Bare Acts Live

The Mumbai Municipal Corporation Act, 1888

Act No. 3 of 1888

MH167

Chapter I

Preliminary

(a) all rules and by-laws made, all notifications published, all orders issued and all licences and permissions granted under any of the said enactments and still in force shall, so far as they are consistent with this Act, be deemed to have been respectively made, published, issued and granted hereunder; and

(b) all debts and obligations incurred, all contracts entered into and all matters and things engaged to be done, by, with or for the municipal corporation before this Act comes into force shall be deemed to have been incurred, entered into or engaged to be done by, with or for the municipal corporation constituted under this Act; and

(c) all rates, taxes and sums of money due to the corporation when this Act comes into force shall be deemed to be due to the corporation under this Act; and

(d) all suits or other legal proceedings, civil, criminal, instituted or which, might but for the passing of this Act have been instituted by or against the corporation or the Commissioner may be continued or instituted subject to the provisions of section 13 of Schedule R as if this Act has not been passed; and

(e) all references made in any Act of the [Governor of Bombay] in Council to any of the said enactments shall be read as if made to this Act to the corresponding portion thereof.

[(a) "the city" means the area specified in Part I of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945;

[(aa) "extended suburbs" means the area specified in Part IV of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945];

(a1) [Brihan Mumbai] means the areas specified in Parts I, II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945 [and on and from the date of commencement of the Bombay Municipal Further Extension of Limits and Schedule BBA (Amendments)] Act, 1956, includes the extended suburbs i.e., the area specified in Part IV of this Schedule]; [specified as the larger urban area in the notification issued in respect thereof under clause (2) of Article 243-Q of the Constitution of India].

(a2) "the suburbs" means the area specified in Parts II and III of Schedule A to the Greater Bombay Laws and the Bombay High Court (Declaration of Limits) Act, 1945];

[(a3) "Backward Class of Citizens" means such classes or parts of or groups within such classes as are declared, from time to time, by the State Government to be Other Backward Classes and Vimukta Jatis and Nomadic Tribes;]

(b) "the corporation" means the Municipal Corporation of [Brihan Mumbai], constituted or deemed to have been constituted under this Act;

[(c)"Councillor" means a person duly elected as a member of the Corporation; and includes a nominated Councillor who shall not have the right,-

(ii) to get elected as a Mayor of the Corporation or a Chairperson of any of the Committees of the Corporation;]

[(cc) "Commission" means the Public Service Commission constituted for the State of Bombay under the Constitution of India;]

(d) "the Commissioner" means the Municipal Commissioner for [Brihan Mumbai] appointed under section 54 and includes [an Additional Municipal Commissioner appointed under sub-section (3) of Section 54 and] an acting Commissioner appointed under sub-section (3) of Section 59;

(e) "Deputy Commissioner" means a Deputy Municipal Commissioner appointed under section 55, [and the Deputy Municipal Commissioner (Improvements) appointed under section 56A] and includes an acting Deputy Commissioner appointed under sub-section (3) of Section 59 [and an additional Deputy Municipal Commissioner appointed under sub-section (1A) of Section 55];

[(ea) "Director" means the Director (Engineering Services and Projects) appointed under section 54A;]

[(eb) "Designated Officer" means an officer designated under sub-section (1) of section 351];

(f) "the Police Commissioner" means the Commissioner of Police [Brihan Mumbai];

[(g) "Education Officer" means the Municipal Education Officer appointed under Section 76A and includes an acting Municipal Education Officer appointed under Section 85];

[(h) "election" means an election to fill a seat or seats of a councillor or councillors under this Act];

[(i) "Assembly constituency" means a constituency provided by law for the purpose of elections to the Maharashtra Legislative Assembly, or any part thereof, which is for the time being comprised in [Brihan Mumbai];

(j) "Assembly roll" means the electoral roll prepared for any Assembly Constituency in accordance with the provisions of the Representation of the People Act, 1950];

(k) "licensed plumber" and"licensed surveyor" means respectively, a person licensed by the Commissioner for the purposes of this Act as a plumber or surveyor under section 355;

[(ka) "Scheduled Castes" means such castes, races or tribes or parts of, or groups within, such castes, races or tribes as are deemed to be Scheduled Castes in relation to the State of Maharashtra under article 341 of the Constitution of India;

(kb) "Scheduled Tribes" means such tribes or tribal communities or parts of or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under article 342 of the Constitution of India;]

(l) "Small Causes Court" means the Court of Small Causes of Bombay;

[(la) "State Election Commission" means the State Election Commission consisting of the State Election Commissioner appointed in accordance with the provisions of clause (I) of article 243-K of the Constitution of India;]

(m) "owner" when used in reference to any premises, means the person who receives the rent of the said premises, or who would be entitled to receive the rent thereof if the premises were let, and includes

(i) an agent or trustee who receives such rent on account of the owner; and

(ii) an agent or trustee who receives the rent of, or is entrusted with, or concerned for, any premises devoted to religious or charitable purposes; and

(iii) a receiver, sequestrate, or manager, appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises;

(n) a person is deemed "to reside" in any dwelling which he sometimes uses, or some portion of which he sometimes uses, though, perhaps, not uninterruptedly, as a sleeping apartment;

(o) the term"public securities" means securities of the [Central Government] and any securities guaranteed by [the Central or any [State] Government], securities of the Bombay Port Trust, securities issued under this Act and any Bombay Municipal debentures or other securities heretofore issued [and any debentures or other securities issued under the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925];

(p) "tax" includes any impost leviable under this Act;

[(pa) "article" in relation to octroi means any goods;]

(q) "vehicle" includes a carriage, cart, van, dray, truck, handcart and wheeled conveyance of any description capable of being used on the streets of the city;

(r) "land" includes and which is [being built upon or is built] upon or covered with water, [benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street];

(s) "building" includes a house, outhouse, stable, shed, but [tank (except tank for storage of drinking water in a building or part of a building)] and every other such structure, whether of masonry, bricks, wood, mud, metal or any other material whatever;

[(sa) "tenement" means a building or a part of a building, other than a temporary building or a part thereof, let or intended to be let or occupied separately;

(sb) "temporary building" means any building which is constructed principally of mud, leaves, grass, cloth, thatch, wood, corrugated iron or asbestos cement sheets or such other material and includes a building of whatever size constructed of whatever material which the Commissioner has allowed to be built as a temporary measure;]

(t) "waterwork" includes a lake, stream, spring, well, pump, reservoir, cistern, tank, [tunnel,] duct, whether covered or open, sluice, main pipe, culvert, engine and any machinery, land, building, or thing for supplying or used for supplying water;

[(u) "drain" includes a sewer, pipe, ditch, channel [tunnel] and any other device for carrying off sewage, offensive matter, polluted water, sullage, waste water, rain water or sub-soil water, and any ejectors, compressed air mains, sealed sewage mains and special machinery or apparatus for raising, collecting, expelling or removing sewage or offensive matter to the sewage outfall];

(v) "house gully" means a passage or strip of land constructed, set apart or utilized for the purpose of serving as a drain of affording access to a privy, urinal, cesspool or other receptacle for filthy or polluted matter, to municipal servants or to persons employed in the cleaning thereof or in the removal of such matter therefrom;

(w) "street" includes any highway and any causeway, bridge, via duct, arch road, lane, footway, square, court, alley or passage, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and has access uninterruptedly for a period of twenty years; and, when there is a footway as well as carriageway in any street, the said term includes, both;

(x) "public street" means any street heretofore levelled, paved, metalled, channelled, sewered or repaired by the corporation and any street which becomes a public street under any of the provisions of this Act; [or which vests, in the corporation as a public street];

(y) "private street" means a street which is not a public street;

[(yy) "trade refuse" means and includes the refuse of any trade, manufacture or business];

(z) "nuisance" includes any act, omission, place, or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smelling or hearing, or which is or may be dangerous to life or injurious to health or property;

(aa) "dangerous disease" means cholera and any endemic, epidemic, or infectious disease by which the life of man is endangered;

(bb) "official year" means the year commencing on the first day of April;

(cc) "public holiday" means a day or other period of time on or during which by an order of [the [State] Government] published in the [Official Gazette] Government offices in the city are closed;

(dd) "sub-section" and"clause" denote, respectively, a sub-section or clause of the section in which the word occurs;

[(ee) "bakehouse" means any place in which are baked bread, biscuits or confectionery, from the baking or selling of which a profit is derived;

(gg) "premises" includes messages, buildings and lands of any tenure, whether open or enclosed, whether built on or not and whether public or private];

[(hh) "a sweetmeat shop" means any premises or part of any premises used for the manufacture, treatment or storing for sale, or for the sale, wholesale or retail, of any ice cream, confections or sweetmeats whatsoever intended, and by whatsoever name the same may be known, and whether the same be for consumption on or outside the premises];

[* * * * * *]

[(ll) "market" includes any place where persons assemble for the sale of, or for the purpose of exposing for sale, meat, fish, fruit, vegetables, animals intended for human food or any other articles of human food whatsoever, with or without the consent of the owner of such place, notwithstanding that there may be no common regulation of the concourse of buyers and sellers and whether or not any control is exercised over the business of or the persons frequenting the market by the owner of the place or any other person;]

[(mm) "the [Brihan Mumbai Electric Supply and Transport Undertaking] means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the corporation for the purpose of providing tramsways, trackless trams or mechanically propelled transport facilities for the conveyance of the public or for the purpose of supplying electrical energy to the public and includes all movable and immovable property and rights vested or vesting in the corporation for the purposes of every such undertaking;

(nn) "the General Manager" means the General Manager of the [Brihan Mumbai Electric Supply and Transport Undertaking] appointed under Section 60A and includes an acting General Manager appointed under Section 60B)].

[(oo) "Wards Committee" means a Wards Committee constituted under section 50TT;

(pp) "Finance Commission" means the Finance Commission constituted in accordance with the provisions of Article 243-I of the Constitution of India;]

[(qq) "Mayor" means the Mayor of the Corporation elected by the elected Councillors from amongst themselves under section 37(1);

(rr) [* * * *];

(ss) [* * * *];

(tt) "prescribed" means prescribed by rules made under this Act.]

[(uu) "area", in relation to the Area Sabha, means an area determined under section 50TU;

(xx) "Secretary of Area Sabha" means the Secretary of the Area Sabha appointed as such by the Corporation from amongst its officers not below the rank of Office Superintendent or for sufficient reasons, from any other suitable class of municipal employees.]

