Section 24.]
- Fines collected under [Section 83] shall be credited to a separate fund to be called "the Fines Fund" the proceeds of which shall be expended in promoting the well-being of municipal officers and servants other than those appointed under the provisions of Chapter XVI-A of this Act, and for the payment of compassionate allowances to the widows of such officers and servants who die while in municipal service and to such other relations of the officers and servants as the corporation may from time to time determine.]120A. [ Constitution of Welfare Fund. [Sections 120 and 120A were added by Bombay 48 of 1948, Section 24.]
- Amounts transferred to the municipal fund under the provisions of clause (c) of sub-section (1) of section 460 LL shall be credited to a special fund to be called "the Welfare Fund" and shall be expended in providing such benefits and amenities to municipal officers and servants, including those appointed under the provisions of Chapter XVI-A of this Act and to such members of their families and their dependants as the corporation may from time to time determine.]121. Special funds may be created with the approval of the corporation
-With the [previous] [The word 'previous' was inserted by Bombay 19 of 1936, Section 9.] approval of the corporation, any [* * *] [Portions repealed by Bombay 3 of 1907, Section 19.] Portion of the municipal fund may, [* * *] [Portions repealed by Bombay 3 of 1907, Section 19.] from time to time, be credited to a separate heading in the municipal accounts, provided that there shall be credited and debited to such special heading such sums only as shall expressly relate to the objects for which a special fund is so created.Disposal of Balances122. [ Investment of surplus money. [This section was substituted for the original section 122 by Bombay 1 of 1894, Section 5.]
123. Accounts to be kept in forms prescribed by [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, section 53 and 54, (w.e.f. 23-4-1999).].
- [Subject to the provisions of Chapter XVI-A of this Act] [This portion was inserted by Bombay 48 of 1948, Section 25.] accounts of the 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 27 of 1999, section 53 and 54, (w.e.f. 23-4-1999).] shall from time to time prescribe:[Provided that, the accounts of the Water and Sewage Fund and the Consolidated Water Supply and Sewage Disposal Loan Fund shall be maintained on the accrual basis, unless otherwise prescribed by the [Standing Committee] [This proviso was added by Maharashtra 34 of 1973, Section 10.].]123A. [ Separate pro forma accounts to kept by the Commissioner. [New section 123A was inserted by Bombay 13 of 1933, Section 30.]
123B. [Separate pro forma accounts in respect of the suburbs to be kept.]
- Deleted by Maharashtra 1 of 1964, Section 4.123BB. [Provisions of section 231B to apply mutatis mutandis in respect of extended suburbs.]
- Deleted by Maharashtra 1 of 1964, Section 4.123C. [ Accounts in respect of primary education. [Section 123C was inserted by Bombay 48 of 1950, Section 54.]
124. Preparation of annual administration report and statement of accounts
125. [ Estimates of expenditure and income to be prepared annually by [Commissioner] [Section 125 was substituted for the original section by Bombay 13 of 1933, Section 31.].
- [The Commissioner] [These words were substituted for the words 'The Member-in-charge' by Maharashtra 27 of 1999, Section 57(a) & (c), (w.e.f. 23-4-1999).] shall, on or before each [fifth day of February] [These words were substituted for the words 'first day of March' by Maharashtra 21 of 1989, Section 21.] have prepared and lay before [the Standing Committee in such form as the said committee] [These words were substituted by Maharashtra 27 of 1999, Section 57(b), (w.e.f. 23-4-1999).] shall from time to time approve,-125A. [ Classification of budget heads. [This section was inserted by Bombay 5 of 1938, Section 18.]
- The expenditure side of a budget estimate shall be classified under major heads, minor heads, subordinate heads and primary units, -126. [ Budget estimates to be prepared by the [Standing Committee] [Section 126 was substituted for the original section by Bombay 13 of 1933, Section 32.].
126A. [ Estimates of expenditure and income of the [Brihan Mumbai Electric Supply and Transport Undertaking] [Sections 126A and 126B were inserted by Bombay 48 of 1948, Section 29.] to be prepared annually by [General Manager] [These words were substituted for the words 'Member-in-charge' by Maharashtra 27 of 1999, Section 59(b), (w.e.f. 23-4-1999).].
- [The General Manager shall, on or before each tenth day of October, have prepared and lay before the Brihan Mumbai Electric Supply and Transport Committee, in such form as the Committee shall from time to time, approve] [This portion was substituted by Maharashtra 27 of 1999, Section 59(a), (w.e.f. 23-4-1999).] -126B. Budget estimate to be prepared by [Briban Mumbai Electric Supply and Transport Committee] [These words were substituted by the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 60(a)(i), (w.e.f. 23-4-1999).].
126C. [ Estimates of expenditure and receipts of primary education. [Sections 126C and 126D were inserted by Bombay 48 of 1950, Section 57.]
- [The Commissioner] shall on or before each [fifth day of February] [These words were substituted for the words 'first day of March' by Maharashtra 21 of 1989, Section 23.] have prepared and lay before [The Education Committee in such form as the committee] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 61(b), (w.e.f. 23-4-1999).] shall from time to time approve-126D. Budget estimate "C" to be prepared by [Education Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 62(e), (w.e.f. 23-4-1999).].
126E. [ Estimate of expenditure and receipts for the purposes of Chapters IX and X. [Sections 126E and 126F were inserted by Maharashtra 34 of 1973, Section 13.]
- [The Commissioner] shall on or before each [fifth day of February] [These words were substituted for the words 'first day of March' by Maharashtra 21 of 1989, Section 25.] have prepared and lay before [the Standing Committee in such form as the committee] [These words were substituted by Maharashtra 27 of 1999, Section 63(b), (w.e.f. 23-4-1999).] shall from time to time approve, -126F. Budget Estimate "G" to be prepared by [the Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 64(d), (w.e.f. 23-4-1999).]
126G. [ Report on services provided in a subsidised manner. [Section 126G was inserted by Maharashtra 41 of 1994, Section 40.]
127. Consideration of budget estimates by Corporation.
- [(1) At a meeting of the Corporation which shall be called for some day [in March,] [Section 127 renumbered as sub-section (1) and sub-section (2) was inserted by Maharashtra 70 of 1975, Section 13(1).] [not later than the tenth] [These words were substituted for the words not later than the twentieth by Maharashtra 21 of 1989, Section 27.] the [Budget Estimates 'A', 'B' and 'C' prepared by the Standing Committees, as also Budget Estimate E prepared by the Education Committee with the report of the Standing Committee thereon] [This portion was substituted by Maharashtra 27 of 1999, Section 66(a), (w.e.f. 23-4-1999).] shall be laid before the Corporation and they shall proceed to consider the same.]128. [ Fixing rates, of municipal taxes and of fares and charges of [Brihan Mumbai Electric Supply and Transport Undertaking] [Section 128 was substituted for the original by Maharashtra 32 of 1966, Section 4.].
129. [ Final adoption of budget estimates. [This section was substituted for the original by Bombay 48 of 1948, Section 31.]
- Subject to the requirements of sub-section (1) of section 128, the Corporation may refer [Budget Estimate "A" or Budget Estimate "B" or Budget Estimate "E" or all or any of those estimates back to the Standing Committee and Budget Estimate"C" back to the Brihan Mumbai Electric Supply and Transport Committee and Budget Estimate"E" back to the Education Committee] for further consideration, or adopt the budget estimates or any revised budget estimates submitted to them as they stand or subject to such alteration as they deem expedient:Provided that the budget estimates finally adopted by the Corporation shall fully provide for each of the matters specified in clauses (b), (c) and (d) of sub-section (2) [of section 126] [These words and figures were substituted for the portion beginning with 'and clauses (a) and (b) of sub-section (3A)' and ending with 'said section 126' by Maharashtra 1 of 1964, Section 8(b).] and for each of the matters specified in sub-section (3) of section 126B [and clauses (a) and (b) of sub-section (2) of section 126D] [This portion was inserted by Bombay 48 of 1950, Section 59(2).] [and sub-section (2) of section 126F] [This portion was inserted by Maharashtra 34 of 1973, Section 15(b).], as the case may be.]129A. [ Estimates of expenditure and income deemed to be budget estimates. [Section 129A was inserted by Maharashtra 32 of 2011 Section 14 (w.e.f. 21.5.2011)]
- Notwithstanding anything contained in this Act, if for any reason the corporation has not finally adopted the budget estimates before the commencement of the official year to which they relate, the statement of expenditure and income prepared by the Commissioner under section 125 [and estimates prepared by the General Manager under section 126A] shall be deemed to be the budget estimates for the year until the corporation duly adopts the budget estimates as per the provisions of this Act.]130. [ Budget grant defined. [This section was substituted for the original by Bombay 5 of 1938, Section 19.]
- The total sum entered under a major head on the expenditure side, which has been adopted by the Corporation, shall be termed a "budget grant".]131. Corporation may increase amount of budget grants and make additional grants.
- [(1) On the recommendation of the [Standing Committee in case of expenditure from the municipal fund for purposes other than clause (q) of section 61 and the Brihan Mumbai Electric Supply and Transport Committee in case of expenditure from the Brihan Mumbai Electric Supply and Transport Fund, the Corporation may] [This sub-section was substituted for the original by Bombay 48 of 1948, Section 32.] from time to time during an official year increase the amount of any budget grant, or make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year, but not so that the estimated cash balance at the close of the year shall be reduced below one lakh of rupees in the case of either the municipal fund or the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]:][* * * *] [The first proviso was deleted by Maharashtra 1 of 1964, Section 9(a).][ [Provided that] [This proviso was added by Bombay 48 of 1950, Section 60(2).], in the case of expenditure from municipal fund for purposes of clause (q) of section 61 the estimated cash balance at the close of the year in the budget estimate 'E' shall not be reduced below twenty thousand rupees.]132. Rules as to unexpended budget grants.
- [If the whole budget grant or any portion thereof] [These words were substituted for the original by Bombay 76 of 1948, Section 17.] remains unexpended at the close of the year in the [budget estimates] [The words 'budget estimates' were substituted for the original by Bombay 13 of 1933, Section 33.] for which such grant was included, and if the amount thereof has not been taken into account in the opening balance of the municipal fund [or the [Brihan Mumbai Electric Supply and Transport Fund] [These words were inserted by Bombay 48 of 1948, Section 33.], as the case may be], entered in the [budget estimates] [The words 'budget estimates' were substituted for the original by Bombay 13 of 1933, Section 33.] of [any of the next two following years] [These words were substituted for the original by Bombay 76 of 1948, Section 17.], the [the Standing Committee or the Education Committee or the Brihan Mumbai Electric Supply and Transport Committee as the case may be] [These words were substituted by Maharashtra 27 of 1999, Section 70, (w.e.f. 23-4-1999).] may sanction the expenditure of such budget grant or such unexpended portion thereof, as the case may, during the next two following years for the completion, according to the original intention or sanction, of the purpose or object for which the budget grant was made, but not upon any other purpose or object.133. [ Reductions or transfer. [Section 133 was substituted by Maharashtra 39 of 1961, Section 10.]
- Reductions in, and transfers from, a budget grant shall be made as under:-134. [ Readjustment of income and expenditure to be made by the corporation during course of official year whenever necessary. [This section was substituted for the original by Bombay 48 of 1948, Section 35.]
135. [ [Monthly] [Section 135 was substituted for the original by Bombay 2 of 1938, Section 7.] scrutiny of accounts by municipal chief auditor and scrutiny of account by the [Standing Committee] [These words were substituted for the words 'Municipal Accounts Committee' by Maharashtra 27 of 1999, Section 73(e), (w.e.f. 23-4-1999).].
- [(1) The Municipal Chief Auditor shall conduct a monthly examination and audit of the municipal accounts and shall report thereon to the Standing Committee who shall publish, monthly, an abstract of the receipts and expenditure of the month last preceding, signed by not less than two members of the said Committee and by the Municipal Chief Auditor. The Standing Committee may also from time to time and for such period as they thinks fit conduct independently an examination and audit of the Municipal Accounts.] [Sub-section (1) was substituted by Maharashtra 27 of 1999, Section 73(a), (w.e.f. 23-4-1999).]136. [ Duties and powers of the municipal chief auditor [Sections 136 and 137 were substituted for the original by Bombay 2 of 1938, Section 7.]
-The municipal chief auditor in addition to any other duties or powers imposed or conferred upon him under this Act shall perform the duties and may exercise the powers specified in Schedule EE137. Report by the municipal chief auditor.
137A. [ Application of sections 135, 136 and 137 to accounts of the [Brihan Mumbai Electric Supply and Transport Fund] [This section was inserted by Bombay 4 of 1948, Section 36.].
- Sections 135, 136 and 137 shall apply to the accounts of the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] as if -137B. [ Power of State Government to require audit by Director, Local Fund Accounts Audit. [Section 137B was inserted by Maharashtra 12 of 2011, Section 3 (w.e.f. 10-3-2011).]
- The State Government shall cause the annual accounts of the Corporation, including the accounts of the Brihan Mumbai Electric Supply and Transport Undertaking, to be audited by the Director, Local Fund Accounts Audit. On receipt of the report from the Director, Local Fund Accounts Audit of such audit, the State Government shall forward it to the Commissioner. The Commissioner shall cause, the report of such audit to be laid before the General Body of the Corporation within three months from the date of its receipt. The Commissioner shall, thereafter, take further necessary action on the report as per the provisions of the Maharashtra Local Fund Audit Act.]138. A special audit may be directed by [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.
- [(1) The [State] [This sub-section was substituted for the original by Bombay 48 of 1948, Section 37.] Government may at any time appoint an auditor for the purpose of making a special audit of the municipal accounts, including the accounts of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], and of reporting thereon to the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government and the costs of any such audit as determined by the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government shall be chargeable to the municipal fund or to the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], as the case may be.]Chapter VIII
Municipal Taxation
Municipal Taxes defined139. Taxes to be imposed under this Act.
- For the purpose of this Act, taxations shall be imposed as follows, namely:-139A. [ Property taxes what to consist. [Section 139-A inserted by Maharashtra 11 of 2009, Section 3, dated 13-4-2009 (w.e.f. 1-4-2010).]
140. [Property taxes leviable on rateable value, or on capital value, as the case may be, and at what rate.] [Substituted by Maharashtra 11 of 2009, Section 4(1), dated 13-4-2009 (w.e.f. 1-4-2010).].
- [(1) [The following property taxes shall be leviable on buildings and lands in Brihan Mumbai, namely] [Section 140 was renumbered as sub-section (1) and clauses (a) and (b) were substituted by Maharashtra 34 of 1973, Section 16(1).]:-(a)[ (i) the water tax of so many per centum of their rateable value, [or their capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 4(2)(b), dated 13-4-2009 (w.e.f. 1-4-2010).] as the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 76, (w.e.f. 23-4-1999).] may consider necessary for providing water supply;(ii)an additional water tax which shall be called 'the water benefit tax' of so many per centum of their rateable value, [or their capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 4(2)(b), dated 13-4-2009 (w.e.f. 1-4-2010).] as the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 76, (w.e.f. 23-4-1999).] may consider necessary for meeting the whole or part of the expenditure incurred or to be incurred on capital works for making and improving the facilities of water supply and for maintaining and operating such works;[Provided that all or any of the property taxes may be imposed on a graduated scale.] [This proviso was added by Maharashtra 41 of 1994, Section 41.](b)(i)the sewerage tax of so many per centum of their rateable value, [or their capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 4(2)(b), dated 13-4-2009 (w.e.f. 1-4-2010).] as the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 76, (w.e.f. 23-4-1999).] may consider necessary for collection, removal and disposal of human waste and other wastes;(ii)an additional sewerage tax which shall be called the "sewerage benefit tax" of so many per centum of their rateable value, [or their capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 4(2)(b), dated 13-4-2009 (w.e.f. 1-4-2010).] as the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 76, (w.e.f. 23-4-1999).] may consider necessary for meeting the whole or a part of the expenditure incurred or to be incurred on capital works for making and improving facilities for the collection, removal and disposal of human waste and other wastes and for maintaining and operating such works;]General tax(c)a general tax of not less than eight and not more than [fifty] [This word was substituted for the word 'twenty-six' by Maharashtra 20 of 1995, Section 2(a), (w.e.f. 31.8.1995).] per centum of their rateable value, [or of not less than 0.1 and not more than 1 per centum of their capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 4(2)(c)(i), dated 13-4-2009 (w.e.f. 1-4-2010)] together with not less than one-eighth and [not more than five per centum] [These words were substituted for the words' not more than two per centum' by Maharashtra 20 of 1995, (w.e.f. 31. 8. 1995)] of their rateable value [or not less than 0.01 and not more than 0.2 per centum of their capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 4 (2) (c) (ii), dated 13-4-2009.] added thereto in order to provide for the expense necessary for fulfilling the duties of the corporation arising under clause (k) of section 61 and Chapter XIV;[Provided that, the Corporation shall not levy property tax leviable under this clause, on residential buildings or residential tenements, having carpet area of 46.45 sq. meter (500 sq. feet) or less.Explanation. For the purposes of the above proviso, the term "residential buildings or residential tenements, having carpet area of 46.45 sq. meter (500 sq. feet) or less" means the residential buildings or residential tenements, existing on the date of coming into force of the Mumbai Municipal Corporation (Amendment) Act, 2019, having carpet area of 46.45 sq. meter (500 sq. feet) or less and recorded with such area in the Municipal records on the 1st January 2019 or in respect of which the permission to occupy has been granted by the Corporation permitting such area to be occupied after such date of coming into force of the said Act.] [Added by Maharashtra Act No. 24 of 2019, dated 23.7.2019.]Education cess(ca)[ the education cess leviable under section 1959;] [This clause was inserted by Bombay 13 of 1958, Section 5.][the street tax leviable under section 195G.] [Clause (cb) was inserted by Maharashtra 33 of 1989, Section 9.](d)[ betterment charges leviable under Chapter XII-A.] [This clause was added by Bombay 34 of 1954, Section 9.][Explanation. - [* * *] [The Explanation was added by Maharashtra 10 of 1998, Section 90(b).]][* * *] [Proviso deleted by Maharashtra 11 of 2009, Section 4(2)(e), dated 13-4-2009 (w.e.f. 1-4-2010).]140A. [ Property taxes to be levied on capital value and the rate thereof. [Section 140A inserted by Maharashtra 11 of 2009, Section 5, dated 13-4-2009 (w.e.f. 1-4-2010).]
- [(1)] Notwithstanding anything contained in section 140 or any other provisions of this Act, the Corporation may pass a resolution to adopt levy of property tax on buildings and lands in Brihan Mumbai on the basis of capital value of the buildings and lands on and from such date, and at such rates, as the Corporation may determine in accordance with the provisions of section 128:Provided that, for the period of five years from the date on and from which such property tax is levied on capital value, the tax shall not exceed,-(i)in respect of building used for residential purposes, two times, and(ii)in respect of building or land used for non-residential purposes, three times,the amount of the property tax leviable in respect thereof in the year immediately preceding such date:[Provided further that, where the property taxes levied in respect of any residential or non-residential building or portion thereof were on the basis of annual letting value arrived at considering leave and licence charges, by whatever name called, then for the purposes of the first proviso it shall be lawful for the Commissioner to ascertain such tax leviable during such immediately preceding year, as if such building or portion thereof were self-occupied and had been so entered in the assessment book:] [This proviso was inserted by Maharashtra 11 of 2011, Section 3(1)(a), (w.e.f. 10-3-2011).]Provided [also] [This word was substituted for the words 'further' by Maharashtra 11 of 2011, Section 3(1)(b), (i.v.e.f. 10-3-2011).] that, the property tax levied on the basis of capital value of any building or land on revision made under sub-section (1C) of section 154 shall not in any case exceed 40 per centum of the amount of the property tax payable in the year immediately preceding the year of such revision:Provided also that, for the period of five years commencing from the year of adoption of capital value as the base, for levy of property tax under section 140A, the amount of property tax leviable in respect of a residential building or residential tenement, having carpet area of 46.45 sq. meter (500 sq. feet) or less, shall not exceed the amount of property tax levied and payable in the year immediately preceding the year of such adoption of capital value as the basis.[Provided also that, for the Financial Year 2019-20, the provisions of the preceding proviso shall apply as if the general tax leviable under clause (c) of sub-section (1) of section 140 do not form part of the property tax leviable under that section.] [Added by Maharashtra Act No. 24 of 2019, dated 23.7.2019.]141. [Water taxes] [This words was substituted for the words 'water tax' by Maharashtra 34 of 1973, Section 17(2).] on what premises to be levied.
- [(1)] [Section 141 was renumbered as sub-section (1) and sub-section (2) was added by Maharashtra 34 of 1973, Section 17(1).] Subject to the provisions of section 169, the water tax shall be levied only in respect of premises-142. [Sewerage taxes on what premises to be levied.] [These words were substituted for the words 'Halalkhor tax' by Maharashtra 34 of 1973, Section 18(d).]
143. General tax on what premises to be levied.
144. Payment to be made to the corporation in lieu of the general tax by the Central Government; or [* * *] [The words 'or the Crown Representative' were deleted by the India (Adaptation of Existing Indian Laws) Order, 1947.] the [State] [This word was substituted for the original by the Adaptation of Laws Order, 1950.] Government, as the case may be.
144A. [ Concession in payment of property tax. [Section 144A substituted Maharashtra 11 of 2009, Section 7, dated 13-4-2009 (w.e.f. 1-4-2010).]
- Notwithstanding anything contained in this Act, a concession in payment of property tax in respect of building and land, wherein any such socially or ecologically beneficial scheme, as may be identified for the purposes of this section by the Municipal Corporation or the State Government, is being implemented, may be given to such extent of so many per centum of the property tax payable in respect thereof as the Corporation may, determine.][Explanation. - For the purposes of this section, "ecologically beneficial scheme" includes rain water harvesting system, vermi composting, use of solar energy and other non-conventional sources of energy, recycling and re-use of waste water or any scheme for promoting environment friendly and ecologically beneficial building construction or the like as the Corporation or the State Government may identify.] [This Explanation was added by Maharashtra 27 of 2010, Section 4 (w.e.f. 26-8-2010).]144B. [ Temporary provisions for Levy of property tax at reduced rates in respect of certain buildings. [Section 144B was substituted by Maharashtra 11 of 2009, Section 8, dated 13-4-2009 (w.e.f. 1-4-2010).]
- Notwithstanding anything contained in section 140 or 140A or any other provisions of this Act, during the period of twenty years from the date of commencement of the Bombay Municipal Corporation and the Maharashtra Regional and Town Planning (Amendment) Act, 1995, or from the date of first occupation of the premises in a building used for residential purpose, whichever is later, the property tax on building shall be levied at such reduced rates as the State Government may, by notification in the. Official Gazette, from time to time, fix and different reduced rates may be fixed for different periods and for different classes of buildings constructed, whether before or after such commencement. Such buildings are as follows:-144C. [ Temporary provision for levy of property tax at reduced rate in respect of buildings or tenements constructed for economically weaker sections of society, by certain institutions. [Section 144C was inserted by Maharashtra 15 of 2005, Section 2, (w.e.f. 15.4.2005).]
- Notwithstanding anything contained in section 140 or any other provisions of this Act, during the period of twenty years from the date of commencement of the Mumbai Municipal Corporation (Amendment) Act, 2005, or from the date of first occupation of the premises, whichever is later, the property tax in respect of the residential tenements constructed for economically weaker sections of the society with carpet area not exceeding 350 square feet, constructed before or after such commencement, by the institutions, as may be notified by the State Government, which have been allotted the land by the State Government at nominal rates for the purpose of constructing such tenements, shall be levied at such reduced rates, as the State Government may, by notification in the Official Gazette, from time to time, fix and different rates may be fixed for different period and for different classes of buildings or tenements.]144D. [ Temporary provision for levy of property tax at reduced rates in respect of ceased buildings. [Section 144D was inserted by Maharashtra 45 of 2005, Section 2 (w.e.f. 25-8-2005).]
- Notwithstanding anything contained in section 140 or any other provisions of this Act, during the period of twenty years [from the 23rd November, 1995] or from the date of first occupation of the tenements hereinafter specified, whichever is later, the property tax in respect of the residential tenements having carpet area not exceeding 350 square feet, situated in a building, in the Island City of Mumbai, which, -144E. [ Levy of property tax at reduced rates in respect of buildings and lands of Special Development Projects. [Section 144E was inserted by Maharashtra 19 of 2006, Section 2.]
- Notwithstanding anything contained in section 140 or any other provisions of this Act, the property tax in respect of buildings and lands belonging to the Special Development Project shall be levied at such reduced rate, as the State Government may, by notification in the Official Gazette, from time to time, fix; and different rates may be fixed for different periods and for different Special Development Projects.Explanation. - For the purposes of this section, "Special Development Project", means, -144F. [ Additional stamp duty on certain transfers of immovable properties. [Inserted by Maharashtra Act No. 73 of 2018, dated 17.12.2018.]
145. Amendment of section 36, Bombay Act VI of 1879.
- For section 36 of the Bombay Port Trust Act, 1879, the following section shall be substituted, namely:-See Supra.Liability for Property Taxes146. Primary responsibility for property taxes on whom to rest.
147. Apportionment of responsibility for property tax when the premises assessed are let or sub-let.
148. Person primarily liable for property tax entitled to credit, if he is a rent payer.
- If any person who is primarily liable for the payment of any property tax himself pays rent to another person other than [the [Government] [The words the Crown' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] ] or the corporation in respect of the premises upon which such tax is assessed, he shall be entitled to credit in account with such other person for such sum as would be leviable on account of the said tax if the amount of the rent payable by him where the rateable value [or the amount of property tax levied on the basis of capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 11, dated 13-4-2009 (w.e.f. 1-4-2010).] of the said premises.Notice of transfer, etc., of premises assessable to Property Taxes149. Notice to be given to the Commissioner of all transfers of title of persons primarily liable to payment of property tax
150. Form of notice.
151. Liability payment property taxes to continue in the absence of any notice of transfer.
152. Notice to be given to the Commissioner of the erection of a new building etc
152A. [ Levy of penalty on unlawful building. [Section 152A was inserted by Maharashtra 11 of 2009, Section 14, dated 13-4-2009 (w.e.f. 1-4-2010).]
153. Notice to be given to the Commissioner of demolition or removal of a building.
154. Rateable value [or capital value] [These words were inserted by Maharashtra 11 of 2009, Section 15(1), dated 13-4-2009 (w.e.f. 1-4-2010).] how to be determined.
154A. [ Provisional fixation of capital value in certain cases. [Section 154A was substituted by Maharashtra 11 of 2011, Section 4 (w.e.f. 10-3-2011).]
- Notwithstanding anything contained in section 154, the rateable value of any building or land or part thereof, for the official year 2009-2010, shall be the provisional capital value of such buildings or lands in respect of the [official years 2010-2011, 2011-2012 and 2012-2013], and such provisional capital value shall be deemed to be the capital value validly and legally fixed under the provisions of this Act, pending fixing the capital value thereof; and it shall be lawful for the Commissioner to treat it as such for the purposes of assessment book kept under the provisions of this Act, and the bill for property taxes issued under sub-section (2) of section 140A shall be deemed to have been validly and legally issued under the provisions of this Act.][Provided that, in respect of the buildings and lands which are liable to be assessed for the first time on or after the 1st April 2010, the capital value of such buildings and lands shall, until the final capital value is determined under this section, be provisionally equal to the amount of rateable value worked out on the basis of the prescribed letting rates by the corporation in respect of the official year 2009-2010.] [These proviso was inserted by the Maharashtra 6 of 2012, Section 8(ii) (w.e.f. 12-3-2012).]155. Commissioner may call for information or returns from owner or occupier or enter and inspect assessable premises.
