Section 36 in The Mumbai Municipal Corporation Act, 1888
36. 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).](2)[ Where, any proposal of the Commissioner requires sanction or approval of the corporation, the corporation shall consider and dispose of any such proposal within ninety days reckoned from the date of the meeting of the corporation held immediately after the proposal is received by the Municipal Secretary, whether the item pertaining to such proposal is taken on the agenda of such meeting or not, failing which the sanction or approval to such proposal shall be deemed to have been given by the corporation, and a report to that effect shall be made by the Commissioner to the Government and he shall take further action as per the directives of the Government:Provided that, any such deemed sanction or approval shall be restricted to the extent the proposal conforms to the provisions of this Act or any other law for the time being in force.] [Sub-section (2) was added by Maharashtra 32 of 2011, Section 3(b), (w.e.f. 21-5-2011).]