Chapter II

The Municipal Constitution

Municipal Authorities

[Duration of the Corporation: Term of Office of Councillors: Casual Vacancies, etc.]

Qualifications and Disqualifications of Voters and Councillors

[(a-1) has been so disqualified by or under any law,-

(ii) made by the Legislature of the State of Maharashtra; or;]

[(a) has, at any time after the commencement of section 2 of the Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted of an offence punishable under section 153A, or sub-section (2) or (3) of section 505, of the Indian Penal Code:

[(aa) has been removed from the office under section 18-IA and five years have not elapsed from the date of such removal; or]

[(b) has been convicted by a Court in India of any offence involving moral turpitude, unless a period of six years has elapsed since the date of such conviction; or]

[(ba) has more than two children:

(ii) "child" does not include an adopted child or children.]

[(c) having been adjudged or re-adjudged an insolvent, is under any disqualification imposed by section 103A of the Presidency-towns Insolvency Act, 1909; or section 73 of the Provincial Insolvency Act, 1920; or]

(d) is the Commissioner [the Director or a Deputy Commissioner] or a Municipal Officer or servant, or a licensed surveyor or plumber [or a member of a firm of which a licensed surveyor or plumber is a member]; or

(e) is the Chief Judge of the Small Cause Court or is acting in that capacity; or

[(ee) fails to pay any arrears of any kind due by him (otherwise than as, a trustee) to the corporation within three months after a special notice in this behalf has been served upon him; or]

(f) has directly or indirectly, by himself or his partner, any share or interest in any contract or employment with, by or on behalf of the corporation; [or]

[(fa) having been elected a Councillor, during his term of office as Councillor, has directly or indirectly, by himself or his partner, any share or interest in any lease including any leave or licence (but excluding any official residence provided by the Corporation), sale or purchase of land or any agreement for the same, by or on behalf of the Corporation; or]

[(ff) having been elected a councillor is retained or employed in any professional capacity either personally or in the name of a firm in which he is a partner or with whom he is engaged in a professional capacity in connection with any cause or proceeding in which the corporation or the Commissioner is interested or concerned:

[(g) is a Member of the State Legislature or of Parliament:

(i) a municipal pensioner shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation by reason only of his pension;

(ii) a person shall not be deemed to have any share or interest in any employment with, by or on behalf of the corporation by reason only of any relation of his being employed with, by or on behalf of the corporation, as an officer or servant, thereof.]

Election of Councillors

(a) [The State Election Commissioner] shall provide printed forms of nomination papers and any person entitled to vote at the election shall be supplied, at any time, within seven days previous to the day fixed for the election [and upto 4 p.m. on the date of election,] with as many such forms as may be required, free of charge;

(b) each nomination papers must state the name, abode and description of the candidate in full, and be subscribed by two persons entitled to vote at the election as proposer and seconder, [land must bear the signature of the nominated in token of his willingness to be so nominated;]

(c) every nomination paper subscribed [and signed] as aforesaid must be delivered at the [the office of the State Election Commissioner] before five o'clock in the afternoon of the day fixed for the election;

[(d) each candidate must be nominated by a separate nomination paper, and a candidate may be nominated by more than one nomination paper, but any person entitled to vote shall not subscribe, whether as proposer or seconder, more than one nomination paper;]

[(dd) if any person subscribes more than one nomination paper, the nomination paper or papers received after receipt of the first nomination paper shall be invalid;]

(e) if any person nominated

[(i) is not qualified to be elected as a councillor under section 14, or]

[(ii) has not made or caused to be made the deposit referred to in sub-section (1) of section 26A, or]

(iii) is disqualified for being a councillor for any of the reasons set forth in section 16,

(f) if there is no valid nomination, it shall be deemed that no councillor has been elected and proceedings for filling the vacancy or vacancies shall be taken under section 34;

[* * * * * *]

[(h) if there is only one valid nomination, the person nominated shall be deemed to be elected;]

[(j) if the number of valid nomination exceeds one, the election of councillor shall be made from among the persons nominated, and such election shall be termed 'a contested election':

(k) if, when two or more ward elections are held simultaneously different wards, any person is deemed, under [* *] clause (h), to be elected a councillor for more than one ward, he shall within twenty-four hours after receipt of written notice thereof from [the State Election Commissioner], choose, by writing signed by him and delivered to [the State Election Commissioner] or, in his default, [the State Election Commissioner] shall, when the time for choice has expired, declared for which one of those wards he shall serve. The choice or declaration so made shall be conclusive, and such person's nomination for the ward or wards for which he is not to serve shall be deemed to be null and void;

(l) if, when ward elections are held as aforesaid, any person who is deemed under [* *] clause (h), to be elected a councillor for any one or more wards, has also been duly nominated for anyone or more wards for which the number of nomination exceeds that of the vacancies, he shall within twenty-four hours after receipt of written notice thereof from [the State Election Commissioner] choose, by writing signed by him and delivered to [the State Election Commissioner] whether he shall serve for the ward, or for any one of the wards for which he is elected or will stand as a candidate at the contested election or elections for the other ward or wards. In this default, [the State Election Commissioner] shall, when the time for choice has expired, declared that he shall serve for the ward or for someone of the wards for which he is elected, and his nomination for any other ward shall be deemed to be null and void. If such a person chooses, by writing as aforesaid, to stand as a candidate at the contested election or elections, his nomination for the ward or wards for which he is elected shall be deemed to be null and void. Any choice or declaration made under this clause shall be conclusive.

(a) the candidate is declared or is deemed to be duly elected, or

[(b) the candidate signifies in writing to [to an officer of the State Election Commissioner] not latter than [three days] after the day of election his intention not to contest the election, or]

(c) the nomination of the candidate is declared invalid, or

(d) the candidate dies, [* * * *] after the security of nomination papers and before the commencement of the poll [* * *] [* * *] or

(e) the candidate fails to be elected but secures [* * * *] valid votes in excess of the number specified in sub-section (4).

(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as megaphone or a loudspeaker, or

(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof,

Appointment of Councillor by [State] Government

Proceedings of the Corporation

[(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;

(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] 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] 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.]

(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] upon a notice of less than three [clear days and of adjourned meeting] 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] and shall be given by the municipal secretary by advertisement in the local newspapers [* * * *];

(k) any councillor who desires at any meeting to bring forward any business [other than any question under section 66A] 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:

(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] 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;]

(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:

(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] 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] 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]; 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];

(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] 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:"

(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;]

[(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.]

[Mayor]

[Honoraria, fees and allowances]

Committees

(b) The members who shall retire one year after the Standing Committee is constituted under section 43 shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.

(c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office:

(d) The term of office of the Chairman of the Education Committee as a member of the Standing Committee shall continue so long as he continues as such Chairman.

(a) there shall be a meeting of the Standing Committee once a week and at such other times as shall be found necessary;

(b) the first meeting of each Standing Committee shall be held on a day and at a time 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; and at every such time as the said committee, from time to time, determine;

(c) the Chairman of the Standing Committee shall, upon a written requisition signed by the Commissioner, call a special meeting of the said Committee within twenty-four hours of the transaction of any business which, in the opinion of the Commissioner, cannot be delayed until the next ordinary meeting of the said Committee;

(d) no business shall be transacted at a meeting of the Standing Committee unless at least nine members are present from the beginning to the end of such meeting;

(e) every meeting of the Standing Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting, and, if the Chairman absent, by such one of the members present as may be chosen by the meeting to the Chairman for the occasion;

(f) every question shall be decided by a majority of votes of the members of the Standing Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;

(g) subject to any bye-laws in this behalf made under clause (t) of section 461, the Standing Committee may, from time to time, by a specific resolution in this behalf, delegate any of their powers or duties to sub-committees consisting of such members of the said committee not less in number than three on each sub¬committee as they think fit; and any sub-committee so formed shall conform to any instructions that may, from time to time, be given to them by the Standing Committee and the said committee may at any time discontinue or alter the constitution of any sub-committee so formed;

(h) a sub-committee may elect a Chairman of their meetings, and if no such Chairman is elected or if he is not present at the time appointed for holding any meeting, the members of the sub-committee, present shall choose one of their member to be chairman of such meeting;

(i) sub-committees may meet and adjourn as they think proper, but the chairman of the standing committee may, whenever he thinks fit, and shall, upon the written request of not less than two members of a sub-committee, call a special meeting of such sub-committee;

(j) questions at any meeting of a sub-committee shall be decided by a majority of votes of the members present and, in case of an equality of votes, the Chairman of the meeting shall have a second or casting vote, but no business shall be transacted at any such meeting unless at least two-thirds of the members of the sub-committee are present from the beginning to the end thereof;

(k) a minute shall be kept by the municipal secretary of the names of the members present and of the proceedings at each meeting of the Standing Committee and at each sub-committee's meetings in a book to be provided for this purpose, which shall he signed at, and by the presiding authority of the next ensuing meeting;

(l) a member of the Standing Committee shall not vote or take part in the discussion before the said committee or before any sub-committee of any matter 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, of section 16 or in which he is professionally interested on behalf of a client, principal or other persons;

(m) the Commissioner or where the Commissioner is unable to attend owing to absence or illness or for any other reasonable cause whatsoever, the Director or a Deputy Commissioner, shall have the same right of being present at a meeting of the Standing Committee and of taking part in the discussions thereat as a member of the said Committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting; but when required by the Standing Committee or the Chairman of that Committee the Commissioner shall himself attend the meeting of the Standing Committee, unless he is prevented from doing so on account of absence, illness or any other reasonable cause.

(C) Improvements Committee

(b) The members who shall retire one year after the Improvements Committee is constituted under section 49B shall be selected by lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.

