Section 461 in The Mumbai Municipal Corporation Act, 1888
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:-(a)regulating in any particular not specifically provided for in this Act, the construction, maintenance and control of drains, ventilation shafts or pipes, cesspools, water closets, privies, latrines, urinals, drainage works of every description, whether belonging to the Corporation or to other persons, municipal water works, private communication pipes and other public streets;(b)regulating all matters and things connected with the supply and use of water;(c)the structure of walls, foundations, roofs and chimneys, [the number, width and position of staircases, corridors and passages,] [These words were substituted for the original by Bombay 76 of 1948, Section 28.] [the materials, dimensions and strength of floors and staircase and of all scantilings, girders, posts, and columns] [These words were inserted by Bombay 5 of 1905, Section 56 (1)(b).] of [* * *] [The word new was repealed by Bombay 5 of 1905, Section 56(1)(a).] buildings, for securing stability and the prevention of fires [and the safety of the inmates in the event of fire] [These words were inserted by Bombay 2 of 1911, Section 17(1)(b).] and for purposes of health;(cc)[ the construction of scaffolding for building operations to secure the safety of the operatives and of the general public;] [Clause (cc) was inserted by Bombay 5 of 1905, Section 56(2).](d)the provision and maintenance of sufficient open space, either external or internal, about buildings to secure a free circulation of air, and of other means for the adequate ventilation of buildings;(dd)[ the provision and maintenance of suitable means of access to buildings] [Clause (dd) was inserted by Bombay 5 of 1905, Section 56(3).];(e)the provision and maintenance of house-gullies;(ei)[ collection, removal and disposal of solid waste] [Clause (ei) was inserted by Maharashtra 10 of 1998, Section 231(a).];(f)the control and supervision of all premises, used for any of the purposes mentioned to section 394, and of all trades and manufactures carried on therein [and the prescribing and regulating of the construction, dimensions, ventilation lighting, cleansing, drainage and water supply of any such premises;] [These words were added by Bombay 1 of 1916, Section 12.](g)the inspection of milch cattle, and prescribing and regulating the construction, dimensions, ventilation, lighting, cleansing, drainage and water supply of dairies and cattle-sheds in the occupation of persons following the trade of dairy men or milk sellers;(h)securing the cleanliness of milk stores, milk shops and milk vessels used by such persons for containing milk;(j)requiring notice to be given whenever any milch animal is affected with any contagious disease and prescribing precautions to be taken for protecting milch cattle and milk against infection or contamination;(k)securing the efficient inspection of markets and slaughter houses and of shops in which articles intended for human food are kept or sold;(l)the control and supervision of butchers carrying on business within the city or at a municipal slaughter house outside the city;(m)regulating the use of any municipal market building, market place or slaughter house or any part thereof;(ma)[ regulating the purchase and sale of, and conditions of trading in, agricultural produce [, animals elegant or exotic birds and elegant or exotic fishes (except those animals, birds and fishes prohibited under the Wildlife (Protection) Act, 1972 (53 of 1972) or under any other law for the time being in force)] [This clause was inserted by Bombay 54 of 1955, Section 11.] specified in Schedule JJ in municipal and private markets and establishment of markets for such produce;](n)controlling and regulating the sanitary condition of market and slaughter houses and preventing the exercise of cruelty therein;(nn)[ controlling and regulating the carriage or removal of fish through public streets by fish vendors;] [This clause was inserted by Bombay 76 of 1948, Section 28.](o)[ [* * * * * * *] [This clause was substituted for the original clause by Bombay 4 of 1921, Section 3.](ii)publishing a price current;](oo)[ the licensing of handcarts, other than those exempted from taxation under section 181 or those plying for hire in respect of which licences have been issued under [Bombay Act VI of 1863] [This clause was inserted by Bombay 2 of 1911, Section 17(2).] and the seizure and detention of any such handcarts that have not been duly licensed;](p)regulating the disposal of the dead and the maintenance of all places for the disposal of the dead in good order and in a safe sanitary condition, due regard being had to the religious usages of the several classes of the community;(q)facilitating and securing complete and accurate registration of births and deaths;(r)the registration of marriages;(s)facilitating when requisite, the taking of a census and securing accurate returns;(t)[ regulating delegation of powers and duties of the Standing Committee, the Improvements Committee and the Education Committee to sub-committee] [Clause (t) was substituted by Maharashtra 27 of 1999, Section 192(a), (w.e.f. 23-4-1999).];(u)[ the constitution of Primary Education Consultative Committee appointed under section 39; [These clauses (u) and (v) were substituted for clause (u) by Maharashtra 27 of 1999, Section 192(b), (w.e.f. 23-4- 1999).](v)determining the constitution, powers and duties of any committee which the Corporation may appoint under section 40 or 41];(vv)[ securing the protection of public parks, gardens and open spaces vested in or under the control of the corporation from injury or misuse, regulating their management and the manner in which they may be used by the public and providing for the proper behaviour of persons in them;] [This clause was inserted by Bombay 6 of 1922, Section 32.](w)[ the administration and management of the municipal primary schools and the recognising and aiding of schools for primary education;] [Clause (w) was substituted for the original by Bombay 48 of 1950, Section 72(3).](ww)[ the conditions subject to which a lease of immovable property may be granted at a concessional rent to a Co-operative Housing Society of municipal officers and servants or a public trust for charitable purposes under clause (dd) of section 92;] [Clause (ww) was inserted by Maharashtra 50 of 1981, Section 4(a).](x)[ the management, use and regulation of dwellings constructed for the poorer or working classes under any scheme duly sanctioned under the [City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925;] [These clauses were inserted by Bombay 13 of 1933, Section 36(b).](y)the conditions on which loan shall be advanced and the form of application [for loans under section 354W or 354WA] [These words were substituted for the words 'for the advance of a loan under section 354 W' by Bombay 34 of 1954, Section 26.]; [* * *] [The word 'and' was deleted by Maharashtra 50 of 1981, Section 4(b).](yy)[ the officers and servants of the Corporation who shall be eligible for housing loans and the form of application to be made for such loans under section 354 WBB, the adjoining areas for the purpose of that section and the conditions on which such loans may be granted;] [Clause (yy) was inserted by Maharashtra 50 of 1981, Section 4(c).][yya) regulation of all matters connected with traffic system and traffic demand measures including installation and maintenance of "equipment system". [Clause (yya) was inserted by Maharashtra 11 of 2002, Section 26.]Explanation. - For the purposes of this clause, an "equipment system" means traffic signals and associated equipment like data Communication network, Controllers, central monitoring equipment and all other equipments required for traffic control and enforcement.](z)[ carrying out generally the provisions and intentions of this Act;] [Clause (w) was re-lettered (z) by Bombay 13 of 1933, Section 36(c).][Provided that in the suburbs [or extended suburbs] [This proviso was added by Bombay 7 of 1950, Section 6(1).] or in any part thereof, the corporation shall have the power to impose under bye-laws such special conditions as it may deem fit to impose in respect of matters falling under clauses (a), (b), (c) and (e) of this section and under section 349E].