156. Assessment book what to contain.
- [The Commissioner shall keep a book, in such form and manner as he may, with the approval of the Standing Committee, [determine] [This portion was substituted by Maharashtra 11 of 2009, Section 17(1), dated 13-4-2009 (w.e.f. 1-4-2010).], and such book shall be called "the assessment book" in which shall be entered every official year]-157. The assessment book to be made separately for each ward and in parts, if necessary.
158. Treatment of property which is let to two or more persons in separate occupancies.
159. Person primarily liable for property taxes how to be designated, if his name cannot be ascertained.
160. Public notice to be given when valuation of property in any ward has been completed.
161. Assessment book to be open to inspection.
162. Time for filing complaints against valuations to be publicly announced.
163. Time and manner of filing complaints against valuation.
164. Notice to complainants of day fixed for investigating their complaints.
- The Commissioner shall cause all complaints so received to be registered in a book to be kept for this purpose and shall give notice, in writing, to each complainant, of the day, time and place when and whereat his complaint will be investigated.165. Hearing of complaint.
166. Authentication of ward assessment book when all complaints have been disposed of.
167. Assessment book may be amended by the Commissioner during the official year.
168. New assessment book need not be prepared every official year.
169. Rules for water taxes and charges.
170. Rules for sewerage taxes and charges.
171. [* * *] [Section 171 was deleted by Maharashtra 10 of 1998, Section 95.]
172. [ Rules for water taxes and charges and sewerage taxes and charges and amendment thereof. [Section 172 was substituted by Mall. 11 of 2011, Section 5 (w.e.f. 10-3-2011).]
173. Water tax [water charges] [These words were inserted by Bombay 62 of 1954, Section 4(2).] [sewerage tax or sewerage charges] [These words were substituted for the words 'or halalkhor tax' by Maharashtra 51 of 1975, Section 9(b).] paid by any person may be recovered by him from the occupier of the premises for which it is paid.
173A. [ Owner of premises entitled to recover water charges from occupiers of tenements. [Sections 173A and 173B were inserted by Bombay 62 of 1954, Section 5.]
173B. Water charges paid by owners but not recovered from occupiers not to operate to diminish annual rent for purposes of section 154.
- If the owner of any premises has paid to the Commissioner the sum of water charges in respect of water supplied to the premises and though entitled to recover from the person in actual occupation of the said premises a sum as determined under section 173A, omits or fails to recover the same wholly or in part for whatever reason the fact of the omission or failure to recover such sum shall not operate to diminish the amount of the annual rent of the said premises calculated for the purposes of section 154.]173BA. [ Section 173B not to have effect. [Section 173-BA was inserted by Maharashtra 11 of 2009, Section 27, dated 13-4-2009 (w.e.f. 1-4-2010).]
- On and from the date of adoption of capital value as the base, for levy of property taxes under section 140A, the provisions of section 173B shall cease to have effect.]173BB. [ Owner of premises entitled to recover sewerage charges from occupiers of tenements. [Section 173BB was inserted by Maharashtra 34 of 1973, Section 21.]
- If the premises in respect of which the sewerage charges in lieu of a sewerage tax are recovered from the owner of the premises or any person acting on his behalf, such owner shall be entitled to recover the sum of such charges pro rata from the occupiers of the tenements, in proportion to the amount of the rent for which each of such tenements is let:Provided that if-173C. [ Occupier of premises entitled to recover water taxes and charges from owner, when he is not bound to pay but pays them to Commissioner. [Section 173C was inserted by Maharashtra 51 of 1975, Section 10.]
- If, under the terms of the tenancy, the rent for any premises is inclusive of water taxes or water charges for supply of water by measurement and the person in actual occupation of the premises has, on behalf of the owner thereof, paid to the Commissioner any water taxes or water charges in respect of the premises, such person shall be entitled to recover from the owner the amount so paid and may deduct the amount from the rent which from time to time becomes due to the owner].Refund of property taxes for vacancies174. Refund of [the water tax and sewerage tax] [These words were substituted for the words 'water and halalkhore taxes' by Maharashtra 34 of 1973, Section 22(b).] when and to what extent obtainable.
-When any building or land or any portion of any premises which the Commissioner has treated under section 158 as a separate property, has been vacant for not less than thirty consecutive days, the Commissioner shall, subject to the provisions hereinafter contained, refund the amount of the water tax [and the sewerage tax] [These words were substituted for the words 'and halalkhore tax' by Maharashtra 34 of 1973, Section 22(a).], if any, paid for the number of days that such vacancy lasted.175. [* * *] [Sections 175 was deleted by Maharashtra 10 of 1998, Section 97.]
176. Refund not claimable unless notice of vacancy is given to the Commissioner.
177. Refund of water tax inadmissible unless application for stopping water supply has been made.
- No refund of water tax shall be claimable except from such time as a written application shall have been made to the Commissioner to stop the water supply to the vacant premises.178.
[* * *] [Sections was 178 was deleted by Maharashtra 10 of 1998, Section 97.]179. Applications for refund when and how to be made.
- It shall be in the discretion of the Commissioner to disallow any claim for refund of any property tax unless application therefor is made to him in writing within thirty days after the expiry of the half year to which the claim relates [accompanied by the original receipt or any valid proof of payment of the amount of the bill presented to the applicant under section 200] [These words were substituted for the words 'accompanied by the bill presented to the applicant under section 200' by Maharashtra 11 of 2009, Section 28, dated 13-4-2009 (w.e.f. 1-4-2010).] for the amount of the tax from which the refund is claimed.[* * *] [Heading 'Tax on Vehicles and Animals' was deleted by Maharashtra 11 of 2002, Section 11, (w.e.f. 1.4.1999).]180. Tax on what vehicles and animals to be levied.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].181. Exemptions from the tax.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].182. Persons responsible for the payment of the tax.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].183. Vehicles under repair, or standing at carriage-maker's exempt.
- [Repealed by Bombay 8 of 1942, Section 4, read with Bombay 8 of 1948, Section 3].184. Animals unfit for use, and not used, exempt.
- [Repealed by Bombay 8 of 1942, Section 4, read with Bombay 8 of 1948, Section 3].185. Livery-stable-keepers and others may be compounded with.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].186. Vehicle and animal tax book to be kept.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)]187. Returns may be called for from owners of premises and persons supposed to be liable to the tax.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].188. Notice to be given to Commissioner by a person who becomes owner or possessed of a vehicle or animal in respect of which liability arises, etc.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].189. Power to inspect stables and summon persons liable to the tax.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].190. Refund of tax on vehicles and animals when and to what extent obtainable.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].191. Refund not claimable unless notice is given to the Commissioner.
- [Deleted by Maharashtra 11 of 2002, Section 12, (w.e.f. 1.4.1999)].[Tax on Dogs] [This heading was substituted by Maharashtra 11 of 2002, Section 13, (w.e.f. 1.4.1999)]191A. [ Tax on dogs. [Section 191A was substituted for the original by Maharashtra 51 of 1975, Section 11.]
191BA. [ Control and other provisions as to dogs. [Section 191BA was inserted by Maharashtra 51 of 1975, Section 13.]
191BB. [ Exemption of dogs kept by certain Consular Officers. [Section 191BB was inserted by Bombay 48 of 1950, Section 65.]
- Nothing contained in sections 191A and 1918 shall apply to any dog kept by or in charge of such diplomatic and consular officers as the State Government may by general or special order specify in this behalf.]191C. [ Protection of persons acting in good faith. [Sections 191C and 191D were inserted by Bombay 2 of 1943, Section 3, read with Bombay 8 of 1948, Section 2.]
- No suit, prosecution or other legal proceeding shall be instituted against any person in respect of any act done in good faith in pursuance of the provisions of [section 191B or section 191BA.]]191D. [ Certain sections not to apply. [Sections 191C and 191D were inserted by Bombay 2 of 1943, Section 3, read with Bombay 8 of 1948, Section 2.]
- Nothing contained in [* * *] the second sentence of sub-section (2) of section 200 shall apply in respect of the tax leviable under section 191A.][Theatre Tax] [This heading and sections 191E to 191K were Inserted by Maharashtra 48 of 1959, Section 66.]Tax on cinemas, theatres, circuses, carnivals and other performances or shows191E. Theatre tax.
191F. Liability to pay theatre tax.
- Every proprietor, manager or person in charge of the entertainment shall be liable to pay the theatre tax, and shall pay the same in advance before the commencement of each show or if there are no separate shows before any person is admitted to the entertainment on any day:Provided that the Commissioner may, subject to such terms and conditions as he may impose, [* * *] [These words 'with the sanction to the Member-in-charge' were deleted by Maharashtra 27 of 1999, Section 83, (w.e.f. 23-4-1999).] allow a lump sum payment of the tax to be made in respect of a series of such shows or a period of one week or one month.191G. Register of persons liable to pay theatre tax.
- The Commissioner shall maintain a register, in which shall be entered from time to time,-191H. Returns by persons liable to pay theatre tax.
- It shall be the duty of every proprietor, manager or person in charge of the entertainment to submit to the Commissioner, such returns signed by him, at such intervals in such form and containing such information for the purpose of levy of the theatre tax shall be prescribed by rules made under section 191K.191I. Power of inspection.
- The Commissioner may enter upon and inspect any premises or place which he has reason to believe are being used or are about to be used for any performance or show, in respect of which the theatre tax is payable or would be payable.191J. Notice of demand.
191K. Rules governing theatre tax.
- [The Commissioner may, with the previous approval of the Standing Committee] [These words were substituted for the words 'The Corporation may' by Maharashtra 27 of 1999, Section 84, (w.e.f, 23-4-1999).], make rules for securing the payment of the theatre tax and generally for carrying into effect the provisions of this Act relating to the said tax and in particular for the following matter, namely:-| 192. Octroi on what articles and at what rates leviable.- (1) Except as hereinafter provided, a tax, at rates not exceeding those respectively specified in Schedule H, shall be levied in respect of the several articles mentioned in the said Schedule, or so many of them or such of them as the Corporation shall from year to year in accordance with section 128 determine, on the entry of the said articles into[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996. (w.e.f. 4.9.1996).]for consumption, use or sale therein. The said tax shall be called an octroi.(2) On the first levy of the tax, if the tax cannot by following the provisions of section 128 and the other relevant provisions of this Act be brought into force in the 1st day of April of any year then in that case, notwithstanding anything in section 128 the Corporation may in a special meeting called for the purpose (at any time after the passing of the Bombay Municipal Corporation (Second Amendment) Act, 1964, and even although that Act has not been brought into force) decide upon the articles to be so taxed, and upon the rates at which they are to be taxed, and the date from which the tax is to be levied (which shall be a date not earlier than the date on which that Act is brought into force); and thereupon, the tax shall be levied on the articles, at the rates, from the date so determined, and all the relevant provisions of this Act shall as far as may be apply to the tax as if the procedure prescribed by section 128 and the other provisions of this Act had been followed.(3) In determining the articles to be taxed, the Corporation may select all or any one or more, of the articles specified in any entry in the[Schedule H] [These words were substituted for the word the said Schedule' by Maharashtra 12 of 1993, Section 5(a).], and in determining the rates at which articles are to be taxed, the Corporation may fix different rates for different articles comprised in the same entry.(4) On a request being made by the Corporation, the State Government may, by notification in theOfficial Gazette, from time to time[add to, amend or delete any item specified in Schedule H, or vary the rates specified therein] [These words were substituted for the portion beginning with the words 'vary the rates' and ending with the words 'whichever Is less' by Maharashtra 10 of 1998, Section 102(a).]and thereupon, the Schedule shall be deemed to have been amended accordingly.](5)[Notwithstanding anything contained in this section or any other provisions of this Act, the octroi on the entry of articles mentioned in Schedule H, into Brihan Mumbai, for the consumption and use of the Special Development Project declared under Section 144E, shall be levied at such reduced rate, as the Sate Government may, by notification in theOfficial Gazette, from time to time, fix; and different rates may be fixed for different periods and for different Special Development Projects.] [Sub-section (5) was inserted by Maharashtra 19 of 2006, Section 3.](6) [ Notwithstanding anything contained in this section, no octroi shall be payable on the articles specified in Schedule H-1 on the entry of the said articles into[Brihan Mumbai] [This sub-section was added by Maharashtra 12 of 1993, Section 5(c).]for consumption, use or sale therein.][The State Government may, by notification in theOfficial Gazette, add to, amend or delete any item specified in Schedule H-1.] [This portion was added by Maharashtra 10 of 1998, Section 102(b).]]193. Table of rates of[Octroi] [This word was substituted for the words 'the town duties' by Maharashtra 32 of 1964, Section 8(a).]to be affixed on certain places.- The Commissioner shall cause tables of[Octroi] [This word was substituted for the words 'the town duties' by Maharashtra 32 of 1964, Section 8(a).]for the time being leviable, specifying the rates at which and the articles on which the same[is leviable] [These words were substituted for the words 'are leviable' by Maharashtra 32 of 1964, Section 8(b).]to be printed in the English, Gujarati, Marathi and Urdu languages and to be affixed in conspicuous position at every place at which[the octroi is levied.] [These words were substituted for the words 'the same duties are levied' by Maharashtra 32 of 1964, Section 8(c).]194. Exemption of articles belonging to the[Government] [This word was substituted for the word Crown by the Adaptation of Laws Order, 1950.]from[Octroi] [This word was substituted for the words 'town duty' by Maharashtra 32 of 1964, Section 9(a).].- (1) No[Octroi] [This word was substituted for the words 'town duty' by Maharashtra 32 of 1964, Section 9(a).]shall be leviable on any article which at the time of its importation is certified by an officer empowered[by the government concerned] [The words 'by the Government concerned' were substituted for the words 'by Government' by the Adaptation of Indian Laws Order in Council.]in this behalf to be the property[of the[Government] [The words 'of the Crown' were substituted for the words 'of Government' by the Adaptation of Indian Laws Order in Council.]].Refund of[Octroi] [This word was substituted for the words 'town duty' by Maharashtra 32 of 1964, Section 9(a).]on articles which become the property of the[Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]after importation.(2) If any article on which[Octroi] [This word was substituted for the words 'town duty' by Maharashtra 32 of 1964, Section 9(a).]is paid is imported under a written declaration signed by the importer that such article is being imported for the purpose of fulfilling a specified contract with[the[State] [The words the Provincial Government were substituted for the word Government by the Adaptation of Indian Laws Order in Council.]Government] or otherwise for the use of[the[Government] [The words the Crown were substituted for the word Government by the Adaptation of Indian Laws Order in Council.]], the full amount of[the tax paid] [These words were substituted for the words the duty paid by Maharashtra 32 of 1964, Section 9(b).]thereon shall be refunded on production, at any time within six months after importation, of a certificate signed by an officer empowered by[the Government concerned] [The words the Government concerned were substituted for the word Government by the Adaptation of Indian Laws Order in Council.]in this behalf certifying that the article so imported has become the property of[the[Government] [The words the Provincial Government were substituted for the word Government by the Adaptation of Indian Laws Order in Council.]].[194-1A. Exemption of articles belonging to certain Consular Officer from[octroi] [Section 194-1A was inserted by Bombay 48 of 1950, Section 67.].- Any articles imported by or on behalf of such diplomatic or consular officers stationed at[Mumbai] [These words were substituted for the word Bombay by Maharashtra 25 of 1996. (w.e. f. 4.9.1996).]as may be specified in this behalf by the State Government by any special or general order shall be exempted from the levy of[octroi] [This word was substituted for the words town duty by Maharashtra 32 of 1964, Sections 10 and 11.]to such extent and subject to such conditions as may be specified in the said order.]194A. [ Exemption of articles imported for immediate exportation. [This section was inserted by Bombay 2 of 1911, Section 8.]- Subject to such rules, not inconsistent with this Act, as[the Commissioner with the approval of the Standing Committee], shall from time to time frame in this behalf, any article imported into[Brihan Mumbai] [These words were substituted for the words Greater Bombay by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).][for the purpose of immediate exportation shall] [This portion was substituted for the portion beginning with 'for the purpose' and ending with 'the importer' by Maharashtra 32 of 1964, Section 11 (a) and (b).]be exempted from the levy of[octroi] [This word was substituted for the words town duty by Maharashtra 32 of 1964, Sections 10 and 11.], if such article is conveyed direct from the place of import to the place of export under such supervision and on payment of such fees therefor as shall be determined in the said rules: provided that no rule framed as aforesaid shall have effect unless and until it is confirmed by[the[State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.]Government]]195. Refund of[octroi] [This word was substituted for the words 'town duty' by Maharashtra 32 of 1964, Section 12(a), (b) and (d).]on export- (1) When any article upon which[octroi] [This word was substituted for the words 'town duty' by Maharashtra 32 of 1964, Section 12(a), (b) and (d).]has been paid shall be exported from[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).][such amount of[tax] [This portion was substituted for the words 'the full amount of the duty so paid shall, subject to the provisions thereinafter contained, be refunded' by Bombay 64 of 1953.]levied as is specified in sub-section (1A) shall, subject to the provisions contained in sub-sections (2) and (3), be refunded].(1A) [ The amount of[tax] [This sub-section was inserted by Bombay 64 of 1953, Section 4(2).]to be refunded under sub-section (1) shall be[90 per centum] [These figures and words were substituted for the figures and words 9-3/4 per centum by Maharashtra 10 of 1998, Section 104(a)(i).]of[octroi] [This word was substituted for the word town-duty by Maharashtra 32 of 1964, Section 12(a), (b) and (d).]levied upon the articles. The balance of[10 per centum] [These figures and words were substituted for the figures and words 6-1/4 per centum by Maharashtra 10 of 1998, Section 104(a)(i).]shall be credited to the municipal fund as a fee for collection and refund.](2) Such refund shall be paid under such rules as[the Commissioner may, with the approval of the Standing Committee] [These words were substituted for the words 'the Corporation' by Maharashtra 27 of 1999, Section 86, (w.e.f. 23-4-1999).], shall from time to time frame in this behalf:(3) Provided that-(a) [ any article imported into[Brihan Mumbai] [This clause was substituted by Maharashtra 32 of 1964, Section 12(c)(i).]and not exported within six months of such entry of the article shall, unless the contrary is proved, be deemed to have been imported for consumption, use or sale in[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).];](b) a refund shall be claimable on all flour exported from[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], without proof of the importation of the same into[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], equal to[70-5/16] [These figures were substituted for the words 'seventy-five' by Maharashtra 64 of 1953, Section 4(3).]per centum of the amount of[tax] [This word was substituted for the word 'duty' by Maharashtra 32 of 1964, Section 12(a), (b) and (d).]at the time being leviable on the grain from which such flour has been prepared;(c) no refund shall be paid unless the same is applied for within one month from the date of exportation[or within such longer period as the Commissioner may in any special case or class of cases allow] [This portion was inserted by Bombay 48 of 1950, Section 68.];(d) no refund shall be made of any less amount than[ten rupees] [These words were substituted for the words 'five rupees' by Bombay 64 of 1953, Section 4(3).];(e) no rule framed by[the Commissioner] [These words were substituted for the words 'the corporation' by Maharashtra 27 of 1999, Section 86(b), (w.e.f. 23-4-1999).]under this section shall have effect unless and until it is confirmed by[the[State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.]Government].[195-1A. Exemption of gifts, etc., from octroi. [Sections 195-1A and 195-1B were inserted by Maharashtra 32 of 1964, Section 13.]- Subject to such rules as[the Commissioner with the approval of the Standing Committee], may from, time to time frame in this behalf, the Commissioner may by general or special order exempt any articles-(i) which are received as a free gift to relieve distress;(ii) which are imported by any charitable institution for a charitable purpose;(iii) which are brought as personal luggage by any passenger and the value of which does riot exceed one hundred and fifty rupees, or the quantity of which does not exceed such limits as may be fixed by[the Commissioner, with the approval of the Standing Committee] [These words were substituted for the words 'the Member-in-charge with the sanction of the Mayor-in-Council' by Maharashtra 27 of 1999, Section 87(b), (w.e.f. 23-4-1999).];(iv) which are imported in such other circumstances, and subject to such conditions and restrictions, as the Corporation may specify.195-1B. General rules regarding octroi.-[The Commissioner shall, with the approval of the Standing Committee] [These words were substituted for the words 'The Corporation shah' by Maharashtra 27 of 1999, Section 88(a), (w.e.f. 23-4-1999).], frame rules as respects the levy, assessment and collection of octroi under this Act, and may by such rules provide for the following among other matters, that is to say :-(a) the examination of articles liable to payment of octroi;(b) the inspection, weighing or examining the contents of any conveyance or package for the purpose of ascertaining whether it contains any articles in respect of which octroi is payable;(c) the seizure and confiscation of articles liable to octroi in case of refusal to pay such tax;(d) measures to prevent evasion of tax;(e) any other matter which is to be or may be prescribed for the levy, assessment or collection of octroi.No rule framed by the[Commissioner] [This word was substituted for the word 'corporation' by Maharashtra 27 of 1999, Section 88(b), 23-4-1999).]under this section shall have effect, unless and until it is confirmed by the State Government.] |
195A. [Levy of town duty on raw cotton.]
- Repealed by Bombay II of 1934, Section 2.195B. [Payment of 4/7ths of gross revenue to Government: Allocation of duty.]
- Repealed by Bombay II of 1934, Section 2.195C. [ Accounts to be kept; exercise by corporation of option to take over arbitration. [Section 195C was inserted by Bombay 20 of 1920, Section 2.]
195D. [ Definitions of loan. [Section 195D was inserted by Bombay 20 of 1920, Section 2.]
- Loans raised and utilised for the purpose of repaying (whether directly or indirectly) loans raised and utilised [* * *] for the provision of such tenements as are referred to in sub-section [(1) of section 195C] [These words, figures, letter and brackets were substituted for the original by Bombay 2 of 1934, Section 4(2).] shall be deemed to be loans raised and utilised [* * *] [The words 'for such schemes of improvement or', for such schemes or and as the case may be were omitted by Bombay 2 of 1934, Section 4(1).] for the provision of such tenements [* * *] [The words for such schemes of improvement or, for such schemes or and as the case may be were omitted by Bombay 2 of 1934, Section 4(1).] ].[Education Cess] [This heading and sections 195E and 195F were inserted by Bombay 48 of 1950, Section 69.]195E. Levy of education cess.
- [(1) For the purposes of clause (q) of section 61, the Corporation may, [* * *] [This sub-section was substituted for tre original by Bombay 13 of 1958, Section 6(1).], levy within its area an additional tax on buildings and lands (hereinafter referred to as "the education cess"), of so many per centum, [not exceeding twelve] [These words substituted for the words 'not exceeding five' by Maharashtra 20 of 1995, (w.e.f. 31.8.1995).], or their rateable value, as the [or of so many per centum of their capital value, as the case may be, as the Corporation may determine:] [These words were substituted by Maharashtra 11 of 2009, Section 30(1), dated 13-4-2009 (w.e.f. 1-4-2010).]Provided that -(a)all buildings and lands vesting in the Central Government,(b)all other buildings and lands exempted from the general tax under section 143,(c)all buildings and lands of a rateable value [or the capital value, as the case may be,] [These words were inserted by Maharashtra 11 of 2009, Section 30(2), dated 13-4-2009 (w.e.f. 1-4-2010).] below such sum as the Corporation may determine,shall be exempted from the education cess.]195F. [ Payment to be made to Corporation in lieu of education cess by State Government. [Section 195F was inserted by Bombay 6 of 1959, Section 4.]
195G. Street tax.
196. Any tax imposable under this Act may be increased by way of imposing supplementary taxation.
- Whenever the corporation determine, under section 134, to have recourse to supplementary taxation in any official year, they shall do so by increasing, for the unexpired portion of the said year, the rates at which any tax imposable under this Act is being levied [***] [Deleted 'or by adding to the number of articles on which octroi is being levied' by Maharashtra Act No. 42 of 2017, dated 29.5.2017.] but every such increase or addition shall be made subject to the limitations and conditions on which any such tax is imposable.Collection of Taxes197. Property taxes payable half-yearly in advance.
- Each of the property taxes shall be payable in advance in half-yearly instalments on each first day of April and each first day of October [as specified in a bill served under section 200] [These words were added by Maharashtra 11 of 2009, Section 33, dated 13-4-2009 (w.e.f. 1-4-2010).].198. Tax on vehicles, animals and public conveyances payable in advance.
- [Deleted by Maharashtra 11 of 2002, Section 15, (w.e.f. 1.4.1999)].199. [ [Deleted by Maharashtra Act No. 42 of 2017, dated 29.5.2017.]
***.]| 199.[Octroi] [This word was substituted for the words Town duties by Maharashtra 32 of 1964, Section 15.]payable on demand.-[* * *] [Words repealed by Bombay 7 of 1921, Section 6 are omitted, and the repeal shall have effect from 1st April, 1920.][Octroi] [This word was substituted for the words 'Town duties' by Maharashtra 32 of 1964, Section 15.]shall be payable on demand. |
200. [Service] [This words was substituted for the word Presentation' by Bombay B of 1942, Section 7(2).] of bills for certain taxes.
200A. [ Rebate in respect of advance payment of tax. [Section 200A was inserted by Maharashtra Act 7 of 2009, Section 3 dated 13-4-2009.]
- Notwithstanding anything contained in this Act, the Corporation may, by general or special order give such rebate in the payment of property tax, as the Corporation may, from time to time decide, to any person, primarily liable for payment of the property tax, who pays such tax, before the date specified in the Bill for the purpose or; pays such tax for the entire year in advance, and different rates of rebate may be specified for different classes of user of the property.]201. When one bill may be [served] [This word was substituted for the word 'Presented' by Bombay 20 of 1952, Section 8.] for several claims.
202. [ Levy of penalty on unpaid amount of bill. [Section 202 was substituted by Maharashtra 11 of 2009, Section 35, dated 13-4-2009 (w.e.f. 1-4-2010).]
- The amount of first half-yearly tax as specified in the bill which has been served as aforesaid shall be paid within three months from the date of service of the bill and the second half-yearly tax as specified in the bill shall be paid before the 31st December of each year; and if a person liable to pay tax does not pay the same as required as aforesaid, then he shall be liable to pay by way of penalty in addition to the amount of such tax or part thereof which has remained unpaid, a sum equal to two per cent, of such tax for each 'month or part thereof after the last date by which he should have paid such tax and shall continue to be liable to pay such penalty until the full amount as per the bill is paid:Provided that, any property tax for which a bill is served under this Act before the date of commencement of the Mumbai Municipal Corporation (Third Amendment) Act, 2006 has remained unpaid in full or in part and no penalty thereon is levied under section 207A, a person who has not paid such tax shall be liable to pay penalty as provided under this section, on and from the date when the penalty could be levied but is not so levied.]203. [Distress and attachment.] [These words were substituted for the word 'Distress' by Bombay 64 of 1953 Section 6(3).]