(c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in office:

(a) there shall be a meeting of the Improvements Committee once a month, and at such other times as shall be found necessary;

(b) the first meeting of the Improvements Committee shall be held on a day and at a time to be fixed by the Mayor, and if not held on that day shall be held on some subsequent day to be fixed by the Mayor; and every subsequent meeting of the Improvements Committee shall be held on such day and at such time as the committee may, from time to time, determine;

(c) the Chairman of the Improvements Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner or by not less than four members of the Committee, call a special meeting of the said committee within forty-eight hours for the transaction of any business;

(d) no business shall be transacted at a meeting of the Improvements Committee unless at least nine members are present from the beginning to the end of such meeting;

(e) every meeting of the Improvements Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting and, if the Chairman is absent, by such one of the members present as may be chosen by meeting to be Chairman for the occasion;

(f) every question shall be decided by a majority of votes of the members of the Improvements Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;

(g) a minute shall be kept by the municipal secretary of the names of the member present and of the proceedings as each meeting of the Improvements Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting;

(h) a member of the Improvements committee shall not vote or take part in the discussion before the said committee or before any sub-committee of any matter 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, of section 16 or in which he is professionally interested on behalf of a client principal or other person;

(i) the Commissioner or the Deputy Municipal Commissioner (Improvements), or, in the absence of the latter, the Director or a Deputy Commissioner when authorised by the Commissioner in this behalf shall have the same right of being present at a meeting of the Improvements Committee and of taking part in the discussions thereat as a member of the said Committee, but he shall not be at liberty to vote upon, or make, any proposition at such meeting;

(j) any member of the Improvements Committee who absents himself during three successive months from the meeting 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 meetings of the Committee during eight successive months from any cause whatever, whether approved by the Committee or not shall cease to be a member and his office shall thereupon be vacant.

(b) The members who shall retire one year after the Brihan Mumbai Electric Supply and transport Committee is constituted under this section shall be selected by, lot at such time previous to the first day of March immediately preceding and in such manner as the Chairman may determine.

(c) During the succeeding years, the members who shall retire under this section shall be the members who were longest in-office:

(a) becomes disqualified for being a Member of the Committee under the provisions of sub-section (5) of section 50; or

(b) absents himself during six successive meeting of the committee except from temporary illness or other causes to be approved by the committee; or

(c) absents himself from or is unable to attend the meeting of the committee during six successive months from any cause whatsoever, shall cease to be a Member of the Committee and his office shall thereupon become vacant.

(a) there shall be a meeting of the Committee once a fortnight and at such other times as shall be found necessary;

(b) the first meeting of the Committee shall be held on a day and at a time to be fixed by the Mayor and, if not held on that day, shall be held on some subsequent day to be fixed by a Mayor; and every subsequent meeting of the Committee shall be held on such day and at such time as the Committee may from time to time determine;

(c) the Chairman of the Committee may, whenever he thinks fit, and shall, upon a written requisition signed by the Commissioner or the General Manager, or by not less than three Members of the Committee, within forty-eight hours of the receipt by him of the requisition, call a special meeting of the Committee for the transaction of any business;

(d) no business shall be transacted at a meeting of the Committee unless at least seven members are present from the beginning to the end of such meeting;

(e) every meeting of the Committee shall be presided over by the Chairman, if the Chairman is present at the time for holding the Meeting, and, if the Chairman is absent by such one of the members as may be chosen by the meeting to be Chairman for the occasion;

(f) every question shall be decided by a majority of votes of the members of the Committee present and voting on that question, the presiding authority having a second or casting vote when there is equality of votes;

(g) the Committee shall cause to be kept a minute of the names of the members present and of the proceedings at each meeting of the Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting;

(h) a member of the Committee shall not vote upon, or take part in the discussion before the Committee or before any sub-Committee of any matter in which he has directly or indirectly, by himself or by it his partner, any share or interest such as is described in clauses (g) to (I), both inclusive, of sub-section (2) of section 16, or in which he is professionally interested on behalf of a client, principal or other person.

(a) whose names are enrolled on the municipal election roll as voters;

(b) who are graduates of universities recognised by the Corporation in this behalf;

(c) who have five years teaching or administrative experience in educational institutions; and

(d) who possess such other qualifications as the Corporation may determine in this behalf.

(a) if he is directly or indirectly interested in any immovable property on or in which any municipal school or office is located or in any institution or school which receives donation or grant-in-aid from the Corporation; or

(b) if, not being a councillor he would have been disqualified for being elected a councillor under section 16.

(a) becomes subject to any of the dis-qualifications mentioned in sub-section (1);

(b) absents himself during six successive meetings of the Committee, except from temporary illness or other cause to be approved by the Committee; or

(c) absents himself from or is unable to attend the meetings of the Committee during eight successive months from any cause whatsoever, he shall cease to be a member of the Committee and his office shall thereupon become vacant.

(a) there shall be a meeting of the Education Committee once a month, and at such other times as shall be found necessary;

(b) the first meeting of the Education Committee shall be held on a day and at a time to be fixed by the Mayor, and if not held on that day shall be held on some subsequent day to be fixed by the Mayor; and every subsequent meeting of the Education Committee shall be held on such day and at such time as the Committee may, from time to time, determine;

(c) the Chairman of the Education Committee may, whenever he thinks fit, and shall, upon a written request signed by not less than four members of the Committee, call a special meeting of the said Committee for the transaction of any business;

(d) no business shall be transacted at a meeting of the Education Committee unless at least nine members are present;

(e) every meeting of the Education Committee shall be presided over by the Chairman, if the Chairman is present at the time appointed for holding the meeting, and, if the Chairman is absent, by such one of the members present as may be chosen by the meeting to be Chairman for the occasion;

(f) every question shalt be decided by a majority of votes of the members of the Education Committee present and voting on that question, the presiding authority having a second or casting vote when there is an equality of votes;

(g) a minute shall be kept by the municipal secretary of the names of the members present and of the proceedings at each meeting of the Education Committee in a book to be provided for this purpose, which shall be signed at, and by the presiding authority of, the next ensuing meeting after confirmation by the Committee at such meeting;

(h) a member of the Education Committee shall not vote or take part in the discussion before the said Committee or before any sub-Committee of any matter 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, of sub-section (2) of section 16 or in which he is professionally interested on behalf of a client, principal or other person;

(1) Any consultative Committee appointed under section 38.

(2) Any Special Committee appointed under section 38A.

(3) The Standing Committee

(4) Improvements Committee

(5) The Brihan Mumbai Electric Supply and Transport Committee.

(6) The Education Committee.

[Wards Committees]

[(F) The Municipal Commissioner]

The Director

Deputy Municipal Commissioner

[ * * * * * *]

(b) The Commissioner shall inform the corporation of the powers and duties which he from time to time deputes to [the Director and a Deputy Commissioner.]

Remuneration of Commissioner [Director] and Deputy Commissioner

(a) hold the office of a trustee of the port of Bombay;

(b) with the sanction of the corporation, serve on any committee constituted for the purposes of any local inquiry or for the furtherance of any object of local importance or interest.

Provisions for absence of Commissioner [Director] or Deputy Commissioner on leave

(a) to the Commissioner, by the [ [State] Government], with the assent of [the Standing Committee];

(b) to [the Director or a Deputy Commissioner,] by [the Commissioner].

Disqualifications of the Commissioner [Director] and Deputy Commissioner

[(G) The General Manager]

(a) devote his whole time and attention to the duties, of his office:

(b) receive such monthly salary as the corporation shall from time to time, with the approval of the [State] Government determine [but the salary of the General Manager shall not be altered to his disadvantage during his period of office];

(c) be removable at any time from office for misconduct or for neglect of, or incapacity for; the duties of his office on the votes of not less than one-half of the total number of councillors.

(a) keep the accounts of the [Brihan Mumbai Electric Supply and Transport Undertaking] and perform such duties with regard to the Undertaking's accounts as shall be required of him by the [The Brihan Mumbai Electric Supply and Transport Committee] or by the General Manager;

(b) devote his whole time and attention to the duties of his office;

(c) receive such monthly salary as the [Brihan Mumbai Electric Supply and Transport Committee] shall, from time to time, with the approval of the Corporation, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;

(d) be removable at any time from office for misconduct, or for neglect of or in capacity for the duties of his office, by the [Brihan Mumbai Electric Supply and Transport Committee].

Chapter III

Duties And Powers of The Municipal Authorities

Obligatory and Discretionary Duties of the Corporation

(a) the construction, maintenance and cleansing of drains and drainage works, and of public latrines, urinals and similar conveniences;

[(aa) planning for economic and social development;

(ab) urban forestry, protection of environment and promotion of ecological aspects];

(b) the construction and maintenance of works and means for providing a supply of water for public and private purposes;

(c) scavenging and the removal and disposal of excrementitious and other filthy matters, and of all ashes, refuse and rubbish;

(d) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances;

(e) the regulation of places for the disposal of the dead and the provision of new places for the said purpose;

(f) the registration of births and deaths;

[(ff) public vaccination in accordance with the provisions of the [Bombay Vaccination Act, 1877;]]

(g) measures for preventing and checking the spread of dangerous diseases;

[(gg) establishing and maintaining public hospitals and dispensaries and carrying out other measures necessary for public medical relief;]

(h) the construction and maintenance of public markets and slaughter houses and the regulation of all markets and slaughter houses;

(j) the regulation of offensive and dangerous trades;

(k) the entertainment of a fire brigade and the protection of life and property in the case of fire;

(l) the securing or removal of dangerous building and places;

(m) the construction, maintenance, alteration and improvement of public streets, bridges, culverts, causeways and the like [and also other measures for ensuring the safe and orderly, passage of vehicular and pedestrian traffic on streets];

(n) the lighting, watering and cleansing of public streets;

(o) the removal of obstructions and projections in or upon streets, bridges and other public places;

(p) the naming of streets and the numbering of premises;

(q) maintaining, aiding and suitably accommodating schools for primary education [subject always to the grant of building grants by [the [State] Government] in accordance with the Government Grant-in-aid Code for the time being in force];

(r) the maintenance of a municipal office and of all public monuments and other property vesting in the corporation;

[(s) the obligations imposed by the City of Bombay Municipal (Amendment) Act, 1933, upon the corporation arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925;]

[(t) the improvement of [Brihan Mumbai].]

