Section 70 in The Mumbai Municipal Corporation Act, 1888
70. Mode of executing contracts.
(1)Every contract entered into by the Commissioner on behalf of the corporation shall be entered into in such manner and form as would bind the Commissioner if such contract were on his own behalf, and may in the like manner and form be varied or discharged:Provided that-(a)where any such contract, if entered into by the Commissioner, would require to be under seal, the same shall be sealed with the common seal of the corporation; and(b)every contract for the execution of any work or the supply of any materials or goods which will involve an expenditure exceeding [fifty thousand rupees] [These words were substituted for the words 'ten thousand rupees' by Maharashtra 10 of 1998, Section 33(a).] shall be in writing and shall be sealed with the common seal of the corporation [in the manner prescribed in sub-section (2)] [These words, brackets, and figure were inserted by Bombay 10 of 1935, Section 2(1).] and shall specify the work to be done or the materials or goods to be supplied, as the case may be, the price to be paid for such work, materials or goods, and, in the case of a contract for work, the time or times within which the same or specified portions thereof shall be completed.(1A)[ Notwithstanding anything contained in proviso (b) to sub-section (1) it shall be lawful for the Commissioner in the case of contracts relating to the execution of any work or the supply of any materials or goods to dispense, by an order in writing, with the execution of a written instrument, if such work has already been performed or the materials or goods have already been supplied to his satisfaction.] [Sub-section (1A) was inserted by Bombay 12 of 1936. Section 4.](2)[ The common seal of the corporation which shall remain in the custody of the Municipal Secretary, shall be affixed in the presence of [any two persons from amongst any two members of the standing committee, Municipal Secretary and any officer, not below the rank of Deputy Municipal Commissioner, as may be authorised by the Commissioner] [Sub-section (2) was substituted for the original sub-section by Bombay 13 of 1933, Section 13.] to every contract or other instrument [(other than contract relating to the acquisition of immovable property or interest therein or a right thereto), require to be under seal] [ These words and brackets were substituted for the words 'other than a contract relating to the acquisition of immovable property or interest therein, or a right thereto' by Bombay 10 of 1935, Section 2(2).] and such contractor instrument shall be signed by [the said two persons] [These words were substituted for the words 'the said two members of the Standing Committee' by Maharashtra 32 of 2011, Section 10(b), (w.e.f. 21-5-2011).] in token that the same was sealed in [their] [This word was substituted for the word 'his' by Maharashtra 27 of 1999, Section 25(b), (w.e.f. 23-4-1999).] presence. [The signatures of [the said two persons] [These words were substituted for the words 'The signature of the Member-in-charge' by Man, 27 of 1999, Section 25(c), (w.e.f. 23-4-1999).]] shall be distinct from the signatures of any witnesses to the execution of any such contract or instrument.][Provided that, in the case of any contract entered into for the purposes of clause (q) of section 61, the seal shall be so affixed in the presence of and contract shall be signed by, two members of the Education Committee [* * *] [ This proviso was inserted by Maharashtra 27 of 1999, Section 25(d), (w.e.f. 23-4-1999).].]