- [(1)] [Section 203 was numbered sub-section (1) of Section 203 by Bombay 8 of 1918, Section 4.] If the person liable for the payment of [the tax for which a bill is served upon him and does not pay the tax together with penalty or interest or both as required under the provisions of this Act to pay the same] [This portion was substituted by Maharashtra 11 of 2009, Section 36(1)(a), dated 13-4-2009 (w.e.f. 1-4-2010).], and if no appeal is preferred against the said tax, as hereinafter provided, such sum, with all costs of the recovery, may be levied under a warrant in the form of Schedule 3, or to the like effect, to be issued by the Commissioner by distress and sale of the goods and chattels of the defaulter [or the attachment and sale of the immovable property of the defaulter] [These words were inserted by Bombay 64 of 1953, Section 6(1).], or, if the defaulter be the occupier of any premises in respect of which a property tax is due, by distress and sale of any goods and chattels found on the said premises [* * *] [The words 'or, if the tax be due in respect of any vehicle or animal, by distress and sale of such vehicle or animal in whomsoever's ownership, possession or control, the same may be' deleted by Maharashtra 11 of 2009, Section 36(1)(b), dated 13-4-2009 (w.e.f. 1-4-2010).].204. Goods of defaulter may be distrained wherever found.
- The goods and chattels of any person liable for the payment of any tax, [* * *] [The words 'or the vehicles in respect of which the tax is due' deleted by Maharashtra 11 of 2002, Section 18, (w.e.f 1.4.1999).] for levy of which a warrant has been issued as aforesaid, may be distrained wherever the same may be found.205. Inventory and notice of distress and sale.
- The officer charged with the execution of a warrant of distress issued under section 203 shall forthwith make an inventory of the goods and chattels [* * *] [The words 'and the vehicles or animals' deleted by Maharashtra 11 of 2002, Section 18, (w.e.f. 1.4.1999).] which he seizes under such warrant, and shall at the same time give a written notice, in the form of Schedule K [or in a similar form] [These words were inserted by Bombay 8 of 1942, Section 14.] to the person in possession thereof at the time of seizure, that the said goods and chattels [* * *] [The words 'and vehicles or animals' deleted by Maharashtra 11 of 2009, Section 37, dated 13-4-2009 (w.e.f. 1-4-2010).] will be sold as therein mentioned.206. [ Sale. [This section was substituted for the original by Bombay 64 of 1953, Section 7.]
207. [ Fees for warrants, distraints and attachment and maintenance of animals seized. [Section 207 was substituted for the original by Maharashtra 42 of 1976, Section 8.]
207A. [ Penalty. [Section 207A was deleted by Maharashtra 11 of 2009, Section 39, dated 13-4-2009 (w.e.f. 1-4-2010).]
- [* * *]]208. Fees for cost of recovery [and penalty may be remitted.] [These words were inserted by Bombay 64 of 1953, Section 10(2).]
- [The Commissioner may, his discretion] [These words were substituted by Maharashtra 27 of 1999, Section 92, (w.e.f. 23-4-1999).], remit the whole or any part of [of any penalty payable under section 202 or of any fee chargeable under section 207 or of any penalty payable under section 207A as it existed before the commencement of the Mumbai Municipal Corporation (Third Amendment) Act, 2006.] [This portion was substituted by Maharashtra 11 of 2009, Section 40, dated 13-4-2009 (w.e.f. 1-4-2010).]208A. Seizure of vehicles and animals if tax on vehicles and animals not paid and number plate not obtained.
- [Deleted by Maharashtra 11 of 2002, Section 20, (w.e.f. 1.4.1999)].209. When occupiers may be held liable for payment of property taxes.
209A. [ When tenant-members may be held liable for payment of property taxes due from co-operative housing societies. [Section 209A was inserted by Maharashtra 63 of 1975, Section 4.]
209B. [ When joint owners of property may be held liable severally for payment of property tax due from them. [Section 209B was inserted by Maharashtra 10 of 1998, Section 111.]
210. Summary proceedings may be taken against persons about to leave [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].
211. Defaulters may be sued for arrears, if necessary.
- Instead of proceeding against a defaulter by distress and sale as hereinbefore provided, or after a defaulter shall have been so proceeded against unsuccessfully or with only partial success, any sum due or the balance of any sum due, as the case may be, by such defaulter, on account of a property tax [* * *] [The words 'or of the tax on vehicles and animals' were deleted by Maharashtra 11 of 2002, Section 22, (w.e.f. 1.4.1999).], may be recovered from him by a suit in any court of competent jurisdiction.212. Property taxes to be a first charge on premises on which they are assessed.
- Property taxes due under this Act in respect of any building or land shall, subject to the prior payment of the land revenue, if any, due to [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] thereupon be a first charge [in the case of any building or land held] [These words were inserted by Bombay 1 of 1942, Section 2, read with Bombay 8 of 1948, Section 2.] immediately from the [Government] [This word was substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.] upon the interest in such building or land of the person liable for such taxes and upon the goods and chattels, if any, found within or upon such building or land and belonging to such person; and, in the case of any other building or land, upon the said building or land and upon the goods and chattels, if any, found within or upon such building or land and belonging to the person liable for such taxes.213. [ [Deleted by Maharashtra Act No. 42 of 2017, dated 29.5.2017.]
***.]| 213. [ Collection of octroi how to be effected. [Section 213 was substituted by Maharashtra 10 of 1998, Section 112.]- (1) The octroi[may be collected, under the orders of the Commissioner, by]the municipal officers and servants appointed in this behalf.(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for, the[Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 93(b), (w.e.f. 23-4-1999).], with the approval of the Corporation, to lease by public auction the collection of octroi for any period not exceeding one year at a time or to appoint an agent for collection thereof.(3) The octroi shall be collected and refunds thereof shall be made at such places and be managed and controlled in such manner as the[Commissioner with the approval of the Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 93(c), (w.e.f. 23-4-1999).]shall, from time to time, direct.] |
214.
[Repealed by Bombay VII of 1921.]215. [Powers of persons authorised to collect and refund town duties.]
- Deleted by Maharashtra 32 of 1964, Section 17.216. Writing off of irrecoverable taxes.
- The Commissioner may, with the approval of the standing committee, from time to time write off any sum due on account of any tax or of the costs of recovering any tax, which shall, in his opinion, be irrecoverable.216A. [ Power of Corporation to grant rebate for payment of arrears of tax. [Section 216A was inserted by Maharashtra Act 7 of 2009, Section 4, dated 13-4-2009.]
- Notwithstanding anything contained in section 216 or any other provisions of this Act, the Corporation may, grant such rebate, as may be approved by the State Government, to any person or class of persons, primarily liable for payment of property tax, who pays the amount of arrears of the property tax, as per the schedule of payment fixed by the Corporation.]216B. [ Special provision for facility for payment of property taxes. [Section 216B inserted by Maharashtra Act 11 of 2009, Section 45, dated 13-4-2009 (w.e.f. 1-4-2010).]
- Any person who is liable to pay amount of taxes or any other dues under this Act may avail himself of the facility of making payment thereof in any bank or to any agency specified by the Corporation in this behalf by giving a public notice in two leading newspapers circulating within the area of jurisdiction of the Corporation; and the person availing himself of such facility shall be liable to pay such fees in respect thereof to such bank or agency, as the case may be, as may be determined by the Commissioner.]216C. [ Power to assess in case of escape from assessment. [Section 216B was inserted by Maharashtra 11 of 2011, Section 6 (w.e.f. 10-3-2011) (Section 216B was already inserted by Maharashtra 11 of 2009 but having different subject matter).]
- Notwithstanding anything to the contrary contained in this Act or the rules made thereunder, if for any reason any person liable to pay any of the taxes or fees leviable under this Chapter has escaped assessment in any year, the Commissioner may, at any time within six years from the date on which such person should have been assessed, serve on such person a notice assessing him to the tax or fee due and demanding payment thereon within 15 days from the date of such service; and the provisions of this Act and the rules made thereunder shall, so far as may be, apply as if assessment was made in the year to which the tax or fee relates.]Appeals against Valuations and Taxes217. [ Appeals when and to whom to lie. [As to references by the Chief Judge of the Court of Small Causes to the High Court, before or on the hearing of an appeal under Section 217 (see Act 12 of 1888, Section 2).]
218. Cause of complaint when to be deemed to have accrued.
- For the purposes of the last preceding section, cause of complaint shall be deemed to have accrued as follows, namely:-218A. [ Arbitration. [Section 218A, 218B, 218C, 218D and 218E were inserted by Bombay 76 of 1948, Section 23.]
- Where in any appeal under section 217 all the parties interested agree that any matter in difference between them shall be referred to arbitration, they may, at any time before a decision is given in such appeal, apply in writing to the Chief Judge of the Small Cause Court for an order of reference on such matter and on such application being made, the provisions of [the Arbitration and Conciliation Act, 1996], relating to arbitration in suits shall, so far as they can be made applicable, apply to such application and the proceedings to follow thereon, as if the said Chief Judge were a Court within the meaning of that Act and the application were an application made in a suit.]218B. [ Appointment of expert valuer. [Section 218A, 218B, 218C, 218D and 218E were inserted by Bombay 76 of 1948, Section 23.]
218BA. [ Section 218B not to have effect. [Section 218BA was inserted by Maharashtra 11 of 2009, Section 48, dated 13-4-2009 (w.e.f. 1-4-2010).]
- On and from the date of adoption of capital value as the base, for levy of property taxes under section 140A, the provisions of section 218B shall cease to have effect.]218C. [ Reference to High Court. [Section 218A, 218B, 218C, 218D and 218E were inserted by Bombay 76 of 1948, Section 23.]
218D. [ Appeals. [Section 218A, 218B, 218C, 218D and 218E were inserted by Bombay 76 of 1948, Section 23.]
218E. [ Cost of proceedings in appeal. [Section 218A, 218B, 218C, 218D and 218E were inserted by Bombay 76 of 1948, Section 23.]
- The costs of all proceedings in appeal under section 217 before the Chief Judge of the Small Cause Court including those of arbitration under section 218A and of valuation under section 218E shall be payable by such parties in such proportion as the Chief Judge of the Small Cause Court shall direct and the amount thereof shall, if necessary, be recoverable as if the same were due under a decree of the Small Cause Court.]219. Unappealed values and taxes and decisions on appeal to be final.
219A. [ Assessment subject to valuation or revision by Municipal Property Tax Board. [Section 219A was inserted by Maharashtra 14 of 2012, Schedule entry 1 (w.e.f. 10-3-2011)]
219AB. [ Certain provisions to have overriding effect. [Section 219A was inserted by Maharashtra 27 of 2010, Section 9, (w.e.f. 26-8-2010) and renumbered as section 219AB by Maharashtra 6 of 2012, Section 10 (w.e.f. 12-3-2012).]
- The provisions of sections 128, 140A, 154A, 156 and 168, as amended by the Maharashtra Municipal Corporations and Municipal Councils (Third Amendment) Act, 2010, [, the Maharashtra Municipal Corporations and Municipal Councils (Amendment) Act, 2011 or the Mumbai Municipal Corporation and the Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act, 2012, as the case may be,] shall have effect notwithstanding anything inconsistent therewith contained in Chapter VIII or in any other provisions of this Act, or in any judgment decree or order of any Court.]Chapter IX
Drains And Drainage Works
Municipal Drains220. Municipal drains to be under the control of the Commissioner.
- All drains [vesting in or] [These words were inserted by Bombay 5 of 1905, Section 10.] belonging to the corporation - which in this Act are referred to as 'municipal drains' - shall be under the control of the Commissioner.220A. [ Vesting of water courses. [Section 220A, was added by Bombay 5 of 1905, Section 11.]
221. Drains to be constructed and kept in repair by the Commissioner.
- [(1) The Commissioner shall maintain and keep in repair all municipal drains and, when authorised by the corporation in this behalf, shall construct such new drains as shall from time to time be necessary for effectually draining [Brihan Mumbai] [Section 221 was renumbered as, sub-section (1) by Bombay 5 of 1905, Section 12(1).].]222. Powers for making drains.
223. Buildings, etc., not to be erected without permission over drains.
224. Alteration and discontinuance of drains.
225. Cleansing drains.
226. [ Powers of Commissioner to dig, construct and maintain tunnels below any land and to undertake related works for carrying sewage or storm water. [Sections 226 and 226A were inserted by Maharashtra 37 of 1981, Section 7.]
226A. Provision for payment of amount for any damage sustained by reason of powers to construct tunnels etc. under last preceding section.
227. Power to connect drains of private streets with municipal drains.
- The owner of a private street shall be entitled to connect the drain of such street with a municipal drain, subject to the following conditions, namely:-228. Power of owner and occupiers of premises to drain into municipal drains.
- The owner or occupier of any premises shall be entitled to cause his drain to empty into a municipal drain [or other place legally set apart for the discharge of drainage,] [These words were inserted by Bombay 5 of 1905, Section 14(1).] provided that he first obtains the written permission of the Commissioner and that he complies with such conditions as the Commissioner prescribes as to the mode in which and the superintendence under which [connection with municipal drains or other places aforesaid] [These words were substituted for the original words by Bombay 5 of 1905, Section 15.] are to be made.229. Connections with municipal drains into to be made except in conformity with section 227 or 228.
- No person shall, without complying with the provisions of section 227 or 228, as the case may be, make or cause to be made any connection of a drain belonging to himself or to some other person with any municipal drain [or other place legally set apart for the discharge of drainage] [These words were inserted by Bombay 5 of 1905, Section 14(1).]; and the Commissioner may, [* * *] [The words 'with the approval of the Standing Committee' were deleted by Maharashtra 21 of 1989, Section 30.] close, demolish, alter or re-make any such connection made in contravention of this section, and the expenses incurred by the Commissioner in so doing shall be paid by the owner of the street, or the owner or occupier of the premises, for the benefit of which the connection was made, or by the person offending.229A. [ Buildings, etc. not to be erected without permission over any drains. [This section was inserted by Bombay 8 of 1918, Section 5.]
230. Right of owners and occupiers of premises to carry drains through land belong to other persons.
230A. [ Owner of land to allow others to carry drains through the land. [This section was inserted by Bombay B of 1918, Section 6.]
- Every owner of land shall be bound to allow any person, in whose favour an order has been made under section 230, sub-section (1), to carry a drain into, through or under the land of such owner on such terms as may be prescribed in such order.]231. Commissioner may enforce drainage of undrained premises situate within a hundred feet of a municipal drain.
- Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place legally set apart for the discharge of drainage is situated at a distance not exceeding one hundred feet from some part of the said premises, the Commissioner may, by written notice, require the owner or occupier of the said premises -232. Commissioner may enforce drainage of undrained premises not situate within a hundred feet of a municipal drain.
232A. [ Power of Commissioner to drain premises in combination. [Section 232A was inserted by Bombay 5 of 1905, Section 19.]
233. Commissioner may close or limit the use of existing private drains.
233A. [ Vesting and maintenance of drains for sole use of properties. [Section 233A was inserted by Bombay 5 of 1905, Section 21.]
- Subject to the provisions of sub-section (2) of section 221, every drain which has been constructed, [laid], erected or set up, whether at the expense of the corporation or not, or which is continued, for the sole use and benefit of any premises [or group of premises] [These words were inserted by Bombay 7 of 1918, Section 7(b).] shall-234. New building not to be erected without drains.
235. Excrementitious matter not to be passed into cesspool
- No person shall, except with the permission of the Commissioner pass or cause or permit to be passed any excrementitious matter into any cesspool made or used under Section 232 or Section 234, or into any drain communicating with any such cesspool.236. Obligation of owners of drains to allow use thereof or joint ownership therein to others.
- Every owner of a drain connected with a municipal drain [or other place legally set apart for the discharge of drainage] [These words were inserted by Bombay 5 of 1905, Section 14(1).] shall be bound to allow the use of it to others, or to admit other persons as joint owners thereof, on such terms as may be prescribed under section 228.237. 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 permitting his use of the drain, or may apply to the commissioner for authority to use such drain or to be declared joint owner thereof.238. Commissioner may authorise person other than the owner of a drain to use the same or declare him to be a joint owner thereof.
239. Sewage and rain water drains to be distinct.
- Whenever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent to the Commissioner to require that there shall be one drain for sullage, excrementitious matter and polluted water and another and an entirely distinct drain for rain water and unpolluted sub-soil water or for both rain water and unpolluted sub-soil water each emptying into separate municipal drains [or other places legally set apart, for the discharge of drainage] [These words were inserted by Bombay 5 of 1905, Section 14(1).] or other suitable places.240. Drains not to pass beneath buildings.
- Except with the written permission of the Commissioner, and in conformity with such conditions as shall be prescribed by [the Standing Committee] [These words were substituted for the words 'the Member-in-Charge' by Maharashtra 27 of 1999, Section 102, (w.e.f. 23-4-1999).], either generally or specially, in this behalf, no drain shall be so constructed as to pass beneath any part of a building.241. [ Position of cesspools. [Section 241 was substituted for the original section by Bombay 5 of 1905, Section 24.]
- No person shall construct a cesspool-242. Right of corporation to drains, etc., constructed, etc. at charge of municipal fund on premises not belonging to the corporation.
- All drains, ventilation shafts and pipes and all appliances and fittings connected with drainage works constructed, erected or set up at the charge of the municipal fund upon premises not belonging to the corporation, whether before or after the passing of this Act, and [otherwise than for the sole use and benefit of the said premises] [These words were substituted for the original words by Bombay 5 of 1905, Section 25.], shall, unless the corporation has otherwise determined or shall at any time otherwise determine, vest, and be deemed to have always vested, in the corporation.243. All drains and cesspools to be properly covered and ventilated.
244. Affixing of pipes for ventilation of drains, etc.
245. Appointment of places for emptying of drains and disposal of sewage.
- The Commissioner may cause all or any municipal drains to empty into the sea or other place, whether within or without [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], and dispose of the sewage at any place, whether within or without [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], and in any manner; which he shall deem suitable for such purpose:Provided that -246. Provision of means for disposal of sewage.
246A. [ Construction of water-closets and privies. [Sections 246A, 247 and 248 were substituted for sections 247 and 248 by Bombay 5 of 1905, Section 28.]
247. [ Water-closets and other accommodation in buildings newly erected or re-erected. [Sections 246A, 247 and 248 were substituted for sections 247 and 248 by Bombay 5 of 1905, Section 28.]
248. Where there is no such accommodation or the accommodation is insufficient or objectionable.
249. Power to require privy accommodation to be provided for factories, etc.
- Where it appears to the Commissioner that any premises are, or are intended to be, used as a market, railway station, dock, wharf or other place of public resort, or as a place in which persons exceeding twenty in number are employed in any manufacture, trade or business or as workmen or labourers, the Commissioner may, by written notice, require the owner or occupier of the said premises to construct a sufficient number of water-closets or latrines or privies and urinals for the separate use of each sex.249A. [ Power of Commissioner as to unhealthy privies. [Section 249A was inserted by Bombay 5 of 1905, Section 29.]
- Where the Commissioner is of opinion that any privy is likely, by reason of its not being sufficiently detached from any buildings to cause injury to the health of any person occupying such building, the Commissioner, [* * *] may, by written notice, require the owner or occupier of the premises in or on which such privy is situate either -250. Provisions as to privies.
251. Provisions as to water-closets.
- The owner or occupier of any premises on which there is a water-closet shall -251A. [ Position of privies and water-closets. [Section 251A was inserted by Bombay 5 of 1905, Section 30.]
- No person shall build a privy or water-closet in such a position, or manner as -251B. [ Use of places for bathing or washing clothes or domestic utensils. [Section 251B was inserted by Bombay 5 of 1905, Section 31.]
- No person shall use or permit to be used as a bathing place, or as a place for washing clothes or domestic utensils, any part of any premises which has not been provided with all such appliances and fittings as shall, in the opinion of the Commissioner, be necessary for collecting the drainage thereof and conveying the same therefrom.]252. Public necessaries.
- The Commissioner shall provide and maintain in proper and convenient situations and on sites vesting in the corporation, water-closets, latrines, privies and urinals and other similar conveniences for public accommodation.252A. [ Obligation of corporation to partake common facility. [Section 252A was inserted by Maharashtra 28 of 2012, Section 2, (w.e.f. 20.12.2012).]
- If, a common facility is created by the State Government or by any agency of the State Government, under instructions from the State Government, for processing or disposal of solid waste or treatment or recycling sewage and waste water or bulk supply or treatment of water for drinking purpose, it shall be mandatory for the corporation, if so directed by the State Government, to partake of that facility in accordance with such terms and conditions as may be specified by the State Government, by an order in the Official Gazette:Provided that, the State Government shall, before issuing any direction under this section, give an opportunity to the corporation to make within fifteen days a representation, if any, in this regard. If the corporation fails to represent within fifteen days or, after having represented, the State Government, on considering the representation, is of the opinion that issuing such direction is necessary, the State Government may issue the same.]Inspection253. Drains, etc., not belonging to the corporation to be subject to inspection and examination.
- All drains, ventilation shafts and pipes, cesspools, house gullies, waters-closets, privies, latrines and urinals [and bathing and washing places] [These words were inserted by Bombay 5 of 1905, Section 32(1).] which do not belong to the corporation, or which have been constructed, erected or set up at the charge of the municipal fund on premises not belonging to the corporation, for the use or benefit of the owner or occupier of the said premises, shall be open to inspection and examination by the Commissioner.254. Power to open ground etc., for purposes of such inspection and examination.
- For the purpose of such inspection and examination, the Commissioner may cause the ground or any portion of any drain or other work exterior to a building or, with the approval of [the Standing Committee] [These words were substituted for the words 'the Member-in-Charge' by Maharashtra 27 of 1999, Section 103, (w.e.f. 23-4-1999).], any portion of a building, which he shall think fit, to be opened, broken up or removed:Provided that in the prosecution of any such inspection and examination as little damage as can be shall be done.255. When the expenses of inspection and examination are to be paid by the Commissioner.
- If upon any such inspection and examination as aforesaid it shall be, found that the drain, ventilation shaft or pipe, cesspool, house gully, water-closet, privy, latrine or urinal [or bathing or washing place] [These words were inserted by Bombay 5 of 1905, Section 32(1).] examined is in proper order and condition, and that none of the provisions of this Chapter has been contravened in respect of the construction or maintenance thereof, and that no encroachment has been made thereupon, the ground or portion of any building, drain or other work, if any opened, broken up or removed for the purpose of such inspection and examination shall be filled in, reinstated and made good by the Commissioner.256. When the expenses of inspection and examination are to be paid by the owner.
- But if it shall be found that any drain, ventilation shaft or pipe, cesspool, house gully, water-closet, privy, latrine or urinal [or bathing or washing place] [These words were inserted by Bombay 5 of 1905, Section 32(2).] so examined is not in good order or condition, or has been repaired, changed, altered or encroached upon, or, except when the same has been constructed by or under the order of the Commissioner, if it has been constructed in contravention of any of the provisions of this chapter or of any enactment at the time in force, the expenses of the inspection and examination shall be paid by the owner of the premises, and the said owner shall fill in, reinstate and make good the ground, or portion of any building, drain or other work opened, broken up or removed for the purpose of such inspection and examination, at his own cost.257. [ Commissioner may require repairs, etc., to be made. [Section 257 was substituted for the original section by Bombay 5 of 1905, Section 33.]
257A. [ Cost of inspection and execution of works in certain cases. [Section 257A was inserted by Bombay 5 of 1905, Section 34.]
- In the case of any drain which has been constructed, erected or fixed or which is continued, for the exclusive use and benefit of two or more premises and which is not-258. Prohibition of acts contravening the provisions of this Chapter or done without sanction.
- [(1)] [Section 258 was renumbered as sub-section (1) of that section by Maharashtra 21 of 1989, Section 36.] No person shall-(a)in contravention of any of the provisions of this Chapter or of any notice issued or direction given under this Chapter, or without the written permission of the Commissioner, in any way alter the fixing, disposition or position of, or construct, erect, set up, renew, rebuild, remove, obstruct, stop up, destroy or change, any drain, ventilation shaft or pipe, cesspool, water-closet, privy, latrine or urinal [or bathing or washing place] [These words were inserted by Bombay 5 of 1905, Section 32(2).] or any trap, covering or other fitting or appliance connected therewith;(b)without the written permission of the Commissioner; renew, rebuild or unstop any drain, ventilation shaft or pipe, cesspool, water-closet, privy, latrine or urinal [or bathing or washing place] [These words were inserted by Bombay 5 of 1905, Section 32(2).], or any fitting or appliance, which has been, or has been ordered to be, discontinued demolished or stopped up under any of the provisions of this Chapter;(c)without the written permission of the Commissioner, make any [projection over or] [These words were inserted by Bombay 8 of 1918, Section 9(a).] encroachment upon, or in any way injure or cause or permit to be injured, any drain, cesspool, house gully, water-closet, privy, latrine or urinal [or bathing or washing place] [These words were inserted by Bombay 5 of 1905, Section 32(2).]:[Provided that nothing in this clause shall apply to any weather-shade in width not exceeding two feet over any window which does not front a wall or window of an adjoining house;] [This proviso was added by Bombay 8 of 1918, Section 9(d).](d)drop, pass or place, or cause or permit to be dropped, passed or placed, into or in any drain, any brick, stone, earth, ashes or any substance or matter by which or by reason of the amount of which such drain is likely to be obstructed;(e)pass, or permit or cause to be passed, into any drain provided for a particular purpose, any matter or liquid for the conveyance of which such drain has not been provided;(f)cause or suffer to be discharged into any drain from any factory, bake house distillery, workshop or workplace or from any building or place in which steam, water or mechanical power is employed, any hot water, steam fumes or any liquid which would prejudicially affect the drain or the disposal by sale or other wise of the sewage conveyed along the drain, or which would, from its temperature or otherwise, be likely to create a nuisance.259. When materials and work may be supplied and done under this Chapter for any person by the Commissioner.
259A. [ Work to be done by licensed plumber permission to use as drains. [Section 259A was inserted by Bombay 5 of 1905, Section 36.]
260. Commissioner may execute certain works under this Chapter without allowing option to persons concerned of executing the same.
Chapter X
Water Supply
Construction and Maintenance of Municipal Water Works260A. [ Definitions. [This section was inserted by Bombay 5 of 1938, Section 21.]
- In this chapter, unless there is anything repugnant in the subject or context-261. General powers for supplying the city with water.
- For the purpose of providing [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] with a supply of water proper and sufficient for public and private purposes, the Commissioner, when authorized by the corporation in this behalf, may-262. Municipal water works to be managed and kept in repair by the Commissioner.
- The Commissioner shall manage all water works belonging to the Corporation - all which water works are in this Act referred to as "municipal water work" - and maintain the same in good repair and efficient condition, and shall cause all such alterations and extensions to be from time to time made in the said water works as shall be necessary or expedient for improving the said works.263. Power of access to municipal water works.
264. Inspection of municipal water works by persons appointed by [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government.
- Any person appointed by [the [State] [The words 'the Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government] in this behalf shall at all reasonable times have liberty to enter upon and inspect any municipal water work.265. [ Powers of carrying water mains and constructing tunnels, etc. [Section 265 was substituted for the original section by Maharashtra 37 of 1981, Section 10.]