(a) [* * * * * * *]

[(a) slum improvement and upgradation;

(aa) urban poverty alleviation;]

[(b) the furtherance of educational objects other than those mentioned in clause (q) of section 61;

(e) the planting and care of trees on road sides and elsewhere;]

(f) surveys of buildings or lands;

(g) registration of marriages;

[(h) the taking of a census of the population];

(j) preparation and presentation of addresses to persons of distinction;

[(jj) providing music in public places or places of public resort;

(jjc) the acquisition of immovable or movable property for any of the purposes before mentioned, including payment of the cost of investigations, surveys or examinations in relation thereto, or the construction or adaptation of buildings necessary for such purposes];

[(jjd) with the previous sanction of the State Government and subject to such terms and conditions as the State Government may impose, subscribing to the share capital of any company or co-operative society, with the limited liability, established or to be established for providing any services in Greater Bombay, which are directly or indirectly, useful to the corporation in carrying out any of the duties imposed upon it by or under this Act or any other law for the time being in force; ]

[(jje) welfare measures for the Scheduled Castes, Scheduled Tribes, Vimukta Jatis and Nomadic Tribes and Nav-Budhas who are residing within the limits of the Corporation area, and in particular taking such measures for the amelioration of the conditions of these classes as the State Government may, from time to time, direct;]

(k) any measure not hereinbefore specifically named, likely to promote public safety, health, convenience or instruction;

[(l) making any contribution towards any public reception, ceremony or entertainment:

[(m) subject to such terms and conditions including provisions with regard to the control and supervision as the Corporation may deem fit to impose or make, making any contribution to a public trust registered under the Bombay Public Trust Act, 1950 for establishing or running a hospital to provide medical facilities to the employees of the [Britian Mumbai Electric Supply and Transport Undertaking] and the members of their families.]

Respective Functions of the several Municipal Authorities

(a) perform all the duties and exercise all the powers specifically imposed or conferred upon him by this Act and perform such other duties in connection with the Brihan Mumbai Electric Supply and Transport Undertaking as may be required of him by the Brihan Mumbai Electric Supply and Transport Committee;

(b) prescribe the duties of, and exercise supervision and control over the acts and proceedings of, all municipal officers and servants appointed under Chapter XVIA and subject to the regulations for the time being in force under section 460V, dispose of all questions relating to the service of the said officers and servants and their pay, privileges and allowances;

(c) on the occurrence or threatened occurrence of any sudden accident for unforeseen event involving or likely to involve extensive damage to any property of the corporation pertaining to the Brihan Mumbai Electric Supply and Transport Undertaking or danger to human life arising from or in connection with any part of that undertaking, take such immediate action as the emergency shall appear to him to justify or require, reporting forthwith to the Brihan Mumbai Electric Supply and Transport Committee, when he has done so, the action he has taken and his reason for taking the same and the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant within the meaning of that expression as defined in section 130.]

[Prevention of delay in discharge of official duties

(a) not less than seven clear day's notice in writing specifying the questions has been given to the Municipal Secretary;

(b) no question shall be asked

(i) which calls for an expression of opinion or for the solution of an abstract legal question or of a hypothetical proposition; or

(ii) which concerns or is in connection with, either directly or indirectly, any pending suit or proceedings, in any court of law or before any tribunal in any part of [the territory of India]; or

(iii) which relates to the character or conduct of any Municipal Officer or servant except in his official or public capacity; or

(iv) which is or by implication may be, defamatory of or which makes or implies a charges of a personal character against any person or section of any community; or

(v) which contravenes any regulation made by the Corporation in this behalf under section 36,

(a) that such expenditure, so far as it is to be incurred in the official year in which such power is exercised or duty performed, shall be provided for under a current budget grant within the meaning of that expression as defined in section 130; [* *]

(b) that, if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said official year, liability for such expenditure shall not be incurred without the sanction of the Corporation.

[(c) that, where the sanction of the Corporation is sought by the General Manager for any contract for the purposes of Chapter XVIA, the Corporation shall consider and dispose of such proposal within thirty days from the date on which the item is first included in the agenda of any meeting of the Corporation, failing which the sanction shall be deemed to have been given by the Corporation for such contract on the last day of the period of thirty days aforesaid. A report to that effect shall be made by the General Manager to the Corporation.]

Contracts

(a) every such contract shall be made on behalf of the corporation by the Commissioner;

(b) on such contract, for any purpose which in accordance with any provision of this Act, the Commissioner may not carry out without the approval or sanction of some other Municipal authority, shall be made by him until or unless such approval or sanction has first of all been duly given;

[(c) no contract, other than a contract relating to the acquisition of immovable property or any interest therein or any right thereto, which involves an expenditure exceeding rupees [fifty lakhs but not exceeding rupees seventy-five lakhs], shall be made by the Commissioner; unless the same is previously approved by the Mayor. For contracts involving an expenditure in [excess of seventy-five lakhs rupees], approval of the Standing Committee shall be necessary:]

(d) [* * * * * *]

(e) the foregoing provisions of this section [shall, as far as may be, apply] to every contract which the Commissioner shall have occasion to make in the execution of this Act; and the same provisions of this section which apply to an original contract shall be deemed to apply also to any variation or discharge of such contract.

(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] shall be in writing and shall be sealed with the common seal of the corporation [in the manner prescribed in sub-section (2)] 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.

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]

(i) the operation of provisions of sections 74 and 75 in so far as they relate to the appointment of the City Engineer shall remain suspended; and

(ii) any reference in this Act (other than this section and sections 74 and 75) to the City Engineer shall be deemed to be a reference to the Special Engineer"].

(a) be appointed for a renewable term of five years:

(b) devote his whole time and attention to the duties of his office;

[(c) receive such monthly salary as the corporation [shall, from time to time, with the approval of the State Government, determine;] but the salary of any such officer shall not be altered to his disadvantage during his period of office;]

(d) be removable at any time from office for misconduct or for neglect of or incapacity for, the duties of the office, on the votes of not less than two-thirds, of the members present at a meeting of the corporation:

(e) no person shall be appointed to be executive health officer who is not a legally qualified medical practitioner;

[(ee) the executive health officer may accept for such period as may be sanctioned by the Corporation any appointment, whether honorary or otherwise,

(f) the corporation may, in their discretion, appoint a person probationally, for a limited period only, to [any] of the said offices, previous to appointing him for the full term of five years;

(g) every appointment made under this section shall be subject to confirmation by [the [State] Government].

[Education Officer]

(a) be subordinate to the Commissioner and subject to his orders shall exercise such of the Commissioner's powers and perform such of the Commissioner's duties in regard to primary [and Secondary] education, as the Commissioner may from time to time assign to him;

(b) receive such monthly salary [as the Corporation shall, from time to time, with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;

(c) be removable at any time from office by the Corporation for misconduct or for neglect of or incapacity for duties of the office.]

[Appointment of medical officers in connection with measures of public medical relief.]

Municipal Secretary

(a) perform such duties as he is directed by this Act to perform and such other duties in and with regard to the corporation and [the Standing Committee and the Improvements Committee], as shall be required by him by those bodies respectively;

(b) have the custody of all papers and documents connected with the proceedings of-

(i) the corporation and any committee appointed by the corporation [under Section 38 [or 38A];]

[(ii) The Standing Committee and any sub-Committee thereof;

(iv) The Education Committee and any sub-Committee thereof];

(v) [the Wards Committees];

(c) devote his whole time and attention to the duties of his office;

[(d) receive such monthly salary [as the Corporation shall, from time to time, with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office];]

(e) be removable at any time from office for misconduct or for neglect of, or incapacity for, the duties of the office by the [* * *] Corporation.

(a) appoint such clerks and servants to be immediately subordinate to the municipal secretary as they think fit;

(b) determine the nature and amount of the salaries, fees and allowances to be paid to the said servants and clerks respectively;

(c) prescribe or delegate to the municipal secretary the power of prescribing the duties of the said clerks and servants.

[Municipal Chief Auditor]

[(a) perform such duties as he is directed by this Act to perform and such other duties with regard to the audit of the accounts of the municipal funds [the Water and Sewage Fund and the Consolidated Water Supply and Sewage Disposal Loan Fund] as shall be required of him by the corporation or by the [Standing Committee] and with regard to the audit of the accounts of the [Brihan Mumbai Electric Supply and Transport Fund] as shall be required of him by the corporation or by the [Brihan Mumbai Electric Supply and Transport Committee;]

(b) devote his whole time and attention to the duties of his office;]

(c) receive such monthly salary [as the Corporation shall, from time to time with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;]

(d) be removable at any time from office for misconduct or for neglect of, or incapacity for the duties of his office on the votes of not less than two-thirds of the members present at a meeting of the corporation:

(a) appoint such assistant auditors, clerks and servants to be immediately subordinate to the municipal chief auditor as they think fit;

(b) determine the nature and amount of the salaries, fees and allowances to be paid to the said assistant auditors, clerks and servants respectively;

(c) prescribe or delegate to the municipal chief auditor the powers of prescribing the duties of the said assistant auditors, clerks and servants.

[Municipal Chief Accountant]

[(a) be the Principal Municipal Finance Officer to advise the Commissioner on financial matters and perform such duties with regard to the municipal finance as shall be required of him by the Corporation, [Standing Committee] or the Commissioner;]

(b) devote his whole time and attention to the duties of his office;

(c) receive such monthly salary [as the Corporation shall, from time to time, with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;]

(d) be removable at any time from office for misconduct, or for neglect of or incapacity for the duties of his office, by the corporation.

(a) keep the accounts of the Water and Sewage Fund and the Consolidated Water Supply and Sewage Disposal Loan Fund and perform such duties with regard to the said accounts as shall be required of him by the Corporation or [Standing Committee] or the Commissioner;

(b) devote his whole time and attention to the duties of his office;

(c) receive such monthly salary as the Corporation shall, from time to time, with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;

(d) be removable at any time from office for misconduct, or for neglect of or incapacity for the duties of his office, by the Corporation.]

(a) be the Principal Municipal Treasury Officer and keep such municipal accounts and perform such duties with regard to the municipal accounts as shall be required of him by the Corporation, [Standing Committee] or the Commissioner;

(b) devote his whole time and attention to the duties of his office;

(c) receive such monthly salary as the Corporation shall, from time to time, with the approval of the State Government, determine; but the salary of such officer shall not be altered to his disadvantage during his period of office;

(d) be removable at any time from office for misconduct or for neglect or incapacity for the duties of his office, by the Corporation.]

Other Officers and Servants

(a) No officer [appointed to a post], [to which the provisions of] [sub-section (1) of section 80A] apply shall be dismissed by the Commissioner, without the [previous] approval of [the Standing Committee or in case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee.]

