Section 269 in The Mumbai Municipal Corporation Act, 1888
269. Vesting of public drinking fountains, etc., in the corporation.
(1)All existing public drinking fountains, tanks, reservoirs, cisterns, pumps, wells, ducts and works for the supply of water for the gratuitous use of the inhabitants of the city shall vest in the corporation and be under the control of the Commissioner.(2)The Commissioner may maintain the said works and provide them with water, and, when authorised by [the Corporation] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 105(a) and (b), (w.e.f. 23- 4-1999).] in this behalf, may construct any other such works for supplying water for the gratuitous use of the inhabitants of the city.(3)Provided that water carried away by any of the inhabitants from any such work shall be taken only for his [personal or domestic use and not for the purpose of business or sale] [These words were substituted for the words 'private use and not for sale' by Bombay 5 of 1938, Section 22.], and shall not, except with the written permission of the Commissioner, be carried away in a cask, cart, pakhal or masak.(4)The Commissioner may temporarily, and with the approval of [the Corporation] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 105(a) and (b), (w.e.f. 23-4-1999).] permanently, close any of the said works, either entirely or partially.(5)In case any such work is permanently closed, either entirely or partially, by the Commissioner, the site thereof, or of the portion thereof which is so closed, and the materials of the same may be disposed of as the property of the corporation:Provided that if any such work, which is permanently closed, either entirely or partially, was a gift to the public by some private person, the said site and materials or the proceeds of the sale thereof shall, unless by reason of their value being insignificant or for other sufficient reason [the Corporation] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 105(c), (w.e.f. 23-4-1999).] think fit to otherwise direct, be applied to or towards some local work or public utility bearing the name of such person, or to or towards any such local work which shall be approved by [the Corporation] [These words were substituted for the words 'the Mayor-in-Council' by Maharashtra 27 of 1999, Section 105(c), (w.e.f. 23-4-1999).] and by the heirs or other representatives, if any, of the said person.