- The Commissioner shall have the same powers and be subject to the same restrictions for carrying, renewing and repairing water mains, pipes and ducts, and for construction and maintenance of tunnels below any and or undertaking other related works, within or without [Brihan Mumbai], as he has and is subject to under the provisions hereinbefore contained in Chapter IX for carrying, constructing, maintaining, renewing and repairing drains and drainage works, including tunnels below any land and other related works, within [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]:Provided that, the powers under this section in respect of digging, carrying constructing, maintaining and repairing of tunnel or any other related works, shall be exercised by the Commissioner, with the previous approval of the State Government].266. Fire-hydrants to be provided.
- The Commissioner shall cause fire-hydrants and all necessary works, machinery and assistance for supplying water in case of fire to be provided and maintained; and shall have painted or marked on the buildings and walls or in some other conspicuous manner, within the streets, words or marks near to such hydrants to denote the situation thereof, and shall cause a hydrant-key to be deposited at each place within [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] where a municipal fire-engine is kept, and do such other things for the purpose aforesaid as he shall deem expedient.267. Prohibition of building and other acts which would injure sources of water supply.
268. Buildings, etc., not to be erected over municipal water main without permission.
269. Vesting of public drinking fountains, etc., in the corporation.
270. Public drinking fountains, etc., may be set apart for particular purposes.
270A. [ Premises not to be occupied without Commissioner's certificate in respect of adequate water supply. [Section 270A was inserted by Bombay 64 of 1953, Section 11.]
- No person shall occupy or permit to be occupied, or use or permit to be used, any premises or part thereof constructed or reconstructed after the date of the coming into force of the Bombay Municipal Corporation (Amendment) Act, 1953, until he has obtained a certificate from the Commissioner to the effect that there is provided within, or within a reasonable distance of, the premises a supply of pure water to the persons intending to occupy or use such premises or, where the premises are situated within any portion of [Brihan Mumbai] in which a public notice has been given by the Commissioner under section 141, until he has obtained a certificate from the Commissioner to the effect that a supply of pure water has been provided for the premises from a municipal water work.]271. Application for private water supply from whom to be received.
272. [ Making and renewing connection with municipal water works. [Sections 272, 273 and 273A were substituted for Sections 272 and 273 by Bombay 5 of 1905, Section 38.]
273. [ Commissioner may take charge of private connections. [This section was substituted for the original by Bombay 5 of 1938, Section 25.]
- The Commissioner may, by agreement with a consumer, take charge on behalf of the corporation of all or any of the consumer's pipes and fittings:Provided that if any such pipes or fittings are communication pipes or fittings only not vesting in the Corporation, the Commissioner may, if he thinks fit, take charge of the same without such agreement.Any consumer's pipes and fittings, of which the Commissioner takes charge under this section, shall thereafter vest in, and be maintained at the expense of, the Corporation as a municipal water work.]273A. [ Power of Commissioner to alter position of connections. [This section was substituted for the original by Bombay 5 of 1938, Section 26.]
- The Commissioner may, if at any time he deems it expedient to alter the position of an existing connection with any municipal water work, or of any consumer's pipe or fitting thereof, and after giving to the owner of such connection, pipe or fitting not less than four days previous notice of his intention so to do, cause the said connetion, pipe or fitting to be moved to such other position as he thinks fit and relaid and applied, or others to be laid and applied in lieu thereof, in such position as he may direct; and in every such case all such work shall be carried out at the expense of the municipal fund and such new connection, pipe or fitting shall thereafter vest in the Corporation and be maintained at the charge of the municipal fund as a municipal water work.]274. Provisions as to cisterns and other fittings, etc., to be used for connections with water works.
- [(1) The Commissioner may, whenever it shall appear to him to be necessary, by written notice require the owner of any premises furnished with a private water supply from any municipal water work to provide such premises within a reasonable period which shall be prescribed in the said notice, with cisterns and fittings of such size, material, quality and description and placed in such position and with such safe and easy means of access as he thinks fit.] [This sub-section was substituted for the original by Bombay 5 of 1938, Section 27(a).]274A. [ Provisions for keeping cisterns locked. [This section was inserted by Bombay 5 of 1938, Section 28.]
275. Communication pipes, etc., to be kept in efficient repair by owner or occupier of premises.
- [(1) It shall be incumbent on the owner or occupier of any premises to which a private water-supply is furnished from any municipal water work, [to keep in a thoroughly clean condition and to maintain and keep in efficient repair every supply and distributing pipe] [Section 275 was numbered sub-section (1) of section 275 by Bombay 8 of 1918, Section 12.] conveying water from the said water work to such premises and every meter for measuring water, not being a municipal meter and [every cistern and fitting] [These words were substituted for the original by Bombay 5 of 1938, Section 29(a).] in or connected with any such pipe, so as effectually to prevent the water from running to waste.]276. Provision of meters when water is supplied by measurement.
277. Register of meter to be evidence.
- Where water is supplied by measurement, the register of the meter or other instrument for measuring water shall be prima facie evidence of the quantity consumed.Inspection278. Commissioner, etc. may inspect premises in order to examine meter, communication pipes, etc.
279. Power to cut off private water supply or to turn off water.
280. Conditions as to use of water not to be contravened.
- No person to whom water is supplied by measurement or on payment of a fixed periodical sum shall contravene any condition, prescribed under sub-section (2) of section 169 for the use of such water, or permit any such condition to be contravened.280A. [ Powers of Commissioner to carry private mains through land belonging to other persons. [This section was inserted by Bombay 8 of 1918, Section 14.]
- The Commissioner shall have the same powers and be subject to the same restrictions for carrying, renewing and repairing private water mains, pipes and ducts as he has and is subject to under the provisions hereinbefore contained for carrying, renewing and repairing private drains.]280B. [ Recovery of expenses of laying water pipes. [Section 280B was inserted by Maharashtra 21 of 1989, Section 38.]
- The expenses for carrying, renewing and repairing private water mains, pipes and ducts referred to in section 280A, shall be recovered from the owner or occupiers in accordance with the provisions of this Act.]281. Water pipes, etc., not to be placed where water will be polluted.
- [(1)] [Section 281 was renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, sub-section (2) was added, by Maharashtra 21 of 1989, Section 39.] No water pipes shall be laid in a drain or on the surface of an open channel or house-gully or within twenty feet of a cesspool, or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank, and except with the consent of the Commissioner, no cistern shall be constructed within twenty feet of a [privy, water-closet or] [These words were inserted by Bombay 5 of 1905, Section 39.] cesspool.282. Prohibition of fraudulent and unauthorised use of water.
283. Prohibition of fraud in respect of meters.
284. Prohibition or wilful or neglectful acts relating to water works.
- [(1)] [Section 284 was renumbered as sub-section (1) of that section by Maharashtra 21 of 1989, Section 41(a).] No person shall wilfully or negligently -(a)injure or suffer to be injured any meter belonging to the corporation or any of the fittings of any such meter;(b)break, injure or open any lock, cock, valve, pipe, work, [engine, cistern or fitting] [These words were substituted for the words 'or engine' by Bombay 5 of 1938, Section 32(a).] appertaining to any municipal water work;(c)flush or draw off the water from any such water work, thereby causing such water to be wasted;(d)do any act [or suffer any act to be done] [These words were inserted by Bombay 8 of 1918, Section 15.] whereby the water in or derived from any municipal water work shall be wasted;(e)obstruct, divert or in any way injure or alter any water main or duct;(f)[ except with the permission of the Commissioner, open, break, injure or tamper with any lock furnished under section 274A.] [This clause was inserted by Bombay 5 of 1938, Section 32(b).](g)[ misuse the water duly provided by the Corporation for a specific purpose or use the same for any other purpose, whether specified or not.] [Clause (g) was added by Maharashtra 21 of 1989, Section 41(a).]285. Compensations to be payable by offenders against section 283 or 284.
- Compensation shall be paid by the offender for any damage which the corporation sustains by reason of any contravention of section 283 or section 284.286. [ What persons to be liable for offences under certain provisions of this Chapter. [This section was substituted for the original by Bombay 5 of 1938, Section 33.]
- If it shall be shown that an offence against some provision of this Chapter or against some bye-law made under this Act at the time in force relating to water supply has occurred on any premises to which a private supply of water is furnished by the corporation, the owner, the person primarily liable for the payment of water tax and the occupier of the said premises shall be jointly and severally liable for the same.] [Sub-section (2) was added by Maharashtra 21 of 1989, Section 41(b).]287. [ When materials and works may be supplied and done under this Chapter for any person by the Commissioner. [This section was substituted for the original by Bombay 5 of 1938, Section 34.]
- On the written request of any person who is required under any of the provisions of this Chapter to supply any materials, fittings, cistern or lock and key or to do any work, the Commissioner may, on such person's behalf, supply the necessary materials, fittings, cistern or lock and key, as the case may be, or cause the necessary work to be done; but he shall not do so in any case to which the provisions of section 493 or 495 will not apply, unless a deposit is first of all made by the said person of a sum which will in the opinion of the Commissioner, suffice to cover the cost of the said material, fitting, cistern, lock and key or work.]287A. [ Commissioner may execute works under this Chapter without allowing option to persons concerned of executing the same. [Section 287A was inserted By Bombay 5 of 1905, Section 4.]
287B. [ Work under Chapter X to be done by licensed plumber. [This section was inserted b y Bombay 5 of 1938, Section 17.]
288. Power to supply water without [Brihan Mumbai] [These words were substituted for the Nerds 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].
- The Commissioner may supply water from a municipal water work to any local authority or person without [Brihan Mumbai] [These words were substituted for the Nerds 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] on such terms as to payment and as to the period and conditions of supply as shall be, either generally or specially approved by the corporation,Chapter XI
Regulation Of Streets
Construction, Maintenance and Improvement of Public Streets289. Vesting of public streets in the corporation.
290. Disposal of land forming site of closed streets.
- Whenever any public street, or part of a public street, is permanently closed under section 289, the site of such street, or of the portion thereof which has been closed, may be disposed of as land vesting in the corporation.291. Power to make new public streets.
- The Commissioner, when authorised by the corporation in this behalf may at any time-292. Saving of provisions of sections 37 and 38, Bombay Act VI of 1879.
- Nothing in sub-sections (1) and (3) of section 289 or in the two last preceding sections shall be deemed to affect the provisions of sections 37 and 38 of the Bombay Port Trust Act, 1879.293. [Permission to lay tramways or railways on public streets to need the sanction of the corporation and confirmation by Provincial Government.]
- Repealed by Bombay XLVIII of 1948, Section 39.294. Minimum width of new public streets.
- No new public street made under section 291 shall be less than forty feet in width if such street be made for carriage traffic, or twenty feet if such street be made for foot traffic only; and no steps and except, with the written permission of the Commissioner under section 310, no other projection shall extend on to any such street.295. Power to construct or adopt public bridges, etc. over or under railways, etc.
- The Commissioner, when authorised by the corporation in this behalf, may agree -296. Power to acquire premises for improvement of public streets.
297. [ Prescribing the regular line of a street. [Section 297 was substituted for the original section by Bombay 5 of 1905, Section 42.]
298. Setting back buildings to regular line of the street.
299. Acquisition of open land or of land occupied by platforms, etc., within the regular line of a street.
300. Setting forward of buildings to regular line of the street.
301. Compensation to be paid in cases under the three last sanctions.
- [(1) Compensation shall be paid by the Commissioner to the owner of any building or land acquired for a public street under section 298 or 299, for any loss which such owner may sustain in consequence of his building or land being so acquired and for any expense incurred by such owner in consequence of the order made by the Commissioner under either of the said sections; provided that any increase or decrease in the value of the remainder of the property of which the building or land so acquired formed part likely to accrue from the setback to the regular line of the street shall be taken into consideration and allowed for in determining the amount of such compensation.] [This sub-section was substituted for the original by Bombay 1 of 1925, Section 19.]302. [ Notice to be given to Commissioner of intention to lay out lands for building and for private streets. [Sections 302, 302A, 302B, 303 and 304 were substituted for sections 302, 303 and 304 by Bombay 5 of 1920, Section 3.]
302A. [ Commissioner may call for further particulars. [Sections 302, 302A, 302B, 303 and 304 were substituted for sections 302, 303 and 304 by Bombay 5 of 1920, Section 3.]
- If any notice given under section 302 does not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, he may, at any time within, thirty days after receipt of the said notice, by written notice require the person who gave the said notice to furnish the required information together with all or any of the following documents, namely-302B. [ Commissioner may require plans to be prepared by licensed surveyor. [Section 302, 302A, 302B, 303 and 304 were substituted for sections 302, 303 and 304 by Bombay 5 of 1920, Section 3.]
- The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of section 302 or section 302A, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.]303. [ Laying out of land, private streets and buildings to be determined by Commissioner. [Sections 302, 302A, 302B, 303 and 304 were substituted for section 302, 303 and 304 by Bombay 5 of 1920, Section 3.]
304. [ Land not to be appropriated for building and private streets not to be laid out until expiration of notice nor otherwise than in accordance with Commissioner's directions. [Sections 302, 302A, 302B, 303 and 304 were substituted for sections 302, 303 and 304 by Bombay 5 of 1920, Section 3.]
305. Levelling and draining of private streets.
- If any private street be not levelled, metalled or paved, sewered, drained, channelled and lighted to the satisfaction of the Commissioner, he may, with the sanction of the [the Standing Committee] [These words were substituted for the words Member-in-Charge by Maharashtra 27 of 1999, Section 112, (w.e.f. 23-4-1999).], by written notice require the owners of the several premises fronting or adjoining the said street or abutting thereon to level, metal or pave, drain and light the same in such manner as he shall direct.306. Power to declare private streets when sewered, etc., public streets.
307. Applicability of sections 305 and 306 when a street is in part public and in part private.
- If a portion only of any street is a public street, within the meaning of that term as defined in clause (x) of section 3, the other portion of such street may for all purposes of sections 305 and 306 be deemed to be a private street.Projections and Obstructions308. Prohibition of projections upon streets.
309. Power to require removal or alteration of structures, etc., in suburbs [and extended suburbs] [These words were added by Bombay 58 of 1956, Section 17(2).].
- [(1) If any such structure or fixture as is described in section 308 has been erected, set up or placed against, or in front or, any premises at any time-(a)before the first day of April 1901, in the case of premises situated in an area in the suburbs which immediately before the date of the coming into force of the Bombay Municipal (Extension of Limits) Act, 1950, [or in the case of premises situated in an area in the extended suburbs which immediately before the date of the coming into force of the Bombay Municipal [Further Extension of Limits and Schedule BBA (Amendment)] Act, 1956] constituted a municipal district or municipal borough;(b)before the date of the coming into operation of the [said Acts] [These words were substituted for the words said Act by Bombay 58 of 1956, Section 17(1)(ii).] in the case of premises situated in any area of the suburbs [or, as the case may be, the extended suburbs] [These words were inserted by Bombay 58 of 1956.] other than the area referred to in clause (a); and(c)before the Bombay Municipal Act, 1872, came into force, in the case of premises situated in the city;the Commissioner may give notice as aforesaid to the owner or occupier of the said premises.] [Sub-section (1) was substituted for the original by Bombay 7 of 1950, Section 24.]310. Projections over streets may be permitted in certain cases.
311. Ground floor doors, etc. not to open outwards on streets.
- The Commissioner may at any time, by written notice, require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street, or upon any land required for the improvement of a street, in such manner as, in the opinion of the Commissioner, to obstruct the safe or convenient passage of the public along such street to have the said door, gate, bar or window altered so as not to open outwards.312. Prohibition of structures or fixtures which cause obstruction in streets.
313. Prohibition of deposit,. etc., of things in streets.
313A. [ Licence for sale in public places. [Section 313A was added by Bombay 1 of 1925, Section 19A.]
- Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall hawk or expose for sale in any public place or in any public street any article whatsoever, whether it be for human consumption or not.]313B. [ Licences for use of skill in handicraft or rendering services for purposes of gain in public place or street. [This section was inserted by Bombay 5 of 1938, Section 37.]
- Except under and in conformity with the terms and provisions of a licence granted by the Commissioner in this behalf, no person shall, for purposes of gain, use his skill in any handicraft or in rendering services to and for the convenience of the public in any public place or public street.]314. [Power to remove without notice anything erected, deposited or hawked in contravention of section 312, 313 or 313A.] [This marginal note was substitutes for the original by Bombay 26 of 1956, Section 2(2).]
- The Commissioner may, without notice, cause to be removed -315. Power to require removal of any structure of fixture erected or set up before section 312 came into force.
316. Prohibition of the tethering of animals in the public streets.
317. Commissioner may permit booths, etc., to be erected on streets on festivals.
- With the concurrence of the Police Commissioner, the Commissioner may grant a written permission for the temporary erection of a booth and any other such structure on any street on occasions of ceremonies and festivals.Provisions concerning execution of works in or near to streets318. Streets when broken up for any municipal purpose to be restored without delay.
- Whenever the soil or pavement of any street is opened or broken up by or under the order of the Commissioner, or of any municipal officer or servant, for the execution of any work on behalf of the corporation, the work on account of which the same shall have been opened or broken up shall be completed and the soil or pavement filled in, reinstated and made good with all convenient speed; and on completion of the work, the surplus of earth and materials, if any, excavated and all rubbish occasioned thereby shall be removed without delay.319. Commissioner may close street in which work is in progress.
320. Commissioner to provide for traffic, etc., pending execution of municipal work in any street.
- Whilst the execution of any work on behalf of the corporation is in progress in any street, the Commissioner shall, so far as may be reasonably practicable, make adequate provisions for the passage or diversion of traffic, for securing access to all premises approached from such street, and for any drainage, water supply or means of lighting which may be interrupted by reason/of the execution of the said work and shall pay compensation to any person who sustains special damage by reason of the execution thereof.321. Precautions to be taken for the public safety whilst municipal works are in progress in any street.
322. Streets not to be opened or broken up and building materials not to be deposited thereon without permission.
323. Precautions for public safety to be taken by persons to whom permission is granted under section 322.
- Every person to whom any permission is granted under section 322 shall, at his own expense, cause the place where the soil or pavement has been opened or broken up or where he has deposited budding materials or set up any scaffold, erection or other thing, to be properly fenced and guarded, and in all cases in which the same is necessary to prevent accidents, shall cause such place to be well lighted during the night.324. Persons to whom permission is granted under section 322 must reinstate streets, etc.
325. Provisions to be made by persons to whom permission is granted under section 322 for traffic etc., when their works interrupt streets.
- The Commissioner may, by written notice, require any person to whom permission is granted under section 322 to open or break up the soil or pavement of any street, or who, under any other lawful authority, opens or breaks up the soil or pavement of any street, for the purpose of executing any work, to make provision to his satisfaction for the passage or diversion of traffic, for securing access to the premises approached from such street and for any drainage, water supply or means of lighting which may be interrupted by reason of the execution of the said work.326. Hoards to be set up during work on any building adjacent to a street.
326A. Provisions for parking or halting places or lots and fees or charges therefor.
326B. [ Power of Commissioner to introduce traffic demand measures. [Section 326B was inserted by Maharashtra 11 of 2002, Section 24.]
327. Naming streets, and numbering of [premises.] [This word was substituted for the word 'houses' by Bombay 22 of 1956, Section 2(1)(c).]
328. Regulations as to sky-signs.
328A. Regulation and control of advertisements.
329. Commissioner to take proceedings for repairing or enclosing dangerous places.
330. Public streets to be lighted.
- The Commissioner shall-331. Prohibition of removal, etc., of lamps.
- No person shall, without lawful authority, take away or wilfully break, throw down or damage -332. Persons accidentally breaking lamp to repair the damage.
- If any person shall, through negligence or accident, break any lamp-set up in any public street or municipal market or building vesting in the corporation, he shall pay the expenses of repairing the damage so done by him.333. Manner of laying gas-pipes.
334. Situation of gas-pipes, etc., may be altered by Commissioner.
335. Buildings, etc., not to be erected without permission over municipal gas-pipes.
336. Measures for watering.
- The Commissioner may-Chapter XII
Building Regulations
Notices regarding Erection of Buildings337. Notice to be given to Commissioner of intention to erect a building.
338. Commissioner may require plans and other documents to be furnished.
- [(1)] [Section 338 was renumbered as section 338 (1) by Bombay 5 of 1905, Section 45(1).] At any time within thirty days after receipt of any notice under section 337, the Commissioner may, by written notice, require the person who has given the notice first therein before in this section mentioned, to furnish to the Commissioner all or any of the following documents, namely :-(a)[ correct plans and sections of every floor of the building intended to be erected, which shall be drawn to a scale of not less than one inch to every eight feet and shall show the position, form, dimensions and means of ventilation of and of access to the several parts of such building and its appurtenances [and the particular part or parts thereof which are, and those which are not, intended to be used for human habitation] [Clause (a) was substituted for the original clause (a) by Bombay 5 of 1905, Section 45(2).] and in the case of a building intended to be used as a dwelling-house for two or more families or for carrying on any trade or business in which a number of people exceeding twenty may be employed are as a place of public resort, the means of ingress and egress. Such plans and sections shall also show the depth and nature of the foundations and the proposed dimensions of all the walls, posts, columns, beams, joints and all girders and scantlings to be used in the walls, staircases, floors, and roofs of such building;](b)[ a specification of each description of work proposed to be executed and of the materials to be employed. Such specification shall include a description of the proposed method of drainage of the building intended to be erected and of the sanitary fittings to be used and also of the means of water supply and shall, if required by the Commissioner, be supplemented by detailed calculations showing the sufficiency of the strength of any part of such building;] [Clause (b) was substituted for the original clause (b) by Bombay 5 of 1905, Section 45(2).](c)a block plan of such building which shall be drawn to [the scale of the largest revenue survey map at the time being in existence for the locality in which the building is, or is to be situated] [These words were substituted for the words 'a scale of not less than one inch to every forty feet' by Bombay 1 of 1916, Section 5(2).] and shall show the position and appurtenances of the properties, if any, immediately adjoining, the width and level of the street, if any, in front and of the street, if any, at the rear of such building, the levels of the foundations and lowest floor of such building and of any yard or ground belonging thereto [and the means of access to such building;] [These words were added by Bombay 5 of 1905, Section 45(3).](d)a plan showing the intended line of drainage of such building, and the intended size, depth and inclination of each drain, and the details of the arrangement proposed for the ventilation of the drains.339. Commissioner may require plans etc., submitted under last preceding section to be prepared by a licensed surveyor.
- The Commissioner may decline to accept any plan, section or description as sufficient for the purposes of the last preceding section, which does not bear the signature of a licensed surveyor in token of its having been prepared by such surveyor or under his supervision.340. Additional information and the attendance of the person who gave the notice may be required.
- If the notice given under section 337 and the documents, if any, furnished under section 338 do not supply all the information which the Commissioner deems necessary to enable him to deal satisfactorily with the case, the Commissioner, may, at any time within thirty days after receipt of the said documents, by written notice, require the production of such further particulars and details as he deems necessary.341. Effect of non-compliance with requisition under section 338 or 340.
- If any requisition made under section 338 or 340 is not complied with, the notice given under section 337 shall be deemed not to have been given.Notices regarding execution of works not amounting to the erection of a building342. Notice to be given to the Commissioner of intention to make additions, etc., [to or change of user of, a building] [These words were substituted for the words 'to a building' by Maharashtra 10 of 1998, Section 139(d).].
- Every person who shall intend-343. Plans and additional information may be called for.
344. Printed forms of notices to be supplied to the public.
344A. [ Supervision of buildings and works. [Section 344A was inserted by Bombay 5 of 1905, Section 49.]
345. When building or work may be proceeded with.
- If within thirty days after receipt of any notice under section 337 or 342, or of the plan, section, description or further information, if any, called for under section 338, 340 or 343, as the case may be, the Commissioner fails to intimate in writing, to the person who has given the said notice, his disapproval of the building which the said person proposes to erect, or of the work which he proposes to execute;or if, within the said period, the Commissioner signifies in writing to the said person his approval of the said building or work;the said person may, at any time within one year from the date of the delivery of the notice to the Commissioner, proceed with the said building or work in accordance with his intention as described in the notice or in any of the documents aforesaid, but not so as to contravene any of the provisions of this Act or any by-law made under this Act at the time in force.346. Building or work which is disapproved by the Commissioner may be proceeded with, subject to terms.
347. When work may be commenced.
347A. [ Building not to be converted to other purposes without the permission of the Commissioner. [Section 347A was inserted by Bombay 1 of 1916, Section 7.]
- No person shall, without the written permission of the Commissioner,-347B. [ Building for human habitation not to be used as godown, etc. [These Sections 347B and 347C were inserted by Bombay 76 of 1948, Section 25.]
- No person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission use or permit to be used any building or any part of a building originally constructed or authorised to be used for human habitation as godown. warehouse, workshop, work place, factory, stable or a motor garage.] [These words, brackets, figures and letter were added by Bombay 12 of 1935, Section 2(2).]347C. [ No alterations to be made in buildings for human habitation without written permission of Commissioner. [These sections 347B and 347C were inserted by Bombay 76 of 1948, Section 25.]
- No person shall without the written permission of the Commissioner or otherwise than in conformity with the terms of such permission make any alteration or cause any alteration to be made in an existing building originally constructed or authorised to be used for human habitation for the purpose of using it or causing it to be used as a godown, warehouse, workshop, work place, factory, stable or motor garage.] [This proviso was substituted by Bombay 58 of 1956, Section 21(1).]Provisions as to structure, materials, etc.348. Provisions as to buildings which are to be newly erected.
349. Roofs and external walls of buildings not to be of inflammable materials.
349A. [ Maximum height of buildings. [Sections 349A and 349B were inserted by Bombay 5 of 1905, Section 52.]
349B. Height of buildings with reference to width of streets.
- Subject to the maximum prescribed by section 349A, the height to which a building may be erected or raised shall be regulated by the width of the street on which its abuts, in accordance with the following rules, namely :-349C. [ Frame-buildings. [Section 349C was inserted by Bombay 5 of 1905, Section 52.]
- After the commencement of this Act no building the external walls of which are of timber-framed construction shall be erected or re-erected so as to consist of more than one ground floor and one upper storey:Provided that the Commissioner may by special order grant permission for the erection of such a building of more than two storeys or for the construction of one or more additional storeys if satisfied that such building will be or is of thoroughly sound material and construction and can safely support the same.]349D. [ Provision of sufficient means of egress. [Section 349D was inserted by Bombay 2 of 1911, Section 12.]
- Where the Commissioner is of opinion that the means of egress from any building are insufficient to allow of safe exit in the event of fire, he may, with the approval of [the Standing Committee], by written notice require the owner or occupier of the building to alter or reconstruct any existing staircase in such manner or to provide such additional or emergency staircases, as he may prescribe.]349E. [ Special conditions with respect to erection or re-erection of buildings, maximum heights of buildings, etc., in suburbs [and extended suburbs.] [Section 349E was inserted by Bombay 7 of 1950, Section 30.]
350. Inspection of buildings in course of erection, alteration, etc.
- The Commissioner may at any time during the erection of a building or the execution of any such work as is described in section 342 make an inspection thereof, without giving previous notice of his intention so to do.351. Proceedings to be taken in respect of buildings or work commenced contrary to section 347.