[(b) any officer appointed by the Corporation under sections 54A, 55, 56A, 74, 75, 76A, 76B, 77, 78A, 78C, 78D or 78E may be suspended by the Commissioner, and every such suspension with the reasons therefor, shall be forthwith reported to the Corporation, and such suspension shall come to an end if not confirmed by the Corporation within a period of six months from the date of such suspension;]

[(c) any officer appointed by the Corporation otherwise than under sections 54A, 55, 56A, 74, 75, 76A, 765, 77, 78A, 78C, 78D or 78E may, for any breach of departmental rules or discipline, or for carelessness, unfitness, neglect of duty or other misconduct, be suspended by the Commissioner, or may, with previous approval of [the Standing Committee or in case of an officer appointed for the purposes of clause (q) of section 61, of the Education Committee] be reduced, removed or dismissed by the Commissioner;]

[(d) any officer or servant immediately subordinate to the municipal chief auditor and drawing a salary not exceeding rupees two hundred and fifty per month exclusive of allowances may, subject to such conditions and limitations, if any, as the [Standing Committee] may deem fit to prescribe, and subject to a right of appeal to the [Standing Committee], be fined, reduced or suspended for any breach of departmental rules or discipline or for carelessness, unfitness, neglect of duty or other misconduct by the municipal. chief auditor.]

(a) when the [city engineer] or the executive health officer [or the hydraulic engineer] is granted leave of absence for a period exceeding one month, the appointment of a person to act for him shall be made by the corporation;

(b) any appointment of a person to act as [city engineer] or as executive health officer [or as hydraulic engineer] may be disallowed by the [ [State] Government], and from the time of being so disallowed shall be null and void;

(c) no person shall be appointed to act for the executive health officer for a period exceeding three months, unless such person is a legally qualified medical practitioner, but a person appointed to act for the said officer for a period not exceeding three months need not be legally qualified medical practitioner.

Disqualifications of Municipal Officers and Servants

[Chapter IV-A

(i) in Newspapers;

(ii) on Internet;

(iii) on Notice boards of the Corporation at its Head Office as well as Ward Offices:

(iv) by such other mode, as may be prescribed:

(i) particulars of the Corporation:

(ii) a statement showing the boards, councils, committees and other bodies, by whatever name called, constituted for the purpose of exercising the functions of the Corporation or rendering advise to it, whether or not the meetings of those boards, councils, committees and other bodies are open to the public or the minutes of such meetings are accessible to the public;

(iii) a directory of its officers and employees;

(iv) the particulars of officers who are empowered to grant concessions, permits or authorisations for any activity of the Corporation;

(v) audited financial statements showing Balance sheet, Receipts and Expenditures and cash flow on a quarterly basis, within two months of end of each quarter; and audited financial statements for the full financial year, within three months of the end of the financial year.

(vi) the statement showing each of the services provided by the Corporation;

(vii) particulars of all plans, proposed expenditures, actual expenditures on major services provided or activities performed and reports on disbursements made;

(viii) details of subsidy programmes on major services provided or activities performed by the Corporation, and manner and criteria of identification of beneficiaries for such programmes;

(ix) particulars of the master plan, city development plan or any other plan concerning the development of the municipal area;

(x) the particulars of major works, as may be specified by notification by the State Government, in the Official Gazette together with information on the value of works, time of completion and details of contract;

(xi) the details of the municipal funds, i.e. income generated in the previous year by the following:-

(a) taxes, duties cess and surcharge, rent from the properties, fees from licences and permission;

(b) taxes, duties, cess and surcharge, rent from the properties, fees from licences and permission that remain uncollected and the reasons thereof;

(c) share of taxes levied by the State Government and transferred to the Corporation and the grants released to the Corporation;

(d) grants released by the State Government for implementation of the schemes, projects and plans assigned or entrusted to the Corporation and the nature and extend of utilization;

(e) money raised through donation or contribution from public or non-government agencies;

(xii) annual budget allocated to each ward;

(xiii) such other information as may be prescribed.]

Chapter V

Municipal Property And Liabilities

Acquisition of Property

(b) The lands specified in Schedule W as plot 1(j) shall, subject as aforesaid, be permanently appropriated as an open space, but such appropriation shall not preclude the corporation from letting the said lands from time to time on lease for a term not exceeding one year, or with the previous sanction of [the [State] Government] and on such conditions as may be approved by [the [State] Government] for a term not exceeding 30 years, for the purposes of a race-course or for any purpose of public recretion or amusement.

(c) All the lands specified in Schedule W as plots 1(a), 1(g) to 1(i) both inclusive and 1(k) and the lands specified in Schedule Y shall, subject to the provisions of sub-section (1), vest in the corporation.

(a) any municipality or other local authority which has been abolished by or under the Bombay Municipal (Extension of Limits) Act, 1950, in consequence of the inclusion in [Brihan Mumbai] of the area for which it was constituted; or

(b) the State Government by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority;

(a) any municipality or other local authority which has been abolished by or under that Act in consequence of the inclusion in [Brihan Mumbai] of the area for which it was constituted, or

(b) the State Government by reason of the supersession or dissolution of such municipality or local authority under any law relating to such municipality or local authority, shall vest in the Corporation in trust for the purposes of this Act, but subject to all charges and liabilities affecting the same:

(2) the time within which an application for determining the amount of compensation by an Arbitrator shall be made under section 91G.]

Disposal of Property

(a) the Commissioner may, [subject to the regulations made in this behalf], dispose of, by sale or otherwise, any movable property belonging to the corporation not exceeding in value, in each instance, [five lakh rupees], or grant a lease of any immovable property belonging to the corporation; including any right of fishing or of gathering and taking fruit and the like, for any period not exceeding twelve months at a time :

[(b) the Commissioner may,-

(ii) with the sanction of the [Standing Committee], dispose off any movable property held by the Corporation, the value of which exceeds rupees two crore;

(iii) with the sanction of the concerned Committee, grant a lease (other than a lease in perpetuity) of any immovable property belonging to the Corporation, including any such right as aforesaid, or sell, or grant a lease in perpetuity of any immovable property, the value of which does not exceed 50,000 rupees or the annual rent of which does not exceed 3,000 rupees];

(c) with the sanction of the corporation, the Commissioner may lease, sell or otherwise convey [any immovable property] belonging to the corporation;

[(cc) the consideration for which any immovable property or any right belonging to the corporation may be sold, leased or otherwise transferred shall not be less than the market value of such premium, rent or other consideration;]

[(d) sanction of the [Standing Committee] under clauses (b) and (c), may be given either generally for any class of cases or specially in any particular case;]

[(dd) notwithstanding anything contained in this section, the Commissioner may, with the sanction of the Corporation, and with the approval of the State Government, grant a lease of immovable property belonging to the Corporation to a Cooperative Housing Society formed exclusively by the officers and servants of the Corporation, or to a public trust exclusively for medical and educational purposes registered under the Bombay Public Trusts Act, 1950 [or to a society registered under the Societies Registration Act, 1860 or the Maharashtra Cooperative Societies Act, 1960, a public trust registered under the Bombay Public Trust Act, 1950, or a company registered under the Companies Act, 1956 [or any person] for the purposes of provision of public latrines, urinals and similar conveniences or construction of a plant for processing excrementitious and other filthy matters of garbages,] or to a person who is dishoused as a result of the implementation of any Development Scheme of the Corporation or to a Co-operative Housing Society formed exclusively by the persons who are dishoused as a result of the implementation of any Development Scheme of the Corporations, at such rent, which may be less than the market value of the premium, rent, or other consideration, for the grant of such lease, and subject to such conditions, as may be provided by the bye-laws made under section 461;]

[(ddd) notwithstanding anything contained in this section, the Commissioner may, with the sanction of the Corporation, and with the approval of the State Government, grant a lease for a period [not exceeding 60 years], of municipal land which is declared as a slum area under the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Re-development) Act, 1971 to a co-operative society of slum dwellers occupying such land, at such rent, which, may be less than the market value of the premium, rent or other consideration, for grant of such lease, and subject to such conditions, as the Corporation may impose.

[(dddd) All leases granted by the corporation of the immovable properties belonging to the corporation for whatever term shall be subject to the following conditions in addition to the conditions stipulated in the Lease-deed or Lease-agreement executed by the corporation, namely :-

(ii) In the case of any contravention of the provisions of sub-clause (i). the lessee or transferor of such leasehold rights, shall be liable to pay penalty in addition to such premium and transfer fees or charges, at such rates as may be specified by the corporation, from time to time.]

(e) the aforesaid provisions of this section shall apply, respectively, to every disposal of property belonging to the Corporation made under or for any purpose of this Act:

(b) that the Corporation are not in possession of or interested in any immovable property for the benefit of which, the term, condition or obligation was agreed to, entered into or imposed.]

Liabilities

(a) to the [Government]-

(i) the balance of the debt due on account of the Vehar water works [referred to] in section 140 of the [Bombay Municipal Acts of 1872 and 1878], with simple interest thereon at the rate of four per centum per annum;

(ii) the balance of the consolidated loan, at the same was defined in section 3, clause (3) of the [Bombay Municipality's Consolidated Loan Act, 1880], due on various accounts, with interest thereon at the rate of four-and-a-half per centum per annum;

(b) to municipal security-holders-

(iii) the house rate loan and the two market loans raised in 1867 and 1868 under the provisions of the Bombay Municipal Act, [1865] with interest thereon at the rate of six per centum per annum;

(iv) the drainage loan of 1878 raised under the provisions of the Public Works' Loan Act, [1871] with interest thereon at the rate of five per centum per annum;

(v) the sanitary works' loans of 1885, 1886 and 1888 contracted under the provisions of the [Local Authorities Loans Act, 1879] with interest thereon at the rate of five per centum per annum;

(vi) the portion of the Tansa water works' loan contracted under the Act last aforesaid previous to the coming into force of this Act;

(vii) the portion of the drainage and water works' loan of 1888 contracted under the said Act previous to the coming into force of this Act.

Repayment of Moneys due to the [Government]

Repayment of House Rate and Market Loans of 1867-68

Publication of Annual Account of Balances due on Loans

[Chapter V-A]

Power to Evict Persons from Corporation Premises

(a) "Commissioner" in relation to premises of the corporation which vest in it for the purposes of the [Brihan Mumbai Electric Supply and Transport Undertaking], means the General Manager;

(b) "corporation premises" means any premises belonging to, or vesting in, or taken on lease by, the corporation;

(c) "regulations" means regulations made by the Commissioner under section 105H;

(d) "unauthorised occupation in relation to any corporation premises" means the occupation by any person of corporation premises without authority for such occupation; and includes the continuance in occupation by any person of the premises after the authority under which he was allowed to occupy the premises has expired, or has been duly determined.