- [(1) The Commissioner shall, by notification in the Official Gazette, designate an officer of the Corporation to be the Designated Officer for the purposes of this section and of sections 352, 352A and 354A. The Designated Officer shall have jurisdiction over such local area as may be specified in the notification and different officers may be designated for different local areas.] [Sub-section (1) inserted by Maharashtra 2 of 2012, Section 3(1) dated 13-3-2012.]352. Buildings or works commenced contrary to section 347 may be cut into and laid open for purposes of inspection.
352A. [ Conferment temporarily of summary powers for demolition on the [Designated Officer] [Section 352A was inserted by Maharashtra 23 of 1975 Section 2, which shall remain in force for a period of six years with effect from 5th May, 1979 and shall then ,expire. The original period of two years was extended to six years by Maharashtra 18 of 1981, Section 2.].
353. Enforcement of provisions concerning buildings and works.
- The Commissioner may, at any time during the erection of a building or the execution of any such work as aforesaid, or at any time within three months after the completion thereof, by written notice, specify any matter in respect of which the erection of such building or the execution of such work may be in contravention of any provision of this Act or of any bye-law made under this Act at the time in force, and require the person erecting or executing or who has erected or executed such building or work, or, if the person who has erected or executed such building or work is not at the time of the notice the owner thereof, then the owner of such building or work, to cause anything done contrary to any such provision or bye-law to be amended or to do anything which by any such provision or bye-law may be required to be done but which has been omitted to be done.353A. [ Completion certificates : Permission to occupy or use. [Section 353A was Inserted by Bombay 5 of 1905, Section 53.]
353B. [ Structures Stability Certificate. [Section 353B inserted by Maharashtra 6 of 2009, Section 2, dated 14-3-2009.]
354. Removal of structures, etc., which are in ruins or likely to fall.
354A. [ Power of [Designated Officer] [This section was substituted for the original by Bombay 64 of 1953, Section 15.] to stop erection of building or work commenced or carried on unlawfully.
354AA. Power to regulate future construction of certain classes of buildings in particular streets or localities.
354AB. [ Responsibility of owner or occupier to keep and maintain exterior of building in good condition. [Section 354AB and 354AC were inserted by Maharashtra 9 of 2011, Section 2 (w.e.f. 1-11-2011).]
354AC. Power of Commissioner to make declaration of aesthetic harmony.
354AAA. [ Empowerment of Slum Rehabilitation Authority for implementation of Slum Rehabilitation Scheme. [Section 354AAA was inserted by Maharashtra 5 of 1996, Section 3.]
- Notwithstanding anything contained in any other provisions of this Act, the State Government may, by notification in the Official Gazette direct that the powers of the Commissioner under this Chapter and the powers of the Corporation and the Committees of the Corporation under this Act, if any, relating to building regulations and matters ancillary or consequential thereto, shall be exercised by the Slum Rehabilitation Authority appointed under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, for the slum rehabilitation area declared under that Act.][Chapter XIIA] [New Chapter XIIA was inserted by Bombay 13 of 1933, Section 35.] City Improvement354B. Transfer of right, etc., of the Board to the Corporation.
354C. Commissioner to make a draft improvement scheme.
354CC. [ No improvement schemes for areas for which housing schemes sanctioned under Bombay LXIX of 1948. [This section was inserted by Bombay 69 of 1948, Section 75, Schedule.]
- Notwithstanding anything contained in this chapter; no improvement scheme shall be made for any area for which a housing scheme has been sanctioned under the provisions of [the Maharashtra Housing and Area Development Act, 1976.] [These words, brackets and letter were substituted for the words 'If it shall appear to the Commissioner that within certain limits in any part of the city' by Bombay 12 of 1936, Section 6(1).]]354D. [Improvement Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 123, (w.e.f. 23-4-1999).] to consider and approve draft scheme submitted by Commissioner.
- On the submission by the Commissioner of a draft improvement scheme the [Improvement Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 123, (w.e.f. 23-4-1999).] shall take such scheme into their consideration and may approve the same with or without such alteration as it thinks fit.354E. Particulars to be provided for in an improvement scheme.
354F. Considerations which shall prevail in making the scheme.
- In making an improvement scheme for any area, regard shall be had to the conditions and nature of neighbouring parts of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] and of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] as a whole, and to the likelihood of improvement schemes being required for the neighbouring and other parts of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].354G. Procedure on completion of the scheme.
354H. Right of owner to demand acquisition on issue of notification when building operations are in progress.
354I. Right of owner to demand acquisition or withdrawal by the operation after the lapse of two years from the date of notification.
354J. The [Improvement Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 127, (w.e.f. 23-4-1999).] after publication and service of notices to forward the scheme to the corporation for approval.
354K. Corporation to consider the improvement scheme and to approve or disapprove.
- The corporation shall on receipt of a scheme from [the Improvement Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 127, (w.e.f. 23-4-1999).] proceed to take such scheme into consideration together with any [objection, representation] [These words were substituted for the words 'representation, answer' by Bombay 34 of 1954, Section 16.] or suggestion received, or made, under section 354G or 354J and shall, after having approved the scheme with or without modification or declined to approve the scheme, pass a resolution to that effect.354L. Commissioner to apply to [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government for sanction to the scheme.
354M. On receipt of sanction declaration to be published giving particulars of land to be acquired and on publication of such declaration the Commissioner to be authorised to execute the scheme.
354N. If the corporation fail to acquire the land owner may call upon [Corporation] [This word was substituted for the word 'Corporation' by Maharashtra, 27 of 1999, Section 131, (w.e.f. 23-4-1999).] to acquire it or to withdraw from the proposal.
- If, within three years from the declaration aforesaid, the corporation fail to acquire the land or any part of the land proposed to be acquired for the purposes of any scheme notified after the City of Bombay Municipal (Amendment) Act, 1933, comes into operation, the owner of any land included in the declaration may, by written notice setting out the particulars of such land, call upon the corporation to acquire such land or to withdraw from the proposal to acquire it. Thereafter the procedure prescribed in sub-sections (2) to (4) of section 354-I shall be followed.Police Accommodation Schemes354O. The corporation to have power to make a police accommodation scheme.
354P. Procedure on completion of a scheme.
- Upon completion of a police accommodation scheme, the provisions sections 354G to 354M shall, with all necessary modifications, be applicable the scheme in the same manner as if the scheme were an improvement scheme.354Q. Vesting of land in corporation.
354R. Power to declare an area to be a clearance area.
354RA. Clearance orders.
354RC. Provisions with respect to property belonging to the corporation within surrounded by or adjoining a clearance area.
- Subject to the provisions of this section, the Commissioner may include in a clearance area any land belonging to the Corporation which he might have included in such area if it had not belonged to them, and where any land of the Corporation is included in a clearance area or being land surrounded by or adjoining a clearance area, might have been acquired by the Commissioner under the last foregoing section had it not previously belonged to the Corporation, the provisions of this Act, shall apply in relation to that land as if it has been acquired by the Commissioner as being land comprised in the clearance area or, as the case may be, as being land surrounded by or adjoining a clearance area.354RD. Acquisition of land in a clearance area.
354RE. Treatment of a clearance area.
- The Commissioner having acquired any land comprised in, or surrounded by or adjoining a clearance area shall, as soon as may be, cause every building thereon to be vacated if necessary in the manner provided by section 488A, and shall deal with that land in one or other of the following ways, or partly in one of these ways and partly in the other of them, that is to say-354RF. Arrangements where acquisition of land in a clearance area found to be unneccessary.
- Where the Commissioner has submitted to the State Government an order for the compulsory acquisition of land in a clearance area, and the State Government, on an application for an authorisation under this section being made to them by the owner or owners of the land and the Commissioner is satisfied that the owner or owners of the land, with the concurrence of any mortgagee thereof, agree to the demolition of the buildings thereon and that the Commissioner can secure the proper clearance of the area without acquiring the land, the State Government may-354RG. Power to acquire cleared land which owners have failed to re-develop.
354RH. Power of Court to determine lease where premises demolished.
354RI. Power to declare an area to be a re-development area.
354RJ. Re-development plan.
354RK. Acquisition of land for purposes of re-development.
354RL. Extinguishment of ways, easements, etc., over acquired under sections 354RD, 354RG and 354RK.
354RM. Mode of provision of accommodation.
354RN. Power of Commissioner to acquire land for housing accommodation.
- The Commissioner may for the purposes of the foregoing section on behalf of the Corporation-354RO. Mode of acquisition of land for housing accommodation.
354RP. Power of dealing with land acquired or appropriated for provision of housing accommodation.
354RQ. Supplementary powers in connection with provision of accommodation.
- [The powers of the Commissioner] [These words were substituted by Maharashtra 27 of 1999, Section 143, (w.e.f. 23-4-1999).] to provide housing accommodation for the poorer classes, shall include a power to provide and maintain and if desired, jointly with any other person, in connection with any such housing accommodation, any building adapted for use as a shop, any recreation grounds, or other buildings or land which in the opinion of the Commissioner will serve a beneficial purpose in connection with the requirements of the persons for whom the housing accommodation is provided.Land Acquisition354S. Extent to which Land Acquisition Act shall apply to acquisition of land otherwise than by agreement.
- The Land Acquisition Act, 1894 (in this and the next succeeding sections referred to as 'the Land Acquisition Act') shall to the extent set forth in Schedule CC, regulate and apply to the acquisition of land under this Chapter, otherwise than by agreement, and shall for that purpose he deemed to form part of this Chapter in the same manner as if enacted in the body hereof, subject to the provisions of this Chapter and to the provisions following namely:-354SA. Determination by special Tribunal in certain cases.
354T. Special provisions as to compensation.
- In determining the amount of compensation to be awarded for any land or building acquired under this Act, following further provisions shall apply :-354U. Collector to take possession after making an award and transfer land to corporation.
- When the Collector has made an award under section 11 of the Land Acquisition Act, as applied by this Act, he may take possession of the land which shall thereupon vest absolutely in [Government] [This word was substituted for the words 'his Majesty' by the Adaptation of Laws Order, 1950.] free from all encumbrances, and the Collector shall, upon payment of the cost of the acquisition, make over charge of the land to the Commissioner and the land shall thereupon vest in the corporation subject to the liability of the Commissioner to pay on behalf of the corporation any further costs which may be incurred on account of the acquisition of the land.[Levy of betterment charges [This heading and sections 354UA, 354UB and 354UC were inserted by Bombay 34 of 1954, Section 20.]354UA. Condition for levying betterment charge in clearance and re-development areas.
354UB. Method of calculating charge.
- Where an improvement scheme has provided for the levy of a betterment charge pursuant to sub-section (3) of section 354E, or where the Commissioner has declared a betterment charge to be leviable under sub-section (4), of section 354UA, such betterment charge shall be an amount equal to one-half of the increase in value of the land and shall be calculated, in the case of an improvement scheme upon the amount by which the value of the land on completion of the execution of the scheme exceeds the value of the land at the time of the publication of the notification made under section 354G and in the case of a clearance or re-development area, upon the amount by which the value of the land on completion of the clearance or re¬development of the area exceeds the value of the land at the date of the resolution of the Corporation under section 354R or section 354R1 declaring that area to be a clearance area or a re-development area, as the case may be.354UC. Procedure of determining charge.
354V. [Compensation to corporation on resumption of certain land.]
- Deleted by Bombay 34 of 1954, Section 21.[Building Loans] [This heading was inserted by Bombay 34 of 1954, Section 22.]354W. Power to grant loans for building purposes.
354WA. [ Power of Commissioner to make advances for the purposes of increasing housing accommodation. [Sections 354WA, 354WB and 354WC were inserted by Bombay 34 of 1954, Section 23.]
354WB. Power of Commissioner to promote and assist housing associations.
354WBB. [ Power of Commissioner to grant loans to municipal officers and servants for houses. [Section 354WBB was inserted by Maharashtra 50 of 1981, Section 3.]
- Subject to such conditions as may be laid down in the bye-laws made under section 461, the Commissioner may, with the previous approval of the [improvements Committee], grant a loan to an officer or servant of the Corporation (who is eligible for such loan under the bye-laws) for constructing or purchasing a house in [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] or for purchasing, on ownership basis, a flat in a Co-operative Housing Society, or an apartment under the Maharashtra Apartment Ownership Act, 1970, in [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] or in such adjoining areas as may be specified in the by-laws.]Provisions relating to lands comprised in Schedules W, Y and Z354WC. Compensation to Corporation on resumption of certain land.
- Whenever any land specified in Schedule W is resumed by the State Government or any land specified in Schedule Y and vested in the Corporation is taken possession of by the State Government under the provisions of this Act, the market value of the land at the date of resumption as determined by the Collector, or in appeal by the High Court, shall be paid to the Corporation by the State Government.]354X. Payment to be made by [State] [The words 'The Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government.
- [The [State] [This word was substituted for the ward 'Provincial' by the Adaptation of Laws Order, 1950.] Government] shall pay to the corporation from the date on which the City of Bombay Municipal (Amendment) Act, 1933, comes into operation and until the ninth day of November 1997, all rents and profits derived by the [the [State] [This word was substituted for the ward 'Provincial' by the Adaptation of Laws Order, 1950.] Government] from the lands specified or referred to in Schedule Z.Chapter XIII
Licensing Of Surveyors And Plumbers
355. Grant of licences to surveyors and plumbers.
356. Regulations may be prescribed for guidance of licensed surveyors and plumbers.
- [The Corporation may] [These words were substituted for the words 'The Commissioner may, with the approval of the Standing Committee' by Maharashtra 10 of 1998, Section 179.] from time to time prescribe regulations for the guidance of licensed surveyors and plumbers, respectively and a copy of all regulations so prescribed at the time in force shall be written on the back of every licence granted to a surveyor or plumber respectively.357. Fees and charges of licensed plumbers to be prescribed by the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 151, (w.e.f. 23-4-1999).].
- The [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 151, (w.e.f. 23-4-1999).] may from time to time prescribe the fees or charges to be paid to licensed plumbers for any work done by them under or for any purpose of this Act; and no licensed plumber shall demand or receive more than the fee or charge so prescribed for any such work.358. Licensed plumber to be bound to execute work properly.
- No licensed plumber shall execute any work under this Act carelessly or negligently or make use of any bad material, appliance or fitting for the purpose of such work.Chapter XIV
Municipal Fire Brigade
359. Maintenance of firemen and of necessary fire engines, etc.
360. Power to make regulations for fire brigade.
- The Commissioner shall from time to time make regulations for -361. Power of chief officer of fire brigade at a fire.
- [(1)] [Section 361 was renumbered as sub-section (1) of that section and sub-section (2) was added to that section by Bombay 9 of 1945, Section 2, read with Bombay 8 of 1948, Section 2.] On the occasion of a fire the chief or other officer in charge of the fire brigade may, subject to such orders as the Commissioner may from time to time issue in this behalf, take the command of all municipal officers and servants present and of any other persons who voluntarily place their services at his disposal; and may -(a)remove, or order any fireman or other officer or person under his command to remove any persons who interfere by their presence with the operations of the fire brigade;(b)take generally any measures that appear expedient for the protection of life and property, with power, by himself or by the persons under his command, to break into or through or take possession of, or pull down any premises for the purpose of putting an end to such fire, doing as little damage as possible;(c)cause the water to be shut off from the mains and pipes of any district in order to give a greater supply and pressure of water in the district in which the fire has occurred and utilize the water of any well or tank available for the purpose of extinguishing such fire.362. Police and municipal officers and servants to aid the fire brigade.
- It shall be the duty of all police officers and of all municipal officers and servants to aid the fire brigade in the execution of their duties. They may close any street in or near which a fire is burning and remove any persons who interfere by their presence with the operations of the fire brigade.363. Damages done by fire brigade to be deemed damage by fire.
- Any damage occasioned by the fire brigade in the due execution of their duties, or by any police or municipal officer or servant who aid the fire brigade, shall be deemed to be damage by fire within the meaning of any policy of insurance against fire.364. Reports of fires to be submitted.
- A report of every fire which occurs in the city shall be submitted by the chief or other officer in charge of the fire brigade, not later than the day, following the fire, to the Commissioner, who shall make such further inquiry, if any, as he may deem necessary and shall furnish a weekly return of all fires which occur in the city to the [Standing Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 152, (w.e.f. 23-4-1999).].Chapter XV
Sanitary Provisions
Scavenging and Cleansing365. Commissioner to provide for cleaning of streets and removal of refuse.
- For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner shall take measures for securing -366. Refuse, etc. to be the property of the corporation.
- All matters collected by municipal servants or contractors in pursuance of the last preceding section and of section 369 [and carcasses of dead animals deposited in any public receptacle, deposit or place under section 367] [These words and figures were inserted by Maharashtra 14 of 1961, Section 5.] shall be the property of the corporation.367. Provision and appointment of receptacles, deposits and places for refuse, etc.
- [* *] [The figures (1) and (2) were omitted by Bombay 1 of 1925, Section 20(1).] The Commissioner shall provide or appoint in proper and convenient situations public receptacles, depots and places for the temporary deposit or final disposal of -368. [ Duty of owners and occupiers to collect and deposit dust, etc. [Section 368 was substituted for the original section by Bombay 1 of 1925, Section 21.]
369. Provision may be made by Commissioner for collection, etc., of excrementitious and polluted matter.
- When the Commissioner has given public notice, under clause (a) of section 142, of his intention to provide, in a certain portion of [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], for the collection, removal and disposal, by municipal agency, of all excrementitious and polluted matter from privies, urinals and cesspools, it shall be lawful for the Commissioner to take measures for the daily collection, removal and disposal of such matter from all premises situated in the said portion of [Brihan Mumbai] [ These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].370. Collection and removal of excrementitious and polluted matter when to be provided for by occupiers.
- It shall be incumbent on the occupier of any premises situate in any portion of the city for which the Commissioner has not given a public notice under clause (a) of section 142 and in which there is not a water-closet or privy connected with a municipal drain, to cause all excrementitious and polluted matter accumulating upon his premises to be collected and to be conveyed to the nearest receptacle or depot provided for this purpose under clause (b) of section 367, at such times, in such vehicle or vessel, by such route and with such precautions, as the Commissioner by public notice from time to time prescribes.371. Halalkhor's duties in certain cases may not be discharged by private individuals without the Commissioner's permission.
- In any portion of [Brihan Mumbai] [ These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] in which the Commissioner has given a public notice under clause (a) of section 142, and in any premises, wherever situate in which there is a water-closet or privy connected with a municipal drain, it shall not be lawful, except with the written permission of the Commissioner; for any person who is not employed by or on behalf of the Commissioner, to discharge any of the duties of halaikhors.372. Prohibition of failure to remove refuse, etc., when bound to do so.
- No person-373. Presumption as to offender under clause (e) of section 372.
- If it shall in any case be shown that dust, ashes, refuse, [rubbish or trade refuse] [These words were substituted for the words 'and rubbish' by Bombay 1 of 1925, Section 22.] or any excrementitious or polluted matter, has or have been thrown or placed on any street or place, in contravention of clause (e) of the last preceding section, from some building or land, it shall be presumed, until the contrary proved, that the said offence has been committed by the occupier of the said building or land.Inspection and sanitary regulation of premises374. Power to inspect premises for sanitary purposes.
- The Commissioner may inspect any building or other premises for the purpose of ascertaining the sanitary condition thereof.375. Cleansing and limewashing of any building may be required.
- If it shall appear to the commissioner necessary for sanitary reasons so to do, he may, by written notice, require the owner or occupier of any building so inspected, to cause the same or some portion thereof to be lime-washed or otherwise cleansed, either externally or internally, or both externally and internally.375A. [ Removal of building materials from any premises may be required. [Section 375A was inserted by Bombay 1 of 1916, Section 8.]
- If it shall appear to the Commissioner that any tiles, stones, rafters, building materials or debris of building materials are stored or collected in or upon any premises without the written permission of the Commissioner in such quantity or bulk or in such way as to constitute a harbourage or breeding place for rats or other vermin or otherwise a source of danger or nuisance to the occupiers of the said premises or to persons residing in the neighbourhood thereof, the Commissioner may by written notice require the owner of such premises, or the owner of the materials or debris so stored or collected therein, to remove or dispose of the same or to take such order with the same as shall in the opinion of the Commissioner be necessary or expedient to abate the nuisance or prevent a recurrence thereof.]376. Abandoned or unoccupied premises.
- If any premises, by reason of their being abandoned or unoccupied become a resort of disorderly persons or, in the opinion of the Commissioner, a nuisance, the Commissioner, after such inquiry as he deems necessary, may give written notice to the owner of such premises, if he be known and resident within [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] or to any person who is known or believed to claim to be the owner, if such person is resident within [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] and shall also affix a copy of the said notice on some conspicuous part of the said premises, requiring all persons having any right of property or interest therein to take such order with the said premises as shall in the opinion of the Commissioner be necessary to prevent the same from being resorted to as aforesaid or from continuing to be a nuisance.377. Neglected premises.
377A. [ Nuisance arising from defective roof. [This new section 377A was added by Bombay 1 of 1925, Section 24.]
378. [ Building or rooms in buildings unfit for human habitation. [Section 378 was substituted by Bombay 6 of 1916, Section 6.]
378A. [ Power to require repair of insanitary buildings. [Sections 378A to 378-I were inserted by Bombay 34 cf 1954, Section 25.]
378B. Power to order demolition of insanitary buildings.
378C. Procedure where demolition order made.
378D. Regulations to determine the fitness of a building.
- For the purposes of this Act, the Corporation may, from time to time, frame regulations not inconsistent with this Act for determining the standards of fitness of buildings for human habitation; provided that, where in pursuance of a notice under sub-section (1) of section 378-A any building has been rendered fit for human habitation by the execution of works and alterations to the satisfaction of the Commissioner, such building during a period of ten years from the date of completion of such works and alterations shall not be deemed to be unfit for human habitation by reason only of not conforming with any regulations made subsequently to such date affecting the structure of such building.378E. Power to order demolition of obstructive building.
378F. Effect of order for demolition of obstructive building.
378G. Compensation for acquiring obstructive building recoverable in certain cases as improvement expenses.
378H. Appeal against demolition orders.
378I. Prohibition of back-to-back buildings.
- Notwithstanding anything contained in this Act, it shall not be lawful to erect any back-to-back buildings intended to be used as dwellings for the poorer classes, and any such building shall, for the purposes of this Act, be deemed to the unfit for human habitation:Provided that nothing in this section shall prevent the erection or use of a building containing several tenements in which tenements are placed back-to-back if in the opinion of the Commissioner the several tenements are so constructed and arranged as to secure effective ventilation of all habitable rooms in every tenement.]379. [ Power of Commissioner to call for statement of accommodation. [Section 379 was substituted for the original section by Bombay 5 of 1905, Section 55.]
379A. [ Overcrowded dwellings. [Section 379A was inserted by Bombay 5 of 1905, Section 55.]
380. Insanitary huts and shed.
- If the Commissioner is of opinion that any but or shed, used either as a dwelling or as a stable or for any other purpose, is likely, by reason of its being built without a plinth or upon a plinth of insufficient height or without proper means of drainage, or on account of the impracticability of scavenging or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger the public health or safety:-He may, by written notice, which shall be affixed to some conspicuous part of such but or shed, require the owner or occupier thereof, or the owner of the land on which such but or shed stands, to remove or alter such but or shed or to take such order for the improvement thereof as the Commissioner shall deem necessary.381. [ Filling in of pools, etc., which are a nuisance. [This section was substituted for the original section by Bombay 6 of 1913, Section 4.]
- [(1) (i) For the purposes of this section a nuisance shall include -(a)any pool, ditch, tank, well, pond, quarry-hole, drain, water course or any collection of water; or(b)any cistern or other receptacle for water or any article or thing capable of collecting rain water during the monsoon season whether within or outside a building; or(c)any and on which water accumulates or is likely to accumulate; or(d)any premises or any part of any premises occupied, or unoccupied, or under construction, reconstruction or demolition; which in the opinion of the Commissioner is, or is likely to become a breeding place of mosquitoes or which is, in any other respect, a nuisance as defined in clause (3) of section 3.(ii)The Commissioner may, by notice in writing, require the person by whose act, default or sufferance, a nuisance arises, exists or continues, or is likely to arise, and the owner, lessee and occupier of the land, building or premises on which the nuisance arises, exists or continues or is likely to arise or any one or more of such person, owner, lessee and occupier, to remove, discontinue or abate the nuisance by taking such measures and by executing such work in such manner and within such period of time as the Commissioner shall prescribe in such notice.(iii)The Commissioner may also by any notice under clause (ii) or by another notice, served on such person, owner, lessee and occupier, or on any one or more of them, require them or any one or more of them, to take all steps requisite or necessary to prevent a recurrence of the nuisance and may, if he thinks it desirable, specify any work to be executed or measures to be carried out for that purpose, and may serve any such further notice notwithstanding that the nuisance may have been abated or removed if he considers that it is likely to recur:Provided that if at any time within four months from the date of the service of any such notice, the nuisance recurs through the failure of the person or persons upon whom such notice has been served to comply with the requirements contained in such notice, such person or persons shall be liable without any further notice to the penalties provided in this Act for offences under this section.(iv)Where the nuisance arises or exists or is likely to arise or recur in connection with the construction, reconstruction or demolition of any premises, or any part of any premises, the Commissioner may in addition to serving any notice on any one or more of the persons mentioned in clause (ii) serve any such notice on any architect, contractor or other person employed to carry out such work of construction, reconstruction, or demolition and also on any sub-contractor employed by such contractor or other person, or any one or more of such contractor; person and sub-contractor.]381A. [ Permission for new well, etc. [Section 381A was inserted by Bombay, 6 of 1913, Section 5.]
381B. [ Prohibition of mosquito breeding in collection of water on any land. [Section 381B was inserted by Maharashtra 51 of 1975, Section 16.]
- No person shall, on any land owned by him or in his possession, -382. Dangerous quarrying may be stopped.
- If, in the opinion of the Commissioner, the working of any quarry, or the removal of stone, earth or other material from any place, is dangerous to persons residing in or having legal access to the neighbourhood thereof or creates or is likely to create a nuisance, the Commissioner, may [* * * *] [The words 'with the approval of the Standing Committee' were deleted by Maharashtra 21 of 1989, Section 44.] by written notice, require the owner of the said quarry or place to discontinue working the same or to discontinue removing stone, earth or other material from such place, or to take such order with such quarry or place, as he shall deem necessary for the purpose of preventing danger or of abating the nuisance arising or likely to arise therefrom.383. Removal and trimming of trees, shrubs and hedges.
384. Prohibition as to keeping animals.
384A. [ Stabling animals or storing grain in dwelling houses may be prohibited. [Section 384A was inserted by Bombay 1 of 1916, Section 10.]
- Where a building or any portion thereof is used or intended to be used for human habitation and any portion of such building is used for any of the following purposes, namely,-385. [ Removal of carcasses of dead animals. [This section was substituted for the original section by Bombay 5 of 1920, Section 4.]
386. Place for public bathing, etc., to be fixed by the Commissioner.
- The Commissioner may from time to time set apart portions of the seashore or other suitable places vesting in the Corporation for use by the public for bathing, for the washing of animals or for drying clothes, and may from time to time, by public notice, prohibit the use by the public of any portion of the seashore or place not vesting in the Corporation for any of the said purposes.387. Regulation of use of public bathing places etc.
388. Prohibition of bathing, etc., contrary to order or regulation.
- Except as permitted by any order or regulation made under section 270, 386 or 187, no person shall-389. Prohibition of corruption of water by steeping therein animal or other matter, etc.
- No person shall -390. Factory of not to be newly established without permission of the Commissioner.
391. Furnaces used in trade or manufacture to consume their own smoke.
392. Sanitary regulation of factories, etc.
393. Prohibition to use of steam-whistle or steam-trumpet without permission of the Commissioner.
394. [ Certain articles [or animals] [Sections 394 and 394A were substituted for the original section 394 by Maharashtra 32 of 1962, Section 2.] not to be kept, and certain trades, processes and operations not to be carried on, without a licence; and things liable to be seized, destroyed, etc., to prevent danger or nuisance.
394A. Power to prohibit the keeping of certain articles of dangerous character in certain premises or areas.
- Notwithstanding anything contained in the last foregoing section, the State Government may from time to time by notification in the Official Gazette prohibit absolutely or subject to conditions, the keeping or suffering or allowing the keeping (either permanently or during a specified period) in any premises or class of premises or in any area or areas, which may be specified in the notification, of any article mentioned in Part I of Schedule M, being an article which in the opinion of the State Government is of so dangerous a character that it is expedient in the interest of public safety, having regard to the density of population and other relevant factors, to issue such notification.]395. Prohibition of corruption of water by chemicals etc.
396. [ Powers of Inspection etc. of premises where licensable articles are kept or trade, process or operation carried on or where prohibited articles are kept. [Section 396 was substituted for the original by Maharashtra 32 of 1962, Section 3.]
397. Regulation of washing of clothes by washermen.
398. What to be deemed municipal markets and slaughter houses.
- [(1)] [Section 398 was renumbered as sub-section (1) of that section by Bombay 54 of 1955, Section 9.] All markets and slaughter houses which belong to or are maintained by the corporation shall be called "municipal markets" or "municipal slaughter houses." All other markets and slaughter houses shall be deemed to be private.399. Provisions of new municipal markets and slaughter houses.
400. Municipal markets and slaughter houses may be closed.
- The Commissioner may, with the sanction of the corporation and of [the [State] [The words the Provincial Government were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] Government], at any time, close any municipal market or slaughter house; and the premises occupied for any market or slaughter house so closed may be disposed of as the property of the corporation.401. Prohibition of sale in a municipal market without Licence of Commissioner.
402. Opening of new private markets.
403. [Private markets not to be kept or permitted to be kept open and no place to be used or permitted to be used as slaughter house, without licence.] [This marginal note was substituted for the original by Bombay 20 of 1952, Section 16.]
404. Prohibition of sale in unauthorized private markets.
- No person who knows that any private market has been established without the sanction of the Commissioner, or is kept open after a licence for keeping the same open has been refused, cancelled or suspended by the Commissioner, shall sell or expose for sale therein any animal or articles of food.405. Provision for requiring private market building and slaughter houses to be properly paved and drained.
- The Commissioner may, by written notice, require the owner, farmer or occupier of any private market or slaughter house, to cause-406. Regulations to be framed for markets and slaughter houses.
- [The Commissioner may,] [This words were substituted for the words 'The Commissioner may, with the approval of the Standing Committee' by Maharashtra 10 of 1998, Section 193.] [with the approval of the Standing Committee] [These words were inserted by Maharashtra 27 of 1999, Section 162, (w.e.f. 23-4-1999).] from time to time make regulations, inconsistent not with any provision of this Act, or of any by-law made under this Act at the time in force-407. Levy of stallages, rents and fees in municipal markets and slaughter houses.
- The Commissioner may-407A. [ Removal of live cattle, sheep, goats or swine from any municipal slaughter house, market, or premises. [[New section 407A was inserted by Bombay 12 of 1936, Section 7.
'Notwithstanding anything contained in the City of Bombay Municipal (Amendment) Act, 1936 (Bombay 12 of 1936), it shall be deemed always to have been lawful for the Commissioner prior to the commencement of the said Act, to require his written permission, for the removal of any cattle, sheep, goats or swine from any municipal slaughter house or from any municipal market or premises used or intended to be used for or in connection with such slaughter house and to fix and charge fees for the grant of such permission. (vide Bombay 12 of 1946, Section 10).']]408. Regulations and table of stallages rents to be posted up in markets and slaughter houses.
409. Power to expel persons contravening by-laws or regulations.
- The Commissioner may expel from any municipal market or slaughter house any person, who or whose servants has been convicted of contravening any by-law made under this Act, or any regulation made under section 406, at the time in force in such market or slaughter house and may prevent such person by himself or his servants, further carrying on any trade or business in such market or slaughter house or occupying any stall shop, standing shed, pen or other place therein, and may determine any lease or tenure which such person may have in any such stall, shop, standing shed, pen or place.Sale [or Supply] [These words were inserted by Bombay 64 of 1953, Section 17(2).] of Articles of food outside of markets410. Prohibition of sale [or supply] [These words were inserted by Bombay 64 of 1953, Section 17(3).] of animals, etc. except in a market.
411. Butchers and persons who [sell or supply] [These were substituted for the word 'sell' by Bombay 64 of 1953, Section 18(2).] the flesh of animals to be licensed.
- No person shall without, or otherwise than in conformity with the terms of a licence granted the Commissioner in this behalf-412. [ Prohibition of import of cattle, etc. into [Brihan Mumbai] [This section was substituted for the original section by Bombay 2 of 1911, Section 16.] without permission.
412A. [ Licence required for dealing in milk, etc. [Section 412A was inserted by Bombay 6 of 1923, Section 7.]
- No person shall without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf-413. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to the provisions of this Act is suspected.
414. Commissioner to provide for inspection of articles exposed for sale for human food.
- It shall be the duty of the Commissioner to make provision for the constant and vigilant inspection of animals, carcasses, meat, poultry, game, flesh, fish, fruit, vegetables, corn, bread, flour, milk, ghee, butter and any other article exposed or hawked about for sale or deposited in or brought to any place for the purpose of sale or of preparation for sale and intended for human food or for medicine, the proof that the same was not exposed or hawked about or deposited or brought for any such purpose or was not intended for human food or for medicine resting with the party charged.415. Unwholesome articles etc., to be seized.
416. Disposal of perishable articles seized under section 415.
- If any meat, fish, vegetable or other article of a perishable nature be seized under the last preceding section and the same is, in the opinion of the Commissioner, diseased, unsound, unwholesome or unfit for human food or for medicine as the case may be, the Commissioner shall cause the same to be forthwith destroyed in such manner as to prevent its being again exposed for sale or used for human food or for medicine, and the expenses thereof shall be paid by the person in whose possession such article was at the time of its seizure.417. Disposal of animals and articles of a non-perishable nature seized under section 415.
417A. [Penalty for representing any article to be what it is not.]
- Repealed by Bombay 10 of 1928, Section 15.417B. [ Penalty for possessing food which appears to be diseased, unsound or unwholesome or unfit for human food. [Section 417B and 417C were inserted by Bombay 2 of 1899, Section 6(1)(b).]
- In every case in which food, on being dealt with under section 417, appears to the Magistrate to be diseased, unsound or unwholesome or unfit for human food, the owner thereof or the person, in whose possession it was found not being merely bailee or carrier thereof, shall, if any such case the provisions of section 273 of the Indian Penal Code do not apply, be punished with fine which may extend to [Five] hundred rupees].417C. [ Application for summons to be refused if not applied for within reasonable time. [Section 417B and 417C were inserted by Bombay 2 of 1899, Section 6(1)(b).]
- In all prosecutions under section [* *] 417-B the Magistrate shall refuse to issue a summons for the attendance of any person accused of an offence against such section, unless the summons is applied for within a reasonable time for the alleged date of the offence of which such person is accused.]Weights and Measures418. [ [Provision of local standards of weights and measures.] [Sections 418, 419 and 420 were repealed by Bombay Weights and Measures Act, 1932 (Bombay 15 of 1932), Second Schedule, Part 11, which came into effect in Bombay City on 1st August 1945, vide G.N., G.D., No. 9518, dated 30th April 1935.]
- Repealed by Bombay 15 of 1932.]419. [ [Verification and stamping of weights and measures.] [Sections 418, 419 and 420 were repealed by Bombay Weights and Measures Act, 1932 (Bombay 15 of 1932), Second Schedule, Part 11, which came into effect in Bombay City on 1st August 1945, vide G.N., G.D., No. 9518, dated 30th April 1935.]
- Repealed by Bombay 15 of 1932.]420. [ [Weights and measures of which standards are provided are to be adopted: penalties.] [Sections 418, 419 and 420 were repealed by Bombay Weights and Measures Act, 1932 (Bombay 15 of 1932), Second Schedule, Part 11, which came into effect in Bombay City on 1st August 1945, vide G.N., G.D., No. 9518, dated 30th April 1935.]
- Repealed by Bombay 15 of 1932.]Prevention of spread of dangerous diseases421. Information to be given of existence of dangerous disease [or continuous pyrexia of unknown origin] [These words were inserted by Bombay 20 of 1952, Section 17(2).].
- Every medical practitioner who treats or becomes cognizant of the existence of any dangerous disease [or any case of continuous pyrexia of unknown origin of more than four days' duration] [These words were inserted by Bombay 20 of 1952, Section 17(1).] in any private or public dwelling, other than a public hospital, shall give information of the same with the least practicable delay to the executive health officer. The said information shall be communicated in such form and with such details as the executive health officer, with the consent of the Commissioner, may from time to time require.422. Any place may at any time be inspected for purpose of preventing spread of dangerous disease.
- The Commissioner may at any time, by day or by night, without notice, or after giving such notice of his intention as shall, in the circumstances, appear to him to be reasonable, inspect any place in which any dangerous disease is reputed or suspected to exist, and take such measures as he shall think fit to prevent the spread of the said disease beyond such place.423. Prohibition of use for drinking of water likely to cause dangerous disease.
424. Commissioner may order removal of patients to hospital.
425. Disinfection of buildings, etc.
426. Destruction of huts and sheds, when necessary.
426A. [ Second-hand clothing and bedding not to be brought into [Brihan Mumbai] [This section was inserted by Bombay 76 of 1948, Section 27.] without informing Commissioner and getting them inspected.
427. Place for disinfection may be provided also for washing infected articles.
428. Person suffering from dangerous disease not to enter a public conveyance without notifying the same.
429. Provision of carriage for conveyance of patients.
- The Commissioner with the sanction of the corporation, may provide and maintain suitable conveyances for the free carriage of persons suffering from any dangerous disease; and when such conveyances have been provided, it shall not be lawful to convey any such person by any other public conveyance.430. Provisions as to carriage of persons suffering from dangerous diseases to public conveyances.
431. Public conveyance which has carried a person suffering from dangerous disease to be disinfected.
- The owner, driver or person in charge of a public conveyance in which any person suffering as aforesaid has been carried shall immediately provide for the disinfection of the same.432. Infected articles not to be transmitted, etc., without previous disinfection.
433. Infected building not to be let without being first disinfected.
434. Commissioner may take special measures on outbreak of any dangerous disease.
435. Places for disposal of the dead to be registered.
- Every owner or person having the control of a place used for burying, burning or otherwise disposing of the dead shall cause the same to be registered in a register which shall be kept by some municipal officer charged by the Commissioner with this duty, and shall deposit in the municipal office at the time of registration a plan of the said place, showing the extent and boundaries thereof, bearing the signature of a licensed surveyor in token of its having been prepared by or under the supervision of such surveyor.436. Provision of new places for disposal of the dead.
- If the existing places for the disposal of the dead shall at any time appear to be insufficient, or if any such place is closed under the provisions of section 438, the Commissioner shall, with the sanction of the corporation, provide other fit and convenient places for the said purpose, either within or without [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], and shall cause the same to be registered in the register kept under section 435, and shall deposit in the municipal office, at the time of registration of each place so provided, a plan thereof showing the extent and boundaries of the same and bearing the signature of the municipal [city engineer] [The words 'city engineer' were substituted for the words 'executive engineer' by Bombay 19 of 1930, Section 6.].437. New places for disposal of the dead not to be opened without permission of Commissioner.
- No place, which has never previously been lawfully used as a place for the disposal of the dead and registered as such, shall be opened by any person for the said purpose without the written permission of the Commissioner, who, with the approval of the corporation, may grant or withhold such permission.438. [State] [The word State was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may direct the closing of any place for the disposal of the dead.
439. [State] [The word State was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government may sanction the reopening of places which have been closed for the disposal of the dead.
440. Burials within places of worship and exhumations not to be made without the permission of the Commissioner.
441. Acts prohibited in connection with the disposal of the dead.
- No person shall-441A. Section 90 to 94 of Bombay Police Act to cease to apply to [Brinan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].
- On the date of commencement of the Bombay Municipal Corporation and Bombay Police (Amendment) Act, 1974, the provisions of Sections 90 to 94 (both inclusive), of the Bombay Police Act, 1951 (hereinafter in this section referred to as "the said Act"), shall cease to apply to [Brinan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]:Provided that-441B. Power to establish cattle pounds and appoint pound keepers.
441C. Impounding of cattle.
- It shall be the duty of every Police Officer, and of any municipal officer authorised by the Commissioner in this behalf, and it shall be lawful for any other person, to seize and take to any public pound for confinement therein any cattle found straying in any street or trespassing upon any private or public property.441D. Delivery of cattle claimed.
- Subject to the provisions of section 441-G, if the owner of the cattle impounded under the last preceding section or his agent appears and claims the cattle, the pound keeper shall deliver them to him on payment of the pound fees and expenses chargeable in respect of such cattle under section 441-F.441E. Sale of cattle not claimed.
441F. Rates of pound fees and expenses to be fixed.
441G. Penalty for allowing cattle to stray in street or to trespass upon private or public property.
Chapter XVI
Vital Statistics
Registration of Births and Deaths442. Appointment of Registrars.
- For the purpose of registering births and deaths, the Commissioner shall divide [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] into such and so many districts and sub-districts as he shall from time to time think fit; and a municipal officer shall be registrar of births and deaths of each such districts.443. Registrars to reside in the respective districts.
444. Register books to be supplied.
- The Commissioner shall provide and supply to the registrars a sufficient number of register books of births and of register books of deaths for the registration of the particulars specified in Schedules N and O, respectively; and the pages of each of the said books shall be numbered progressively from the beginning to the end thereof.445. Registrars to inform themselves of all births and deaths.
446. Information of birth to be given within seven days.
447. Information respecting finding of new-born child to be given.
- In case any new-born child is found exposed, it shall be the duty of any person finding such child and of any person in whose charge such child may be placed to give, to the best of his knowledge and belief, to the registrar or other municipal officer aforesaid, within seven days after the finding of such child, such information of the particulars required to be registered concerning the birth of such child as the informant possesses.448. Officers to be appointed to receive information of deaths at places for disposal of the dead.
449. Information of death to be given at the time when the corpse of the deceased is disposed of.
450. Medical practitioner who attended a deceased person to certify the cause of his death.
451. Preparation of register books of deaths and of mortality returns, etc.
452. Correction of errors in registers of births or deaths.
453. Registration of name of child or of alteration of name.
454. Enumeration of inhabitants.
- At such time and in such manner as shall be directed from time to time by the Commissioner, with the sanction of the corporation and of [the Central Government] [The words 'the Central Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.], an enumeration shall be made of the persons who at the time of making such enumeration shall be within [Brinan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]:Provided always that, one clear month previous to such enumeration being commenced, notice of the intention to make the same, with the date or dates upon or within which it is intended to be made, and all other necessary particulars, shall be given by advertisement in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] and in the local newspapers.455. Commissioner to superintend the enumeration.
- The Commissioner shall superintend the taking of such enumeration, and shall appoint such enumerators or other subordinate officers and make such arrangements generally as may seem to him necessary for the purpose of such enumeration.456. Delivery of blank schedules and returns.
- Each enumerator or other subordinate officer appointed under the last preceding section shall, agreeably to his instructions leave at such building or place or residence, within his district, four days at least before the time appointed for the collection of the completed returns or census, a blank schedule or return, of such form and containing such particulars as [the Central Government] [The words 'the Central Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.] may approve, to be duly filled up and signed by the owner, tenant or principal occupant of the said building or place of residence.457. Obligation to fill up blank schedules and returns.
458. Occupier to amend returns, if found, defective.
- If any, enumerator or other subordinate officer employed in the collection of such schedules or returns shall find any of the same defective or in any respect improperly filled in, he may return the same to the occupant of the building or residence to which the same relates, together with a written notice requiring that the same be duly filled in or amended within a period of forty-eight hours.459. Military, naval and police officers and certain others, if required, to act as enumerators.
460. Returns houseless persons.
- The Commissioner shall obtain, by such means as shall appear to him best adapted for the purpose and as shall be sanctioned by [the Central Government] [The words 'the Central Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in council.], returns of the particulars required for the purpose of the census with respect to all houseless persons, and all persons who during the said night preceding the day to be appointed for the making of such enumeration were on outdoor night duty, or for any other reasons were not abiding in any building of which account is to be taken by the enumerators.[Chapter XVI-A] [The Chapter containing sections 460A to 460PP was inserted by Bombay 48 of 1948, Section 40.] The [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]The operation of the undertaking and the construction and maintenance of works460A. Management of Undertaking by General Manager.
460B. Power of access to works.
460C. Power of carrying, renewing and repairing works.
460D. [* * *] [Sections 460D and 460E were deleted by Maharashtra 10 of 1998, Section 200.]
460E. [* * *] [Sections 460D and 460E were deleted by Maharashtra 10 of 1998, Section 200.]
460F. Reservation of power over streets of Bombay Gas Co. Ltd.
- Nothing in this Chapter shall affect the powers of the Bombay Gas Company, Ltd., under the provisions of the Gas Companies Act, 1863, to take up any of the streets traversed by the tramway of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] for the purpose for which they may lawfully take up the same:Provided that -460G. Restriction on building and other acts interfering with works of the undertaking.
460H. Levy of fares and charges for transport services [and penalty for failure to pay proper fares and excess charges.] [These words were added by Maharashtra 42 of 1976, Section 12(b).]
460I. Levy of charges for electricity.
- Charges shall be leviable for the supply of electrical energy by the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] at such rates as may from time to time be fixed, subject to the provisions of any enactment for the time being in force and of any licence granted to the corporation thereunder; by the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Member-in-Charge' by Maharashtra 27 of 1999, Section 168, (w.e.f. 23-4-1999).] with the approval of the corporation.460J. [* * *] [Section 460J was deleted by Maharashtra 10 of 1998, Section 204.]
Contracts entered into for the purposes of the undertaking460K. Making of contracts.
- With respect to the making of contracts for the purposes of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] (including contracts relating to the acquisition and disposal of immovable property or any interest therein, or any right thereto) the following provisions shall have effect, namely : -460L. Mode of executing contracts.
460M. Tenders to be invited for contracts involving expenditure exceeding [rupees fifty thousand] [These words were substituted for the words and figures 'Rs. 3000' by Maharashtra 10 of 1998, Section 207(c).].
460N. Security to be taken for performance of contracts.
- The General Manager shall require sufficient security for the due performance of every contract into which he enters under section 460M and may, [in his discretion] [These words were substituted for the words 'with the approval of the Member-in-Charge' by Maharashtra 27 of 1999, Section 172, (w.e.f. 23-4-1999).], require security for the due performance of any other contract into which he enters under this Act.Acquisition and disposal of property460O. Acquisition of immovable property by agreement.
460P. Procedure when immovable property cannot be acquired by agreement.
460Q. Provisions governing disposal of municipal property.
- With respect to the disposal of property vesting in the corporation for the purposes of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] the following provision shall have effect, namely: -460R. Schedule of permanent officers and servants to be prepared by General Manager and sanctioned by [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 176, (w.e.f. 23-4-1999).].
460S. Restriction on appointment of permanent officers and servants.
- No permanent officer or servant shall be entertainec in any department of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 176, (w.e.f. 23-4-1999).] unless this office and emoluments are included in the schedule at the time being in force prepared and sanctioned under section 460R.460T. Creation of temporary posts.
460U. Power of appointment in whom to vest.
- Subject to the provisions of sections [80B,] [These figures and letter were inserted by Maharashtra 11 of 1964, Section 9.] 460R and 460T, the power of appointing municipal officers and servants for the purposes of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] shall vest in the General Manager [Brihan Mumbai Electric Supply and Transport Committee, if the posts is equivalent to or higher than the post of Secretary set forth in the schedule sanctioned by the Brihan Mumbai Electric Supply and Transport Committee] [This portion was substituted by Maharashtra 27 of 1999, Section 178, (w.e.f. 23-4-1999).] and the corporation under section 460R [and in the General Manager] [These words were substituted for the words and in the Bombay Electric Supply and Transport Committee' by Maharashtra 12 of 1990, Section 5(b).] in all other cases.460V. [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 179(d), (w.e.f. 23-4-1999).] to frame service regulations.
460W. Power of suspending, punishing and dismissing in whom to vest.
- Every municipal officer and servant appointed under the provisions of this Chapter may be fined, reduced, suspended or dismissed for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct, by the authority by whom such officer or servant is appointed.460X. Leave of absence.
460Y. Acting appointment.
- The appointment of a person to act in the place of an officer or servant appointed under the provisions of this Chapter when absent on leave may be made when necessary, and subject to the regulations aforesaid, by the same authority who grants leave of absence.Revenue and ExpenditureThe [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).]460Z. Constitution of [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).].
- Except as provided in section 460HH all moneys received by or on behalf of the corporation in respect of the operations of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).] shall be credited to a fund, which shall be called the City of [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).], and which shall, subject to the provisions herein contained, be held by the corporation in trust for the purpose of the said undertaking.460AA. General Manager to receive payments on account of [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).] and to lodge them in bank.
- All moneys payable to the credit of the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).] shall be received by the General Manager and shall be forthwith paid into [the State Bank of India] [These words were substituted for the words 'the Imperial Bank of India' by Maharashtra 10 of 1998, Section 217(a).] or such other banks in the city as may be approved by the corporation from time to time in this behalf to the credit of an account which shall be styled the account of the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).]:Provided that the General Manager may, subject to any general or special directions issued by the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Mayor-in-Council' by Maharashtra 27 of 1999, Section 181, (w.e.f. 23-4-1999).], retain such balances in cash as may be necessary for the operations of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).].460BB. [ How [Brihan Mumbai Electric Supply and Transport Fund] [Section 460BB was substituted for the original by Maharashtra 39 of 1961, Section 12.] shall be drawn against.
460CC. Deposit of portion of [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).] may be made with bank or agency out of Bombay when convenient.
- Notwithstanding anything contained in Sections 460AA and 460BB, the General Manager may, with the previous approval 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 183, (w.e.f. 23-4-1999).], from time to time, remit to and deposit with a bank or other agency at any place beyond the city any portion of the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).], and any moneys payable to the credit of the Bombay Electric Supply and Transport Fund or chargeable there-against, which can, in the opinion of the General Manager, be most conveniently paid into or out of the account of the fund at any such bank or agency may be so paid.460DD. Only sums covered by budget grant to be expended from [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted for the words 'Bombay Electric Supply and Transport Fund' by Maharashtra 25 of 1996, schedule (w.e.f. 4.9.1996).].
460EE. Drafts on [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.t. 4.9.1996).] to be checked by [officers of the Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted for the words 'members of the Brihan Mumbai Electric Supply and Transport Committee' by Maharashtra 10 of 1998, Section 221.].
- The [officers of the Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted for the words 'members of the Brihan Mumbai Electric Supply and Transport Committee' by Maharashtra 10 of 1998, Section 221.] shall not sign any cheque under section 460BB without first satisfying themselves that the sum for which such cheque is drawn is either covered by a budget grant as aforesaid or is an item of one of the excepted descriptions specified in the proviso to sub-section (1) of section 460DD.460FF. Procedure when money not covered by budget grant is expended under clause (c) or (d) of the proviso to sub-section (1) of 460DD.
- Whenever any sum is expended by the General Manager under clause (c) or (d) of the proviso to sub-section (1) of section 460DD he shall forthwith communicate the circumstances to the [Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Mayor-in-council' by Maharashtra 27 of 1999, Section 185, (w.e.f. 23-4-1999).] who shall take such action under sub-section (2) of section 133 or recommend to the corporation to take such action as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure.460GG. Purposes for which the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] is to be applied.
- The moneys from time to time credited to the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] shall be applied in payment of all sums, charges and costs necessary for the purposes of acquiring, maintaining, operating and improving the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] and of carrying into effect the provisions of this Chapter, or of which the payment shall be duly directed or sanctioned by or under any of the provisions of this Act, inclusive of-460HH. Institution of [Brihan Mumbai Electric Supply and Transport Staff Benefit Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].
- Fines collected under section 460W, donations from passengers, and the proceeds of the sale of unclaimed lost property recovered from vehicles of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] shall be credited to a separate fund to be called "the [Brihan Mumbai Electric Supply and Transport Staff Benefit Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]" the proceeds of which shall be expended in promoting the well-being of municipal officers and servants appointed under this Chapter and for the payment of compassionate allowances to the widows of such officers and servants who die while in municipal service and to such other relations of the officers and servants as [the Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted for the words 'Member-in-Council' by Maharashtra 27 of 1999, Section 187 (w.e.f. 23-4-1999).] may from time to time determine.460II. Other special funds.
- With the previous approval of the corporation the [the Brihan Mumbai Electric Supply and Transport Committee] [These words were substituted by Maharashtra 27 of 1999, Section 188, (w.e.f. 23-4-1999).] may direct that any portion of the [Brihan Mumbai Electric Supply and Transport Fund] [These words were substituted by Maharashtra 25 of 1996, (w.e.f, 4.9.1996).] may from time to time be credited to a separate heading in the accounts maintained under section 460MM, provided that there shall be credited and debited to such special heading such sums only as shall expressly relate to the object for which a special fund is so created.Disposal of Balances460JJ. Investment of surplus moneys.
460KK. Fixed annual payment to municipal fund.
460LL. Disposal of surplus balance of revenue.
460MM. Accounts of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]
460NN. Preparation of annual administration report and statement of accounts.
460OO. Power of police to regulate traffic on streets.
- Nothing in this Chapter shall limit the powers of any police officer to regulate the passage of any traffic along or cross any street along or across which any tramways are laid down and the police officer may exercise his authority as well on as off the tramway, and with respect as well to the traffic of the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).] as to the traffic of other persons.460PP. Right of public to use streets on which tramway is laid.
- No carriages with flange-wheels or wheels suitable only to run on a grooved rail, except those belonging to the [Brihan Mumbai Electric Supply and Transport Undertaking] [These words were substituted by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], shall be entitled to pass along a tramway, but, subject to this provision, nothing in this Act shall take away or abridge the right of the public to pass along or across every or any part of any street along or across which any tramway is laid whether on or off the tramway, with carriages not having flange-wheels or wheels suitable only to run on a grooved rail.Chapter XVII
By-Laws
461. [By-laws for purposes other than the [Brihan Mumbai] [This marginal note was substituted for the original by Bombay 48 of 1948, Section 41.] Electric Supply and Transport Undertaking].