(a) that the person authorised to occupy any corporation premises has, whether before or after the commencement of the Bombay Municipal Corporation (Amendment) Act, 1960, -

(i) not paid for a period of more than two months, [the rent, taxes, fees or compensation] lawfully due from him in respect of such premises; or

(ii) sublet, [* * *] the whole or any part of such premises; or

(iii) committed, or is committing, such acts of waste as are likely to diminish materially the value, or impair substantially the utility, of the premises; or

(iv) otherwise acted in contravention of any of the terms, express or implied, under which he is authorised to occupy such premises;

(b) that any person is in unauthorised occupation of any corporation premises;

(c) that any corporation premises in the occupation of any person are required by the corporation in the public interest,

(a) specify the grounds on which the order of eviction is proposed to be made, and

(b) require all persons concerned, that is to say, all persons who are or may be in occupation of, or claim interest in, the corporation premises, to show cause against the proposed order, on or before such date as is specified in the notice.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed by regulations made under section 105H.

(a) in the case of an appeal from an order under section 105B, within thirty days from the date of the service of the notice relating to the order under sub-section (1) of that section, and

(b) in the case of an appeal from an order under section 105C, within thirty days from the date of the service of the notice relating to the order under sub-section (1) or (2) of that section, as the case may be:

(a) the forms of notices under sections 105B and 105C and for prescribing the other manner in which they may be served under those sections;

(b) the holding of inquiries under this Chapter;

(c) the procedure to be followed in taking possession of any corporation premises under section 105B;

(d) the manner in which the damages under section 105C may be assessed and the principles which may be taken into account in assessing such damage;

(e) the manner in which appeals may be preferred under section 105F and the procedure to be followed in such appeals;

(f) any other matter which has to be, or may be, prescribed under this Chapter by regulations.

Chapter VI

Borrowing Powers

(a) defraying any costs, charges or expenses incurred or to be incurred by them in the execution of this Act,

(b) discharging any loan contracted under this Act or any other loan or debt for the repayment of which they are liable,

(c) making good any deficit in budget estimate B framed under section 126,

(d) generally, carrying out the purposes of this Act including the advance of loans under section 354W.

(a) money shall not be borrowed for the execution of any work other than a permanent work including under this expression any work, of which the cost ought, in the opinion of [the [State] Government], to be spread over a term of years;

[(b) the sum borrowed for any purpose other than for discharging any of the obligations arising out of the transfer to the Corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925, [or other than for discharging any obligation arising out of the acquisition, extension, administration, operation or maintenance of the Bombay Electric Supply and Transport Undertaking,] [or other than for discharging any obligations arising out of any of the provisions contained in Chapter IX and X,] including the balances of all the outstanding loans and debts borrowed for any of the said purposes shall not exceed in the whole [three times] the rateable value of the premises in [Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and]

[(c) the sum borrowed for the purpose of discharging any of the obligations arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925, including, the balances of all outstanding loans and debts borrowed by the Board of Trustees for the Improvement of the City of Bombay under City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925, and by the Corporation for the purpose of discharging the aforesaid obligations, shall not at any time exceed in the whole double the rateable value of the premises in [Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and]

[(d) the sum borrowed under clause (c) for the purpose of making good any deficit in budget estimate B framed under section 126 shall not in any year exceed twenty lakhs of rupees;] [and

(dd) the sum borrowed for the purpose of discharging any obligation arising out of the acquisition, extension, administration, operation, or maintenance of the Bombay Electric Supply and Transport Undertaking including the balances of all the outstanding loans and debts borrowed for the said purpose, shall not at any time exceed in the whole [three times] the rateable value of the premises in [Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and]

[(ddd) the sums borrowed for the purposes of discharging any obligations arising out of any of the provisions of Chapter IX and X, including the balances of all the outstanding loans and debts borrowed for any of the said purposes, shall not at any time exceed [on the whole thrice] the rateable value of the premises in [Brihan Mumbai] assessable, as hereinafter provided, to property taxes; and]

[(e) the money may be borrowed for such time, not exceeding sixty years, as the corporation, with the sanction of the [ [State] Government], determine in each case;]

[ [(f) the corporation shall either pay off the money so borrowed within the period sanctioned, by equal annual instalments of principal or of principal and interest, or in such other manner as may be approved by [the [State] Government], or they shall in every year set apart as a sinking fund and accumulate in the way of compound interest, by investing the same in the purchase of public securities, such sum as will, with accumulations in the way of compound interest, be sufficient, after payment of all expenses, to pay off the moneys so borrowed within the period sanctioned or within such other period as may be approved by [the [State] Government] ];]

[(g) the Corporation may at any time apply the whole or any part of a sinking fund set apart under this section in or towards the discharge of the moneys for the repayment of which the fund has been established:

[(h) the investment every year of any sum set apart as portion of the principal of a sinking fund shall be made within fifteen days after the day on which the second half-yearly payment of interest is due by the corporation in respect of the loan for repayment of which such sinking fund is established; and the reinvestment of any sum received by the corporation on account of interest on moneys appertaining to a sinking fund already invested, and the investment of any sum payable into the fund under clause [(g)] as the equivalent of interest which the corporation would have received, if the sinking fund or a part thereof had not been applied in any manner authorized by the said clause, shall be made within one month from the day on which such interest is received or from the day on which such interest would have been received, as the case may be:]

[(i) where money is borrowed for the purpose of discharging a previous loan, the time for repayment of the money so borrowed shall not, unless with the sanction of [the [State] Government] extend beyond the unexpired portion of the period for which the original loan was sanctioned and shall in no case be extended beyond the period of sixty years from the date of the original loan :]

[(a) if the debenture alleged to have been lost, stolen or destroyed is payable more than six years after the date of publication of the notification referred to in sub-section (2),

(ii) for the payment to the applicant of the principal sum due in respect of the debenture on or after the date on which the payment becomes due.]

(a) where any party to the dispute has obtained a final decision from a Court of competent jurisdiction declaring him to be entitled to such debenture, issue a renewed debenture in favour of such party, or

(b) refuse to renew the deben tore until such a decision has been obtained, or

(c) after such inquiry as is hereinafter provided and on consideration of the result thereof, declare by order in writing which of the parties is in his opinion entitled to such debenture and may, after the expiration of three months from the date of such declaration issue a renewed debenture in favour of such party in accordance with the provisions of section 110AA, unless within that period he has received notice that proceedings have been instituted by any person in a court of competent jurisdiction for the purpose of establishing a title to such debenture.

(a) in the case of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 110A or from the date, of the last payment of interest on the original debenture, whichever date is later,

(b) in the case of a renewed debenture after the lapse of six years from the date of the issue thereof, and

(c) in the case of payment of the principal sum without the issue of a duplicate debenture, after the lapse of six years from the date of the publication of the notification referred to in sub-section (3) of section 110A.

(a) if it is in the form of Schedule AA by endorsement, and

(b) if it is in any other form, in such manner as is therein expressed.

(iii) the provisions of clause (f) of section 109 shall, so far as may be, apply to such loans and the said clause shall be construed as if (a) for the word"annual" the words"yearly or half-yearly" were substituted and (b) the words"or in such other manner as may be approved by [the Provincial Government]" were omitted;

(iv) the provisions of clause (g) of section 109 shall, so far as may be, apply to such sinking funds and the said clause shall be construed as if for the words "under this section" the words"under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925," were substituted;

(v) the provisions of clause (h) of section 109 (except the proviso) shall, so far as may be, apply and the said clause shall be construed as if after the word"year" the words"or every half year" were inserted and as if the words"second half-yearly" were omitted;

(vi) the provisions of section 109A shall, so far as may be, apply to such sinking funds;

(vii) the provisions of section 110F shall apply to such loans;

(viii) the provisions of section 106 shall, so far as may be, apply, and the said section shall be construed as if for the words"contracted under this Act" the words"or debt contracted or incurred under this Act or by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898, or the City of Bombay Improvement Trust Transfer Act, 1925", were substituted;

(ix) all securities and cash held by the Board of Trustees for the Improvement of the City of Bombay in existence when the City of Bombay Municipal (Amendment) Act, 1933, comes into operation in sinking funds established for the repayment of such loans shall be transferred to the corporation and shall be held by them as part of the sinking funds established under clause (i);

(x) when money is borrowed for the purpose of discharging any loan contracted by the said Board of Trustees for the Improvement of the City of Bombay the time for repayment of the loan so borrowed shall not extend beyond the unexpired portion of the period for which the original loan was sanctioned; and

(xi) for the removal of doubts, it is hereby declared that-

(a) All loans contracted, sinking funds established and debts incurred by the Board of Trustees for the Improvement of the City of Bombay under the City of Bombay Improvement Act, 1898, and the City of Bombay Improvement Trust Transfer Act, 1925, shall continue to be subject as regards repayment, rate of interest, period, guarantee for fulfilment of liabilities and in all other respects to the same terms and conditions as were fixed by the said Board when such loans, funds, and debts were contracted, established or incurred or as were provided by or under the aforesaid Acts;

(b) All loans contracted, sinking funds established and debts incurred by the corporation under the provisions of this Act or any Act relating to the municipal government of the City of Bombay prior to the date on which the City of Bombay Municipal (Amendment) Act, 1933, comes into force, shall continue to be subject, as regards repayment, rate of interest, period, guarantee for fulfilment of liabilities and in all other respects, to the same terms and conditions as were fixed when such loans, funds, and debts were contracted, established or incurred or as were provided by or under the provisions of the aforesaid Acts prior to the date mentioned above:

Chapter VII

Revenue And Expenditures

The Municipal Fund

[(a) by the Commissioner, Additional Commissioner, the Director or a Deputy Commissioner, [or in the absence of all of them by a municipal officer who is authorised by [the Standing Committee]], and

(b) by the Municipal Chief Accountant, Additional Municipal Chief Accountant, Joint Municipal Chief Accountant or Deputy Accountant:]

(a) sums of which the expenditure has been sanctioned by the [Standing Committee] under section 132;