- The corporation may from time to time make by-laws, not inconsistent with this Act, with respect to the following matters, namely:-461A. [ By-laws for purposes of [Brihan Mumbai Electric Supply and Transport Undertaking] [This section was inserted by Bombay 48 of 1948, Section 42.].
462. Punishment may be imposed for breach of by-laws.
- In making a by-law under [section 461 or 461A] [These words, figures and letter were substituted for the original words by Bombay 48 of 1948, Section 43.], the corporation may provide that a breach of it shall be punishable with fine which may extend to [two thousand rupees] [ These words were substituted for the words five hundred rupees by Maharashtra 10 of 1998, Section 232(a).] and, in the case of a continuing breach with fine which may extend to [one hundred rupees] [These words were substituted for the words 'twenty rupees' by Maharashtra 10 of 1998, Section 232(b).] for every day, after conviction for the first breach or after receipt of written notice from the Commissioner to discontinue the breach, during which the breach continues.463. By-laws to be confirmed by Central or [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government, as the case may be.
- No by-law [* * *] [The words made under either of the two last preceding sections , were omitted by the Adaptation of Indian Laws Order in Council.] shall have any validity unless and until it is confirmed [in the case of a by-law made under clause(s) of section 461, by the Central Government, and in the case of any other by-law, by the [State] [The words, figures, letter and brackets 'in the case of a by-law made under clause(s) of section 461, by the Central Government, and in the case of any other by-law, by the Provincial Government' were substituted for the words by 'Government' by the Adaptation of Indian Laws Order in Council.] Government].464. Commissioner to draft by-laws before the corporation for their consideration.
- It shall be the duty of the Commissioner from time to time to lay before the corporation for their consideration a draft of any by-law [which he shall think] [These words were substituted for the words 'approved by the Mayor-in-Council' which is considered by Maharashtra 27 of 1999, Section 193, (w.e.f. 23-4-1999).] necessary or desirable for the furtherance of any purpose of this Act.465. Hearing by corporation of objections to proposed by-laws.
466. Proposed by-laws to be open to public inspection.
467. By-laws confirmed by Central or [State] [This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950.] Government to be published in the [Official Gazette.] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.]
- When any by-law has been confirmed [by the Central or the [State] [The words 'by the Central or the Provincial Government, as the case may be were substituted for the words by Government' by the Adaptation of Indian Laws Order in Council.] Government, as the case may be], it shall be published in the [Official Gazette.] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.] and thereupon shall have the force of law.468. Printed copies of by-laws to be kept on sale.
469. Boards for exhibiting by-laws to be open to inspection and not to be injured.
469A. [ Application of sections 466, 468 and 469 to by-laws under section 461A. [This section was inserted by Bombay 48 of 1948, Section 44.]
- In regard to by-laws made or required or proposed to be made under section 461A, the provisions of sections 466, 468 and 469 shall apply as if for the word 'Commissioner' the words 'General Manager' had been substituted, and as section 468 had provided for the display of the relevant by-laws in every vehicle of the [Brihan Mumbai Electric Supply and Transport Undertaking] used for the conveyance of the public.]470. Central or [ [State] [The words 'Provincial Government' were substituted for the words 'Governor-in-Council' by the Adaptation of Indian Laws Order in Council.] Government], as the case may be, may repeal by-laws.
Chapter XVIII
Penalties
471. [ Certain offences punishable with fine. [Section 471 was substituted for the original section by Bombay 5 of 1905, Section 58.]
- Whoever-| [Sr.No. [Table was substituted by Maharashtra 24 of 2006, Section 3 (w.e.f. 18-7-2006)] | Section, sub-section or clause | Subject | Fine which may be imposed | Minimum fine which shall be imposed |
| (1) | (2) | (3) | (4) | (5) |
| 1. | Section 149 | Notice to be given of transfer of title | Two thousand rupees | Five hundred rupees |
| 2. | Section 150 | Requisition to produce instrument of transfer | Two thousand rupees | Five hundred rupees |
| 3. | Section 152 | Notice to be given of the erection of new building, etc. | Two thousand rupees | Five hundred rupees |
| 4. | Section 191A, sub-section (3) | Return to be forwarded by an owner or person in charge of adog. | One thousand rupees | Two hundred fifty rupees |
| 5. | Section 191H | Return to be submitted by person liable to theatre tax. | Two thousand and Five hundred rupees | Five hundred rupees |
| 6. | Section 223, sub-section (1) | Building, etc., not to be erected without permission overdrains. | Five thousand rupees | One thousand rupees |
| 7. | Section 229 | Connections, with municipal drains, etc., not to be madeexcept in conformity with section 227 or 228. | Five thousand rupees | One thousand rupees |
| 8. | Section 229A, sub-section (1) | Buildings, etc., not to be erected without permission overdrains | Five thousand rupees | One thousand rupees |
| 9. | Section 230A | Owner of land to allow others to carry drains through theland. | Two thousand and Five hundred rupees | Five hundred rupees |
| 10. | Section 231 | Requisition to enforce drainage of undrained premisessituated within a hundred feet of a municipal drain | Two thousand and Five hundred rupees | Five hundred rupees |
| 11. | Section 232 | Requisition to enforce drainage of undrained premises notsituated within a hundred feet of a Municipal drain. | Two thousand and Five hundred rupees | Five hundred rupees |
| 12. | Section 233, sub-section (1), clause (b) | Direction limiting use of drain or notice requiring theconstruction of a distinct drain. | Two thousand and Five hundred rupees | Five hundred rupees |
| 13. | Section 233A, clause (b) | Drains for sole use of properties to be maintained in goodrepair, etc. by owner or occupier of the property. | Two thousand and Five hundred rupees | Five hundred rupees |
| 14. | Section 234 | New buildings not to be erected without drains. | Fine not to be exceed five thousand rupees | .... |
| 15. | Section 235 | Excrementitious matter not to be passed into cesspool. | Five thousand rupees | One thousand rupees |
| 16. | Section 236 | Owners of drains to allow use thereof, or joint ownershiptherein, to others, | Two thousand and five hundred rupees | Fifty hundred rupees |
| 17. | Section 240 | Drains not to pass beneath buildings. | Ten thousand rupees | Two thousand rupees |
| 18. | Section 241 | Provisions as to position of cesspools. | Ten thousand rupees | Two thousand rupees |
| 19. | Section 243, sub-section (2) | Requisition to cover or ventilate drain or cesspool. | Two thousand and five hundred rupees | Five hundred rupees |
| 20. | Section 246A, sub-section (1) | Water closets and privies not to be constructed withoutpermission or in contravention of terms prescribed. | Ten thousand rupees | Two thousand rupees |
| 21. | Section 247 | Buildings newly erected or re-erected to be provided withwater closet and other accommodation. | Ten thousand rupees | Two thousand rupees |
| 22. | Section 248, sub-section (1) | Requisition to enforce provision of privy accommodation, etc. | Ten thousand rupees | Two thousand rupees |
| 23. | Section 249 | Requisition to provide privy accommodation for factories,etc. | Ten thousand rupees | Five thousand rupees |
| 24. | Section 249A | Requisition respecting unhealthy privies. | Ten thousand rupees | Two thousand rupees |
| 25. | Section 250, sub-section (1). | Provisions as to privies. | Two thousand rupees | Five hundred rupees |
| 26. | Section 251, proviso | Provisions as to water closets | Two thousand rupees | Five hundred rupees |
| 27. | Section 251A | Provisions as to privies and water-closets | Ten thousand rupees | Two thousand and five hundred rupees |
| 28. | Section 251B | Provisions as to use of places for bathing or washing clothesor domestic utensils. | Two thousand and five hundred rupees | Five hundred rupees |
| 29. | Section 257 | Requisition to effect sanitary repairs etc. | Two thousand and five hundred rupees | Five hundred rupees |
| 30. | Section 259A, sub-sections (1) and (4) | Provisions as to employment of licensed plumber and use ofwork | Ten thousand rupees | Two thousand rupees |
| 31. | Section 259A, sub-sections (2) and (3) | Licensed plumber to give and sign certificate. | Two thousand and five hundred rupees | Five hundred rupees |
| 32. | Section 268, sub-section (1) | Building, etc., not to be erected over water main withoutpermission. | Five thousand rupees | One thousand rupees |
| 33. | Section 269, sub-section (3) | Water not to be carried away from public water supply forsale, and not to be carried in cask, etc., without permission. | Five thousand rupees | Five hundred rupees |
| 34. | Section 270, sub-section (2) | Public water supply set apart for particular purpose not tobe used for other purpose. | Five thousand rupees | One thousand rupees |
| 35. | Section 270A | Premises not to be occupied without Commissioner'scertificate in respect of adequate water supply. | Ten thousand rupees | Two thousand rupees |
| 36. | Section 271, sub-section (2) | Requisition to obtain private water supply and to providesupply and distributing pipes, etc. | Ten thousand rupees | Two thousand rupees |
| 37. | Section 272, sub-section (1) | Provisions as to making and renewing of connections withmunicipal water works. | Ten thousand rupees | Two thousand rupees |
| 38. | Section 272, sub-section (5) | Provision as to unauthorised connections with municipal waterworks, etc. | Two thousand and five hundred rupees | Five hundred rupees |
| 39. | Section 274 | Requisition to provide cistern and putting of means of accessto any cistern. | Two thousand and five hundred rupees | Five hundred rupees |
| 40. | Section 274A | Requisition to provide for keeping cisterns locked. | Two thousand and five hundred rupees | Five hundred rupees |
| 41. | Section 275 | Supply or distributing pipes, etc., to be kept in efficientrepair by owner or occupier of premises. | Two thousand and five hundred rupees | One thousand rupees |
| 42. | Section 278, sub-section (2) | Requisition to remedy defect in meter (supply or distributingpipes), etc. | Five thousand rupees | Five hundred rupees |
| 43. | Section 280 | Conditions as to use of water not to be contravened. | Five thousand rupees | One thousand rupees |
| 44. | Section 282 | Prohibition of fraudulent and unauthorised use of water | Five thousand rupees | One thousand rupees |
| 45. | Section 2878 sub-section (1) | Work under Chapter X to be done by licensed plumber | Ten thousand rupees | Two thousand rupees |
| 46. | Section 287B sub-section (2) | Name of licensed plumber to be furnished. | One thousand rupees | Two hundred and fifty rupees |
| 47. | Section 297, sub-section (3) | Construction of building, within the regular line of streetwithout permission. | Twenty-five thousand rupees | Five thousand rupees |
| 48. | Section 304, sub-section (1) | Land not to be appropriated for building and private streetsnot to be laid out until expiration of notice nor Otherwise thanin accordance with Commissioner's direction. | Twenty-five thousand rupees | Five thousand rupees |
| 49. | Section 305 | Requisition as to levelling and draining of private streets. | Five thousand rupees | One thousand rupees |
| 50. | Section 308, sub-section (1) | Prohibition of projections upon streets, etc. | Ten thousand rupees | Two thousand rupees |
| 51. | Section 308, sub-section (2) | Requisition to remove the same. | Ten thousand rupees | Two thousand rupees |
| 52. | Section 309, sub-section (1) | Requisition to remove or alter projections, etc., made beforeAct III of 1872 came into force. | Ten thousand rupees | Two thousand rupees |
| 53. | Section 311 | Ground floor doors, etc., not to open outwards on streets. | One thousand rupees | Two hundred rupees |
| 54. | Section 312 sub-section (1) | Prohibition of structures or fixtures causing obstruction instreets. | Ten thousand rupees | Two thousand rupees |
| 55. | Section 313, sub-section (1) | Prohibition of deposits, etc., of things in streets. | Two thousand rupees | Two hundred and fifty rupees |
| 56. | Section 313A | Prohibition of hawking articles for sale in a public place orstreet without a licence. | Two thousand and five hundred rupees | Five hundred rupees |
| 57. | Section 313B | Prohibition in a public place or street, of use of skill inhandicraft or in rendering services without licence. | Two thousand and five hundred rupees | Five hundred rupees |
| 58. | Section 315 | Requisition to remove structures or fixtures erected or setup before section 312 came into force. | Five thousand rupees | One thousand rupees |
| 59. | Section 316, sub-section (1) | Prohibition of the tethering of animals in public streets. | One thousand rupees | Two hundred rupees |
| 60. | Section 319, sub-section (2) | Direction to close street in which work is in progress. | Two thousand and five hundred rupees | Five hundred rupees |
| 61. | Section 321, sub-section (2) | Shoring-timber fence, etc., employed to secure public safetywhile Municipal works are in progress, not to be removed. | Two thousand and five hundred rupees | Five hundred rupees |
| 62. | Section 322, sub-section (1) | Street not to be opened or broken up and building materialsnot to be deposited thereon without permission. | Two thousand and five hundred rupees | Five hundred rupees |
| 63. | Section 323 | Precautions for public safety to be taken by persons to whompermission is granted under section 322. | Two thousand and five hundred rupees | Five hundred rupees |
| 64. | Section 324, sub-section (1) | Persons to whom permission is granted under section 322 mustreinstate street. | Two thousand and five hundred rupees | Five hundred rupees |
| 65. | Section 325 | Provision to be made by persons to whom permission is grantedunder section 322 for traffic, etc., when their works interrupt. | Ten thousand rupees | Two thousand rupees |
| 66. | Section 326 | Hoards to be set up during work on any building adjacent to astreet. | Two thousand and five hundred rupees | Five hundred rupees |
| 67. | Section 327 sub-section (2) | Name of street and number or sub-number of premises or partthereof not to be destroyed or defaced. | One thousand rupees | Two hundred rupees |
| 68. | Section 328, sub-section (1) | Skysigns not to be erected or retained without permission. | Five thousand rupees | One thousand rupees |
| 69. | Section 328A, sub-section (1) | Advertisements on certain sites, vehicles, etc., not to beexhibited without permission. | Five thousand rupees | One thousand rupees |
| 70. | Section 329, sub-section (1) | Requisition to repair, protect or enclose dangerous place. | Two thousand and five hundred rupees | Five hundred rupees |
| 71. | Section 331 | Prohibition of removal etc., of lamps. | Five thousand rupees | One thousand rupees |
| 72. | Section 333, sub-sections (1), (2) and (3) | Provision as to manner of laying gas-pipes. | Ten thousand rupees | Two thousand rupees |
| 73. | Section 334, sub-section (1) | Requisition to alter situation of gas-pipes, etc. | One thousand rupees | Two hundred rupees |
| 74. | Section 335, sub-section (1) | Buildings, etc., not to be erected without permission overmunicipal gas-pipes. | Five thousand rupees | One thousand rupees |
| 75. | Section 344A | Provision for supervision of buildings and works. | Ten thousand rupees | .... |
| 76. | Section 347, sub-section (1) | Work not to be commenced without notice. | Fifty thousand rupees | Ten thousand rupees |
| 77. | Section 347A | Building not to be converted to other purposes without thepermission of the Commissioner. | Ten thousand rupees | .... |
| 78. | Section 347B | Building or any part of a building originally constructed orauthorised to be used for human habitation not to be used as agodown etc., without permission. | Twenty thousand rupees | Five thousand rupees |
| 79. | Section 347C | Building originally constructed or authorised to be used forhuman habitation not to be altered without permission for thepurpose of using it as a godown, etc. | Twenty-five thousand rupees | Five thousand rupees |
| 80. | Section 349 | Roofs and external wails of buildings not to be made ofinflammable articles. | Twenty thousand rupees | Four hundred rupees |
| 81. | Section 349A and 3498 | Provision as to height of buildings. | Twenty thousand rupees | Four thousand rupees |
| 82. | Section 349C | Provision as to height of frame buildings. | Fifty thousand rupees | Ten thousand rupees |
| 83. | Section 349D | Alteration and provision of staircase to allow safe exit inthe event of fire. | Twenty thousand rupees | Four thousand rupees |
| 84. | Section 353 | Provision for enforcement of provisions concerning buildingsand walls. | Fifty thousand rupees | Ten thousand rupees |
| 85. | Section 353A | Provision as to completion certificates | Twenty-five thousand rupees | Five thousand rupees |
| 85A. [ [Section 85A was inserted by Maharashtra 6 of 2009, Section 3, dated 14-1-2009.] | Section 353B | Provisions as to Structural Stability Certificate | Twenty-five thousand rupees or the amount equal to propertytax of the building, fora period of one year. whichever is higher | Twenty-five thousand rupees or the amount equal to propertytax of the building for a period of one year, whichever ishigher] |
| 86. | Section 354AA, sub-section (7) | Erection or re-erection of any building in contravention ofthe declaration. | Twenty thousand rupees | Four hundred rupees |
| 87. | Section 354RK sub-section (8) | Construction or re-construction of building within anyre-development area without permission. | Ten thousand rupees | Two thousand rupees |
| 88. | Section 356 | Regulations prescribed for licensed surveyors and plumbers. | One thousand rupees | Two hundred rupees |
| 89. | Section 357 | Licensed plumber not to demand or receive more than theprescribed fee. | One thousand rupees | Two hundred rupees |
| 90. | Section 358 | Licensed plumber to be bound to execute work properly. | One thousand rupees | Two hundred rupees |
| 91. | Section 368 Sub-sections (1), (2), (3) and (4) | Collection removal and deposit of refuse and provision ofreceptacles. | Ten thousand rupees | Two hundred and fifty rupees |
| 92. | Section 370 | Collection, and removal of excrementitious and pollutedmatter to be provided for by occupier in certain cases. | One thousand rupees | Two hundred and fifty rupees |
| 93. | Section 371 | Halalkhore's duties in certain cases not to be discharged byprivate individuals without permission. | Five hundred rupees | One hundred rupees |
| 94. | Section 372, clauses (a), (b), (C), (d), (e)and (f). | Provision as to removal of refuse. | Two thousand and five hundred rupees | Five hundred rupees |
| 95. | Section 372, clause (g) | Provision as to removal and skinning of carcasses. | Five thousand rupees | One thousand rupees |
| 96. | Section 375 | Requisition to cleanse and lime wash building. | Five thousand rupees | One thousand rupees |
| 97. | Section 375A | Requisition to remove building materials, etc., from anypremises. | Five thousand rupees | One thousand rupees |
| 98. | Section 376 | Prohibition of nuisance, in unoccupied or abandoned premises. | Five thousand rupees | One thousand rupees |
| 99. | Section 377 | Requisition to cleanse, etc., neglected premises. | Five thousand rupees | One thousand rupees |
| 100. | Section 377A sub-sections (1) and (2) | Requisition to abate nuisance or to prevent recurrence due toieakage in the roofs of buildings. | Two thousand and five hundred rupees | Five hundred rupees |
| 101. | Section 378, sub-section (2) | Provision as to buildings unfit for human habitation. | Five thousand rupees | One thousand rupees |
| 102. | Section 379 | Owner or occupier of a house within seven days of receipt ofnotice, to give statement of accommodation. | Five thousand rupees | One thousand rupees |
| 103. | Section 379A, sub-section (1) | Requisition by Metropolitan Magistrate to abate overcrowding. | Two thousand rupees | Four hundred rupees |
| 104. | Section 379A, sub-section (3) | Requisition by owner pursuant to order under sub-section (1). | Two thousand rupees | Four hundred rupees |
| 105. | Section 380 | Requisition to remove or alter insanitary huts. | Two thousand and five hundred rupees | Five hundred rupees |
| 106. | Section 381 | Requisition to fill in pools, etc., which are a nuisance. | Ten thousand rupees | Two thousand rupees |
| 107. | Section 381A, sub-section (1) | Digging or constructing well, etc., without permission. | Five thousand rupees | Two thousand rupees |
| 108. | Section 381A sub-section (2) | Requisition to fill in or demolish well, etc. | Ten thousand rupees | Two thousand rupees |
| 109. | Section 381B | Prohibitions of mosquito breeding in collection of water onany land. | Ten thousand rupees | Two thousand rupees |
| 110. | Section 382 | Requisition to discontinue dangerous quarrying | Ten thousand rupees | Two thousand rupees |
| 111. | Section 383 sub-section (1) | Requisition to remove or trim trees, shrubs or hedges. | One thousand rupees | Two hundred rupees |
| 112. | Section 384, sub-section (1) | Prohibitions as to keeping of animals. | Two thousand and five hundred rupees | Five hundred rupees |
| 113. | Section 384A | Requisition to discontinue, etc., stabling animals or storinggrains, etc., in dwelling house. | Two thousand and five hundred rupees | Five hundred rupees |
| 114. | Section 385 sub-section (2) | Prompt notice to be given to Health Department for removal ofcarcasses of dead animals without authorisation of theCommissioner. | One thousand rupees | One hundred rupees |
| 115. | Section 388, clauses (e), (f) and (g) | Prohibition of bathing, etc., contrary to order orregulation. | Five thousand rupees | Two hundred fifty rupees |
| 116. | Section 390, sub-section (1) | Factory, etc., not to be newly established or worked withoutpermission. | Fifty thousand rupees | Ten thousand rupees |
| 117. | Section 390, sub-section (3) | Prohibition of continuous or resumption of working offactory, etc., after revocation of written permission for itsestablishment. | Fifty thousand rupees | Ten thousand rupees |
| 118. | Section 392, sub-section (1) | Requisition for sanitary regulation of factories. | Twenty-five thousand rupees | Five thousand rupees |
| 119. | Section 393, sub-section (1) | Prohibition of use of steam whistle, etc., withoutpermission. | One thousand rupees | Two hundred rupees |
| 120. | Section 394, sub-section (1) clauses (a) (ii) and (b) to (f) | Certain articles not to be kept and certain trades, processesand operations not to be carried on without licence. | Twenty-five thousand rupees | Five thousand rupees |
| 121. | Section 394, sub-section (6) | Licence to be kept on premises, board to be displayedindicating nature of articles kept or trade carried on and properlabels to be put on licensable articles. | Two thousand and five hundred rupees | Five hundred rupees |
| 122. | Section 395, sub-section (1) | Prohibition of corruption of water by chemicals, etc. | Twenty thousand rupees | Four thousand rupees |
| 123. | Section 397, sub-section (1) | Regulation of washing of clothes by washermen. | Two thousand rupees | Four hundred rupees |
| 124. | Section 401, sub-section (1) | Prohibition of sale in Municipal market without licence. | Two thousand and five hundred rupees | Five hundred rupees |
| 125. | Section 402, sub-section (2) | New private market not to be opened without sanction. | Fifty thousand rupees | Ten thousand rupees |
| 126. | Section 403, sub-section (1) | Private market or slaughter house not to be kept or permittedto be kept open without licence. | Ten thousand rupees | Two thousand rupees |
| 127. | Section 404 | Prohibition of sale in unauthorised private markets. | One thousand rupees | Two hundred fifty rupees |
| 128. | Section 405 | Requisition to pave and drain private market, buildings andslaughter houses. | Five thousand rupees | One thousand rupees |
| 129. | Section 406 | Regulations framed for markets and slaughter houses. | One thousand rupees | Two hundred and fifty rupees |
| 130. | Section 407A | Removal of cattle, sheep, goats or swine from any municipalslaughter-house market or premises. | One thousand rupees | Five hundred rupees. |
| 131. | Section 408, sub-section (2) | Regulations and table of stallage, fees and rents affixed inmarkets and slaughter houses not to be destroyed or defaced. | Five hundred rupees | One hundred rupees |
| 132. | Section 410, sub-section (1) | Prohibition of sale of animals, etc., except in a market. | Two thousand and five hundred rupees | Five hundred rupees |
| 133. | Section 411 | Butchers and persons who sell or supply flesh of animal to belicensed. | Ten thousand rupees | Two thousand rupees |
| 134. | Section 412A | Milk, butter, etc., not to be sold without a licence. | Two thousand and five hundred rupees | Five hundred rupees |
| 135. | Section 421 | Information to be given of existence of dangerous disease orcontinuous pyrexia of unknown origin by medical practitioners. | Five thousand rupees | One thousand rupees |
| 136. | Section 423, sub-section (2) | Prohibition of use for drinking of water likely to causedangerous disease. | Five thousand rupees | One thousand rupees |
| 137. | Section 424. sub-section (2) | Direction to remove patients to hospital | Five thousand rupees One thousand rupees | |
| 138. | Section 425, sub-section (1) | Requisition to disinfect buildings. | Five thousand rupees | One thousand rupees |
| 139. | Section 426A, sub-section (1) | Second-hand clothing and bedding not to be brought into citywithout informing the Commissioner and getting them inspected. | Ten thousand rupees | Two thousand rupees |
| 140. | Section 426A, sub-section (4). | Second-hand clothing and bedding brought into city not to bedealt with or disposed of until a certificate by the Commissionerhas been given. | Ten thousand rupees | Two thousand rupees |
| 141. | Section 427, sub-section (2) | Where a place for washing of infected articles has beenappointed such articles not to be washed at places not soappointed. | Two thousand and five hundred rupees. | Five hundred rupees |
| 142. | Section 427, sub-section (3). | Direction to disinfect or destroy infected articles. | Two thousand and five hundred rupees. | Five hundred rupees |
| 143. | Section 428, sub-section (1) | Persons suffering from dangerous disease not to enter apublic conveyance without notifying the same. | One thousand two hundred fifty rupees | Two hundred and fifty rupees |
| 144. | Section 430 | Provision as to carriage of persons suffering from dangerousdisease in public conveyances. | Ten thousand rupees | Two thousand rupees |
| 145. | Section 431 | Public conveyance which has carried a person suffering fromdangerous disease to be disinfected. | Ten thousand rupees. | Two thousand rupees |
| 146. | Section 432, sub-section (1) | Infected articles not to be transmitted, etc., withoutprevious disinfection. | Ten thousand rupees. | Two thousand rupees |
| 147. | Section 433, sub-section (1) | Infected building not to be let without being firstdisinfected. | Ten thousand rupees. | Two thousand rupees |
| 148. | Section 435 | Places for the disposal of the dead to be registered. | Five thousand rupees. | One thousand rupees |
| 149. | Section 437 | New places for disposal of the dead not to be opened withoutpermission. | Twenty-five thousand rupees | Five thousand rupees |
| 150. | Section 440, sub-section (1) | Prohibition of burials within places of worship andexhumations without permission. | Ten thousand rupees. | Two thousand rupees |
| 151. | Section 441 | Acts prohibited in connection with the disposal of the dead. | Five thousand rupees. | One thousand rupees |
| 152. | Section 446, sub-section (1) | Information of birth to be given within seven days. | Two thousand and five hundred rupees | Five hundred rupees |
| 153. | Section 447 | Information respecting finding of new-born child to be given. | Two thousand and five hundred rupees | Five hundred rupees |
| 154. | Section 449 | Information of death to be given at the time when the corpseof the deceased is disposed of. | Two thousand and five hundred rupees | Five hundred rupees |
| 155. | Section 450, sub-section (1) | Medical practitioner who attended a deceased person tocertify the cause of death. | Two thousand and five hundred rupees | Five hundred rupees |
| 156. | Section 457 | Obligation to fill up blank schedules and returns. | One thousand rupees | Two hundred rupees |
| 157. | Section 459 | Military, naval and police officers and certain others ifrequired, to act as enumerators. | One thousand rupees | Two hundred rupees |
| 158. | Section 469, sub-section (1) | Boards for exhibiting by-laws to be open to inspection. | One thousand rupees | Two hundred rupees |
| 159. | Section 469, sub-section (2) | Boards not to be injured or defaced, etc. | Five hundred rupees | One hundred rupees |
| 160. | Section 479, sub-section (5) | Grantee to be bound to produce licence or written permission | One thousand rupees | Two hundred rupees |
| 161. | Section 485A Sub-section (2) | Requisition to furnish information as to nature of interestin any premises. | One thousand rupees | Two hundred rupees |
| 162. | Section 507, sub-section (3) | Occupier of building or land to afford owner facilities forcomplying with provisions of this Act, etc., after eight daysfrom issue of order by Chief Judge of Small Causes Court. | Ten thousand rupees | Two thousand rupees] |
472. [ Continuing offences. [Section 472 was substituted for the original section by Bombay 5 of 1905, Section 58.]
- Whoever, after having been convicted, of-| [Sr. No. [This table was substituted by Maharashtra 24 of 2006, Section 3 (w.e.f. 18.7.2006)] | Section, sub-section or clause | Subject | Daily fine which may be imposed | Minimum daily fine which shall be imposed |
| (1) | (2) | (3) | (4) | (5) |
| 1. | Section 223 sub-section (1) | Buildings, etc., not to be erected without permission overmunicipal drains. | One thousand rupees | Two hundred rupees |
| 2. | Section 229 | Connections with municipal drains, etc., not to be madeexcept in conformity with section 227 or 228. | One thousand rupees | Two hundred rupees |
| 3. | Section 229A sub-section (1) | Buildings, etc., not to be erected without permission overany drain. | One thousand rupees | Two hundred rupees |
| 4. | Section 230A | Owner of land to allow to carry drains through the land. | Five hundred rupees | One hundred rupees |
| 5. | Section 231 | Requisition to enforce drainage of undrained premisessituated within a hundred feet of a municipal drain. | Five hundred rupees | One hundred rupees |
| 6. | Section 232 | Requisition to enforce drainage of undrained premises notsituated within a hundred feet of a municipal drain. | Five hundred rupees | One hundred rupees |
| 7. | Section 233, sub-section (1) clause (b) | Direction, limiting the use of drain or notice requiring thecon struction of a distinct drain. | Five hundred rupees | One hundred rupees |
| 8. | Section 233A, clause (b) | Drain for sole use of property to be maintained in goodrepair, etc., by owner or occupier of property. | Five hundred rupees | One hundred rupees |
| 9. | Section 236 | Owners of drains to allow use or joint ownership thereof byothers. | Five hundred rupees | One hundred rupees |
| 10. | Section 240 | Drains not to pass beneath buildings. | One thousand rupees | Two hundred rupees |
| 11. | Section 243, sub-section (2) | Requisition to cover or ventilate drain or cesspool. | Five hundred rupees | One hundred rupees |
| 12. | Section 248, sub-section (1) | Requisition to enforce the provision of privy accommodation,etc. | Five hundred rupees | One hundred rupees |
| 13. | Section 249 | Requisition to provide privy accommodation for factories,etc. | Two thousand rupees | Five hundred rupees |
| 14. | Section 249A | Requisition respecting unhealthy privies. | Two thousand rupees | Five hundred rupees |
| 15. | Section 250, sub-section (1) | Provisions to privies. | Five hundred rupees | One hundred rupees |
| 16. | Section 251 | Provision as to water closets | Five hundred rupees | One hundred rupees |
| 17. | Section 257 | Requisition to effect sanitary repairs, etc. | One thousand rupees | Two hundred rupees |
| 18. | Section 259A, sub-sections (1) and (4) | Provisions as to employment of licensed plumber and use ofwork. | Five thousand rupees | One thousand rupees |
| 19. | Section 259A, sub-sections (2) and (3). | Licensed plumber to give and sign certificate. | One thousand rupees | Two hundred rupees |
| 20. | Section 268, sub-section (1) | Building, etc., not to be erected over water main withoutpermission. | One thousand rupees | Five hundred rupees |
| 21. | Section 270A | Premises not to he occupied without Commissioner'scertificate in respect of adequate water supply. | Five thousand rupees | One thousand rupees |
| 22. | Section 271, sub-section (2) | Requisition to obtain private water supply and to providesupply and distributing pipes, etc. | One thousand rupees | Two hundred rupees |
| 23. | Section 274 | Requisition to provide cisterns and fittings or means ofaccess to any cisterns. | One thousand rupees | Two hundred rupees |
| 24. | Section 297 sub-section (3). | Buildings not to be constructed within the regular line ofstreet without permission. | Ten thousand rupees | Three thousand rupees |
| 25. | Section 305 | Requisition as to levelling and draining of private streets. | One thousand rupees | Two hundred rupees |
| 26. | Section 312 sub-section (1) | Prohibition of structures or fixtures causing obstruction instreets | Two thousand rupees | Five hundred rupees |
| 27. | Section 313, sub-section (1) | Prohibition of deposit, etc., of things in streets. | Two thousand rupees | Five hundred rupees |
| 28. | Section 313A | Prohibition of hawking or expOsing for sale any article in apublic place or street without a licence. | Five hundred rupees | One hundred rupees |
| 29. | Section 313B | Prohibition in a public place or street of use of skill inhandicraft or in rendering services without licence. | Five hundred rupees | One hundred rupees |
| 30. | Section 315 | Requisition to remove structures or fixtures erected or setup before section 312 came into force. | One thousand rupees | Two hundred rupees |
| 31. | Section 322, sub-section (1) | Streets not to be opened or broken up and building materialsnot to be deposited thereon without permission. | Five thousand rupees | One thousand rupees |
| 32. | Section 323 | Precautions for public safety to be taken by persons to whompermission is granted under section 322. | Five thousand rupees | One hundred rupees |
| 33. | Section 324 sub-section (1) | Persons to whom permission is granted under section 322, mustreinstate streets. | One thousand rupees | Two hundred rupees |
| 34. | Section 326 | Hoards to be set up during work on any building adjacent to astreet. | Two thousand rupees | Five hundred rupees |
| 35. | Section 328, sub- section (1) | Sky-signs not to be erected or retained without permission. | One thousand rupees | Four hundred rupees |
| 36. | Section 328A, sub-section (1) | Advertisement on certain sites, vehicles, etc., not to beexhibited without permission. | One thousand rupees | Two hundred rupees |
| 37. | Section 329, sub-section (1) | Requisition to repair, protect or enclose dangerous place. | One thousand rupees | Five hundred rupees |
| 38. | Section 334, sub-section (1) | Requisition to alter situation of gas pipes, etc. | One thousand rupees | Two hundred rupees |
| 39. | Section 335, sub-section (1) | Building, etc., not to be erected without permission overmunicipal gas pipes. | One thousand rupees | Two hundred rupees |
| 40. | Section 347, sub-section (1) | Work not to be commenced without notice. | Fifteen thousand rupees | Three thousand rupees |
| 41. | Section 347B | Building or any part of a building originally constructed orauthorised to be used for human habitation not to be used as agodown, etc., without permission. | Ten thousand rupees | Three thousand rupees |
| 42. | Section 347C | Budding originally constructed or authorised to be used forhuman habitation not to be altered without permission for thepurpose of using it as a godown, etc. | Ten thousand rupees | Three thousand rupees |
| 43. | Section 349 | Roof and external walls of buildings not to be of inflammablematerial. | One thousand rupees | Two hundred rupees |
| 44. | Sections 349A and 349B | Provisions as to height of buildings | Ten thousand rupees | Two thousand rupees |
| 45. | Section 349C | Provisions as to height of frame buildings. | Ten thousand rupees | Two thousand rupees |
| 46. | Section 349D | Alteration and provision of staircases to allow safe exit inthe event of fire. | Two thousand rupees | Five hundred rupees |
| 47. | Section 353A | Provision as to completion certificates; permission to occupyor use. | Ten thousand rupees | Two thousand rupees |
| 48. | Section 354AA, sub-section (7) | Erection or re-erection of any building in contravention ofthe declaration. | Ten thousand rupees | Two thousand rupees |
| 49. | Section 354RK, sub-section (8) | Construction or re-construction of building within anyre-development area without permission. | Ten thousand rupees | Three thousand rupees |
| 50. | Section 358 | Licensed plumber to be bound to execute work properly. | One thousand rupees | Two hundred rupees |
| 51. | Section 368, sub-sections (1), (2), (3), (4) and (5). | Collection, removal and deposit of refuse and provision ofreceptacles. | One thousand rupees | Two hundred rupees |
| 52. | Section 372 | Provision to removal of refuse. | One thousand rupees | Two hundred rupees |
| 53. | Section 375 | Requisition to cleanse and lime- wash building. | Five hundred rupees | One hundred rupees |
| 54. | Section 375A | Requisition to remove building materials, etc., from anypremises. | One thousand rupees | Two hundred rupees |
| 55. | Section 377 | Requisition to cleanse, etc., the neglected premises. | Five hundred rupees | One hundred rupees |
| 56. | Section 377A sub- sections (1) and (2) | Requisition to abate or to prevent recurrence of leakage inthe roofs of buildings. | Two thousand rupees | Five hundred rupees |
| 57. | Section 379 | Owner or occupier of house to give statement of accommodationwithin seven days of receipt of notice. | Two thousand rupees | Five hundred rupees |
| 58. | Section 379A sub-section (1) | Requisition by Metropolitan Magistrate to abate overcrowding. | Two thousand rupees | Four hundred rupees |
| 59. | Section 379A, sub-section (3) | Requisition by owner pursuant to order under sub-section (1) | Two thousand rupees | Four hundred rupees |
| 60. | Section 380 | Requisition to remove or alter insanitary hut. | Five hundred rupees | One hundred rupees |
| 61. | Section 381 | Requisition to fill in pools, etc., which are nuisance. | Two thousand rupees | Five hundred rupees |
| 62. | Section 381-A, sub-section (2) | Requisition to fill in or demolish well, etc. | Two thousand rupees | Five hundred rupees |
| 63. | Section 381-B | Prohibition of mosquito-breeeding in collection of water onany land. | Two thousand rupees | Five hundred rupees |
| 64. | Section 382 | Requisition to discontinue dangerous quarrying | Ten thousand rupees | Two thousand rupees |
| 65. | Section 383, sub-section (1). | Requisition to remove or trim trees, shrubs or hedges. | Five hundred rupees | One hundred rupees |
| 66. | Section 384, sub-section (1) | Prohibition as to the keeping of animals. | One thousand rupees | Two hundred rupees |
| 67. | Section 384-A | Requisition to discontinue, etc. stabling animals in dwellinghouses. | Two thousand rupees | Five hundred rupees |
| 68. | Section 390, sub-section (1) | Prohibition of working of factory, etc., established withoutwritten permission. | Fifty thousand rupees, | Ten thousand rupees |
| 69. | Section 390, sub-section (3) | Prohibition of continuance or resumption of working offactory, etc., after revocation of written permission for itsestablishment. | Fifty thousand rupees, | Ten thousand rupees |
| 70. | Section 392, sub-section (1) | Requisition for sanitary regulation of factories, etc. | Ten thousand rupees, | Three thousand rupees |
| 71. | Section 394, sub-section (1), clauses (a)(ii) and (b) to (f) | Certain articles not to be kept and certain trades, processesand operations not be carried on, without licence. | Twenty thousand rupees | Four thousand rupees |
| 72. | Section 394, sub-section (b) | Licence to be kept on the premises, board to be displayedindicating nature of articles kept or trade carried on and properlabels to be put on articles, etc. | Two thousand rupees | Five hundred rupees |
| 73. | Section 395, sub-section (1) | Prohibition of corruption of water by chemicals, etc. | Fifty thousand rupees | Ten thousand rupees |
| 74. | Section 397, sub-section (1) | Regulation of washing of clothes by washermen. | One thousand rupees | Two hundred rupees |
| 75. | Section 403, sub-section (1) | Private markets not to be kept or permitted to be kept openand no place to be used or permitted to be used as slaughterhouse, without licence. | Five thousand rupees | One thousand rupees |
| 76. | Section 405 | Requisition to pave and drain private market buildings, andslaughter houses. | Five thousand rupees | One thousand rupees |
| 77. | Section 411 | Butchers and persons who sell or supply the flesh of animalsto be licensed | One thousand rupees | Two hundred rupees |
| 78. | Section 412A | Milk, butter, etc., not to be sold without a licence. | One thousand rupees | Two hundred rupees |
| 79. | Section 425, sub-section (1) | Requisition to disinfect buildings | One thousand rupees | Two hundred rupees |
| 80. | Section 426A, sub-section (1) | Second-hand clothing and bedding not to be brought into citywithout informing the Commissioner and getting them inspected. | Ten thousand rupees | Two thousand rupees |
| 81. | Section 426A sub-section (4) | Second-hand clothing and bedding brought into city not to bedealt with or disposed of until a certificate by the Commissionerhas been given. | Ten thousand rupees | Two thousand rupees |
| 82. | Section 479, sub-section (5) | Grantee to be bound to produce licence or written permission | One thousand rupees | Two hundred rupees |
| 83. | Section 485A, sub-section (2) | Requisition to furnish information as to nature of interestin any premises. | One thousand rupees | Two hundred rupees |
| 84. | Section 507, sub-section (3) | Occupier of building or land to afford facilities to theowner for complying with provisions of this Act, etc., aftereight days from issue of order by the Chief Judge, Small CausesCourt. | Five thousand rupees | One thousand rupees.] |
473. Offences punishable under the Penal Code.
- Whoever contravenes any provision of any of the sections, sub-sections or clauses of this Act hereinbelow in this section mentioned or of any regulation made thereunder, and whoever fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, shall be deemed to have committed an offence punishable under the sections of the Indian Penal Code hereinbelow in this section respectively specified as the section of the said Code under which such person shall be punishable, namely:| Sections of this Act | Sections of the Indian Penal Code under which offenders arepunishable | |||
| [* * * * * * * *] [Entry relating to sections 19(5) and (5A) was deleted by Maharashtra 8 of 1965, Section 18] | ||||
| 28, clause(j) | .. | .. | .. | 177. |
| 155, sub-sections (1) and (2), 187 | .. | .. | .. | 176 or 177, as the case may be. |
| [* * * *] [Entry '158 sub-section (3)-177' deleted by Maharashtra 11 of 2009, Section 52, dated 13-4-2009 (w.e.f. 1-4-2010).] | ||||
| 388, clauses (a), (b), (c) and (d), 389 | .. | .. | .. | 277. |
| 434, sub-section (1) | .. | .. | .. | 188. |
473A. [ Punishment for offences of preparing false election rolls or making false entries in ward lists. [This section was inserted by Bombay 13 of 1938, Section 30(3).]
- Any officer or servant of the Corporation who knowingly prepares or makes an entry in the list of persons qualified to be enrolled which is incorrect or false shall, on conviction, be punishable with imprisonment of either description which may extend to six months or with fine which may extend to Rs. 500.]474. Punishment for acquiring share or interest in contract etc., with the corporation.
- Any councillor who knowingly acquires, directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the corporation, not being a share or interest such as, under section 16, it is permissible for a councillor to have, without being thereby disqualified for being a councillor, and any commissioner, [Director,] [This word was inserted by Maharashtra 53 of 1981, Section 18.] Deputy Commissioner, municipal officer or servant who knowingly acquires directly or indirectly, any share or interest in any contract or employment with, by or on behalf of the corporation, not being a share or interest such as, under clauses (h) and (k) of section 16, it is permissible for a councillor to have, without being thereby disqualified for being a councillor, shall be deemed to have committed the offence made punishable by section 168 of the Indian Penal Code.474A. [ Penalty for obstructing lawful exercise of powers under Chapter V-A. [Section 474A was inserted by Maharashtra 14 of 1961, Section 10.]
- Any person who obstructs the lawful exercise of any power conferred by or under Chapter. V-A, shall, on conviction, be punished with fine which may extend to [two thousand rupees, subject however, to a minimum fine which shall not be less than one thousand rupees.]]475. Punishment of offences against section 267
475A. [ Punishment for commencing work contrary to section 347. [Section 475A was inserted by Maharashtra 10 of 1998, Section 237.]
475B. [ Punishment for failure to take action under section 351 or 354A. [Section 475B and 475C were inserted by Maharashtra 2 of 2012, Section 7 dated 13-3-2012.]
- Where it has been brought to the notice of. the Designated Officer that erection of any building or execution of any such work as is described in section 342, is commenced contrary to the provisions of section 342 or 347 or is otherwise unlawfully commenced or is being unlawfully carried on and if such Designated Officer has failed, without sufficient reasons, to take action as provided under section 351 or 354A, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to twenty thousand rupees, or with both.475C. Compounding of certain offences.
476. Punishment of offences against section 391.
- Whoever contravenes any provision of section 391, whether the person so offending be the owner or occupier of the premises in which a furnace is situated or the agent or some person employed by the owner or occupier for managing the same, shall be punished with fine which may extend, on a first conviction, to [five hundred rupees, subject, however, to a minimum fine which shall not be less than two hundred rupees] [These words were substituted for the words 'one hundred rupees' by Maharashtra 21 of 1989, Section 58.] and, on a second or subsequent conviction, to a sum equal to double the amount to which it might have extended on the last preceding conviction.476AA. [ Punishment for keeping certain dangerous articles without licence in prohibited areas. [Section 476AA was substituted for the original by Maharashtra 21 of 1989, Section 59.]
- Whoever contravenes [clause (a)(i)] of sub-section (1) of section 394 or section 394A shall, on conviction, be punished with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees:Provided that in the absence of special and adequate reasons to the contrary mentioned in the judgment of Court, such imprisonment shall not be less than six months and such fine shall not be less than one thousand rupees.]476AB. [ Punishment for forfeiture of articles for contravention of section 394(1)(a) or 394A. [Section 476AB was inserted by Maharashtra 32 of 1962, Section 6.]
- When a person is convicted of an offence of contravention of any provisions of clause (a) of sub-section (1) of section 394 or of section 394A the Court may, in addition to any other punishment it may impose, direct that the articles in respect of which the offence has been committed shall, with the receptacles containing the same, be forfeited.]476A. [ Punishment for using or permitting to be used without licence any place in or without [Brihan Mumbai] [Section 476A and 476B were inserted by Bombay 64 of 1953, Section 21.] as slaughter house.
- Whoever contravenes any provisions of clause (b) or (c) of sub-section (1) of section 433 shall, on conviction, be punished,476B. [ Punishment for importing cattle, etc. in [Brihan Mumbai] [Sections 476A, and 476B were inserted by Bombay 64 of 1953, Section 21.].
- Whoever contravenes any provisions of sub-section (1) of section 412 shall, on conviction, be punished,477. Extent of penal responsibility of agents and trustees of owners.
- No person, who receives the rent of any premises in any capacity described in sub-clauses (i), (ii) and (iii) of clause (m) of section 3, shall be liable to any penalty under this Act for omitting to do and act as the owner of such premises if he shall prove that his default was caused by his not having funds of, or due to the owner sufficient to defray the cost of doing the act required.[478 to 478-1B. [Deleted by Maharashtra Act No. 42 of 2017, dated 29.5.2017.]***.]| 478. [ Punishment for offence relating to octroi. [Section 478, 478-1A and 478-1B were substituted for section 478 by Maharashtra 32 of 1964, Section 18.]- Whoever brings within the limits of[Brihan Mumbai]any articles liable to octroi without the payment of such tax shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both; and the Court trying an offence under this section may, on such conviction, also confiscate the articles in respect of which the offence has been committed.478-1A. Penalty for evasion of octroi.- Where any articles imported into[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).]are liable to the payment of octroi, any person who, with the intention of evading payment of the tax introduces or attempts to introduce or causes or abets the introduction of any such articles within the limits of[Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).], upon which payment of octroi due on such introduction has neither been made nor tendered, shall, on conviction, be punished with fine[which shall not be less than five times but] [These words were inserted by Maharashtra 12 of 1993, Section 7.]which may extend to ten times the amount of the tax payable.[478-1AA. Compounding of offence of evasion of octroi. [Section 478-1AA was inserted by Maharashtra 28 of 2012, Section 3, (w.e.f. 20-12-2012).]- (1) The Commissioner or an officer not below the rank of Assistant Commissioner authorised in this regard by the Commissioner, may, by an order, either before or after institution of the proceedings, compound any offence regarding evasion of octroi, punishable under section 478-1A, on payment of an amount equal to ten times the amount of octroi payable in addition to the payment of amount of octroi.(2) When an offence has been compounded under sub-section (1), no further proceedings shall be taken against the accused person in respect of the offence compounded and any proceedings if already taken, shall stand abated, and the accused person, if in custody, shall be discharged.]478-1B. Penalty for breach of octroi rules.- Whoever contravenes any provisions of the rules made under section 195-1B or fails to comply with any requisition lawfully made under any such provision shall, on conviction, be punished, for each such offence, with fine which may extend to two hundred and fifty rupees.] |
478A. [ [Section 478A and Section 478B were deleted by Maharashtra 12 of 1993, Section 8.]
Deleted.]478B. [ [Section 478A and Section 478B were deleted by Maharashtra 12 of 1993, Section 8.]
Deleted.]Chapter XIX
Procedure
Licences479. Licences and written permission to specify condition etc., on which they are granted.
480. Public notices how to be made known.
- Whenever it is provided by this Act that public notice shall or may be given of anything, such public notice shall be in writing under the signature of the Commissioner [or the General Manager] [These words were inserted by Bombay 48 of 1948, Section 46(i).] or of a municipal officer empowered under section [68 or 68B] [These figures, word and letter were substituted for the figures '68' by Bombay 48 of 1948, Section 46(11).] to give the same and shall be widely made known in the locality to be affected thereby affixing copies thereof in conspicuous public places within the said locality, or by publishing the same by beat of bataki or by advertisement in the local newspapers, or by any two or more of these means and by any other means that he shall think fit.481. Advertisements how to be made.
- Whenever it is provided by this Act that notice shall be given by advertisement in the local newspapers or that a notification or any information shall be published in the local newspapers such notice, notification or information shall be inserted if practicable, in at least two English newspapers, one Marathi newspaper and one Gujarati newspaper published in [Brihan Mumbai] [These words were substituted for the words 'Greater Bombay' by Maharashtra 25 of 1996, (w.e.f. 4.9.1996).].482. Consent, etc. of [Commissioner, General Manager, etc.] [These words were substituted for the original by Bombay 48 of 1.948, Section 47.] may be proved by written document under his signature.
- Whenever under this Act the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of [the Commissioner or the General Manager] [These words were substituted for the original by Bombay 48 of 1.948, Section 47.], [or the Director] [These words were inserted by Maharashtra 53 of 1981, Section 19(a).] or of a Deputy Commissioner or any municipal officer, a written document signed by [the Commissioner or the General Manager] [These words were substituted for the original by Bombay 48 of 1.948, Section 47.] [or Director] [These words were inserted by Maharashtra 53 of 1981, Section 19(b).] or by such Deputy Commissioner or municipal officer, purporting to convey or set forth his consent, approval, declaration, opinion or satisfaction shall be sufficient, evidence of such consent, approval, declaration, opinion or satisfaction.Service of notices, etc.483. Notice, etc. by whom to be served or presented.
- Notices, bills, schedules, summonses and other such document required by this Act or by any regulation or by law made under this Act to be served upon or issued, or presented or given to any person, shall be served, issued or presented or given by municipal officers or servants or by other person authorised by [the Commissioner or the General Manager] [These words were substituted for the original by Bombay 48 of 1948, Section 47.] in this behalf.484. Service how to be effected on owners of premises and other persons.
- When any notice, bill, schedule, summons or other such document is, required by this Act, or by any regulation or by-law made under this Act, to be served upon or issued or presented to any person such service, issue or presentation shall except in the cases otherwise expressly provided for in section 485, be effected-485. Service on "owner or occupier" of premises how to be effected.
- When any notice, bill, schedule, summons or other such document is required by this Act, or by any regulation or by-law made under this Act, to be served upon or issued or presented to the owner or occupier of any building. or land, shall not be necessary to name the owner or occupier therein, and the service, issue or presentation thereof shall be effected, not in accordance with the provisions of the last preceding section but as follows, namely:485A. [ Power of Commissioner to call for information as to ownership of premises. [Section 485A was inserted by Bombay 34 of 1954, Section 29.]
486. The [four] [This word was substituted for the word 'three' by Bombay 34 of 1954, Section 30.] last sections inapplicable to Magistrate's summonses.
- Nothing in the [four] [This word was substituted for the word 'three' by Bombay 34 of 1954, Section 30.] last preceding sections applies to any summons issued under this Act by a Magistrate.486A. [ Service of bills for taxes by post. [Section 486A was inserted by Bombay 20 of 1952, Section 20.]
- Notwithstanding anything contained in sections 483, 484 and 485,487. Signature on notices, etc. may be stamped.
488. Commissioner, etc. may enter any premises for purposes of inspection, survey or execution of necessary work.
- The Commissioner [or General Manager] [These words were inserted by Bombay 48 of 1948, Section 49.] may enter into or upon any building or land, with or without assistants or workmen, in order to make any inspection or survey or to execute any work which is authorised by this Act or by any regulation or by-law framed under this Act to be made or executed, or which it is necessary for any of the purposes, or in pursuance of any of the provisions of this Act or of any regulation or by-law, to make or execute:Provided that-488A. Commissioner may evict persons summarily in certain cases.
489. Works, etc. which any person is required to execute may in certain cases be executed by the Commissioner at such person's cost.
| Section 230, sub-section (5) | Section 308, sub-section (2). | |
| Section 231. | Section 309, sub-section (1). | |
| Section 232. | Section 311. | |
| Section 233, clause (b). | Section 315. | |
| Section 223A, clause (b). | Section 325. | |
| Section 243, sub-section (2) | Section 326, sub-section (3). | |
| Section 248, sub-section (1) | [Section 327, sub-section (1) clause (d).] [This entry was inserted by Bombay 2 of 1911, Section 20.] | |
| Section 249A. | [Section 328, sub-section (3).] [This entry was inserted by Bombay 7 of 1921, Section 13.] | |
| Section 257 | [Section 328A, sub-section (3).] [This entry was substituted for the original by Bombay 1 of 1925, Section 28(1)] | |
| Section 271, sub-section (2) | Section 329, sub-section (1) | |
| [Section 272, sub-section (5) [These entries were inserted by Bombay 5 of 1938, Section 43.] | Section 334, sub-section (1) | |
| Section 274, sub-section (1) and (1A). | Section 338, sub-section (2) | |
| Section 274A, sub-section (1) and (2).] | Section 352. | |
| Section 278. | Section 353. | |
| Section 305. | Section 354. | |
| [Section 363, sub-section (1), (2), (3) and (4).] [This entry was substituted for the original by Bombay 1 of 1925, Section 28(1).] | Section 381. | |
| Section 375. | [Section 381A, sub-section (2).] [These entries were inserted by Bombay 5 of 1938, Section 43.] | |
| [Section 375A.] [These entries were added by Bombay 1 of 1925, Section 28(2)] | Section 382. | |
| Section 376. | Section 383, sub-section (1). | |
| Section 377. | Section 392, sub-section (1). | |
| [Section 37A.] [These entries were added by Bombay 1 of 1925, Section 28(2)] | Section 405. | |
| Section 380. | [Section 425, sub-section (1).] [This entry was inserted by Bombay 6 of 1913, Section 11] |