(b) temporary payments under section 119 for works urgently required in the public service;

(c) refunds of taxes and other moneys which the Commissioner is by or under this Act authorised to make;

(d) repayments of moneys belonging to contractors or other persons held in deposit and of moneys collected or credited to the municipal fund by mistake;

(e) sums which the Commissioner is by section 222, sub-section (3), 309, sub section (2), 315, sub-section (2), 334, sub-section (2), 395, sub-section (2), 426, sub-section (2), 427, sub-section (4), 501 and 515, clause (b) required or empowered to pay by way of compensation;

(f) sums payable in any of the circumstances mentioned in clause (f) of section 118;

(g) expenses incurred by the Commissioner in the exercise of the power conferred upon him by section 434;

(h) costs incurred by the Commissioner under [clause (c) or (d) of sub-section (3)] of section 64:

(a) the expenses of every ward-election [* * *] held under this Act;

[(b) sums payable to the [Birhan Mumbai Electric Supply and Transport Fund] in repayment of amounts disbursed therefrom for any of the purposes of this Act other than for the purpose of the [Brihan Mumbai Electric Supply and Transport Undertaking] and including the expenses of, or reasonable charges for, all supplies provided and services rendered for any such purpose by the General Manager at the charge of the [Birhan Mumbai Electric Supply and Transport Fund];]

(c) the salaries, [joining time allowances] and other allowances of the Commissioner [of the Director] and of any Deputy Commissioner appointed under this Act [and of any officer whose services may, at the request of the corporation, be placed by [the [State] Government] at their disposal];]

(d) the salaries and other allowances of all municipal officer and servants and all [contributions to provident funds,] pensions, gratuities and compassionate allowances payable under the provisions of this Act or of any schedule or regulations framed under this Act and at the time in force [and the interest on the accumulations of Municipal Officers and servants in the provident funds aforesaid, at such rate as is sanctioned by the State Government, from time to time, in the case of such accumulations of its own employees];

[(dd) the fees and costs payable to the Commission in connection with consultation relating to any appointment to any post in any department of the Municipal administration;]

(e) all expenses and costs incurred by the Commissioner in the exercise of any power or the discharge of any duty conferred or imposed upon him by this Act, including moneys which he is required or empowered to pay by way of compensation;

[(ee) the loans advanced in accordance with the provisions of section 354W [354 WA/or 354 WB];]

(f) every sum payable-

(i) under [sub-sections (1) of section 110F], [section 513A, and] sub-section (1) of section 520 to [the [State] Government];

(ii) under a decree or order of a civil or criminal court passed against the corporation or against the Commissioner [the Director] or a Deputy Commissioner Ex Officio;

(iii) under a compromise of any suit or other legal proceeding or claim effected under section 517.

Special Funds

Disposal of Balances

Accounts

Annual Budget Estimate

(1) (a) an estimate of the expenditure which must or should, in his opinion be incurred by the Corporation in the next ensuing official year, other than -

[* * * * * *]

(ii) expenditure to be incurred by reason of the obligations imposed on the Corporation arising out of the transfer to the Corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 [or for any of the purposes of Chapter XII-A]; and

(iii) expenditure to be incurred on account of the [Brihan Mumbai Electric Supply and Transport Undertaking];

[(iv) expenditure to be incurred for the purposes of clause (q) of section 61;]

[(v) expenditure to be incurred for the purposes of Chapters IX and X];

(b) an estimates of all balances, if any (other than balances shown in the [accounts maintained under sections [123A [* *] and 123C] which will be available for re-appropriation of expenditure at the commencement of the next ensuing official year;

(c) an estimate of the corporation's receipts and income for the next ensuing official year other than from taxation [and from the [Brihan Mumbai Electric Supply and Transport Undertaking]] and other than that referred to [* *] in clause (c) of sub-section (2) [and in clause (d) of section 126] [and in section 126E];

[(cc) an estimate of the amounts due to be transferred during the next ensuing official year to the municipal fund under the provisions of sections 460KK and 460LL;]

(d) a statement of proposals as to the taxation which it will, in his opinion, be necessary or expedient to impose under the provisions of this Act in the next ensuing official year;

(1A) [* * * * *]

(2) (a) an estimate of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next ensuing official year by reason of the obligations imposed upon the Corporation arising out of the transfer to the Corporation of the powers, duties, assets and liabilities of the Board of Trustees for the Improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 [or for any of the purposes of Chapter XII-A];

(b) an estimate of all balances, if any, in the account maintained under section 122A, which will be available for re-appropriation or expenditure at the commencement of the next ensuing official year;

(c) an estimate of the Corporation's receipts and income for the next ensuing official year -

(i) arising from sales, leases and other dispositions of immovable property vesting in the Corporation by reason of the enactment of the City of Bombay Municipal (Amendment) Act, 1933 [or acquired by the Corporation for any of the purposes of Chapter XII-A], and

(ii) being payments of interest on and repayments in whole or part of the capital of loans granted by the Corporation and secured on the aforesaid immovable property;

(d) an estimate of three times the amount of the net estimated realisations of the Corporation in the then current financial year under the head of general tax (including arrears and payments in advance) divided by the rate fixed for general tax for the then current financial year;

[(e) an estimate of the Corporation's receipts and income, other than receipts and income referred to in other clauses of this sub-section arising from or relating to, transaction connected with the obligations imposed upon the Corporation by the transfer to the Corporation of the powers, duties, assets and liabilities of the said Board of Trustees or with the exercise of the power and duties conferred or imposed upon the Corporation by Chapter XII-A including grants from the State Government].]

(d) "Primary unit" means the ultimate group or groups into which individual items of expenditure in the budget estimates are arranged].

[(a) Budget Estimates"A" - of the income and expenditure other than -

(i) [ * * * * * *]

(ii) income and expenditure to be received or incurred by reason of the transfer to the Corporation of the powers, duties, assets and liabilities of the Board of Trustees for the improvement of the City of Bombay constituted under the City of Bombay Improvement Trust Transfer Act, 1925 [or for any of the other purposes of Chapter XX-A] [* * *].

(iii) income and expenditure in respect of the [Brihan Mumbai Electric Supply and Transport Undertaking];

[(iv) income and expenditure for, or in connection with, the purposes of clause (q) of section 61];

[(v) income and expenditure for, or in connection with, the purposes of Chapters IX and X]];

(b) Budget Estimate 'B' of the income and expenditure of the Corporation for the next official year to be received and incurred by reason of the transfer to the Corporation of the said powers, duties, assets and liabilities [or for any of the other purposes of Chapter XII-A].

[* * * * *]

(a) propose with reference to the provisions of Chapter VIII, the levy of municipal taxes at such rates, and in the case of [octroi] on such articles as they shall think fit.

(b) provide for the payment, as they fall due, of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act other than sums and instalments as aforesaid (i) for which the Corporation but for the enactment of the City of Bombay Municipal (Amendment) Act, 1933, would not have been liable and (ii) for which the Corporation may be liable, in carrying out the duties imposed upon them by clause (r) of section 61, [and (iii) for which the Corporation may be liable by reason of the acquisition, extension, administration, operation and maintenance of the [Brihan Mumbai Electric Supply and Transport Undertaking];] [* * * *] [(v) for which the Corporation may be liable by reason of the construction or school buildings;]

(c) allow for an appropriation to budget estimate 'B' of the sum estimated revised as they shall think proper, under clause (d) of sub-section (2) of section 125;

(c1) [* * * * * * *]

[(c2) allow for appropriation to budget estimate 'E' of the sum estimated, revised as they shall think proper, under clause (c) of section 126C [and such additional sum estimated under clause (c1) of that section and revised, as they shall think proper];]

(d) allow for a cash balance at the end of the said year of not less than one lakh of rupees.

(a) an estimate, classified in accordance with section 125A, of the expenditure which must or should, in his opinion, be incurred by the corporation in the next ensuing official year on account of the (Brihan Mumbai Electric Supply and Transport Undertaking];

(b) an estimate of all balances, if any, which will be available for reappropriation or expenditure at the commencement of the next ensuing official year and an estimate of the amounts to be transferred to the municipal fund during the next ensuing financial year under sections 460KK and 46011; and

(c) an estimate of the corporation's receipts and income from the [Brihan Mumbai Electric Supply and Transport Undertaking] for the next ensuing official year.]

[(i-a) propose, subject to the provisions of the [Motor Vehicles Act, 1939,] the Electricity (Supply) Act, 1948, and any other enactment for the time being in force and of any licence granted to the Corporation thereunder the levy of fares and charges for the conveyance of passengers and for the carriage of goods by any means of transport provided, and for charges for the supply of electrical energy, by the [Bombay Electric Supply and Transport Undertaking] at such rates as would in the opinion of [the Committee] bring inadequate revenue for meeting the proposed expenditure and for complying with the provisions of the next succeeding clauses of this sub-section;]

(a) provide for the payment, as they fall due, of all sums and of all instalments of principal and interest for which the corporation may be liable under this Act by reason of the acquisition, extension, administration, operation and maintenance of the [Bombay Electric Supply and Transport Undertaking];

(b) allow for the amounts to be transferred during the next ensuing official year to the municipal fund as provided in sections 460KK and 460LL; and

(c) allow for a cash balance at the end of the said year of riot less than one lakh of rupees.

(a) an estimate, classified in accordance with section 125A of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year for the purposes of clause (q) of section 61;

(b) an estimate of all balances, if any, which will be available for re-appropriation of expenditure for the purposes of clause (q) of section 61 at the commencement of the next official year;

(c) an estimate of five times the amount of the net estimated realisations of the Corporation in the then current financial year under the head of general tax (including arrears and payments in advance) divided by the rate fixed for general tax for the then current financial year;

[(c-1) an estimate of the amount, if any, which should, in his opinion, be utilised by the Corporation, for the purposes of clause (q) of section 61, out of its receipts and income referred to in clause (1) of section 125, in addition to the amount referred to in clause (c);]

(d) an estimate of the receipts of the Corporation for or in connection with the purposes of clause (q) of section 61 other than those referred to in [clause (c) and (c-1)].

(a) provide for payment as they fall due of all sums and of all instalments of principal and interest for which the Corporation may be liable under this Act by reason of the construction of school buildings; and

(b) allow for a cash balance at the end of the said year of not less than twenty thousand rupees.

(a) an estimate, classified in accordance with section 125A, of the expenditure which must or should, in his opinion, be incurred by the Corporation in the next official year for the purposes of Chapters IX and X;

(b) an estimate of all balances, if any, which will be available for re-appropriation or expenditure for the said purposes at the commencement of the next official year;

(c) an estimate of the Corporation's receipts and expenditure for the next official year from the services under Chapters IX and X.

(a) water supply and disposal of sewage,

(b) scavenging, transporting and disposal of wastes,

(c) municipal transport, and

(d) street lighting.

(a) determine, subject to the limitations and conditions prescribed in Chapter VIII, the rates at which municipal taxes shall be levied, and the articles on which octroi shall be levied, in the next ensuing [official year:]

(b) approve, subject to the limitations and conditions which may have been prescribed by or under any of the enactments to any licence referred to in clause (la) of sub-section (2) of section 126B, the rates at which the fares and charges in respect of the [Brihan Mumbai Electric Supply and Transport Undertaking] shall be levied.

(a) Subject to the provisions of sub-section (1) of section 131, on the recommendations of [the Standing Committee], the Corporation may, from time to time during an official year, sanction the transfer of any amount exceeding [twenty lakh rupees] from one budget grant to another budget grant.

(b) [The Standing Committee] may at anytime during an official year-

(i) reduce the amount of a budget grant;

(ii) sanction the transfer of any amount, not exceeding fifteen thousand rupees, from one budget grant to another budget grant;

(iii) [* * *]

[(c) The Commissioner may, at any time during an official year sanction the transfer of any amount not exceeding five thousand rupees within a budget grant if such transfer does not involve a recurring liability:

(d) When making any transfer under clause (a), (b) or (c), due regard shall be had to all the requirements of this Act.

(e) If any such reduction as is referred to in sub-clause (1) of clause (b) is of an amount exceeding [five lakh rupees], the Corporation may pass with regard thereto such order as they may think fit; and it shall be incumbent on [the Standing Committee] and the Commissioner to give effect to such order.

[(f) In case of expenditure for the purposes of clause (q) of section 61 the provisions of this section shall apply as if for the words"Standing Committee" the words"Education Committee" had been substituted.]

[(g) For the purposes of expenditure from the Brihan Mumbai Electric Supply and Transport Fund, the provisions of this section shall apply as if for the words "Standing Committee" and "Commissioner" the words "Brihan Mumbai Electric Supply and Transport Committee" and"General Manager" respectively, had been substituted].]

Scrutiny and Audit of Accounts

(a) report to [the Standing Committee] any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the corporation or in the municipal accounts;

(b) furnish to [the Standing Committee] such information as the said committee shall from time to time require concerning the progress of the audit.

[(i) for the words"Standing Committee", wherever, they occur, the words "Brihan Mumbai Electric Supply and Transport Committee" and for the word "Commissioner", wherever it occurs, the words "General Manager" had been substituted; and]

(ii) for the words, brackets and figures "sub-section (3) of section 124" in sub-section (4) of section 137, the words, brackets, figures and letters"sub-section (2) of section 460 NN" had been substituted.]

Chapter VIII

Municipal Taxation

Municipal Taxes defined

(1) property taxes;

(2) a tax on [dogs];

[(3) a theatre tax;]

[* * *]; and

[(4) octroi;]

[* * *]

Property Taxes

[Property taxes leviable on rateable value or capital value]

[(a) (i) the water tax of so many per centum of their rateable value, [or their capital value, as the case may be,] as the [Standing Committee] 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,] as the [Standing Committee] 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;

(b) (i) the sewerage tax of so many per centum of their rateable value, [or their capital value, as the case may be,] as the [Standing Committee] 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,] as the [Standing Committee] 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;]

(c) a general tax of not less than eight and not more than [fifty] 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,] together with not less than one-eighth and [not more than five per centum] 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,] 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;

[(ca) the education cess leviable under section 1959;]

[the street tax leviable under section 195G.]

[(d) betterment charges leviable under Chapter XII-A.]

[Explanation. - [* * *]]

[* * *]

(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,

(a) to which a private water supply is furnished from or which are connected by means of communication pipes with, any municipal water works; or

(b) which are situated in a portion of [Brihan Mumbai] in which the Commissioner has given public notice that sufficient water is available from the municipal water works for furnishing a reasonable supply to all the premises in the said portion.

(a) situated in any portion of [Brihan Mumbai] in which public notice has been given by the Commissioner that the collection, removal and disposal of all excrementitous and polluted matter from privies, urinals and cesspools, will be undertaken by municipal agency; or

(b) in which wherever situate, there is a privy, water-closet, cesspool, urinal, bathing place or cooking place connected by a drain with a municipal drain.

[(a) buildings and lands or portions thereof exclusively occupied for public worship or for charitable purposes;]

(b) buildings and lands vesting in [Brihan Mumbai] [used solely for public purposes and not used or intended to be used for purposes of profit] or in the corporation, in respect of which the said tax, if levied, would under the provisions hereinafter contained be primarily leviable from the [Government] or, the corporation, respectively;

[(c) such buildings and lands vesting in, or in the occupation of, any consul de carriers, whether called as a consul general, consul, vice-consul, consular agent, pro-consul or by any other name of a foreign State recognised as such by the Government of India, or of any members (not being citizens of India) of staff of such officials, and such buildings and lands or parts thereof which are used or intended to be used for any purpose other than for the purpose of profit.]

(c) [those] in which any trade or business is carried on; and

(d) [those] in respect of which rent is derived whether such rent is or is not applied exclusively to religious or charitable purposes.

(a) buildings which are constructed under the Low Cost Housing Scheme for economically weaker sections and Low Income Group [by the corporation, the Mumbai Metropolitan Region Development Authority or the Maharashtra Housing and Area Development Authority] or under the Slum Rehabilitation Scheme declared under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, or

(b) buildings constructed and wherein there is the component of the tenements constructed for project affected persons on plots allocated, designated or reserved in the development plan for Public Housing (PH) or High Density Housing (HDH, "Housing the Dishoused (HD), and are developed or redeveloped by the Corporation or public authority or the owner, where the owner is required under the scheme for" Housing the Dishoused" or under the scheme"Public Housing or High Density Housing" to hand over to the Corporation free of cost at least fifty per cent., or as the case may be, ten per cent. of the built up area for allotment to project affected persons or for rehabilitating the existing tenants on the plot or to both such persons or tenants; and to persons affected by the projects undertaken by the Corporation, respectively; or

(c) building which is destroyed by fire or which has collapsed or which has been demolished and is reconstructed; or

(d) cessed buildings reconstructed under the Urban Renewal Scheme undertaken by the Maharashtra Housing and Area Development Authority (MHADA) or the Corporation; or

(e) buildings constructed on lands belonging to public authority under rehabilitation project where there is a component of tenements for rehabilitating slum dwellers: [or]

[(f) buildings constructed or reconstructed, for transit accommodation, that is to say transit camps, by the corporation, the Mumbai Metropolitan Region Development Authority of the Maharashtra Housing and Area Development Authority; or

(g) buildings constructed or reconstructed under the rental housing scheme by the corporation, the Mumbai Metropolitan Region Development Authority or the Maharashtra Housing and Area Development Authority.]

(a) is entitled to FSI benefit under regulation 33(7) of the Development Control Regulations for Brihan Mumbai, 1991; and

(b) is a cessed building governed by the Maharashtra Housing and Area Development Act, 1976 and is reconstructed or redeveloped by, -

(i) the co-operative housing society formed by existing tenants; or

(ii) the co-operative society formed by the occupiers (including owner occupier) of the building classified as Category 'A' under section 84 of the Maharashtra Housing and Area Development Act, 1976; or

(c) belongs to the Corporation, was first constructed prior to 1940 and is reconstructed or redeveloped, by the co-operative housing society formed by its occupiers;

Liability for Property Taxes

(a) if the premises are let, from the lessor;

(b) if the premises are sublet, from the superior lessor; [* * *]

(c) if the premises are unlet, from the person in whom the right to let the same vests.

[(d) if the premises are held or occupied by a person who is not the owner and the where abouts of the owner of the premises cannot be ascertained, from the holder or occupier: and

Notice of transfer, etc., of premises assessable to Property Taxes

Valuation of property assessable to property taxes

(a) the nature and type of the land and structure of the building,

(b) area of land or carpet area of building,

(c) user category, that is to say, (i) residential, (ii) commercial (shops, or the like), (iii) offices, (iv) hotels (upto 4 stars), (v) hotels (more than 4 stars), (vi) banks, (vii) industries and factories, (viii) school and college building or building used for educational purposes and (ix) malls and (x) any other building or land not covered by any of the above categories,

(d) age of the building, or

(e) such other factors as may be specified by rules made under sub-section (1B).

(a) as to the name and place of abode of the owner or occupier, or of both the owner and occupier of such building or land; and

[(b) as to the details in respect of any or all the items as enumerated in clauses (a) to (e) of sub-section (1A) of section 154 in relation to such building or land or of any portion thereof.]

Assessment book

(a) a list of all buildings and lands in [Brihan Mumbai] distinguishing each either by name or number, as he shall think fit;

(b) the rateable value [or the capital value, as the case may be,] of each such building and land determined in accordance with the foregoing provisions of this Act;

(c) the name of the person primarily liable for the payment of the property taxes, if any, leviable on each such building or land;

[(d) if any such building or land is not liable to be assessed to the general tax or is exempt from payment of property tax either in whole or in part, as the case may be, the reason of such non-liability or exemption, as the case may be];

(e) when the rates of the property taxes to be levied for the year have been duly fixed by the corporation and the period fixed by public notice, as hereinafter provided, for the receipt of complaints against the amount of rateable value [or the capital value, as the case may be,] entered in any portion of the assessment book, has expired, and in the case of any such entry which is complained against, when such complaint has been disposed of in accordance with the provisions hereinafter contained, the amount at which each building or land entered in such portion of the assessment book is assessed to each of the property taxes, if any, leviable thereon;

[(f) if under section 169, a charge is made for water supplied to any buildings or land by measurement or the water taxes or charges for water by measurement are compounded for or if, under section 170, the sewerage taxes or sewerage charges for any building or land are fixed at a special rate, the particulars and amount of such charges composition or rates;]

(g) such other details, if any, as the Commissioner from time to time thinks fit to direct.